(a) For the property listed on the Tier I Table located in this subsection that is used wholly for pollution control purposes, a Tier I application is required. A Tier I application must not include any property that is not listed in this subsection or that is used for pollution control purposes at a use percentage that is different than what is listed in the table in this subsection. Unless otherwise designated with a partial use percentage in the Tier I Table of this subsection, if a marketable product is recovered (not including materials that are disposed) from property listed in this subsection, a Tier II application is required.
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(b) The commission shall review and update the Tier I Table in subsection (a) of this section at least once every three years.
  (1) An item may be added to the list only if there is compelling evidence to support the conclusion that the item provides pollution control benefits and a justifiable pollution control percentage is calculable.
  (2) An item may be removed from the list only if there is compelling evidence to support the conclusion that the item does not render pollution control benefits.

Source Note: The provisions of this §18.25 adopted to be effective February 7, 2008, 33 TexReg 943; amended to be effective August 28, 2014, 39 TexReg 6488; amended to be effective January 7, 2021, 46 TexReg 182