Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.32 - Prioritization Process

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  specifies how an application for a commercial hazardous waste management
				  facility shall be designated as expedited.
(b) For permit applications received after
				  the effective date of this section, prioritization will occur at the time of
				  receipt of a Part B hazardous waste permit application.
(c) Permit applications for storage capacity
				  at the same facility or a different facility owned by the same parent company
				  which also offers recycling, processing, or disposal services shall have the
				  same priority as the recycling, treatment, or disposal technology with which it
				  is associated.
(d) Prioritization
				  of permit applications for needed, innovative, or regional technologies shall
				  be as follows.
(1) If the technology covered
				  by the application is not identified on Table 2, the applicant may submit the
				  information described under subsections (e) or (f) of this section. If all
				  processing and/or land disposal capacity included in the permit is associated
				  with a needed or demonstrated innovative or regional technology, then the
				  application is designated as expedited.
(2) If more than 70% of the total maximum
				  annual throughput capacity of recycling, processing, and disposal units or
				  process trains covered by the application is associated with a needed or
				  demonstrated innovative or regional technology, then the application is
				  designated as expedited subject to the following applicable requirements.
(A) The applicant must specify whether or not
				  each hazardous waste recycling, processing, or disposal unit is a needed or
				  demonstrated innovative or regional technology.
(B) The applicant must specify whether or not
				  each hazardous waste recycling, processing, or disposal unit, associated with
				  or part of a process train, is a needed or demonstrated innovative or regional
				  technology, based on the following:
(i) for
				  permit applications containing multiple units functioning in series in order to
				  recycle, process, and/or dispose of hazardous waste, the individual units shall
				  be considered part of a process train; and
(ii) whether or not each unit is a needed,
				  innovative or regional technology shall be evaluated based on the technology
				  represented by the process train. A unit is considered to be a needed,
				  innovative or regional technology if it is associated with or part of a process
				  train which is a needed, innovative or regional technology.
(C) The applicant shall calculate
				  the percentage figure to be used under subsection (d)(2) of this section to
				  determine the priority for the entire application as follows:
(i) total the maximum annual throughput
				  capacity for hazardous waste recycling, processing, and/or disposal in units or
				  process trains covered by the application that are associated with or
				  identified as a needed or demonstrated innovative or regional
				  technology;
(ii) divide the total
				  from clause (i) of this subparagraph by the total maximum annual throughput
				  capacity of all recycling, processing, and disposal units and process trains
				  covered by the application; and
(iii) multiply the quotient from clause (ii)
				  of this subparagraph by 100.