Proposed Sections 
 Before an agency may permanently adopt a new or amended section, or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before any action may be taken. The 30-day time period 
gives interested persons an opportunity to review and make oral or written 
comments on the section. Also, in the case of substantive sections, a public 
hearing must be granted if requested by at least 25 persons, a governmental 
subdivision or agency, or an association having at least 25 members. 
 Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of bold text. [Brackets] indicate deletion of existing 
material within a section. 
 
   
  TITLE 16. ECONOMIC REGULATION 
 Part III. Texas Alcoholic Beverage Commission 
  Chapter 55. Bingo Regulations 
  
  Bingo Regulation and Tax 
 
  16 TAC sec.55.550 
 
  The Texas Alcoholic Beverage Commission proposes an amendment to sec.55. 550, 
concerning bingo reports. The amendment amends subsections (b), (c), and (f) to 
change the reporting period for and the payment of the bingo gross receipts tax 
and the bingo prize fee from monthly to semi-monthly, and specifies an effective 
date of October 16, 1992-May 31, 1993. 
 Don Walden, attorney, has determined that for the first five-year period the 
section is in effect there will be fiscal implications for state and local 
government as a result of enforcing or administering the section. This 
determination is based upon an assumption that the existing taxpayer base would 
not change whether or not this proposed amendment is adopted. This assumption 
and the resulting estimates are disputed and therefore subject to revision 
either way if public comment or other input demonstrates that revision is 
warranted. 
 For the state government for the first year, the estimated additional costs are 
$41,500, the estimated reduction in costs is $0, and the estimated loss in 
revenue is $5,333,333.33. For each of the following four years, the estimated 
costs are $0, the estimated reduction in costs is $0, and the estimated loss in 
revenue is $0. 
 For local governments, for each of the first five years there are no estimated 
additional costs and no estimated reduction in costs. For the first year the 
estimated loss in revenue is $2,133,333.33. For each of the following four years 
the estimated loss in revenue is $0. 
 Mr. Walden also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be increased money available to licensed organizations for 
charitable purposes. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed. 
 Comments on the proposal may be submitted to Jeannene Fox, Director, Bingo 
Division, P.O. Box 13127, Austin, Texas 78711, (512) 465-4924. 
 The amendment is proposed under Texas Civil Statutes, Article 179d, sec.16 (a) 
and sec.23(e), which provide the commission with the authority to adopt rules 
relating to the enforcement and administration of the Bingo Enabling Act. 
 
 
  sec.55.550. Bingo Reports. 
 
  (a) (No change.) 
   
  (b)  <nl>Semi-monthly<ol> [Monthly] bingo gross receipts tax reports. 
 
  (1)  An authorized organization holding an annual license, temporary license, 
or temporary authorization to conduct bingo must file on a form provided by the 
commission a <nl>semi-monthly <ol> [monthly] report for bingo gross receipts 
taxes. The report must be filed with the commission, must be accompanied by any 
tax due, and must be filed on or before  <nl>the 25th day of the month for the 
first 15 days of the month and on or before<ol> the <nl>10th<ol> [25th] day of 
the following month <nl>for the remainder of the month<ol>, even if there were 
no gross receipts or gross receipts subject to tax for the <nl>report period<ol> 
[month]. 
   
  (2)-(3) (No change.) 
     
  (c) <nl>Semi-monthly<ol> [Monthly] reports for fee on prizes. 
   
  (l) An authorized organization holding an annual license, temporary license, 
or temporary authorization to conduct bingo must file on a form provided by the 
Texas Alcoholic Beverage Commission a <nl>semi-monthly<ol> [monthly] report for 
the fees on bingo prizes. The report must be filed with the commission, must be 
accompanied by any fees due, and must be filed on or before <nl>the 25th day of 
the month for the first 15 days of the month and on or before <ol> the 
<nl>10th<ol> [25th] day of the following month <nl>for the remainder of the 
month<ol>, even if there were no prizes awarded during the <nl>report period<ol> 
[month]. 
 
  (2) (No change.) 
     
  (d)-(e) (No change.) 
   
  (f) Effective date. This <nl>amendment<ol> [rule, as amended,] is effective 
<nl>October 16 <ol> [March 1], 1992<nl>, and shall expire on May 31, 1993. 
 
  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 7, 1992. 
 TRD-9210859 
  Joe Darnall 
 General Counsel 
 Texas Alcoholic Beverage Commission 
    Earliest possible date of adoption: September 18, 1992 
 For further information, please call: (512) 465-4904 
         
                   
  TITLE 22. EXAMINING BOARDS 
 Part XXIX. Texas Board of Professional Land Surveying 
  Chapter 661. General Rules of Procedures and Practices 
  
  Applications, Examinations, and Licensing 
 
  22 TAC sec.661.50 
 
  The Texas Board of Professional Land Surveying proposes new sec.661.50, 
concerning experience requirements for surveying interns (formerly referred to 
as surveyors-in-training). This section defines experience requirements for 
surveying interns. The section is proposed to define what a surveying intern 
must do to become a registered professional land surveyor. 
 Sandy Smith, executive director, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. 
 Ms. Smith also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that mandatory experience requirements will give the surveyor 
intern a better learning background to draw upon as a practicing registered 
professional land surveyor, thus providing the public a better surveying 
product. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the section as 
proposed. 
 Comments on the proposal may be submitted to Sandy Smith, Executive Director, 
7701 North Lamar Boulevard, Suite 400, Austin, Texas 78752. Written public 
comment is invited for 30 days from the date of this Register. 
 The new section is proposed under Texas Civil Statutes, Article 5282c, sec.9, 
which provide the Texas Board of Professional Land Surveying with the authority 
to make and enforce all reasonable and necessary rules, regulations, and bylaws 
not inconsistent with the Texas Constitution, the laws of this state, and this 
Act. 
 
 
  sec.661.50. Surveyor Intern (SIT) Experience Requirements.  The following 
rules are to be used in evaluating the two years of experience required for the 
surveyor in training, hereinafter referred to as survey intern (SI), under the 
direct supervision of a designated registered professional land surveyor (RPLS) 
acceptable to the board. 
 
  (1) All experience must be obtained under the direction and guidance of a 
registered profession land surveyor designated by the SI. The board will be 
notified in writing of the name or names of the designated RPLS prior to the 
beginning of the internship. If during the internship the designated RPLS 
changes, the SI must notify the board that a new RPLS has been designated by the 
SI and the date of change. 
   
  (2) The TWO years of experience are to be obtained in the area of boundary 
surveying and boundary determination only. This MINIMUM of two years begins with 
the date of notification of the successful completion of the National Council of 
Examiners for Engineering and Surveying (NCEES) fundamentals of land surveying 
portion of the examination. Since only boundary related surveying experience 
will be accepted, the actual time to complete the internship may take longer 
than two calendar years. 
   
  (3) The required experience is divided into TWO possible types of experience 
which are as follows. 
 
  (A) Office experience: (one-year minimum). The required office experience will 
consist of at least three months of acceptable experience within each of the 
following categories, herein referred to as "acceptable office experience" for a 
MINIMUM of ONE year: 
 
  (i) research of county records and records search; 
   
  (ii) legal principles, boundary reconciliation, and deed sketches; 
   
  (iii) computations/traverse accuracy analysis; 
   
  (iv) documentation/description/monumentation/preparing final surveys. A 
detailed outline of the SI's required experience will be furnished to the board 
by the SI. All two years of the experience requirement may be obtained as office 
experience. 
     
  (B) Field experience. The remaining acceptable experience, if not within the 
previously listed office experience categories, must be within the categories 
following: 
 
  (i) field accuracies and tolerances; 
   
  (ii) field traverse notes; 
   
  (iii) monument search based on deed sketches. 
       
  (4) The SI is solely responsible for the documentation necessary to verify the 
acceptable completion of the required experience. The board will furnish a form 
which will be completed by the SI and signed by both the SI and the designated 
RPLS for verification. This form will require the SI to describe the specific 
experience that he or she has obtained during the internship within the 
categories listed in paragraph (3)(A) of this section. In addition, the SI is to 
keep a log of the boundary surveying projects and the specific experience 
obtained for each project. 
   
  (5) The SI must notify the designated RPLS in writing that the SI will be 
using the RPLS for verification of the required experience. 
   
  (6) The designated RPLS will agree in writing to the board to provide the 
required experience for the SI and to provide the required supervision and 
experience verification. 
   
  (7) The designated RPLS will conduct periodic reviews of the SI's performance 
so that any problems with the required experience can be corrected prior to 
completion of the time period. 
   
  (8) Only ONE RPLS is required to be designated for the two-year period if all 
the experience is obtained under that RPLS. Additional RPLS's will not be 
required unless the direct supervision of the SI changes during the period or 
the SI is under several RPLS's supervision. 
   
  (9) The SI's experience requirements listed previously will be required for 
all the SIs who pass the NCEES fundamentals of land surveying portion of the 
examination on or after January 1, 1993. 
 
