Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,917
7533-7814 p. ; 28 cm.View a full description of this periodical.
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[onsigned to an off-site solid waste treatment storage or disposal
fa;il.ty within the United States or a primary exporter of hazardous
waste consigned to a foreign country] shall cause, suffer, allow, or
permit the shipment of hazardous waste [or Class I waste] unless he
complies with the requirements of paragraph (1) of this subsection,
and the manifest requirements in 40 Code of Federal Regulations
(CFR) 262.20 - 262.23, 262.27, 262.42, 262.54, 262.55, and 262.60
and the Appendix to 40 CFR Part 262, as these sections are amended
through March 18, 2010 (75 FR 12989).[-]
(1) In addition, generators, owners or operators of treat-
ment, storage, or disposal facilities, and primary exporters shall include
a Texas waste code for each hazardous waste itemized on the manifest.
[for generators of industrial nonhazardous Class I waste in a quantity
greater than 4-0 kilograms per month andlr generators of hazardous
waste sh pin-g hazardous waste which is part of a total quantity of haz-
ardous waste generated in quantities greater than T00 kilgrams in a
calendar month, or quantities of acute hazardous waste in excess of
quantities spei ed in -335+7-8) of this title (relating to S~,eial Re-
quirenents for hazardous Waste Generated by Conditionally Exempt
Small G Quantity generators , 4ho consign that waste to an off-site solid
waste treatment storage or disposal facility in Texas a standard (na-
tionally uiform) Reso te oncs....yer and Reovery Act (..
manifest form (tited States Environmental Protection Ageny (EPA)
Form 87 22 under both R and Department of Transportati on
(D1T1 statutory author tes is prepared;]
(2) No manifest is required for a hazardous waste gener-
ated by a [the generator is either an industrial] generator that generates
less than [400 ki.egrams of nonhazardous Cl ass I waste per month and
less than] the quantity limits of hazardous waste specified in 335.78 of
this title or a municipal generator that generates less than the quantity
limit of hazardous waste specified in 335.78 of this title(relating to
Special Requirements for Hazardous Waste Generated by Condition-
ally Exempt Small Quantity Generators).[]l
(3) For the purposes of the federal hazardous waste mani-
fest requirements incorporated by reference the term, "regional admin-
istrator" is changed to the "executive director" of the Texas Commis-
sion on Environmental Quality or to the commission, consistent with
the organization of the commission as set out in Texas Water Code,
Chapter 5, Subchapter B. [for generators f hazardous waste or Class
-1 waste generated in Texas for ensignment to another state the stan-
dard (nationally uniform) PCRA manifest form (EPA Form 8700-22)
is prepare ess the generator is identified in paragraph- (2) of this
section;]
(4) For the purposes of the federal hazardous waste man-
ifest requirements incorporated by reference, reference to the United
States Environmental Protection Agency (EPA) is changed to the Texas
Commission on Environmental Quality. [for a primary exporter of
hazardous waste for consignment to a foreign country the hazardous
waste is accompanied by a standard (nationally uniform) RA man-
ifest form (EPA Form 870022 and]
{5 a generator designates on the manifest one facility
which is authorized to receive the waste described on the manifest A
generator may also designate one altemate facility which is authorized
to receive the waste in the event an emergency prevents delivery of the
waste to the primary designated facility An altemate facility shall be
identified on the manifest in the item marked "Alternate Facility." If
the transporter is unable to adel erte .waste to the designated facility
or the alternate facii Ithe generator must either designate another
facility or instmet the transporer to return the waste;]
[(6) for shipments of hazardous waste to a designated fa-
cility in an authorized state which has not yet obtained authorization toregulate that particular waste as hazrd o, . sthe generator must assure
that the designated facility agrees to sign and return the manifest to the
generator and that any out-of-state transporter signs and forwards the
manifest to the designated facility
(b) No manifest and no marking in accordance with
335.67(b) of this title (relating to Marking) is required for hazardous
waste transported on a public or private right-of-way within or along
the border of contiguous property under the control of the same person,
even if such contiguous property is divided by a public or private
right-of-way. However, in the event of a hazardous waste discharge
on a public or private right-of-way, the generator or transporter must
comply with the requirements of 335.93 of this title (relating to
Hazardous Waste Discharges). [Generators may obtain the manifest
from any source that is registered with the EPA as a supplier of
manifests A registrant may not print, or have printed the manifest
for use or distribution unless it has reeived approval from the EPA
director ef the Office ef Solid Waste to d so under 40 Gode of Federal
Regulations{GFR)~ 4262-2!]
(c) Except as provided in subsections (d) and (e) of this sec-
tion, persons who generate, transport, process, store, or dispose of
Class 1 waste shall not cause, suffer, allow, or permit the shipment
of Class 1 waste unless the person complies with the manifest require-
ments listed in subsection (a) of this section except for 40 CFR 262.54
and 262.55 with the following changes: [All manifests for hazardous
wastes must be prepared wording to the instructions found in the Ap-
pendix to 40 FR Part 2 and must also contain the Texas Waste
Code for eaeh waste. Manifests for Class 4 wastes must be prepared
according to the instructions found in the Appendix to 40 CF Part
62 (pre-printed on the ack f the Uniform Hazardos Waste Mani-
fest) with the addition of the Texas Waste Codes for each waste When
itemizing flass 4 wasteB the TGEQ solid waste registration numbers
will be used when A identification numbers are not required.]
(1) When Class 1 waste is itemized on the manifest, use the
Texas Commission on Environmental Quality solid waste registration
(SWR) number in place of the EPA identification number and the Texas
waste code in place of the EPA waste code;
(2) When both hazardous and Class 1 waste are itemized
on the same manifest, use EPA identification numbers to identify the
generator, transporter, and receiver;
(3) Use Texas waste codes for each waste itemized on the
manifest;
(4) The term, "regional administrator" is changed to the
"executive director" of the Texas Commission on Environmental Qual-
ity or to the commission, consistent with the organization of the com-
mission as set out in Texas Water Code, Chapter 5, Subchapter B; and
(5) Reference to the EPA is changed to the Texas Commis-
sion on Environmental Quality.
(d) No manifest is required for the shipment of Class 1 waste
where the generator is an industrial generator that generates less than
the quantity limits of Class 1 waste specified in 335.78 of this title or
is a municipal generator that generates less than the quantity limit of
Class 1 waste specified in 335.78 of this title. [At the time -of waste
transfer~ the generator shah]
[(-) -use a mnifes t system that ensures that interstate and
intrastate shipments fhazardous waste are designatedfor delivery
in the ease of intrastate sh;p.. are eliv red to facilities that are
authorized to operate under an approved state program or the federal
program; andPROPOSED RULES October 5, 2012 37 TexReg 7917
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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/m1/103/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.