Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984 Page: 4,733
4703-4756 p. ; 28 cm.View a full description of this periodical.
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(7) a brief explanation of why the waste was un-
accompanied by a manifest [shipping ticket], if known
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-848805
Susan Plettman
General Counsel
Texas Department of Water
ResourcesEarliest possible date of adoption
October 5, 1984
For further Information, please call (512) 475-7845.
Chapter 341. Consolidated Permits
31 TAC 341.346
The Texas Water Development Board proposes
amendments to 341.346, concerning reporting, in
its consolidated permit regulations
The proposed amendments correspond with the
amendments proposed for the industrial solid waste
management rules to adopt the uniform manifest form
of the Environmental Protection Agency (EPA) and to
update the applicable state requirements accordingly.
The proposal amends 341 346 to replace the term
"shipping ticket" with the term "manifest " This
change in terminology is necessitated by the joint rule-
making effort of the EPA and the Department of Trans-
portation (DOT) resulting in a final rule published in
the March 20, 1984, issue of the Federal Register (49
FedReg 10490) The new rule, which becomes effec-
tive on September 20, 1984, establishes a uniform
hazardous waste manifest form and requires the use
of the new form for all regulated shipments of haz-
ardous waste
In addition to its use for shipments of Resource Con-
servation and Recovery Act (RCRA) hazardous waste,
the uniform manifest may also be used for shipments
of DOT-regulated hazardous materials, for shipments
of state-regulated wastes, or for any combination of
these regulated materials The Texas Department of
Water Resources (TDWR) intends to use the uniform
manifest form for all shipments of Class I Industrial
solid waste, and has adapted the federal form for the
state's purposes as suggested in the EPA regulations
In addition, some of the provisions in the industrial
solid waste rules that previously applied only to haz-
ardous waste have been admended to apply to all
Class I industrial solid waste For this reason, the
specific provisions requiring the discrepancy report,
waste report, annual report, and monthly summary
would be added to 341 346 to clarify the source of
the reporting requirements
The sentence in parentheses in 341 346(1) is
amended to state its applicability to Class I industrial
solid waste, instead of only hazardous waste, to cor-
respond with the amendment to 335 12, which ex-
tends the manifest discrepancy reporting requirementsto owners or operators of nonhazardous, as well as
hazardous, Class I Industrial solid waste storage,
processing, or disposal facilities.
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 clarification of the proposed stan-
dards for reporting under the state's manifest system
for Class I industrial solid waste. There is no antici-
pated economic cost to individuals who are required
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.
The 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 Resources
These amendments also are proposed under the Solid
Waste Disposal Act, Texas Civil Statutes, Article
4477-7, 4(c), 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 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
341 346 Reportmng The following reports shall be
submitted
(1) Manifest [Shipping ticket] discrepancy report
required by 335.12 of this title (related to Shipping Re-
quirements Applicable to Owners or Operators of
Storage, Processing, or Disposal Facilities) If a signili-
cant discrepancy in a manifest [shipping ticket] is discov-
ered, the permittee must attempt to reconcile theSeptember 4, 1984
Proposed
Rules_ I L -I I
9 TexReg 4733
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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/m1/31/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.