Section 4.208 - [Effective 7/1/2025] General Standards for Permit Issuance(a) A permit for a commercial recycling facility issued pursuant to this subchapter shall provide that the facility shall only receive, store, handle, treat, or recycle waste: (1) under the jurisdiction of the Commission;(2) that is not a hazardous waste as defined by the administrator of the Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended (42 United States Code, § 6901, et seq.); and(3) that is not oil and gas naturally occurring radioactive (NORM) waste as defined in § 4.603 of this title (relating to Definitions).(b) A permit issued pursuant to this subchapter may be issued only if the Director or the Commission determines that:(1) the storage, handling, treatment, and/or recycling of oil and gas wastes and other substances and materials will not result in the waste of oil, gas, or geothermal resources, the pollution of surface or subsurface water, a threat to public health and safety; and(2) the recyclable product can meet engineering and environmental standards the Commission establishes in the permit or in this subchapter for its intended use.(c) All chemical laboratory analyses shall be performed using appropriate Environmental Protection Agency methods or standard methods by an independent National Environmental Laboratory Accreditation Program certified laboratory neither owned nor operated by the permittee. Any sample collected for chemical laboratory analysis shall be collected and preserved in a manner appropriate for that analytical method as specified in 40 Code of Federal Regulations (CFR) Part 136. All geotechnical testing shall be performed by a laboratory certified to conduct geotechnical testing according to the standards specified by the ASTM International (ASTM) and certified by a professional engineer licensed in Texas.16 Tex. Admin. Code § 4.208
The provisions of this §4.208 adopted to be effective April 15, 2013, 38 TexReg 2334; Amended by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0089, eff. 7/1/2025