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Air PBR 106.491: Dual-Chamber Incinerators

Dual-chamber incinerators that burn only waste generated on site or illegal drugs confiscated by federal, state, or local law enforcement agencies are permitted by rule if designed and operated as stated in 30 TAC Sections 106.4 and 106.491. This PBR must be claimed before construction may begin. Recordkeeping requirements are discussed.

Dual-chamber incinerators that burn only waste generated on site or illegal drugs confiscated by federal, state, or local law enforcement agencies must be designed and operated as stated in Title 30, Texas Administrative Code (30 TAC), Section 106.491 , and meet the general conditions stated in 30 TAC Section 106.4 to be permitted by rule.

Note: All PBR checklists that are made available to the public are optional and are not required forms. These checklists are provided for your convenience only.

To operate under this permit by rule (PBR), you must (1) submit a claim before construction begins and (2) keep records as described below.

Quick Screen

To determine whether your facility qualifies for this PBR, first consider this quick screen. This PBR does not cover incinerators used in the processing, recovery, or disposal of any of these substances:

  • pathological waste (see PBR 106.494)
  • hospital waste
  • infectious waste
  • hazardous waste
  • radioactive waste

If your facility meets these limitations, complete these checklists:

  • Complete our PBR Applicability Checklist, TCEQ Form - 10149, to find out whether your facility meets the general conditions for a PBR,
  • to find out whether it meets the specific conditions for this PBR, complete our PBR 106.491 Checklist, TCEQ Form - 20272

If your facility does not meet these criteria, see Types of New Source Review Authorizations for other options.

Claiming a Permit by Rule

  • Registration for a Permit by Rule

TCEQ Form - 10228

Registration of a facility under a PBR can be performed by completing a Form PI-7 "Registration for Permits by Rule" or a Form PI-7-CERT, "Certification and Registration for Permits by Rule."

  • PBR Applicability Checklist for Section 106.4 General Requirements TCEQ Form - 10149
  • NOTE: A checklist has been developed by the TCEQ to assist staff in determining whether a facility or project meets all of the applicable requirements. The use of this checklist is not mandatory; however, it is the responsibility of each applicant to show how a facility being claimed under a PBR meets all of the general and specific requirements. If all PBR requirements cannot be met, a facility will not be allowed to operate under the PBR, and an application for a construction permit may be required under 30 TAC Chapter 116, Section 116.110(a). It is recommended that this checklist be used by applicants and a copy submitted with any registration to expedite review. If the checklist is used, check the most appropriate answer and include any additional information in the spaces provided. If additional space is needed, please include an extra page and reference the question number.
  • Permits by Rule

Registration Fee

Fees of either $100 or $450 are required for any new or updated PBR registration. Please see fact sheet for additional details.


Under 30 TAC Section 106.8 , your records must identify the rules under which your facility is operating and demonstrate compliance with its conditions. Be sure you keep at least these records:

  • a copy of Section 106.4
  • a copy of Section 106.491
  • for a rolling two-year period:
    • type and amount of waste charged or burned
    • type and amount of fuel used (if fuel oil, include sulfur content)
    • monitoring and testing results
    • hours of operation
    • routine maintenance of abatement systems
  • any other records that you believe would document compliance with these rules

These records must be kept on site and readily available on request for inspection by the TCEQ or any air pollution control program that has jurisdiction. If you have questions about the type of records you should keep, contact the Air Program in the TCEQ regional office that serves your county.

Other Requirements

Read 30 TAC Section 491 in full for other requirements. For example:

  • Under Paragraph (d)(4) of this rule, you must install, calibrate, maintain, and operate a monitoring device that continuously measures and records the temperature of the exhaust gas of the incinerator, in addition to any monitoring required by an appropriate federal rule.
  • Whenever requested by the TCEQ or any local air pollution control agency that has jurisdiction over your site, you must demonstrate that your incinerator complies with 30 TAC Sections 111.121 and 111.125 .

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