|(a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Pathological waste --This term is assigned the
meaning as defined in 25 TAC §1.132 (relating to Definitions)
(2) Human remains (as defined in Texas Health and Safety
Code, §711.001)--The body of decedent.
(3) Embryonic and fetal tissue remains--This term is
assigned the meaning as defined in Texas Health and Safety Code, §697.002.
The umbilical cord, placenta, gestational sac, blood, or body fluids
from the same pregnancy may be disposed of in the same manner as embryonic
and fetal tissue remains in accordance with Texas Health and Safety
(4) Carcasses--Dead animals, in whole or part.
(5) Crematory --A building or structure containing
one or more furnaces used, or intended to be used, for the reduction
(by burning) of human remains, and/or embryonic and fetal tissue remains
to cremated remains.
(6) Animal feeding operations--A lot or facility (other
than an aquatic animal feeding facility or veterinary facility) where
animals are stabled or confined and fed or maintained for a total
of 45 days or more in any 12-month period, and the animal confinement
areas do not sustain crops, vegetation, forage growth, or post-harvest
residues in the normal growing season.
(7) Non-commercial incinerator--An incinerator which
does not accept pathological waste, embryonic and fetal tissue remains,
or carcasses generated off-site for monetary compensation.
(8) Stack height--Elevation of the stack exit above
(b) Conditions of permit by rule. Crematories used
for the cremation of human remains, embryonic and fetal tissue remains,
and appropriate containers which meet the following conditions of
this section are permitted by rule. Non-commercial incinerators used
to dispose of pathological waste, embryonic and fetal tissue remains,
and carcasses which meet the following conditions of this section
are permitted by rule. Incinerators used in the recovery of materials
are not covered by this section.
(1) Design requirements.
(A) The manufacturer's rated capacity (burn rate) shall
be 200 pounds per hour (lbs/hr) or less.
(B) The incinerator shall be a dual-chamber design.
(C) Burners shall be located in each chamber, sized
to manufacturer's specifications, and operated as necessary to maintain
the minimum temperature requirements of subparagraphs (D) or (E) of
this paragraph at all times when the unit is burning waste.
(D) Excluding crematories, the secondary chamber must
be designed to maintain a temperature of 1,600 degrees Fahrenheit
or more with a gas residence time of 1/2 second or more.
(E) In lieu of subparagraph (D) of this paragraph,
incinerators at animal feeding operations that:
(i) are used to dispose of carcasses generated on-site;
(ii) are located a minimum of 700 feet from the nearest
property line, shall be designed to maintain a secondary chamber temperature
of 1,400 degrees Fahrenheit or more with a gas residence time of 1/4
second or more. Alternatively, incinerators may be located in accordance
with Table 494 of this clause, provided the total manufacturer's rated
capacity (burn rate) of all units located less than 700 feet from
a property line shall not exceed 200 lb/hr. Setback distances shall
be measured from the stack exit.
(F) There shall be no obstructions to stack flow, such
as by rain caps, unless such devices are designed to automatically
open when the incinerator is operated. Properly installed and maintained
spark arresters are not considered obstruction.
(2) Operational conditions.
(A) Before construction begins, the facility shall
be registered with the commission using Form PI-7.
(B) The manufacturer's recommended operating instructions
shall be posted at the unit and the unit shall be operated in accordance
with these instructions.
(C) The opacity of emissions from the incinerator shall
not exceed 5.0% averaged over a six-minute period.
(D) Heat shall be provided by the combustion of sweet
natural gas, liquid petroleum gas, or Number 2 fuel oil with less
than 0.3% sulfur by weight, or by electric power.
(E) Incinerators installed and operated in accordance
with the conditions of this section shall not be used to dispose of
any medical waste, other than pathological waste, embryonic and fetal
tissue remains, and/or carcasses, as defined under subsection (a)
of this section.
(F) Incinerators installed and operated in accordance
with the conditions of this section shall also meet the requirements
of §§111.121, 111.125, 111.127, and 111.129 of this title
(relating to Single-, Dual-, and Multiple-Chamber Incinerators; Testing
Requirements; Monitoring and Recordkeeping Requirements; and Operating
(G) Crematories shall be used for the sole purpose
of cremation of human remains, embryonic and fetal tissue remains,
as well as the umbilical cord, placenta, gestational sac, blood, or
body fluids in accordance with Texas Health and Safety Code, §697.004,
and appropriate containers.
|Source Note: The provisions of this §106.494 adopted to be effective March 14, 1997, 22 TexReg 2439; amended to be effective September 1, 1999, 24 TexReg 6758; amended to be effective September 4, 2000, 25 TexReg 8653; amended to be effective July 19, 2018, 43 TexReg 4757