(a) A permit for a commercial recycling facility issued pursuant to this subchapter shall provide that the facility may only receive, store, handle, treat, or recycle waste:
  (1) under the jurisdiction of the Commission;
  (2) that is not a hazardous waste as defined by the administrator of the Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended (42 United States Code, §6901, et seq.); and
  (3) that is not oil and gas naturally occurring radioactive (NORM) waste as defined in §4.603 of this title (relating to Definitions).
(b) A permit issued pursuant to this subchapter may be issued only if the director or the Commission determines that:
  (1) the storage, handling, treatment, and/or recycling of oil and gas wastes and other substances and materials will not result in the waste of oil, gas, or geothermal resources, the pollution of surface or subsurface water, a threat to public health and safety; and
  (2) the recyclable product can meet engineering and environmental standards the Commission establishes in the permit or in this subchapter for its intended use.

Source Note: The provisions of this §4.208 adopted to be effective April 15, 2013, 38 TexReg 2334