(A) Owners or operators of incinerators subject to rules 3745-68-40 to 3745-68-52 of the Administrative Code may burn Ohio EPA hazardous wastes F020, F021, F022, F023, F026, or F027 if they receive a certification from the director that they can meet the performance standards of rules 3745-57-40 to 3745-57-51 of the Administrative Code when they burn these wastes.
(B) The following standards and procedures will be used in determining whether to certify an incinerator:
(1) The owner or operator will submit an application to the director containing applicable information in rules 3745-50-44 and 3745-50-62 of the Administrative Code demonstrating that the incinerator can meet the performance standards in rules 3745-57-40 to 3745-57-51 of the Administrative Code when they burn these wastes.
(2) The director will issue a tentative decision as to whether the incinerator can meet the performance standards in rules 3745-57-40 to 3745-57-51 of the Administrative Code. Notification of this tentative decision will be provided by newspaper advertisement and radio broadcast in the jurisdiction where the incinerator is located. The director will accept comment on the tentative decision for sixty days. The director also may hold a public hearing upon request or at his discretion.
(3) After the close of the public comment period, the director shall issue a decision whether or not to certify the incinerator.