  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 10, 1992. 
 TRD-9210986 
  Sandy Smith 
 Executive Director 
 Texas Board of Professional Land Surveying 
    Earliest possible date of adoption: September 18, 1992 
 For further information, please call: (512) 452-9427 
         
                   
  TITLE 31. NATURAL RESOURCES AND CONSERVATION 
 Part IX. Texas Water Commission 
  Chapter 335. Industrial Solid Waste and Municipal Hazardous Waste 
  
  Subchapter A. Industrial Solid Waste and Municipal Hazardous Waste Management 
in General 
 
  31 TAC sec.sec.335.1, 335.6, 335.9, 335.10 
 
  The Texas Water Commission proposes amendments to sec. s335.1, 335.6, 335.9, 
and 335.10, the repeal of sec.335.62, new 33562, and new sec.sec.335.501-
335.515, concerning industrial solid waste and municipal hazardous waste 
management in general, standards applicable to generators of hazardous waste, 
and waste classification. This subchapter will provide rules for classifying 
wastes which are generated, transported, or stored in the state. The new 
classification system's primary impact will be to allow generators to classify 
their own wastes without any need for prior approval by the commission, allow 
generators to assign waste codes without any action on the part of the 
commission, and more clearly define the criteria for classifying waste. 
 The new rules are written under authority of the Texas Solid Waste Disposal 
Act, Texas Health and Safety Code, Chapter 361 et seq (Vernon Pamphlet 1992) 
(Act). Today's proposed rules were prompted by two concerns. First, the length 
of time necessary to obtain waste classifications and waste codes is excessive. 
The system in use today, which requires that a chemist from the Waste Evaluation 
Section assign a waste classification and waste code to all wastes, has been in 
place for 15 years. In the early years, this system worked well because of the 
smaller number of regulated generators requiring waste classification and the 
general unfamiliarity of the regulated community with the rules. However, as the 
number of regulated generators has grown, and the generators themselves have 
become more familiar with solid waste regulatory requirements, a new, more 
efficient system is necessary. 
 Currently, a generator must submit a request for waste classification via a 
letter of request or on official commission forms that require the generator's 
determination as to the hazardous nature of the waste and the generator's 
proposed waste classification. The generator must then wait for a chemist from 
the Waste Evaluation Section to respond with an appropriate waste classification 
and code. The current lead time for this information is six to nine months. The 
delay time is entirely a result of the limited budget and staffing of the 
commission, with less than 10 chemists responsible for classifying the waste 
generated by approximately 20,000 registered generators plus an unknown number 
of unregistered generators in the state. The new rules will allow generators to 
classify and assign a waste code to their own wastes, thereby allowing shipment 
and disposal of wastes without the delay time. 
 The second reason for the new rules is to define the classification standards. 
Currently, a waste's classification is determined by the commission's chemists. 
The new rules will establish an entirely objective set of standards that may be 
applied by anyone, including the commission, to arrive at a waste 
classification. Health-based figures are used in establishing the new standards. 
These criteria are related to the toxicity figures used in the federal 
regulations for hazardous wastes and the federal drinking water standards. The 
criteria are included in an appendix to the rules which will be updated as 
required. 
 Waste classification is required for industrial solid wastes so that the proper 
management and disposal standards may be established based on threats or 
potential threats to human health or the environment. Although the Environmental 
Protection Agency (EPA) provides standards for the management and disposal of 
hazardous solid wastes under the Resource Conservation and Recovery Act of 1976, 
as amended (RCRA), the individual states regulate nonhazardous solid wastes. The 
purpose of today's rules is to set standards which determine handling 
requirements for industrial solid wastes managed in Texas. 
 The identification of a waste by class is important to everyone in the state. 
It is important to the generator, transporter, storer, and disposer because it 
determines the applicable compliance regulations. For example, persons handling 
Hazardous or Class 1 wastes must notify the commission of their waste 
transportation activities, must manifest all waste when shipped, must maintain 
records on waste disposition, etc., whereas these requirements don't apply to 
persons handling a Class 2 or Class 3 waste. On the other hand, the mere 
generation of an industrial solid waste will result in some regulatory 
oversight, and some requirements are common to all industrial solid waste 
managed in the state regardless of the classification. For example, all 
generators must notify the commission of the generation of industrial solid 
waste, and all solid wastes must be deed recorded prior to disposal on the 
ground. 
 Waste identification is also important to emergency response personnel and to 
the public in general because the waste class provides some indication of the 
hazard involved in an emergency situation. Hazardous and Class 1 wastes by 
definition involve materials which are either toxic, ignitable, corrosive, or 
reactive, and extra precautions should be taken when dealing with these 
materials. 
 Finally, waste identification is necessary to determine the applicable disposal 
restrictions for the waste. Hazardous and Class 1 wastes must be treated or 
disposed only in facilities permitted by the commission for these types of 
waste. Class 2 and Class 3 wastes may be disposed in any Class 1 facility as 
well as in many municipal solid waste facilities. In addition, Class 3 wastes 
may be used for fill materials if the object of the fill is to make the land 
suitable for the construction of surface improvements. 
 Section 335.1 is amended to clarify and add definitions pertinent to the new 
waste classification system. The Roman numeral designations for Class I, Class 
II, and Class III have been changed to their Arabic equivalents Class 1, Class 
2, and Class 3 in order to accommodate computer systems which will be used by 
the commission, the regulated community, and various public interest groups to 
manage and track wastes in the state. None of the other subchapters using the 
old roman numeral designations will be updated at this time since it would 
require an unnecessarily large volume of nonsubstantive rule amendments. 
 A definition for hazardous substance is added since this term is used in 
classifying some special wastes in sec.335.508. A hazardous substance is defined 
as a material identified as such under the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA). 
 The definition of solid waste is amended to clarify the materials which are 
exempt from the definition of solid waste if they are used as fill materials for 
surface improvements. This definition has been difficult to apply in practice 
since some of its terms are indistinct. The proposed revision does not modify 
the class of materials which are exempt, but instead helps define when the 
exemption actually applies. Although implied in the existing definition, the 
revision first clarifies that only materials which are uncontaminated qualify 
for the exemption. The revised definition then concentrates on man-made 
materials since they are of more concern than natural materials. Man-made 
materials will be exempted only if deposited at sites where activities 
demonstrate that surface construction is actually anticipated. If the land where 
man-made materials have been deposited is sold or otherwise conveyed prior to 
the construction of surface improvements, then the disposal must be deed 
recorded. This requirement simply puts prospective buyers on notice that 
something other than naturally occurring materials have been deposited or buried 
on the site. 
 Section 335.6 is amended to facilitate changes in the new waste coding system. 
Consistent with the intent of the self-implementing waste classification rules, 
generators may now assign their own waste codes as well. Generators must use 
forms and procedures provided by the commission, and must maintain records of 
changes in waste composition and must update this information with the 
commission within 90 days of the change. The requirement to maintain records is 
necessary so that the commission may establish that notification has been 
accomplished within the 90-day period. This will clarify situations where a 
facility is inspected within 90 days of a process change, but the generator has 
not yet notified the commission of the change. The added provision that all 
notifications be updated by the end of the year is necessary to satisfy the 
generator annual reporting requirements. 
 Section 335.9 is amended to require records on process changes as discussed in 
sec.335.6 previously. 
 Section 335.10 is amended to show that the generator and not the state is 
responsible for assigning waste codes. Also, the default classification code 
used by conditionally exempt small quantity generators of municipal hazardous 
waste has been omitted to accommodate the new waste code system. 
 Section 335.62 is the existing requirement for generators to perform a 
hazardous waste determination. This rule is being repealed and relocated to new 
Subchapter R in sec.335.504 so that all of the waste classification requirements 
may be found in one location. A new sec.335.62 will be adopted which simply 
states that all generators must perform a hazardous waste determination and 
classify nonhazardous waste as required under Subchapter R. 
 Section 335.501 sets out the purpose and scope of the waste classification 
subchapter, specifically noting that no prior approval is required for 
generators to classify their own waste or to assign waste codes. Generators 
remain subject to other rules requiring the generator to notify the commission 
of waste activities and to submit documentation supporting the designated waste 
classification. 
 Section 335.502 provides the time schedule for generators to comply with the 
new notification procedures and classification standards. All new wastes 
generated or otherwise requiring a waste classification after the adoption of 
this new subchapter shall be classified according to these new provisions. Any 
generator who currently has a waste classification request pending with the 
commission has a choice of either withdrawing their request and classifying 
their own waste, or the generator may allow the commission to classify the waste 
according to the new rules. The commission will classify the waste as it works 
through its remaining backlog of classification requests. 
 All existing classes of wastes must be reclassified pursuant to the new 
standards and the updated notification information provided to the commission by 
January 1, 1993, for hazardous wastes and July 1, 1994, for Classes 1, 2, and 3. 
The updated information is required because of the hazards involved in 
attempting to regulate materials which may have been classified under two 
different standards. As mentioned earlier, various entities rely on wastes being 
appropriately classified, and the reclassification requirement will result in 
consistency of classifications across the state. Generators of Class 1 wastes 
may choose to reclassify their wastes according to the new standards, but they 
may also simply designate the waste as Class 1 and provide the updated 
notification information to the commission. The nonhazardous waste compliance 
date of July 1, 1994, was selected to allow the regulated community time to 
reclassify its waste, and to allow disposal facilities time to assess the needs 
resulting from shifting of waste class volumes generated due to implementation 
of the rules. A separate compliance date for hazardous waste notification was 
required because of the commission's need to comply with new EPA hazardous waste 
reporting requirements. Since today's rules do not at all affect the 
classification of hazardous wastes, the regulated community does not have to 
reclassify its hazardous wastes, but only provide updated notification 
information by January 1, 1993. 
 The following is a summary of the time schedule for implementation of the waste 
classification rules: Effective date of rules adoption-all new waste streams and 
existing unclassified waste streams must be classified according to the newly 
adopted rules in Subchapter R; January 1, 1993-all hazardous waste stream 
notifications updated; July 1, 1994-all nonhazardous waste stream notifications 
updated; October 1, 1994-commission makes notice in Texas Register<ol> 
concerning rules implementation; January 1, 1995-rules fully implemented. 
 Section 335.503 requires that all waste generated, stored, or transported in 
the state be classified according to these rules. Each industrial solid waste 
shall be specifically designated as one of four distinct classes of wastes, 
namely: Hazardous; Class 1; Class 2; or, Class 3. The Texas Solid Waste Disposal 
Act (Act) defines two classes of waste, those being "Class I industrial solid 
waste" and "Class I nonhazardous industrial solid waste." All industrial 
hazardous waste is included in the category of Class I industrial solid waste. 
These terms have caused confusion in the regulated community, and today's rules 
attempt to clarify waste classifications without changing the substantive 
definition and without conflicting with the Act. A "Class I industrial solid 
waste" as defined in the Act will only include hazardous wastes under the rules 
and will therefore be simply referred to as a "Hazardous" class of waste. A 
"Hazardous" waste has the same meaning under the Texas and federal rules, and 
includes industrial and municipal hazardous wastes. A "Class I nonhazardous 
industrial solid waste" as defined in the Act includes only nonhazardous 
industrial waste materials that meet the Class 1 criteria proposed in today's 
rules, and will be simply referred to as "Class 1. " 
 The rule requires that a hazardous waste determination be performed on all 
waste, and, if the waste is determined to be nonhazardous, the waste be 
classified as either Class 1, Class 2, or Class 3. The rule further states that 
the three methods which may be used to classify a waste are: the waste 
classification criteria provided later in the rules; the use of process 
knowledge; or as required under specific waste designations provided in the 
rules. 
 Section 335.504 is old sec.335.62 relocated to this subchapter. This was done 
so that all of the waste classification criteria is organized in one location in 
the industrial solid waste rules. Old sec.335.62 now simply states that 
generators must classify their waste according to this subchapter. New 
sec.335.504 is identical to sec.335.62 with the exception that the provisions 
for using process knowledge must comply with the new rule defining process 
knowledge. 
 Section 335.505 defines a Class 1 waste. A waste satisfying any of five 
distinct requirements will result in a Class 1 designation. First, a 
nonhazardous waste is Class 1 if it contains levels of specific constituents 
which equal or exceed the threshold values provided in Table I of Appendix I of 
the new rules. This table is designed specifically for Class 1 wastes, but is 
essentially an expansion of the EPA's toxicity characteristic leaching procedure 
(TCLP) list. Table I consists of constituents listed in Title 40 of the Code of 
Federal Regulations, (CFR) Part 264, Appendix IX, Ground-water Monitoring List. 
All the constituents listed have an EPA method by which they may be analyzed, 
although a generator may utilize any TWC-approved method which can measure 
levels down to the EPA calculated health-based (or risk-based) number. These 
numbers, except for lead and arsenic, were taken from the July 27, 1990, Federal 
Register, <ol> Appendix A (Examples of Concentrations meeting criteria for 
Action Levels), and Appendix C (Range of Concentrations for Establishing Media 
Protection Standards for Carcinogens). The value for lead was obtained from the 
June 7, 1991, Federal Register and replaces 0.05 mg/1 as the new primary 
drinking water standard. The value for arsenic was taken from water quality 
criteria published in EPA's database Integrated Risk Information System (IRIS), 
which provides risk assessment and regulatory information on chemical 
substances. Where media-specific values are given, the maximum value for water 
was utilized. 
 The maximum leachable concentrations listed in Table I were calculated by EPA 
for systemic toxic and carcinogenic effects in humans. The water concentration 
is based on daily consumption of contaminated water. All the values were 
multiplied by a dilution/attenuation factor of 100. This is a standard factor 
derived by EPA for estimating the decrease in constituent concentration that 
occurs as constituents are transported in ground water over a specified distance 
from the disposal unit to the point of exposure (i.e., drinking water well). In 
establishing its TCLP criteria, EPA assumed that wastes buried in a landfill 
become available to the environment when they leach from the constraints of the 
landfill and migrate through ground water toward drinking water. By the time the 
waste reaches drinking water, it is an average of 100 times less concentrated, 
therefore, the allowable levels are established using a 100-fold 
dilution/attenuation factor. 
 Second, a nonhazardous industrial solid waste is Class 1 if it is Class 1 
ignitable. The term "Class 1 ignitable" was chosen in recognition of the fact 
that the characteristic of ignitability is the same as the hazardous waste 
characteristic, but to distinguish the more stringent classification criteria 
being applied in Texas for Class 1 waste. A waste is Class 1 ignitable if it is 
a liquid and has a flash point greater than or equal to 60.0 Degree Celsius (140 
Degree Fahrenheit) (hazardous waste has a flashpoint less than 140 Degree 
Fahrenheit) but less than or equal to 65.6 Degree Celsius (150 Degree 
Fahrenheit). This level recognizes that materials which don't meet the federal 
hazardous criteria still may pose a substantial fire or explosion threat during 
normal conditions of storage, transport, and disposal. This level of 150 Degree 
Fahrenheit is from the definition of flammable liquids found at 16 Code of 
Federal Regulations (CFR) 1500.3. Class 1 ignitable wastes also include the 
solid materials listed in Table 2 of Appendix I. These materials are from 49 
CFR, Part 173, Subpart E, "Flammable Solids, Oxidizers, and Organic Peroxides; 
