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Air PBR 106.494: Non-commercial Incinerators and Crematories

Crematories and noncommercial incinerators used to dispose of pathological waste and carcasses are permitted by rule if designed and operated according to the specific conditions stated in 30 TAC Sections 106.4 and 106.494. This PBR must be claimed before construction may begin. Recordkeeping requirements are discussed.

Crematories and non-commercial incinerators must be designed and operated according to the specific conditions stated in Title 30, Texas Administrative Code (30 TAC), Section 106.494 , and meet the general conditions stated in 30 TAC Section 106.4 to be permitted by rule.

  • Crematories shall be used for the cremation of human remains, embryonic and fetal tissue remains (including the umbilical cord, placenta, gestational sac, blood, or body fluids from the same pregnancy, and appropriate containers; and
  • Non-commercial incinerators shall be used to dispose of pathological waste, embryonic and fetal tissue remains, and carcasses.

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 these quick screens:

  • This PBR does not cover incinerators used in the recovery of materials.
  • Incinerators covered by this PBR may not be used to dispose of any medical waste other than pathological waste, embryonic and fetal tissue remains, and carcasses, as defined under Section 106.494(a).

If your facility complies with these limitations:

  • 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 106.494 Checklist, TCEQ Form - 20271.

If your facility cannot comply with these conditions, see Types of New Source Review Authorizations for other options.

Claiming a Permit by Rule

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
    • PBR 106.494 Checklist for Pathological Waste Incinerators TCEQ Form - 20271

      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 Fees Fact Sheet

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

Record Keeping

Under 30 TAC Section 106.8 , your records must identify the rules under which your facility is operating and demonstrate compliance for a rolling 12-month period. Be sure you keep at least these records:

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.

Additional Information

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