Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984 Page: 4,729
4703-4756 p. ; 28 cm.View a full description of this periodical.
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Subchaoter H. Shipping Ticket,
Record-Keeping and Reporting
Requirements
31 TAC 335.171, 335.173, 335.175,
335.177
The Texas Water Development Board proposes
amendments to 335.171, 335.173, 335.175, and
335.177, concerning record-keeping and reporting re-
quirements for owners and operators of hazardous in-
dustrial solid waste storage, processing, or disposal
facilities.
The purpose of these amendments and other simul-
taneous 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 im-
pose exception reporting and manifest discrepancy re-
porting 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-
quirement into Subchapter A of the industrial solid
waste regu tons, which applies generally to indus-
trial solid w ste management.
The amendm ts 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 fol-
lowing paragraphs
The proposal amends 335 171 by deleting the refer-
ences to 335.172 which is proposed for repeal to
consolidate its requirements in another subchapter of
the industrial solid waste regulations. The relevant por-
tion of the sentence explaining that 335 172 and
335.176 do not apply to owners and operators that
store, process, or dispose of hazardous waste on-site
and do not receive hazardous waste from off-site
sources is incorporated into 335 15 since 335 172
is incorporated into that provision.
The proposal amends 335 173 to substitute the term
"manifest" for the term "shipping ticket" in accor-
dance with the other amendments proposed to
achieve consistency with the United States Environ-
mental Piotection Agency's (EPA) manifest regu-
lations.
The proposal amends 335 175 to correct a typo-
graphical error in the reference to 335 15(b), which
governs record-keeping and reporting requirements
applicable to owners or operators of storage, process-
ing, or disposal facilities The proposal also deletes
335 175(a)(4), which lists the method of storage,
processing, and disposal for each hazardous waste an
an item to be included in the monthly summary be-
cause that item would already be required by the pro-
posed 335 15(c) for hazardous and nonhazardous
Class I Industrial solid waste. It is unnecessary to
repeat that requirement in 335.175, so the proposal
deletes it and renumbers the item following it ac-
cordingly.The proposal amends 335 117 to clarify that the an-
nual reports and waste reports required from owners
or operators of hazardous waste storage, processing,
or disposal facilities are described in 335.15 of Sub-
chapter A and 335.175 of Subchapter H. These
amendments reflect the transfer of the waste report
requirement into Subchapter A and its repeal from
Subchapter H
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
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
under 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 substitute the term "shipping ticket" with the
term "manifest" to establish consistency with the ter-
minology applied on a nationwide basis There is no
anticipated economic cost to individuals who are re-
quired to comply with the rules as proposed.
Comments on the proposal may be submitted to
Cynthia C Smiley, Staff Attorney, Texas Department
of Water 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 are proposed under the
Solid Waste Disposal Act, 4(c), Texas Civil Statutes,
Article 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, andSeptember 4, 1984
Proposed
Rules9 TexReg 4729
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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/m1/27/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.