Definitions and Preparation." Oxidizers and peroxides were not included because 
they are already covered under the federal rules 40 CFR 261.21(4). 
 Third, a nonhazardous industrial waste is Class 1 if it is Class 1 corrosive. 
The choice of "Class 1 Corrosive" terminology follows the same logic as 
explained previously for ignitable materials. The major distinction between a 
corrosive hazardous waste and a Texas Class 1 corrosive waste is that the 
hazardous standard only measures the corrosivity of aqueous solid wastes, 
whereas the Texas rules measures the corrosivity of solid and semi-solid solid 
wastes. A waste is Class 1 corrosive if it is a semi-solid or solid which, when 
mixed at a 1:1 ratio with water produces a solution with a pH less than or equal 
to two, or greater than or equal to 12.5. 
 Fourth, a waste is Class 1 if there is insufficient information (either process 
knowledge or analytical data) which shows it is Class 2 or Class 3. This 
provision ensures that sufficient knowledge exists concerning a waste before it 
can be classified at a less stringently regulated level. Consistent with the 
commission's goals and objectives, wastes will continue to be classified in the 
most protective manner, unless knowledge and/or data demonstrates that a less 
conservative classification (Class 2 or 3) is applicable. 
 Fifth, a waste is Class 1 if it is identified as Class 1 in sec.335.508 which 
classifies specific waste materials. 
 Sixth, a waste is Class 1 if a generator chooses to classify it as Class 1. The 
generator may have any reason, e.g., personal concern for the environment, lack 
of understanding or unwillingness to test the waste, absence of available 
information on the waste, etc., for classifying a waste as Class 1. Provided it 
is not a hazardous waste, any waste may be managed as Class 1 without any data 
or knowledge to support that classification. 
 Section 335.506 defines a Class 2 waste. This definition remains essentially 
unchanged from the existing Class 2 definition. This class of waste is defined 
in the negative in that waste which does not present the potential threat of a 
Class 1 waste, but is not totally innocuous and inert as required for a Class 3 
waste, is a Class 2 waste. This classification allows this group of wastes to be 
regulated at an appropriate level, i.e., without required manifesting or 
reporting, and without taking up valuable storage and disposal capacity 
necessary to properly manage Class 1 waste, but also preventing the waste from 
being managed and disposed in a manner which may cause an environmental or 
health threat. Certain wastes have been specifically identified as Class 2 under 
sec.335.508. 
 Section 335.507 defines a Class 3 waste. The intent here is to allow a waste to 
be designated as Class 3 only if it poses no threat of harm to human health or 
the environment, and is inert and insoluble. Examples of Class 3 wastes are 
cement, bricks, and uncontaminated soil. Class 3 wastes, like Class 2 wastes, do 
not have to be manifested or reported, and in addition Class 3 wastes can be 
disposed of on-site with no protective landfill design, and can be used for 
surface improvements of the ground. 
 To demonstrate that a waste is Class 3, a generator must either have documented 
process knowledge that the waste has not been contaminated with any toxic 
constituents, or must analyze the waste and demonstrate that the leachate does 
not contain Table 1 constituents or exceed primary drinking water standards or 
total dissolved solids from secondary standards. 
 Section 335.508 defines the classification for specific industrial wastes. This 
section is intended to address specific waste materials which are not 
appropriately addressed by the general rule. This includes wastes which should 
be classified more strictly because the general rule doesn't adequately address 
known environmental or health threats, and wastes which are classified too 
restrictively and don't take into account either mitigating circumstances or 
specific rules or legislation which addresses the waste. 
 Industrial wastes containing friable asbestos will be classified as a Class 1 
waste. Federal standards were used to set the allowable asbestos levels. This 
Class 1 designation only applies to industrial waste and obviously does not 
include municipal asbestos waste, i.e. waste from schools, office buildings, 
hospitals, etc. 
 Empty containers present a special problem to a regulatory waste classification 
scheme because of the variety of materials held in containers. The rule takes a 
simple approach to classifying the waste by requiring the empty container to be 
classified according to the materials held in the container and to any treatment 
provided to the empty container. A container which has held a hazardous 
substance, a hazardous waste, or a Class 1 waste is classified as a Class 1 
waste, but may be classified as a Class 2 waste if it has been emptied and 
cleaned as described in the rule. Hazardous Substance has been defined in 
sec.335.1 of the rules. A container which has held a Class 2 waste is classified 
as a Class 2 waste. Aerosol cans may be classified as Class 2 if they've been 
properly emptied. Although not stated, any waste may be classified as a Class 3 
waste if it can meet the stringent requirements of a Class 3 determination. 
 Paper, cardboard, food wastes, and general plant trash will be designated 
"plant refuse" and classified as Class 2 waste. Plant refuse may not include 
oils, lubricants, oil filters, contaminated soils, sludges, wastewaters, or any 
other waste which should be subjected to the Class 1 criteria. Some generators 
may benefit from the additional provision allowing any Class 2 waste to be 
designated as plant refuse as long as the total volume of the additional waste 
does not exceed 20% of the total plant refuse volume. This allows generators to 
dispose of relatively small volumes of Class 2 wastes without requiring the 
wastes to be handled and disposed of separately. 
 Waste containing greater than or equal to 50 ppm polychlorinated biphenyls 
(PCBs) will be classified as Class 1. This value is consistent with the level 
recognized under the Toxic Substances Control Act (TSCA), 40 CFR, Part 761, and 
is based on the fact that PCBs have an extremely low solubility. A waste with a 
PCB value less than 50 ppm may be considered for Class 2 or Class 3 
classification provided it meets all the criteria for that classification. 
 Wastes containing greater than 1,500 ppm total petroleum hydrocarbons (TPH) 
will be classified as Class 1 wastes. This level is based on the maximum 
allowable wastewater discharge of 15 mg/1 TPH in Texas. As explained under 
sec.335.505, this value is multiplied by 100 to obtain the appropriate level for 
landfill disposal of 1,500 ppm. (Note that petroleum wastes resulting from the 
cleanup of leaking underground storage tanks (USTs) are regulated under 31 TAC 
Chapter 334 Subchapter K). 
 Wastes generated by the mechanical shredding of automobiles and appliances 
(also known as "shredder fluff") will be handled according to the provisions of 
the Texas Solid Waste Disposal Act, Texas Health and Safety Code,  361.019 
(Vernon Pamphlet 1992), which states that this waste can continue to be disposed 
of in municipal landfills. 
 Wastes generated as a result of production of a "new chemical substance" as 
defined by TSCA, 15 United States Code Annotated, sec.2602, will be classified 
as Class 1, unless the generator can demonstrate that it is a Class 2 or 3, and 
provided that the commission concurs. The generator also must provide all 
documentation listed in sec.335.512(b) and (c) for the commission's review. 
 Finally, all out-of-state waste will be classified as either Hazardous or Class 
1. The reasons for this are twofold. First, out-of-state generators are not 
subject to the same inspection, record review, and enforcement provisions as are 
all in-state waste generators, and so the state has less control over the waste 
classes being assigned. The environmentally conservative approach is to manage 
the out-of-state nonhazardous wastes in the most protective manner. Second, 
Texas uses the waste manifest as the mechanism for tracking the volume of wastes 
shipped to the state for use in landfill capacity assurance planning. Since 
waste manifests are only required for hazardous and Class 1 nonhazardous wastes, 
a separate system would have to be developed to track the other classes of 
nonhazardous waste shipped to the state. A separate system would be burdensome 
and expensive for dealing with these materials. 
 Section 335.509 explains the waste analysis requirements. Generators who choose 
to classify their waste by analysis must use either SW-846, EPA-600, or ASTM 
Standard Methods. If the generator has developed an alternate method which 
produces equivalent results, the additional information must be submitted 
(outlined in the rule) on the alternate method for commission approval. 
 Section 335.510 explains what types of sampling documentation a generator needs 
to maintain on-site. If a generator has used analytical data to classify Class 2 
or Class 3 wastes, the basic information which would enable another person to 
collect a similar sample of that waste must be maintained on site. The sampling 
information required follows quality assurance guidelines and demonstrates that 
a given sample was collected and preserved properly before analysis. 
 Section 335.511 allows the use of process knowledge when classifying waste. 
This provision recognizes that often a generator possesses sufficient 
information to classify a waste from existing knowledge about the production 
process. Process knowledge has long been accepted for classifying hazardous 
waste, however, the rules have not contained a definition of what constitutes 
process knowledge. Under today's rule, process knowledge is defined to mean that 
the generator knows the chemical composition of the raw materials entering the 
process, has a chemical description of the waste generated, and that using this 
information the generator can determine that the waste constituents do not 
exceed the levels for the desired waste classification. The generator may use 
any source which provides the necessary information including material safety 
data sheets, manufacturers' literature, etc. The generator need only evaluate 
the waste levels for waste constituents which are likely to be present based on 
the raw material and waste description. 
 Section 335.512 states that the executive director may review a generator's 
waste classification at any time, either for cause or by random audit, to 
establish quality control. The executive director may reclassify a waste based 
on the generator's misinterpretation of the waste criteria or if extenuating 
circumstances warrant a more restrictive classification. The rule also provides 
a process for appealing the executive director's classification of a waste. 
 Section 335.513 outlines the documentation requirements for generators under 
the waste classification criteria. The requirements are broadly divided into 
information which must be submitted to the commission and information which must 
be maintained at the generation site. Information submitted to the commission is 
required to identify the types and quantities of waste generated at the facility 
in order for the commission to accomplish its regulatory functions and to allow 
the commission to maintain data necessary for public access and routine 
reporting to EPA. The rule also requires all information used to classify a 
Class 3 waste be submitted to the commission for review. This is necessary 
because of the minimal waste management requirements imposed on a Class 3 waste 
and the need for the commission to ensure that only wastes which satisfy the 
stringent requirements are granted this classification. 
 A generator is required to maintain on-site all information which is used to 
classify other wastes. This information should be available so that an inspector 
may quickly review data which was used to classify the waste. In addition, the 
executive director may require a generator to submit to the commission all 
classification criteria on any waste at any time. These requests may be for 
cause, or may be at random to audit the generators classification system and to 
establish the quality assurance of the waste classification system. Any change 
affecting the waste information must also be submitted to the commission. 
 Section 335.514 allows a generator to request a variance relating to the time 
for compliance with any classification requirements, the application and 
appropriateness of a particular waste classification, and any other matter which 
requires special attention. The generator has the burden of demonstrating the 
need for a variance, submitting the necessary documentation, and highlighting 
and addressing any risks or adverse consequences which may result from granting 
the variance. A generator may appeal an unfavorable decision by the staff to the 
executive director and may ultimately request a hearing before the commission. 
 Section 335.315 recognizes that misclassification of a waste is a violation of 
commission rules and may result in enforcement action. To provide for 
consequences less than full enforcement would simply invite inattention to the 
rules at best, and abuse of the system at worst. As already required by the 
Texas Solid Waste Disposal Act, sec.361.252, the commission will consider 
circumstances which would mitigate the generator's culpability in classification 
enforcement actions. 
 The commission is requesting comments on the wording, application, impact, or 
other aspects of the proposed rules. In addition, specific comments from 
generators relating to the types and volumes of waste reclassified as a result 
of the adoption of these rules will assist in capacity assurance planning 
currently underway at the commission. 
 Ms. Norma J. Nance, director of budget, planning, and evaluation, has 
determined that for the first five-year period the sections are in effect there 
will be fiscal implications as a result of enforcing or administrating the 
sections. There will be no net effect on state government. The adoption of these 
sections will result in a decrease in certain costs associated with the 
classification of industrial solid wastes. These amendments, however, will 
enable the commission to reallocate resources to more critical areas of need, 
specifically audits of waste classification information and reductions in work 
backlogs which currently approach six-nine months. There are no effects 
anticipated for local governments, except those which are generators of 
industrial solid waste, in which case the effects would be equal to those for 
any other similar generator. 
 These sections will have fiscal implications for generators of industrial solid 
waste. The effect of these amendments will be to authorize generators of 
industrial solid waste and hazardous waste to classify wastes they generate 
based on specific criteria defined by the commission. These sections will also 
establish revised criteria for what constitutes certain classes of waste. The 
effect on some generators will be an increase in costs to perform analyses to 
support classification of waste streams. The costs of analysis may range up to 
$1,300 for an individual waste stream to evaluate all potential constituents of 
concern. The costs to any generator would vary with the number of waste streams 
that had to be analyzed. This cost is a worst-case estimate of the costs of 
analysis as it presumes that the generator completes a comprehensive laboratory 
analysis and applies no knowledge of process or other information which could 
significantly mitigate the costs required to demonstrate waste composition. This 
change is anticipated to result in significant benefits for generators of 
industrial solid waste by way of reducing time lost waiting for waste 
classification determinations. This effect will reduce the time required for 
clean up and remedial activities, operating costs, and costs of waste storage. 
 These amendments will potentially result in changes in the classification of 
certain waste streams, such as Class 1 to Class 2 or Class 2 to Class 1. Such 
changes will have additional effects in that treatment, storage, and disposal 
costs will vary with the class of waste and applicable regulatory requirements. 
Costs could increase or decrease depending on the specific waste stream in 
question and the related waste management options which are available. It is the 
intent and effect of these sections that a detailed assessment of the results of 
changes to the waste classification system will be conducted by the commission 
prior to enforcing any required changes in waste management requirements 
resulting from the reclassification of industrial solid wastes. Under this 
proposal, full compliance with applicable regulations would be required as of 
January 1, 1995. 
 No later than October 1, 1994, the commission will publish notice of the 
assessment of impact of these rules and the intent to either enforce the January 
1, 1995, effective date or a later date as justified by the assessment of 
impact. These sections are anticipated to have essentially the same effects on 
small businesses and larger businesses alike, as a function of the number of 
waste streams subject to these rules. 
 Ms. Nance also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be: more efficient operation of commission industrial solid 
waste regulatory programs; more efficient and timely management and disposal of 
industrial solid wastes; and improvement in the waste classification system and 
the characterization and management of industrial solid wastes based on risk- 
and health-related factors. There is no anticipated economic cost to persons who 
are required to comply with the sections as proposed. 
 Comments on the proposal may be submitted to Erich Birch, Senior Attorney, 
Texas Water Commission, P. O. Box 13087, Austin, Texas 78711-3087. Comments will 
be accepted until 5 p.m. for a period of 30 days following the date of this 
publication. In addition, one public meeting for receiving comments has been set 
for Tuesday, September 3, at 9 a.m. in Room 103 of the William B. Travis State 
Office Building in Austin. 
 The amendments are proposed under the Texas Water Code,  s5.103 and sec.26. 
011, which provides the commission with authority to adopt any rules necessary 
to carry out its powers, duties, and policies and to protect water quality in 
the state. The sections are also proposed under the Texas Solid Waste Disposal 
Act, Texas Health and Safety Code, Chapter 361, sec.361.017 (Vernon Pamphlet 
1992), which provides the commission the authority to regulate industrial solid 
wastes and hazardous municipal wastes and all other powers necessary or 
convenient to carry out its responsibilities. 
 
