Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984 Page: 4,732
4703-4756 p. ; 28 cm.View a full description of this periodical.
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Subchapter V. Permitting Standards for
Owners and Operators of Hazardous
Waste Storage, Processing, or
Disposal Facilities
31 TAC 335.455
The Texas Water Development Board proposes
amendments to 335 455, concerning waste reports
required by owners or operators of storage, process-
ing, or disposal facilities subject to the industrial solid
waste permitting regulations
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
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 these purposes
to varying degrees, as explained in detail in the fol-
lowing paragraphs.
The proposal amends 335 455 to substitute the term
"shipping ticket" with the term "manifest" in accor-
dance with the amendments proposed for all other
portions of the industrial solid waste regulations where
the terms should be updated to achieve consistency
with the U S Environmental Protection Agency's
(EPA's) manifest regulations.
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 the improvement of the state's abil-
Ity to assure protection of human health and the en-
vironment, including ground and surface water re-
sources, from the threat of contamination by Class
I industrial solid wastes by establishing moe 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 itsdestination. 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 rule 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 provide 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-
,,ources. These amendments also are proposed under
the Solid Waste Disposal Act, 4(c), Texas Civil Stat-
utes, Article 4477-7, which authorizes the department
to adopt and promulgate rules consistent with the
general intent and purposes of the Act and establish
minimum standards of operation for all aspects of the
management and control of industrial solid waste, and
further directs the department 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
industrial 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.
335 455 Waste Report An owner or operator of a
storage, processing, or disposal facility required to file
a report under 335.15(c) of this title (relating to Record-
Keeping and Reporting Requirements Applicable to Own-
ers or Operators of Storage, Processing, or Disposal Fa-
cilities) shall include within that report the following
information:
(1)-(3) (No change.)
(4) a description and the quantity of each haz-
ardous waste the facility received which was not accom-
panied by a manifest [shipping ticket];
(5)-(6) (No change.)September 4, 1984
Texas
Register9 TexReg 4732
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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/m1/30/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.