Texas Register, Volume 10, Number 36, Pages 1459-1518, May 10, 1985 Page: 1,487
1459-1518 p. ; 28 cm.View a full description of this periodical.
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duced regulation for wastes that can be
reused, recycled, or reclaimed as long as
the waste is properly repo ted and tracked.
Concerning 325.298(aX2X)B), this exclu-
sion was opposed on the basis that haz-
ardous waste generated by a production
or treatment process is still a hazardous
waste that must be properly managed.
In this subparagraph the department is
not changing current rule. This section
is the same as the federal rule adopted
by the U.S. Environmental Protection
Agency (EPA). The department believes
it should be retained so as not to discour-
age waste treatment. Hazardous waste
that is treated is still regulated if it is haz-
ardous, but only to the extant that it
would have been regulated had it not
been treated. In other words, the waste
is not counted twice when determining
whether 325 293 or 325.298 applies for
that particular waste.
Concerning 325 298(a)(2)(C), this exclu-
sion was opposed on the basis that a
business could avoid the proper manage-
ment and control of hazardous waste by
shipping wastes from month to month to
remain below the total quantity of wastes
that define a small quantity generator.
As explained in the response to the
previous comment:, this language simply
means that stored waste is not counted
twice when making these specific deter-
minations.
Concerning 325.298(e), there, was
general support for the department's pro-
posed regulation of generators of more
than 100 kilograms per month, but the
department was asked to limit and dis-
courage disposal of small quantity waste
at Type I, V, or VII municipal solid waste
sites.
The department believes the extensive
design and operational requirements at
such facilities are adequate to handle
such small quantities.
Concerning 325.298(f), there was general
support for the department's proposed
regulation of generators of less than 100
kilograms per month, but the department
was urged to limit and discourage dis-
posal of small quantity waste at Type I or
V municipal sites unless there is no
technical or economic alternative. If a
determination is made that there is no
alternative, it was recommended the gen-
erator be required to notify the depart-
ment, transporter, and facility operator.
See the department's previous response
to similar comments.
Concerning 325.371(a), while language
in paragraph (1) refers to a subparagraph
(D) there is no such subparagraph pro-
posed.
The department agrees and a correction
has been made by removing reference to
subparagraph (0).Concerning $325.371(a)(3), it was sug-
gested that recycling and reclamation fa-
cilities not be exempted from these rules.
Requirements for recyclers would not be
appropriate in t is section since their ac-
tivities involve much more than storage,
repackaging, ar:J reshipment.
Concerning 325.910, while the use of a
notification form was supported, It was
suggested that the title of the form be
changed to "Small Quantity Hazardous
Waste Notification Form for Genera-
tors/Transporters/Processors-Disposers"
to avoid the implication that this is only
a form for generators.
The department agrees the proposed ti-
tle may be confusing. It has been re-
placed with new language and other sec-
tions hale been reworded to improve
clarity.
Concerning the proposed rules, the de-
partment was urged to allot resources,
funds, and personnel to rigidly enforce
the rules without variances for "mitigating
circumstances:'
The department believes inclusion of
language to this effect in the rules being
adopted is not appropriate.
Concerning below-ground storage, it was
recommended that all current below-
ground storage should be phased out as
rapidly as practical and no new below-
ground storage should be permitted for
any reason.
The department is revising the rules to
allow storage below ground for small
quantity generators until the federal
government issues new requirements on
this subject. Below-ground storage is cur-
rently allowed for those who have gone
through the permit process.
Concerning possible leaks of stored
hazardous materials, the department was
urged to assume there is a leak and act
promptly until it can be proved there is
not a leak.
The department agrees that .ideally all
tank owners/operators should be required
to take pos itive measures to determine
whether ornot tanks they use are leak-
ing. Study is being done concerning the
best way to draft such rules. The federal
government is taking the lead in this mat-
ter. The department at this time is not
prepared to propose such rules, particu-
larly for tanks that hold hazardous mate-
rials rather than hazardous wastes.
Concerning container labeling, it was
recommended that labeling reflect that
the contents are hazardous and include
the nature of the hazard, I e., flammabili-
ty, explosive potential, miscibility with
water, neutralization procedure.
The department disagrees since these
rules are for short-term, on-site ac-
cumulation by the individuals who actual-
ly produce the waste material. Simply
identifying the waste should be sufficientfor these Indivduals. Prior to any offsite
transport, the generator must determine
the appropriate U.S. Department of Trans-
portation information about the material.
These generators will frequently require
assistance from transporters in deter-
mining this information and this is the
major reason the department has de-
cided to not require it to be affixed until
time of shipment.
Concerning disposal, the department
was asked to promote cost-efficient, ef-
fective destruction systems for these
wastes with a goal of prohibiting land
disposal within five years.
Language reflecting the department's
portion on this comment would be more
appropriate in other sections of the rules.
Large generators will be affected by the
new wording In the federal Resource Con-
servation and Recovery Act that requires
certification as to efforts at waste
minimization.
Concerning the location of storage
facilities, It was recommended they be
above the 100-year floodplain and roofed
to keep out rain with surrounding surface
drainage provided.
The department believes that the provi-
sions in 325.340, as they apply to gen-
erator on-site accumulation of waste, pro-
vide sufficient protection.
Concerning 325 298(e)(1)(B), it was re-
commended that this subparagraph be
amended to authorize a qualified re-
cycling-transporter company to use a
special service document rather than the
uniform hazardous waste manifest when
such a document would provide essen-
tially the same information as the
uniform manifest but in a more readily
usable format. The commentor believes
that most of his company's 18,100
customers are small quantity generators
and the department's rule will cause
these generators to use 184,000 mani-
fests per year The commentor feared
most of the burden of educating the com-
pany's customers would fall on his com-
pany and that customers would be
discouraged from using the services of
his company and would he encouraged
to use less environmentally sound dis-
posal practices. The commentor's sug-
gested revision to the proposed language
would allow hazardous waste transported
by a person or facility that beneficially
uses or reuses or legitimately recycles or
reclaims the generator's waste (or tem-
porarily stores the waste in connection
with these activities) to be shipped with
a transporter service document which in-
cludes the generator's name and address;
the DOT description of the waste with the
proper shipping name, hazard class, and
Identification number; number and type
of containers; and name and address of
the facility designated to receive the
waste.
The department believes that federal law
(the Hazardous and S'ld Waste Amend-# Adopted irdes May 14 1985 10 TexReg 1487
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Texas. Secretary of State. Texas Register, Volume 10, Number 36, Pages 1459-1518, May 10, 1985, periodical, May 10, 1985; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243688/m1/30/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.