Crematories and non-commercial incinerators used to dispose of pathological waste and carcasses which meet the following conditions of this section are exempt:

1. (1) design requirements.

   1. (A) The manufacturer's rated capacity (burn rate) shall be 200 pounds per hour or less.
   2. (B) The incinerator shall be a dual-chamber design.
   3. (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.
   4. (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.

   5. (E) In lieu of subparagraph (D) of this paragraph, incinerators at animal feeding operations that:

      1. (i) are used to dispose of carcasses generated on-site; and
      2. (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.
   6. (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 arrestors are not considered obstructions.

2. (2) operational conditions.

   1. (A) Before construction begins, the facility shall be registered with the commission using Form PI-7.
   2. (B) The manufacturer's recommended operating instructions shall be posted at the unit and the unit shall be operated in accordance with these instructions.
   3. (C) The opacity of emissions from the incinerator shall not exceed 5.0% averaged over a five-minute period.
   4. (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.
   5. (E) Incinerators used in the recovery of materials are not covered by this section.
   6. (F) 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 and/or carcasses.
   7. (G) Incinerators installed and operated in accordance with the conditions of this section shall also meet the requirements of §§111.121, 111.123, 111.124, 111.125, 111.127, and 111.129 of this title (relating to Single-, Dual-, and Multiple-Chamber Incinerators; Medical Waste Incinerators; Burning Hazardous Waste Fuels in Commercial Combustion Facilities; Testing Requirements; Monitoring and Recordkeeping Requirements; and Operating Requirements).
   8. (H) Crematories shall be used for the sole purpose of cremation of human remains and appropriate containers.

3. (3) definitions.

   1. (A) Pathological waste (as defined in 25 TAC §1.132 (Definitions))--Includes, but is not limited to:

      1. (i) human materials removed during surgery, labor and delivery, autopsy, or biopsy, including:

         1. (I) body parts;
         2. (II) tissues or fetuses;
         3. (III) organs; and
         4. (IV) bulk blood and body fluids;
      2. (ii) products of spontaneous or induced human abortions, including body parts, tissues, fetuses, organs, and bulk blood and body fluids, regardless of the period of gestation;
      3. (iii) laboratory specimens of blood and tissue after completion of laboratory examination; and
      4. (iv) anatomical remains.
   2. (B) Human remains (as defined in Health and Safety Code (H&SC), §711.001)--The body of decedent.
   3. (C) Carcasses--Dead animals, in whole or part.
   4. (D) Crematory (as defined in the H&SC, §711.001)--A structure containing a furnace used or intended to be used for the cremation of human remains.
   5. (E) 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.
   6. (F) Non-commercial incinerator--An incinerator which does not accept pathological waste or carcasses generated off-site for monetary compensation.

Source Note:The provisions of this §106.494 adopted to be effective March 14, 1997, 22 TexReg 2439.