 
  sec.335.1. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly requires 
otherwise. 
   
  <nl>   Class 1 wastes <ol> [Class I wastes]-Any industrial solid waste or 
mixture of industrial solid wastes which because of its concentration, or 
physical or chemical characteristics, is toxic, corrosive, flammable, a strong 
sensitizer or irritant, a generator of sudden pressure by decomposition, heat, 
or other means, and may pose a substantial present or potential danger to human 
health or the environment when improperly processed, stored, transported, or 
disposed of or otherwise managed,  <nl>as further defined in sec.335.505 of this 
title (relating to Class 1 Waste Determination)<ol> [including hazardous 
industrial waste].  <nl>Class 1 waste is also referred to throughout this 
chapter as Class I waste. 
   
  <nl>   Class 2 wastes <ol> [Class II wastes]-Any individual solid waste or 
combination of industrial solid waste which cannot be described as 
<nl>Hazardous, Class 1 or Class 3 <ol> [Class I or Class III] as defined in  
<nl>sec.335.506 of this title (relating to Class 2 Waste Determination)<ol> 
[this regulation]. <nl>Class 2 waste is also referred to throughout this chapter 
as Class II waste. 
   
  <nl>   Class 3 wastes <ol> [Class III wastes]-Inert and essentially insoluble 
industrial solid waste, usually including, but not limited to, materials such as 
rock, brick, glass, dirt, and certain plastics and rubber, etc., that are not 
readily decomposable<nl>, as further defined in sec.335.507 of this title 
(relating to Class 3 Waste Determination). Class 3 waste is also referred to 
throughout this chapter as Class III waste. 
   
