Texas Register, Volume 45, Number 16, Pages 2459-2596, April 17, 2020 Page: 2,549
2461-2596 p. ; 28 cm.View a full description of this periodical.
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utive director shall be maintained at their designated place of
business.
The commission adopts amended 312.142(e) to include that a
new transporter registration application is required to be submit-
ted within 15 days when there is a change in ownership or exist-
ing operation methods. The commission also adopts amended
312.142(e) to remove the statement that an old registration
number will be voided, and the old registration cancelled and
to also remove the requirement to submit a new registration ap-
plication if the registrant fails to submit an annual report. This
language is removed because it is unnecessary for the purpose
of this rule.
The commission adopts amended 312.142(f) to include that
transporters notify the executive director by letter, within 15 days
after changes to license plate numbers of registered vehicles,
addition of a new vehicle to the fleet, or removal of an existing
vehicle from the fleet; if a transporter plans to haul waste to a lo-
cation not included on the existing registration; or if a transporter
plans to remove a location already included on the existing reg-
istration. These changes will assist the executive director with
tracking transporter vehicles and the locations where wastes are
hauled to.
312.143, Transporters--Delivery Requirement and Full Pump-
out Requirement
The commission adopts amended 312.143(a) to clarify that the
rule pertains to in-state disposal and to remove "(Texas)" since
it is redundant.
The commission adopts 312.143(b) to require transporters that
deposit waste out-of-state to deposit wastes at a facility that has
obtained written authorization to receive waste as required by
the state where the recipient facility is located.
The commission adopts 312.143(c) to require grit traps and
grease traps to be fully evacuated unless the trap volume is
greater than the tank capacity, in which case the transporter must
arrange for the remaining wastes in the trap to be fully evacuated
within 24 hours.
312.144, Transporters--Vehicle and Equipment
The commission adopts amended 312.144(e) to clarify that only
when a vehicle, tank, or container that is used to transport do-
mestic septage to a beneficial use site, and treatment occurs
within the transporter, the transporter will be required to keep
records showing how pathogen and vector attraction reduction
requirements were met. The purpose of clarifying this require-
ment is that there may be situations where septage transporters
haul untreated domestic septage and deposit the waste at a per-
mitted domestic septage processing facility. The domestic sep-
tage processing facility will be required to keep records showing
that the septage meets the requirements of pathogen reduction
requirements listed in 312.82(c) and vector attraction reduction
requirements in 312.83.
312.145, Transporters--Recordkeeping
The commission adopts amended 312.145(a)(2) and (7) to al-
low electronic signatures on trip tickets. This will allow compa-
nies that use electronic driver and dispatch logs to collect elec-
tronic signatures on trip tickets.
The commission adopts amended 312.145(b)(4) to improve
readability and remove redundancy.
312.147, Temporary StorageThe commission adopts 312.147(c) to establish recordkeeping
requirements for temporary storage. The recordkeeping will in-
clude the date, volume, and type of waste deposited into and re-
moved from a temporary storage facility, and information about
the facility where waste removed was deposited. Records will
be required to be retained for five years. The addition of these
recordkeeping requirements will enable the executive director to
verify compliance with the maximum timeframe allowed for tem-
porary storage.
312.149, Out-of-State Transportation
The commission amends the title of 312.149, from "Interstate
Transportation" to "Out-of-State Transportation."
The commission deletes 312.149(b), since not all states regu-
late sludge transportation. The TCEQ does not have the ability
to check the validity of the authorization nor means of enforcing
out-of-state regulations.
Final Regulatory Impact Analysis Determination
The commission reviewed the adopted rulemaking in light of the
regulatory analysis requirements of Texas Government Code,
2001.0225, and determined that the rulemaking is not subject
to Texas Government Code, 2001.0225, because it does not
meet the definition of a "Major environmental rule" as defined
in that statute. Texas Government Code, 2001.0225, applies
to a "Major environmental rule" the result of which is to exceed
standards set by federal law, express requirements of state law,
requirements of a delegation agreements between state and the
federal governments to implement a state and federal program,
or rules adopted solely under the general powers of the agency
instead of under a specific state law.
A "Major environmental rule" is a rule, the specific intent of which
is to protect the environment or reduce risks to human health
from environmental exposure and that may adversely affect in a
material way the economy, a sector of the economy, productiv-
ity, competition, jobs, the environment, or the public health and
safety of the state or a sector or the state. The adopted rule-
making does not adversely affect, in a material way, the econ-
omy, a section of the economy, productivity, competition, jobs,
the environment, or the public health and safety of the state or a
sector of the state. The specific intent of the adopted rulemaking
is to provide clarification for the intent of rule requirements. The
rulemaking will clarify the intent of existing rule requirements, re-
move inconsistencies, and improve readability.
The adopted rulemaking modifies the state rules related to use
and disposal of sewage sludge biosolids, domestic septage, and
water treatment residuals. This will have an impact on the en-
vironment, human health, and/or public health and safety; how-
ever, the adopted rulemaking will not adversely affect the econ-
omy, a sector of the economy, productivity, competition, or jobs
within the state or a sector of the state. Therefore, the commis-
sion concludes that the adopted rulemaking does not meet the
definition of a "Major environmental rule."
Furthermore, even if the adopted rulemaking did meet the
definition of a "Major environmental rule," it is not subject to
Texas Government Code, 2001.0225, because it does not
meet any of the four applicability requirements specified in
Texas Government Code, 2001.0225(a). Texas Government
Code, 2001.0225(a), applies only to a state agency's adoption
of a major environmental rule that: 1) exceeds a standard set
by federal law, unless state law specifically requires the rule;
2) exceeds an express requirement of state law, unless federalADOPTED RULES April 17, 2020 45 TexReg 2549
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Texas. Secretary of State. Texas Register, Volume 45, Number 16, Pages 2459-2596, April 17, 2020, periodical, April 17, 2020; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1289739/m1/91/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.