Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984 Page: 4,728
4703-4756 p. ; 28 cm.View a full description of this periodical.
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Texas
Register
The purpose of this amendment and other simultane-
ous amendments to this chapter is to adopt the use
of the uniform hazardous waste manifest form for all
shipments of Class I industrial solid waste, to impose
exception reporting and manifest discrepancy report-
ing requirements on generators and facilities that pre-
pare 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 these purposes to varying degrees, as
explained in detail in the following paragraph
The proposal amends 335 91(a) to include the new
provision added to Subchapter A of the industrial solid
waste regulations The provision emphasizes that the
standards imposed on transporters of hazardous
waste under Subchapter D are in addition to any ap-
plicable provisions contained in 335 1-335 16, thus
including proposed 335 16 in the list of provisions
in Subchapter A
Mike Hodges, Fiscal Services Section chief, has de-
termined that for the first five-year period the rule will
be in effect there will be no fiscal implications for state
or local government or small businesses as a result
of enforcing or administering the rule
Mr Hodges also has determined that for each year of
the first five years the rule as proposed is in effect the
public benefit anticipated as a result of enforcing the
rule as proposed is improvement in the state's ability
to assure protection of human health and the environ-
ment, 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
under the Resource Conservation and Recovery Act
(RCRA), for the manifest must be prepared by gener-
ators 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 U S Environmental Protection Agen-
cy's (EPA) adoption of a uniform manifest form re-
quired for all regulated shipments of hazardous waste
should alleviate the confusion and compliance difficul-
ties that previously existed when each state had its
own Individual manifest system In Texas, the term
"shipping ticket" has been used in the regulations ap-
plicable to waste shipments These rules propose to
substitute the term "manifest" for the term "shipping
ticket" to establish consistency with the terminology
applied on a nationwide basis There is no anticipated
economic cost to inoividuals who are required to com-
ply with the rule as proposedComments on the proposal may be submitted to
Cynthia C. Smiley, Staff Attorney, Texas Department
of Water Resources, P O Box 13087, Austin, 1 exas
78711
This amendment is 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 Resources.
This amendment also is proposed under the Solid
Waste Disposal Act, 4(c), Texas Civil Statutes, Ar-
ticle 4477-7, which authorizes the department to
adopt and promulgate rules consistent with the gen-
eral intent and purposes of the Act and establish mini-
mum standards of operation for all aspects of the
management and control of industrial solid waste, and
further directs the deoartment to promulgate rules re-
quiring persons who generate, transport, process,
store, or dispose of Class I industrial solid waste or
hazardous waste to provide record keeping and use
a manifest or other appropriate system to assure that
such wastes are transported to a storage, process-
Ing, or disposal facility permitted or otherwise autho-
rized for that purpose Under the Solid Waste Disposal
Act, 3(b), the Texas Department of Water Resources
is designated as the state solid waste agency with
respect to the management of industrial solid waste
and is required to seek the accomplishment of the pur-
poses of the Act through the control of all aspects of
industral solid waste management by all practical and
economically feasible methods consistent with the
powers and duties given it under the Act and other
existing legislation Section 3(b) grants to the depart-
ment the powers and duties specifically prescribed in
the Act and all other powers necessary or convenient
to carry out its responsibilities
335 91 Scope
(a) This subchapter establishes standards for trans-
porters transporting hazardous industrial solid waste to
off-site storage, processing, or disposal facilities These
standards are in addition to any applicable provisions con-
tained in 335.1-335.16 [Subchapter A] of this title (relat-
ing to Industrial Solid Waste Management in General)
(b)-(c) (No change )
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within
the agency's authority to adopt
Issued in Austin, Texas, on August 23. 1984TRD-848809
Susan Plettman
General Counsel
Texas Department of Water
ResourcesEarliest possible date of adoption
October 5, 1984
For further' information, please call (512) 475-7845.September 4, 1984
9 TexReg 4728
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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/m1/26/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.