(a) The following applications for permitting of new capacity at commercial hazardous waste management facilities shall be prioritized as specified in §281.32 of this title (relating to Prioritization Process):
  (1) permit applications submitted after the effective date of this section; and
  (2) permit applications submitted prior to the effective date of this section, except as provided under subsection (b) of this section.
(b) Prioritization in accordance with §281.32 of this title (relating to Prioritization Process) shall not be made for applications for permitting of new capacity at commercial hazardous waste management facilities for which notice under §305.100 of this title (relating to Notice of Application) has been issued prior to the effective date of this section.
(c) Sections 281.30-281.32 of this title (relating to Application Processing) do not apply to an application for permitting of unit(s) at a commercial hazardous waste management facility if the unit(s) is to be used solely for the management of wastes generated at the facility which are not the result of commercial hazardous waste management activities.
(d) Nothing in this rule shall limit the ability of the commission to prioritize any permit application.

Source Note: The provisions of this §281.30 adopted to be effective November 7, 1994, 19 TexReg 8542.