   Hazardous substance -Any substance designated as a hazardous substance under 
the Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), 40 Code of Federal Regulations, Part 302. 
   
   Solid waste- 
 
  (A) Any garbage, refuse, sludge from a waste treatment plant, water supply 
treatment plant, or air pollution control facility, and other discarded 
material, including solid, liquid, semisolid, or contained gaseous material 
resulting from industrial, municipal, commercial, mining, and agricultural 
operations, and from community and institutional activities, but does not 
include: 
 
  (i) (No change.) 
   
  (ii)<nl> <nl>uncontaminated <ol>soil, dirt, rock, sand, and other natural or 
man-made inert solid materials used to fill land <ol>if the object of the fill 
is to make the land suitable for the construction of surface improvements.<nl> 
Man-made materials exempted under this provision shall only be deposited at 
sites where the construction is in progress or imminent such that rights to the 
land are secured and engineering, architectural, or other necessary planning 
have been initiated. Any land which has been used to dispose of man-made inert 
materials under this provision shall be deed recorded, including the information 
required under sec.335.5(a) of this title (relating to Deed Recordation), prior 
to sale or other conveyance of the property; or 
   
  (iii)-(iv) (No change.) 
     
  (B)-(I) (No change.) 
 
     
  sec.335.6. Notification Requirements. 
 
  (a)-(b) (No change.) 
   
  (c) Any person who generates municipal hazardous waste in quantities greater 
than or equal to 1,000 kilograms in a calendar month or quantities of acute 
municipal hazardous waste in excess of quantities specified in sec.335.78 of 
this title (relating to Special Requirements for Hazardous Waste Generated by 
Conditionally Exempt Small Quantity Generators) in a calendar month or any 
quantities of industrial solid waste shall notify the executive director of such 
activity on forms furnished or approved by the executive director. Such person 
shall also submit to the executive director upon request such information as may 
reasonably be required to enable the executive director to determine whether the 
storage, processing, or disposal is compliant with the terms of this chapter. 
Notifications submitted pursuant to this section shall be in addition to 
information provided in any permit applications required by sec.335.2 of this 
title (relating to Permit Required), or any reports required by sec.335.9 of 
this title (relating to Recordkeeping and Annual Reporting Procedures Applicable 
to Generators), sec.335.10 of this title (relating to Shipping and Reporting 
Procedures Applicable to Generators of Hazardous Waste or Class I Waste and 
Primary Exporters of Hazardous Waste), and sec.335.13 of this title (relating to 
Recordkeeping and Reporting Procedures Applicable to Generators of Hazardous 
Waste or Class I Waste and Primary Exporters of Hazardous Waste). Any person who 
notifies pursuant to this subsection shall have the continuing obligation to 
immediately <nl>document and within 90 days<ol> provide written notice to the 
executive director of any changes or additional information, to that reported 
previously. If waste is recycled on-site or managed pursuant to sec.335.2(d) of 
this title, the generator must also comply with the notification requirements 
specified in subsection (h) of this section. The information submitted pursuant 
to the notification <nl>requirements of this subchapter and to the additional 
requirements of sec.335.503 of this title (relating to Waste Classification and 
Waste Coding Required)<ol> shall include, but is not limited to: 
 
  (1)-(5) (No change.) 
 
  
       
  (d) Persons generating more than 100 kilograms but less than 1,000 kilograms 
of hazardous municipal waste in any given calendar month shall notify the 
executive director of such activity on forms provided by the executive director. 
Such person shall also submit to the executive director upon request such 
information as may be reasonably required to enable the executive director to 
determine whether the storage, processing, or disposal of such waste is 
compliant with the terms of these sections. Notifications submitted pursuant to 
this section shall be in addition to any information provided on any permit 
application required by  s335.2 of this title, or any reports required by 
sec.335.9 of this title, sec.335.10 of this title, and sec.335.13 of this title. 
<nl>Any person who notifies pursuant to this subsection shall have the 
continuing obligation to immediately document and within 90 days provide written 
notice to the executive director of any changes or additional information, to 
that reported previously. 
   
  (e)-(h) (No change.) 
 
     
  sec.335.9. Recordkeeping and Annual Reporting Procedures Applicable to 
Generators. 
 
  (a) Except with regard to nonhazardous recyclable materials regulated pursuant 
to sec.335.24(h) of this title (relating to Requirements for Recyclable 
Materials and Nonhazardous Recyclable Materials), each generator of hazardous 
waste or industrial solid waste shall comply with the following. 
 
  (1) The generator shall keep records of all hazardous waste and industrial 
solid waste activities regarding the quantities generated, stored, processed, 
and disposed of on-site or shipped off-site for storage, processing, or disposal 
and which, at a minimum, includes the information described in subparagraphs 
(A)-(G) of this paragraph. These records may be maintained in any format 
provided they are retrievable and easy to copy. The required records must be 
sufficiently detailed and complete to support any contentions or claims made by 
the generator with respect to: 
 
  (A) the description, character, and classification of each waste<nl>, and any 
changes and additional information required under sec.335.6(c) and (d) of this 
title (relating to Notification Requirements); 
   
  (B)-(G) (No change.) 
     
  (2)-(4) (No change.) 
     
  (b) (No change.) 
 
     
  sec.335.10. Shipping and Reporting Procedures Applicable to Generators of 
Hazardous Waste or Class I Waste and Primary Exporters of Hazardous Waste. 
 
  (a) (No change.) 
   
  (b) The manifest shall contain the following information. 
 
  (1)-(21) (No change.) 
   
  (22) The manifest shall contain the Texas Water commission waste 
classification code assigned to the waste by the <nl>generator <ol> [state. 
Conditionally exempt small quantity generators of municipal hazardous waste who 
on any single shipment transport or offer for transport a total of less than 
1,000 kilograms of hazardous waste may, provided a specific waste classification 
code has not been previously assigned for the waste being shipped, enter in Item 
I of the manifest as an appropriate Texas Water Commission waste classification 
code, the number 990000. Conditionally exempt small quantity generators of 
municipal hazardous waste must, if they choose to use the general waste 
classification code 990000, also enter in Item 15 of the manifest the words, 
"Generator qualifies as a CESQG"]. 
   
  (23)-(24) (No change.) 
     
  (c)-(h) (No change.) 
 
  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 12, 1992. 
 TRD-9210994 
  Mary Ruth Holder 
 Director, Legal Division 
 Texas Water Commission 
    Earliest possible date of adoption: September 18, 1992 
 For further information, please call: (512) 463-8069 
         
             
  Subchapter C. Standard Applicable to Generators of Hazardous Waste 
 
  31 TAC sec.335.62 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Water 
Commission or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The repeal is proposed under the Texas Water Code, sec.5.103 and sec.26.011, 
which provides the commission with authority to adopt any rules necessary to 
carry out its powers, duties, and policies and to protect water quality in the 
state. The sections are also proposed under the Texas Solid Waste Disposal Act,  
s361.017 which provides the commission the authority to regulate industrial 
solid wastes and hazardous municipal wastes and all other powers necessary or 
convenient to carry out its responsibilities. 
 
 
  sec.335.62. Hazardous Waste Determination. 
 
  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 12, 1992. 
 TRD-9210993 
  Mary Ruth Holder 
 Director, Legal Division 
 Texas Water Commission 
    Earliest possible date of adoption: September 18, 1992 
 For further information, please call: (512) 463-8069 
         
       
  The new section is proposed under the Texas Water Code,  s5.103 and 
sec.26.011, which provides the commission with authority to adopt any rules 
necessary to carry out its powers, duties, and policies and to protect water 
quality in the state. The sections are also proposed under the Texas Solid Waste 
Disposal Act, sec.361.017, which provides the commission the authority to 
regulate industrial solid wastes and hazardous municipal wastes and all other 
powers necessary or convenient to carry out its responsibilities. 
 
 
  sec.335.62. Hazardous Waste Determination and Waste Classification.  A person 
who generates a solid waste must determine if that waste is hazardous pursuant 
to sec.335.504 of this title (relating to Hazardous Waste Determination) and 
must classify any nonhazardous waste under the provisions of Subchapter R of 
this chapter (relating to Waste Classification). 
 
  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 12, 1992. 
 TRD-9210992 
  Mary Ruth Holder 
 Director, Legal Division 
 Texas Water Commission 
    Earliest possible date of adoption: September 18, 1992 
 For further information, please call: (512) 463-8069 
         
           
  Subchapter R. Waste Classification 
 
  31 TAC sec.sec.335.501-335.515 
 
  The new sections are proposed under the Texas Water Code, sec.5.103 and 
sec.26.011, which provides the commission with authority to adopt any rules 
necessary to carry out its powers, duties, and policies and to protect water 
quality in the state. The sections are also proposed under the Texas Solid Waste 
Disposal Act, sec.361.017, which provides the commission the authority to 
regulate industrial solid wastes and hazardous municipal wastes and all other 
powers necessary or convenient to carry out its responsibilities. 
 
 
  sec.335.501. Purpose, Scope, and Applicability. All persons who generate 
industrial solid waste or municipal hazardous waste shall comply with the 
provisions of this subchapter. Generators shall classify their own waste 
according to the standards set forth in this subchapter without any prior 
approval or communication with the commission other than notification of waste 
generation activities pursuant to sec.335.6 of this title (relating to 
Notification Requirements) and submittal of required documentation pursuant 
sec.335.512 of this title (relating to Documentation Required). This subchapter 
will: 
 
  (1) provide a procedure and time schedule for implementation of a new Texas 
waste notification system; and 
   
  (2) establish standards for classification of industrial solid waste and 
municipal Hazardous waste managed in Texas. 
 
     
  sec.335.502. Conversion to New Waste Notification and Classification System. 
 
