A permit application for off-lease or centralized commercial solid oil and gas waste recycling shall include the following operating information:
  (1) the estimated maximum volume of untreated oil and gas waste and partially treated oil and gas waste to be stored at the facility;
  (2) the estimated maximum volume and time that the recyclable product will be stored at the facility;
  (3) a plan to control unauthorized access to the facility;
  (4) a detailed waste acceptance plan that:
    (A) identifies anticipated volumes and specific types of wastes (e.g., oil-based drilling fluid and cuttings, crude oil-contaminated soils, production tank bottoms, hydraulic fracturing flowback fluid, produced water, etc.) to be accepted at the facility for treatment and recycling; and
    (B) provides for testing of wastes to be processed to ensure that only oil and gas waste authorized by this division or the permit will be received at the facility;
  (5) plans for keeping records of the source and volume of wastes accepted for recycling in accordance with the permit, including maintenance of records of the source of waste received by well number, API number, lease or facility name, lease number and/or gas identification number, county, and Commission district;
  (6) a general description of the recycling process to be employed; a flow diagram showing the process and identifying all equipment and chemicals or additives (e.g., asphalt emulsion, quicklime, Portland cement, fly ash, etc.) to be used in the process; and the Material Safety Data Sheets for any chemical or additive;
  (7) a description of all inert material (e.g., brick, rock, gravel, caliche) to be stored at the facility and used as aggregate in the treatment process;
  (8) a description of any testing to be performed to demonstrate that the proposed processing will result in a recyclable product that meets the engineering and environmental standards for the proposed use; and
  (9) an estimate of the duration of operation of the proposed facility.

Source Note: The provisions of this §4.235 adopted to be effective April 15, 2013, 38 TexReg 2334