Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984 Page: 4,721
4703-4756 p. ; 28 cm.View a full description of this periodical.
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The proposal amends 335.41 to substitute the term
"shipping ticket" with the term "manifest" to achieve
consistency with the terminology in the recently pro-
mulgated EPA regulations establishing the uniform
manifest system These changes in terminology are
made throughout the provision. The proposal would
also correct a typographical error in 335.41(g)(2).
The proposal amends 335.42 by deleting the defi-
nitions of "shipping control ticket" or "shipping
ticket" and "shipping ticket document number" and
adding definitions of "manifest" and "manifest docu-
ment number" that correspond to the deleted terms.
The proposal amends Appendix I of 335.48 (the ap-
pendices to Subchapter B) to correct two typographi-
cal errors in the record-keeping instructions of
Appendix I. The proposal also revises the symbol for
cubic meters in Table 1 to be "N" instead of "C" to
correspond with the most recent EPA regulations list-
ing abbreviations for units of measure A table of ab-
breviations for units of measure appeared in the
uniform manifest regulations on March 20, 1984, at
49 FedReg 10503.
Mike Hodges, Fiscal Services Section chief, has de-
termined that for the first five-year period the rules
will be in effect there will be no fiscal implications for
state or local government or small businesses as a re-
sult of enforcing or administering the rules
Mr Hodges also has determined that for each year of
the first five years the rules as proposed are in effect
the public benefit anticipated as a result of enforcing
the rules as proposed is the improvement of the state's
ability to assure protection of human health and the
environment, including ground and surface water
resources, from the threat of contamination by Class
I industrial solid wastes by establishing more uniform
standards for the manifesting of Class I wastes The
manifest is a very important component of the "cra-
dle to grave" regulation of hazardous wastes under
the Resource Conservation and Recovery Act (RCRA),
for the manifest must be prepared by generators who
transport, or offer for transportation, hazardous waste
for off-site treatment, storage, or disposal The
manifest is a control and transport document that ac-
companies the waste from its point of generation to
its destination The manifest system is designed to
ensure that a waste actually reaches its destination.
The Environmental Protection Agency's (EPA's) adop-
tion of a uniform manifest form required for all regu-
lated shipments of hazardous waste should alleviate
the confusion and compliance difficulties that previ-
ously existed when each state had its own Individual
manifest system In Texas, the term "shipping ticket"
has been used in the regulations applicable to waste
shipments. These sections propose to substitute the
term "shipping ticket" with the term "manifest" to
establish consistency with the terminology applied on
a nationwide basis There is no anticipated economic
cost to individuals who are required to comply with
the rules as proposed
Comments on the proposal may be submitted to Cyn-
thia C. Smiley, Staff Attorney, Texas Department ofWater Resources, P O Box 13087, Austin, Texas
78711.
These amendments are proposed under the Texas
Water Code, 5 131 and 5 132, which provides the
Texas Water Development Board with the authority
to make any rules necessary to carry out the powers
and duties under the provisions of the Code and other
laws of the state and to establish and approve all
general policy of the Texas Department of Water Re-
sources. These amendments also are proposed under
the Solid Waste Disposal Act, Texas Civil Statutes,
Article 4477-7, 4(c), which authorizes the depart-
ment to adopt and promulgate rules consistent with
the general intent and purposes of the Act and to es-
tablish minimum standards of operation for all aspects
of the management and control of industrial solid
waste, and further directs the department to promul-
gate rules requiring persons who generate, transport,
process, store, and dispose of Class I industrial solid
waste or hazardous waste to provide record keeping
and use a manifest or other appropriate system to as-
sure that such wastes are transported to a storage,
processing, or disposal facility permitted or otherwise
authorized for that purpose Under the Solid Waste
Disposal Act, 3(b), the Texas Department of Water
Resources is designated as the state solid waste agen-
cy with respect to the management of industrial solid
waste and is required to seek the accomplishment of
the purposes of the Act through the control of all
aspects of industrial solid waste management by all
practical and economically feasible methods consis-
tent with the powers and duties given it under the Act
and other existing legislation Section 3(b) grants to
the department the powers and duties specifically
prescribed in the Act and all other powers necessary
or convenient to carry out its responsibilities
335 41. Purpose, Scope, and Applicubility
(a) (No change )
(b) Subchapter E of this chapter (relating to Gen-
eral Facility Standards), Subchapter F of this chapter
(relating to Preparedness and Preention), Subchapter G
of this chapter (relating to Contingency Plan and Emer-
gency Proceedings), Subchapter H of this chapter (relat-
ing to [Shipping Ticket,] Record-Keeping and Reporting
Requirements), Subchapter I of this chapter (relating to
Groundwater Monitoring), Subchapter J of this chapter
(relating to Closure and Postclosure), Subchapter K of
this chapter (relating to Financial Requirements), Sub-
chapter L of this chapter (relating to Use and Manage-
ment of Containers), Subchapter M of this chapter
(relating to Tanks), Subchapter N of this chapter (relat-
ing to Surface Impoundments), Subchapter O of this
chapter (relating to Waste Piles), Subchapter P of this
chapter (relating to Land Treatment), Subchapter Q of
this chapter (relating to Landfills), Subchapter R of this
chapter (relating to Incinerators), Subchapter S of this
chapter (relating to Thermal Processing), Subchapter T
of this chapter (relating to Chemical, Physical, and Bio-
logical Processing), and Subchapter V of this chapter
(relating to Permitting Standards for Owners and Oper-
ators of Hazardous Waste, Storage, Processing, and Dis-
posal Facilities); 335.12 of this title (relating to Shipping
Requirements Applicable to Owners or Operators of Stor-
age, Processing, or Disposal Facilities); and 335.15 ofSeptember 4, 1984
Proposed
Rules9 TexReg 4721
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Texas. Secretary of State. Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984, periodical, September 4, 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243620/m1/19/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.