  (a) These rules relating to waste classification are effective immediately 
upon adoption, and shall be implemented as defined in subsections (b)-(g) of 
this section, which are summarized as follows: 
   
  
  (1) effective date of rules adoption-after this date all waste classifications 
involving new wastestreams and existing unclassified waste streams shall be 
classified according to the requirements of this subchapter; 
   
  (2) January 1, 1993-completion deadline for updating all hazardous waste 
stream notifications; 
   
  (3) July 1, 1994-completion deadline for updating all nonhazardous waste 
stream notifications; 
   
  (4) October 1, 1994-deadline for commission to provide notice in Texas 
Register<ol> concerning final implementation of rules; 
   
  (5) January 1, 1995-rules fully implemented. All waste must be managed 
according to the classification assigned under this subchapter; 
     
  (b) Waste notification information as required under sec.335.6 of this title 
(relating to Notification Requirements) and waste codes required under 
sec.335.10(b) of this title (relating to Shipping and Reporting Procedures 
Applicable to Generators of Hazardous Waste or Class I Waste and Primary 
Exporters of Hazardous Waste) shall be provided and assigned by the generator. 
 
  (1) All waste notification information provided to the commission after the 
effective date of this subchapter shall be provided in a format defined by the 
commission. 
   
  (2) All existing waste notification information on file with the commission 
shall be updated to the new format by the generator according to the following 
schedule: 
 
  (A) all hazardous waste: January 1, 1993; and 
   
  (B) all nonhazardous industrial solid waste: July 1, 1994. 
     
  (3) All waste notification information may be submitted by paper or electronic 
means. 
   
  (4) Forms and format information for submitting notice of registration 
information by paper or electronic means may be obtained by contacting the 
commission at the address listed in Appendix 2 of this subchapter. 
     
  (b) All industrial solid waste managed in the state shall be classified by the 
generator according to the provisions of this subchapter. 
 
  (1) After the effective date of this subchapter, all new waste streams and 
waste streams not previously classified shall be classified and managed pursuant 
to the provisions of this subchapter. 
   
  (2) All generators that have existing waste streams classified as Class 1, 
Class 2, or Class 3 under any previous system are required to reevaluate the 
waste under the provisions of this subchapter and to submit the updated 
information to the commission pursuant to subsection (b) of this section. 
However, generators of waste classified under a previous waste classification 
system may continue to manage and dispose of that waste under the existing 
classification until the effective management date provided in subsection (d) of 
this section. 
     
  (d) The effective date for management of wastes under these rules is January 
1, 1995. After this date all solid waste generated or otherwise handled in the 
state shall be classified and accordingly managed pursuant to this subchapter. 
This effective date may be revised by subsection (e) of this section. 
   
  (e) No later than October 1, 1994, the commission shall assess the impact of 
the implementation of these rules. The commission shall evaluate waste capacity 
issues, costs to the regulated community and the state, personnel and staffing 
levels of the commission, and review the applicability of the rules themselves. 
The commission may use information from any source necessary to assess the 
impact. Based on this evaluation, by October 1, 1994, the commission shall give 
public notice in the Texas Register <ol>that either: 
 
  (1) these waste classification requirements take full force and effect on 
January 1, 1995; or 
   
  (2) implementation of these waste classification requirements shall be 
delayed. If implementation is delayed, the commission shall provide a revised 
implementation date and give additional information as necessary to guide the 
regulated community until the revised effective date. 
     
  (f) If the commission fails to give public notice in the Texas Register<ol> as 
required in subsection (e) of this section, these rules take full force and 
effect on January 1, 1995, unless the commission undertakes rule writing to 
delay the effective date. 
   
  (g) After the effective management date of these rules as provided in 
subsection (e) of this section, future reclassification of a waste may be 
required due to changes in classification criteria. A generator whose waste 
stream is reclassified to a higher waste classification after the effective 
management date of this subchapter as provided in subsection (e) of this section 
must reclassify the waste and begin managing the waste according to the more 
stringent classification requirements within 180 days of the adoption of the 
rule amendment or other change in classification criteria which caused the 
reclassification. In situations where this creates an unusual hardship a 
generator may request a different implementation time under the variance 
provisions of sec.335.514 of this title (relating to Variance from Waste 
Classification Provisions). 
 
     
  sec.335.503. Waste Classification and Waste Coding Required. 
 
  (a)  All industrial solid waste generated, stored, processed, transported, or 
disposed of in the state shall be classified according to the provisions of this 
subchapter. 
 
  (1) All solid waste shall be classified upon generation of the waste. A 
generator may not dilute a waste to avoid a Class 1 classification; however, 
combining waste streams for subsequent legitimate processing, storage, or 
disposal does not constitute dilution and is acceptable. Wastes shall be 
classified prior to, and following any type of dilution, processing, or mixing 
of the waste. 
   
  (2) All industrial solid waste shall be classified as either: 
 
  (A) hazardous; 
   
  (B)  Class 1; 
   
  (C) Class 2; or 
   
  (D) Class 3. 
     
  (3) A person who generates a solid waste shall first determine if that waste 
is hazardous pursuant to sec.335.504 of this title (relating to Hazardous Waste 
Determination). 
   
  (4) After making the hazardous waste determination as required in paragraph 
(3) of this subsection, if the waste is determined to be nonhazardous, the 
generator shall then classify the waste as Class 1, Class 2, or Class 3, 
pursuant to sec. s335.505-335.507 of this title (relating to Class 1 Waste 
Determination, Class 2 Waste Determination, and Class 3 Waste Determination) 
using one or more of the following methods: 
 
  (A) use the criteria for waste classification as provided in sec.sec.335.504-
335.507 of this title (relating to Waste Classification); 
   
  (B) use process knowledge as provided in sec.335.510 of this title (relating 
to Use of Process Knowledge); 
   
  (C) classify the waste as directed under sec.335.508 of this title (relating 
to Classification of Specific Industrial Wastes); or 
   
  (D) choose to classify a nonhazardous waste as Class 1 without any analysis to 
support that classification. However, documentation (analytical data and/or 
process knowledge) is necessary to classify a waste as Class 2 or Class 3, 
pursuant to sec.335.513 of this title (relating to Documentation Required). 
       
  (b) All industrial solid waste and municipal hazardous waste generated, 
stored, processed, transported or disposed of in the state after the effective 
date of these rules shall be coded with a seven-digit waste code number which 
shall include a three-digit waste sequence number, a three-digit form code, and 
a one-digit classification (either H, 1, 2, or 3). Form codes are provided in 
Appendix 3 of this subchapter. Procedures for assigning waste form code numbers 
are available from the commission at the address and phone number listed in 
Appendix 2 of this subchapter. 
 
     
  sec.335.504. Hazardous Waste Determination. A person who generates a solid 
waste must determine if that waste is hazardous using the following method: 
 
  (1) first determine if the waste is listed as a hazardous waste in 40 Code of 
Federal Regulations Part 261, Subpart D; 
   
  (2) if the waste is not listed as a hazardous waste in 40 Code of Federal 
Regulations Part 261, Subpart D, then determine whether the waste exhibits a 
characteristic of a hazardous waste as identified in 40 Code of Federal 
Regulations Part 261, Subpart C, by either: 
 
  (A) testing the waste according to methods set forth in 40 Code of Federal 
Regulations Part 261, Subpart C, or according to an equivalent method approved 
by the administrator under 40 Code of Federal Regulations sec.260.21; or 
   
  (B)  applying knowledge of the hazardous characteristic of the waste in light 
of the materials or process used, pursuant to sec.335.511 of this title 
(relating to Use of Process Knowledge). 
 
       
  sec.335.505. Class 1 Waste Determination. An industrial solid waste is a Class 
1 waste if: 
 
  (1) it contains specific constituents which equal or exceed the levels listed 
in Appendix 1 of this subchapter as determined by the methods outlined in this 
section. A nonhazardous waste is a Class 1 waste if, using the test methods 
described in 40 Code of Federal Regulations Part 261 Appendix II, or equivalent 
methods approved by the executive director under the procedures set forth in 
sec.335.509 of this title (relating to Waste Analysis), the extract from a 
representative sample of the waste contains any of the contaminants listed in 
Appendix 1 at a concentration equal to or greater than the maximum concentration 
given in that table. Information on representative samples is set forth in 
sec.335.509 of this title (relating to Waste Analysis). Where matrix 
interferences of the waste cause the Practical Quantitation Limit (PQL) of the 
specific analysis to be greater than the Maximum Concentration listed in 
Appendix 1, then the achievable PQL becomes the Maximum Concentration, provided 
that the generator satisfactorily demonstrates to the executive director that 
lower levels of quantitation of a sample are not possible. A satisfactory 
demonstration includes the results from the analysis of the waste for that 
specific analyte by a laboratory utilizing an appropriate EPA SW-846, EPA-600, 
"Standard Methods for the Examination of Water and Wastewater", or ASTM Standard 
Methods, or an equivalent method approved by the executive director under 
procedures set forth in sec.335.509 of this title (relating to Waste Analysis); 
   
  (2)  it is Class 1 ignitable. A nonhazardous waste is Class 1 ignitable if a 
representative sample of the waste has any of the following properties: 
 
  (A) it is liquid and has a flash point greater than or equal to 60.0 Degree 
Celsius (140 Degree Fahrenheit), but less than or equal to 65.6 Degree Celsius 
(150 Degree Fahrenheit), as determined by a Pensky-Martens Closed Cup Tester, 
using the test method specified in ASTM Standard D-93-79 or D-93-80, or a 
Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-
3278-78 or as determined by an equivalent test method approved by the executive 
director under procedures set forth in sec.335.509 of this title (relating to 
Waste Analysis); or 
   
  (B) it is a physical solid or semi-solid under which conditions normally 
incident to storage, transportation, and disposal is liable to cause fires 
through friction, retained heat from manufacturing or processing, or which can 
be ignited readily, and when ignited burns so vigorously and persistently as to 
create a serious hazard. Included in this class are spontaneously combustible 
and water-reactive materials, including, but not necessarily limited to, the 
substances listed in Table 2 of Appendix 1; 
     
  (3) it is Class 1 corrosive. A nonhazardous waste is Class 1 corrosive if a 
representative sample of the waste is a semi-solid or solid which, when mixed 
with an equivalent weight of ASTM Type II laboratory distilled or deionized 
water, produces a solution having a pH less than or equal to 2 or greater than 
or equal to 12.5. Solidified, stabilized, encapsulated, or otherwise chemically-
bound wastes are not subject to this requirement provided the waste is 
solidified such that when a representative sample of the waste is subjected to 
the paint filter test (SW-846 Method 9095) it exhibits no free liquids. An 
equivalent method approved by the executive director under procedures set forth 
in sec.335.509 of this title (relating to Waste Analysis) may be utilized; 
   
  (4) there is an absence of analytical data and/or documented process knowledge 
which proves a waste is Class 2 or Class 3; 
   
  (5) it is identified as a Class 1 waste in sec.335. 508 of this title 
(relating to Classification of Specific Industrial Solid Wastes); or 
   
  (6) it is not a hazardous waste pursuant to sec.335.504 of this title 
(relating to Hazardous Waste Determination) and a generator chooses to classify 
the waste as Class 1. 
 
     
  sec.335.506. Class 2 Waste Determination. 
 
