Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984 Page: 4,725
4703-4756 p. ; 28 cm.View a full description of this periodical.
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31 TAC 335 67, 335.69-3j5 71,
335.74-335.76
The Texas Water Development Board proposes
amendments to 335 67, 335 69-335 71, and
335 74-335.76, concerning standards applicable to
generators of hazardous industrial solid waste.
The purpose of these amendments and other amend-
ments being simultaneously proposed is to adopt the
use of the uniform hazardous waste manifest form for
all shipments of Class I industrial solid waste, to im-
pose exception repotting and manifest discrepancy
reporting requirements on generators and facilities that
prepare or receive manifests for all Class I industrial
solid wastes; to adopt the use of the term "manifest"
as a replacement for the term "shipping ticket", and
to simplify and consolidate manifest and reporting re-
quirements into Subchapter A of the industrial solid
waste regulations, which applies generally to indus-
trial solid waste management
The amendments to the individual subchapters of the
industrial solid waste regulations that are proposed
simultaneously in this issue achieve the previously
mentioned purposes to varying degrees, as explained
in detail as follows
The proposal amends 335 67 to update the termi-
nology from the reference to a "shipping ticket" docu-
ment number to a "manifest" document number This
change is in accordance with the amendments pro-
posed for all other portions of the industrial solid waste
regulations where the terms are substituted to pro-
vide consistency with the Environmental Protection
Agency's (EPA's) manifest regulations
The proposal amends 335 69 to add new subsec-
tion (c), which clarifies that persons exempted under
the 90-day accumulation time provision still remain
subject to the requirements in Subchapter A applica-
ble to generators of Class I waste This addition em-
phasizes the applicability of the Subchapter A
provisions, but does not impose new requirements on
persons qualifying for the accumulation time ex-
emption
The proposal amends 335 70(b) to clarify that an-
nual reports and exception reports prepared by gener-
ators are required not only by Subchapter C but also
by the applicable provisions in Subchapter A This pro-
vision would be amended to reference the require-
ments of the title rather than the subchapter to
indicate the appearance of the governing provisions
in Subchapter A as well as in other subchapters
governing hazardous waste
The proposal amends 335 71 to clarify that the
method of processing, storage, or disposal for each
hazardous waste described in the annual report shall
be described using Table 2 of Appendix I in Subchap-
ter B, titled "Handling Codes for Storage, Processing,
and Disposal Methods " This clarification is consis-
tent with the effort to simplify and standardize
manifest reporting procedures
The proposal amends 335 74 to substitute the term
"manifest" for the term "shipping ticket" in accor-dance with the adoption of the uniform manifest
system
The proposal amends 335 75 to clarify that exports
or imports of a hazardous waste into the state must
comply with the requirements of the entire title, rather
than just Subchapter C, since the consolidation of re-
quirements concerning the manifest system into Sub-
chapter A expands the universe of applicable reg-
ulations beyond those imposed in Subchapter C. The
proposal also substitutes the word "manifest" for the
term "shipping ticket" wherever it appears. The refer-
ences to 335 64 In 335 75(b)(2) and 335.75(d)
are deleted because of the repeal of 335 64. The
proposal also specifies that Information regarding the
point of departure from the United States through
which a generator's waste must travel before enter-
ing a foreign country is appropriately entered on the
manifest under the item labeled "Special Handling In-
structions and Additional Information "
The proposal amends 335 76 to correct a typo-
graphical error in the reference to 335 41(f)(2)(C),
which sets forth the rules applicable for the purposes
of determining whether a container is empty.
Mike Houges, 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 Ioral government or small businesses as a
result 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 improvement in 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
"cradle to grave" regulation of hazardous wastes un-
der the Resource Conservation and Recovery Act
(RCRA), because the manifest must be prepared by
generators who transport, or offer for transportation,
hazardous waste for off-site treatment, storage, or dis-
posal The manifest is a control and transport docu-
ment that accompanies 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 EPA's adoption of a uniform manifest
form required for all regulated shipments of hazardous
waste should alleviate the confusion and compliance
difficulties that previously existed when each state
had its own individual manifest system In Texas, the
term "shipping ticket" has been used in the regula-
tions applicable to waste shipments These amend-
ments propose to substitute the term "shipping
ticket" with the term "manifest" to establish con-
sistency with the terminology applied on a nationwide
basis There is no anticipated economic cost to in-
dividuals who are required to comply with the rules
as proposed
Comments on the proposal may be submitted to
Cynthia C Smiley, Staff Attorney, Texas DepartmentSeptember 4, 1984
Proposed
Rules9 TexReg 4725
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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/m1/23/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.