(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. If a marketable
product is recovered (not including materials that are disposed) from
property listed in this subsection, a Tier II application is required.
(b) The commission shall review and update the Tier
I Table 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
(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