  (a) An industrial solid waste is a Class 2 waste if: 
 
  (1) it is not a hazardous waste pursuant to sec.335.504 of this title 
(relating to Hazardous Waste Determination); 
   
  (2) it is not a Class 1 waste pursuant to sec.335.505 of this title (relating 
to Class 1 Waste Determination); and 
   
  (3) it is not a Class 3 waste pursuant to sec.335.507 of this title (relating 
to Class 3 Waste Determination). 
     
  (b) Any waste designated as a Class 2 waste under  s335.508 of this title 
(relating to Classification of Specific Industrial Solid Wastes) is a Class 2 
waste. 
 
     
  sec.335.507. Class 3 Waste Determination. An industrial solid waste is a Class 
3 waste if it is inert and essentially insoluble, and poses no threat to human 
health and/or the environment. Class 3 wastes include, but are not limited to, 
materials such as rock, brick, glass, dirt, and certain plastics and rubber, 
which are not readily decomposable. An industrial solid waste is a Class 3 waste 
if it: 
 
  (1) is not a hazardous waste pursuant to sec.335.504 of this title (relating 
to Hazardous Waste Determination); 
   
  (2) does not meet any of the Class 1 waste criteria set forth in sec.335.505 
of this title (relating to Class 1 Waste Determination); 
   
  (3)  is inert. Inertness refers to chemical inactivity of an element or 
compound, or a waste which exhibits those compounds. Ingredients added to 
mixtures chiefly for bulk and/or weight purposes are normally considered inert; 
and 
   
  (4) is insoluble. 
 
  (A) Insolubility is established: 
 
  (i) when, using the test methods specified in Appendix 4 (7-Day Distilled 
Water Leachate Test), the extract from a representative sample of the waste does 
not leach greater than the maximum contaminant levels, or total dissolved solids 
listed in 40 Code of Federal Regulations Part 141 Subparts B and G; and 
   
  (ii) using the test methods described in 40 Code of Federal Regulations Part 
261, Appendix II, or equivalent methods approved by the executive director under 
the procedures set forth in sec.335.509 of this title (relating to Waste 
Analysis), the extract from a representative sample does not exhibit detectable 
levels of constituents found in Table 1. This excludes the constituents listed 
in 40 Code of Federal Regulations Part 141, Subparts B and G, which were 
addressed in clause (i) of this subparagraph. 
   
  (iii) when using an appropriate test method, a representative sample of the 
waste does not exhibit detectable levels of total petroleum hydrocarbon (TPH). 
Petroleum substance wastes as defined in sec.334.481 of this title (relating to 
Definitions) are not subject to this subsection. 
   
  (iv)  when using an appropriate test method, a representative sample of the 
waste does not exhibit detectable levels of polychlorinated biphenyls (PCB's). 
     
  (B) Subparagraph (A) of this paragraph does not apply if the generator can 
demonstrate that the levels present in the waste are naturally occurring in the 
background of that particular material. This section only applies to naturally 
occurring material, i.e., soil, rock, etc. 
 
       
  sec.35.508. Classification of Specific Industrial Solid Wastes.  The following 
industrial solid wastes shall be classified according to the provisions of this 
section. 
 
  (1) Industrial solid waste containing asbestos material identified as 
Regulated Asbestos Containing Material (RACM), as defined in 40 Code of Federal 
Regulations Part 61, shall be classified as a Class 1 waste. 
   
  (2) Empty containers that will be disposed of, instead of recycled, shall be 
subject to the following criteria. 
 
  (A) A container which has held a hazardous substance, a hazardous waste, or a 
Class 1 waste, and is empty per sec.335.41(f)(2) of this title (relating to 
Purpose, Scope, and Applicability) concerning empty containers: 
 
  (i) shall be classified as a Class 1 waste; or 
   
  (ii) may be classified as a Class 2 waste if: 
 
  (I) it is empty per sec.335.41(f)(2) of this title; and 
   
  (II) the residue has been completely removed either by triple rinsing with a 
solvent capable of removing any waste, by hydroblasting, or by other methods 
which adequately remove the residue. 
       
  (B) A container which has held a Class 2 waste shall be classified as a Class 
2 waste. 
   
  (C) Aerosol cans that have been depleted of their contents, such that the 
inner pressure of the can equals atmospheric pressure, may be classified as 
Class 2 wastes. If, after depleting the can of its contents, it still contains a 
hazardous or Class 1 residue, then the container shall be subjected to the 
criteria listed in sec.335.505 of this title (relating to Class 1 Waste 
Determination). 
     
  (3)  Paper, cardboard, food wastes, and general plant trash shall be subject 
to the following classification criteria. 
 
  (A) Paper and cardboard containers, linings, wrappings, other paper packaging 
materials, absorbants or soils, that are contaminated with hazardous waste or a 
Class 1 waste shall be subjected to the criteria listed in sec.335.505 of this 
title. Containers may be classified as Class 1 or 2 under the provisions of 
paragraph (2)(A) and (B) of this section. 
   
  (B) Paper and cardboard containers, linings, rappings, or other paper 
packaging materials, food wastes, glass, aluminum foil, plastics, styrofoam, and 
other types of food packaging, that are not contaminated with hazardous or Class 
1 wastes, and general office trash shall be classified as Class 2 waste and 
designated "plant refuse." Plant refuse shall not include oils, lubricants of 
any type, oil filters, contaminated soils, sludges, wastewaters, or any waste 
that is subject to the criteria in sec.335.505 of this title. 
   
  (C) Any Class 2 waste can be designated plant refuse as long as the volume of 
the individual waste does not exceed 20% of the total plant refuse volume. When 
the volume of the individual Class 2 waste exceeds 20% of the total plant refuse 
volume, it must be designated a separate wastestream. 
     
  (4) Wastes containing greater than or equal to 50 parts per million total 
polychlorinated biphenyls (PCBs) shall be classified as Class 1. 
   
  (5) Petroleum hydrocarbon wastes containing greater than 1,500 parts per 
million total petroleum hydrocarbon (TPH) shall be classified as Class 1. 
Petroleum wastes resulting from the cleanup of leaking underground storage tanks 
(USTs) and regulated under Chapter 334, Subchapter K of this title (relating to 
Petroleum Substance Waste) are not subject to classification under this section. 
   
  (6) Wastes generated by the mechanical shredding of automobiles, appliances, 
or other items of scrap, used or obsolete metals shall be handled according to 
the provisions set forth in Texas Solid Waste Disposal Act, Health and Safety 
Code, sec.361.019 (Vernon Pamphlet 1992), until the commission develops specific 
standards for the classification of this waste and assures adequate disposal 
capacity. 
   
  (7) If a nonhazardous industrial solid waste is generated as a result of 
commercial production of a "new chemical substance" as defined by the federal 
Toxic Substances Control Act, 15 United State Code Annotated sec.2602(9), the 
generator shall notify the commission prior to the processing or disposal of the 
waste and shall submit documentation requested under sec.335.513(b) and (c) of 
this title (relating to Documentation Required) for commission review. The waste 
shall be managed as a Class 1 waste, unless the generator can provide 
appropriate analytical data and/or process knowledge which demonstrates that the 
waste is Class 2 or Class 3, and the commission concurs. 
   
  (8) All nonhazardous industrial solid waste generated outside the State of 
Texas and transported into or through Texas for processing, storage, or disposal 
shall be classified as Class 1. 
 
     
  sec.335.509. Waste Analysis. 
 
  (a) Generators who use analytical methods to classify their waste must use 
methods described in "Test Methods for the Evaluation of Solid Waste, 
Physical/Chemical Methods," SW-846, "Methods for Chemical Analysis of Water and 
Wastes," EPA-600, "Standard Methods for the Examination of Water and 
Wastewater," or American Society for Testing and Materials (ASTM) Standard 
Methods, or may request in writing that the commission review and approve an 
alternate method. The generator must also choose representative sample(s) of 
their waste, as described in Chapter 9 of SW-846. A generator who proposes to 
use an alternate method must validate the alternate method by demonstrating that 
the method is equal to or superior in accuracy, precision, and sensitivity to 
the corresponding SW-846, EPA-600, Standard Method, or ASTM method. 
   
  (b) The generator proposing an alternate method shall provide the commission 
with the following information: 
 
  (1) a full description of the proposed method including all equipment used; 
   
  (2) a description of the types of wastes and waste matrices analyzed; 
   
  (3) comparative results of the proposed method and the corresponding SW-846 
method; 
   
  (4) a complete assessment of any factors which may interfere with the method; 
and 
   
  (5) a description of the quality control procedures necessary to ensure the 
sensitivity, accuracy, and precision of the proposed method. 
     
  (c) The executive director may request additional information as necessary to 
adequately review the alternate methods proposed by the generator. 
 
     
  sec.335.510. Sampling Documentation. 
 
  (a) Generators who use analytical data to classify their Class 2 and Class 3 
wastes pursuant to sec.335.509 of this title (relating to Waste Analysis) must 
maintain documentation of their sampling procedures. 
   
  (b) The sampling documentation must, at a minimum, include the following: 
 
  (1) dates samples were collected; 
   
  (2) a description of the site or unit from which the sample is taken and 
sampling location(s) at the site unit; 
   
  (3)  methods and equipment utilized; and 
   
  (4) description of sample handling techniques, including containerization, 
preservation, and chain of custody; 
     
  (c) Generators shall document all the information listed in subsection (b) of 
this section, and retain copies on-site for a minimum of five years after waste 
is no longer generated, pursuant to sec.335.513 of this title (relating to 
Documentation Required). 
   
