Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,920
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(e ) container e which are residues that ex-
eeed the quantity limits for "empty" containers set forth in 40 GcR
1(2) Significant differences in quantity are for hulk weight,
variations greater than -0% in weight; and for bth wa. an ai-
tion in piece mount such as a discrepancy of one drum in a truckload.
(-3) Significant differences in type are obvious differences
that can be discovered by inspection or waste analysis, such as waste
solvent substiuted for waste aci+ or toxic constituents not repoled on
the manifest or shipping paper.]
1(4) Upon discovering a significant differenee in quantity
or type, the owner or operator must attempt to reconcile the diserep-
aney with the waste generator or transporter ~eg with telephone en-
versations) If the discrepancy is not resolved within 5 days after re-
eiving the waste, the owner or operator must immediately submit to
the executive dir ter a letter describing the discrepancy and attempts
toereconcile stand a copy of the manifest or shipping paper at issue.
The commission does not intend that the owner or operator of a facil-
ity perform the general waste analysis required by 40 GFR 261 3 or
654- lfe ign ig the ,manifest and ng itto the transport
oweer ,susec et (c ) f this etm does require poing an un-
reconciled discrepancy discovered during later analysis.]
[(4) Facilities that receive hazardous waste imported from
a foreign source must mail a copy of the manifest for the imposed
hazardous waste to the following address within 0 days of delivery
international Cmpiance Assrane Divisie O OFLOECA 254
United States Environmental Protection Agency Ariel Rios Building
41200 Pennsylvania A ... N Washington DG 20460. Manifests
that only document the shipm ent f imposed lass 4 waste do not
need to be sent to the International Compliance Offfice ]
[(e) The guidelines for rejecting waste ae as fe4ows
[(4) Uponejectingwasteor identifying container esidiue
that exceeds the quantfty limits for "'empty containers set foh in 40
GFR 261.7(b), the facility must consult with the generator prior to
forwarding the waste to another facility that can manage the waste ]
t(A) If itt s impossible to l-t n a alternative faie4ity
that an receive the waste, the facility may return the rejeQted waste
or residue to the generator The facility must send the waste to the
alternative e iity *rto the generator within 60 days f the rejection or
the container residue identification.]
{(B) While the facility is making arrangements for forr-
warding rejected wastes or residues to another facility under this see-
it must ensure that either the delivering transporer retains custody
of the waste, r the facility must provide for secure, temporary c s-
tody f the wast pending delivery f the waste to the frst transporter
designated on the manifest prepared under paragraph (2) or (-3) of this
subseetionA
2) Except as provided in subsection e 3P of this sectie r
for full or partial load rejctions and residues that are to be sent off-site
to an alternate facility the facility is required to prepare a new manifest
as set in 3354-0 of this title.
1(3) For full ltoad rejections that are made while the trans-
porter remains present at the facili, the facility may forward the re-
jected shipment to the alternate facility .
(4) ~xcept as provided in paragraph (5) of this subseei
for rejected wastes and residues that must be sent back to the general
the facility is required to prepare a new manifest in cordance with
}335.! f this title](5) For full load rejections that are made while the trans-
porerremains at the facility the facility may return the shipment to the
generator with the original manifest designating the generator as the al-
ternate facility The facility must retain a copy for its records then give
the renmining copies of the manifest to the transpoaer to accompany
the shipment. If the original manifest is not used, then the facility must
use a new manifest
1(6) If a facility rejets a waste r identifies a container
residue that exceeds the quanty limits for "emp" containers et forth
in 40 R 264-7(, after it has signed dated; and returned a copy of
the manifest to the delivering transpoer r to the generator the facility
must amend its copy of the manifest to indicate the rejected wastes or
residues in the discrepancy space of the amended manifest. The facil-
ity must also copy the manifest tracking number of the new manifest to
the discrepancy space of the amendedmanifest and must re-sign and
date the manifest to ceify to the information as amended. The facility
must retain the amended manifest for at least three years from the date
of amendment, and must awithn 3 days send a copy of the amended
manifest to the transpoer and generator that received pies prior to
the amendments.j
335.13. Recordkeeping and Reporting Procedures Applicable to
Generators Shipping Hazardous Waste or Class 1 Waste and Primary
Exporters of Hazardous Waste.
(a) Unregistered generators who ship hazardous waste or Class
1 waste shall prepare a complete and correct Waste Shipment Summary
(Si) from the manifests.
(b) Unregistered generators or out-of-state primary exporters
who export hazardous waste from or through Texas to a foreign country,
shall prepare a complete and correct Waste Shipment Summary (S1)
from the manifests.
(c) Registered generators or out-of-state primary exporters
who import hazardous or Class 1 waste from a foreign country through
Texas to another state shall prepare a complete and correct Foreign
Waste Shipment Summary (F 1) from the manifests.
(d) The Waste Shipment Summary (S 1) and the Foreign Waste
Shipment Summary (Fl) shall be prepared in a form provided or ap-
proved by the executive director and submitted to the executive director
on or before the 25th of each month for shipments originating during
the previous month. The unregistered generator or in-state/out-of-state
primary exporter must keep a copy of each summary for a period of at
least three years from the due date of the summary. These generators
are required to prepare and submit a Waste Shipment Summary (S1)
and/or Foreign Waste Shipment Summary (Fl) only for those months
in which shipments are actually made. Conditionally exempt small
quantity generators shipping municipal hazardous waste are not sub-
ject to the requirements of this subsection.
(e) The following figure is a graphic representation illustrating
generator, waste type, shipment type, and report method.
Figure: 30 TAC 335.13(e) (No change.)
(f) A registered generator is defined as an in-state generator
who has complied with 335.6 of this title (relating to Notification Re-
quirements), and is assigned a solid waste registration number.
(g) An unregistered generator is defined as an in-state genera-
tor who is not a conditionally exempt small quantity generator, as de-
fined in 335.78 of this title (relating to Special Requirements for Haz-
ardous Waste Generated by Conditionally Exempt Small Quantity Gen-
erators), that ships hazardous waste and/or Class I waste using a tem-
porary solid waste registration number and a temporary Texas waste
code number assigned by the executive director.
(h) A primary exporter/importer is defined as:37 TexReg 7920 October 5, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/106/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.