  (d) Generators who have existing sampling documentation, which includes the 
information listed in subsection (b) of this section, do not need to prepare any 
new documentation specifically for this section. 
 
     
  sec.335.511. Use of Process Knowledge. 
 
  (a) Generators may use their existing knowledge about the process to classify 
a waste. Process knowledge must be documented and maintained on site pursuant to 
sec.335.513 of this title (relating to Documentation Required). Material safety 
data sheets, manufacturers' literature, and other documentation generated in 
conjunction with a particular process may be used to classify a waste provided 
that the literature provides sufficient information about the waste and 
addresses the Class 1 criteria set forth in sec.335.505 of this title (relating 
to Class 1 Waste Determination). A generator must be able to demonstrate 
requisite knowledge of his or her process by satisfying all of the following. 
 
  (1)  The generator must have a full description of the process, including a 
list of chemical constituents that enter the process. Constituents listed in 
Appendix 1 of this subchapter must be addressed in this description. 
   
  (2)  The generator must have a full description of the waste, including a list 
of chemical constituents likely to be in the waste. This list should be based on 
paragraph (1) of this subsection. 
   
  (3) The generator may develop a subset of Appendix 1 constituents by which to 
evaluate the waste utilizing the information from paragraphs (1) and (2) of this 
subsection. 
   
  (4)  Documentation of the waste classification must be maintained, and 
provided to the commission if required, pursuant to sec.335.513 of this title. 
     
  (b) If a total analysis of the constituents the generator chooses to evaluate 
demonstrates that individual analytes are not present in the waste, or that they 
are present but at such low concentrations that the appropriate maximum 
leachable concentrations could not possibly be exceeded, the TCLP extraction 
procedure discussed in sec.335.505(1) of this title need not be run. If an 
analysis of any one of the liquid fractions of the TCLP extract indicates that a 
regulated constituent is present at such high concentrations that, even after 
accounting for dilution from the other fractions of the extract, the 
concentration would be equal to or greater than the maximum leachable 
concentration for that constituent, then the waste is Class 1, and it is not 
necessary to analyze the remaining fractions of the extract. 
 
     
  sec.335.512. Executive Director Review. 
 
  (a) The executive director may review the generator's classification of any 
waste to determine if it is appropriately classified. If the executive director 
determines that a waste has been classified incorrectly according to the 
standards set forth in this subchapter, or if the executive director determines 
that extenuating circumstances that may result in threat of harm to human health 
or the environment warrant an upgrading of the classification, the executive 
director may reclassify the waste to the more stringently regulated 
classification. 
   
  (b) A person who feels that the commission staff has inappropriately 
classified a waste may appeal that decision. The person shall file an appeal 
directly with the executive director requesting a review of the waste 
classification. If the person is not satisfied with the decision of the 
executive director, he or she may request an evidentiary hearing to determine 
the appropriateness of the classification, by filing a request for hearing with 
the chief hearings examiner of the Texas Water Commission. 
 
     
  sec.335.513. Documentation Required. 
 
  (a) Documentation on each waste stream is required to be maintained in 
accordance with the requirements of this subchapter. 
   
  (b) The following documentation shall be submitted to the commission within 90 
days of waste generation: 
 
  (1) description of waste; 
   
  (2) Description of process that generated the waste; 
   
  (3) hazardous waste determination; 
   
  (4)  all analytical data and/or process knowledge allowed under sec.335.511 of 
this title (relating to Use of Process Knowledge) used to characterize Class 3 
wastes, including quality control data; and 
   
  (5) waste classification determination. 
     
  (c) The following documentation shall be maintained on site immediately upon 
waste generation and for a minimum of five years after the waste is no longer 
generated: 
 
  (1) all information required under subsection (b) of this section; 
   
  (2) all analytical data and/or process knowledge allowed under sec.335.511 of 
this title used to characterize Class 2 and Class 3 wastes, including quality 
control data. 
     
  (d) The executive director may request that a generator submit all 
documentation listed in subsections (b) and (c) of this section for auditing the 
classification assigned. Documentation requested under this section shall be 
submitted within 10 working days of request receipt. 
   
  (e) Any changes to the information required in subsections (b) and (c) of this 
section shall be maintained or submitted according to the timing requirements of 
this section. 
 
     
  sec.335.514. Variance from Waste Classification Provisions. 
 
  (a)  The executive director may determine on a case-by-case basis the merits 
of the following types of variances: 
 
  (1) compliance with timing requirements under sec.335.502 of this title 
(relating to Conversion to New Waste Notification and Classification System); 
   
  (2) appropriateness of a particular waste classification resulting from 
application of the classification criteria; and 
   
  (3) other matters requiring special attention by the commission. 
     
  (b) The burden of justifying the need for a variance is on the requestor, and 
the requestor must submit information sufficient to clearly indicate the issues 
involved, the reason(s) for the request, and both positive and negative impacts 
that may result from the granting of the variance. 
   
  (c) A person who feels that the executive director has inappropriately denied 
a request for variance may appeal that decision. The person shall file an appeal 
directly with the executive director, requesting a review of the variance. If 
the person is not satisfied with the decision of the executive director, he or 
she may request an evidentiary hearing to determine the appropriateness of the 
variance, by filing a request for hearing with the chief hearings examiner of 
the Texas Water Commission. 
 
     
  sec.335.515. Enforcement. 
 
  (a) It is a violation of commission rules if a waste is not properly 
classified according to the provisions of this subchapter. 
   
  (b) Where violations of this subchapter occur the executive director may 
initiate formal enforcement action and may seek administrative penalties and 
order corrective actions, as prescribed under Chapter 337 of this title 
(relating to Enforcement). 
   
  (c) When establishing corrective actions and penalty amounts involving 
violations of this subchapter, the executive director should consider 
circumstances which mitigate the nature or extent of the violations. 
 
  
   
  
   
  
   
  
   
  
   
  
    
  
   
  
   
  
  
    
  
   
  
   
  
   
  
   
  
   
  
   
  
   
  
         
  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 12, 1992. 
 TRD-9210991 
  Mary Ruth Holder 
 Director, Legal Division 
 Texas Water Commission 
    Earliest possible date of adoption: September 18, 1992 
 For further information, please call: (512) 463-8069 
         
             
  TITLE 34. PUBLIC FINANCE 
 Part IV. Employees Retirement System of Texas 
  Chapter 63. Board of Trustees 
  
  34 TAC sec.sec.63.9, 63.11, 63.13, 63.15 
 
  The Employees Retirement System of Texas proposes new sec. s63.9, 63.11, 63. 
13, and 63.15, concerning electing officers of the board, requirements for a 
quorum, appointment of committees, and conducting board business. The new 
sections are proposed to add procedures to elect officers, appoint committees, 
and transact other business of the board. 
 William S. Nail, general counsel, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
 Mr. Nail also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be to provide for procedures to conduct business of the Board 
of Trustees of the Employees Retirement System of Texas. There will be no effect 
on small businesses. There is no anticipated economic cost to persons who are 
required to comply with the sections as proposed. 
 Comments on the proposal may be submitted to William S. Nail, General Counsel, 
P.O. Box 13207, Austin, Texas 78711-3207. 
 The new sections are proposed under the Texas Government Code, sec.815.102, 
which provides the Employees Retirement System of Texas with the authority to 
promulgate rules necessary to transact any business of the board. 
 
 
  sec.63.9. Officers.  The members of the Board of Trustees shall elect a 
chairman and vice chairman for each fiscal year. The officers shall be elected 
at the last scheduled regular board meeting of a fiscal year and shall take 
office the following September 1. The chairman of the board or the vice 
chairman, in the chairman's absence, will preside at the meetings of the board. 
While presiding, the chairman will direct the order of the meeting, recognize 
persons to be heard, limit time, take other action to clarify issues, and 
preserve order. 
 
   
  sec.63.11. Quorum.  A majority of the members of the board constitute a 
quorum. 
 
   
  sec.63.13. Committees.  The Internal Audit Committee shall be considered a 
standing committee and members shall be appointed by the chairman at the 
beginning of each fiscsal year. The chairman shall designate additional ad hoc 
committees as are necessary to consider various aspects of the board's work. The 
term of an ad hoc committee shall be for the fiscal year in which the ad hoc 
committee is appointed or until the work of the ad hoc committee is completed if 
within the fiscal year. 
 
   
  sec.63.15. Roberts' Rules of Order. Unless required otherwise by law or these 
rules, Roberts' Rules of Order<ol> shall be used in the conduct of business by 
the board. 
 
  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 11, 1992. 
 TRD-9210973 
  Charles D. Travis 
 Executive Director 
 Employees Retirement System of Texas 
    Earliest possible date of adoption: September 18, 1992 
 For further information, please call: (512) 867-3336 
         
               
  TITLE 40. SOCIAL SERVICES AND ASSISTANCE 
 Part I. Texas Department of Human Services 
  Chapter 10. Family Self-Support Services 
  
  Welfare Reform Waiver Project 
 
  40 TAC sec.sec.10.7001-10. 7008 
 
  (Editor's note: The text of the following sections proposed for repeal will 
not be published. The sections may be examined in the offices of the Texas 
Department of Human Services or in the Texas Register office, Room 245, James 
Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The Texas Department of Human Services (DHS) proposes the repeal of 
sec.sec.10.7001-10.7008, concerning the welfare reform waiver project, in its 
Family Self-Support Services chapter. The purpose of the repeal is to delete the 
rules for a project that has been completed. 
 Burton F. Raiford, commissioner, has determined that for the first five-year 
period the repeals will be in effect there will be no fiscal implications for 
state or local governments as a result of enforcing or administering the 
repeals. 
 Mr. Raiford also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of enforcing 
the repeals will be that obsolete rules will not stay in the rule base. There 
will be no effect on small businesses. There is no anticipated economic cost to 
persons who are required to comply with the proposed repeals. 
 Questions about the content of the proposal may be directed to Judy Denton at 
(512) 450-3425 in DHS's Benefit Services Section. Comments on the proposal may 
be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-201, 
Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-
9030, within 30 days of publication in the Texas Register. 
 The repeals are proposed under the Human Resources Code, Title 2, Chapter 22, 
which provides the department with the authority to administer public assistance 
programs. 
 
 
  sec.10.7001. Description. 
 
   
  sec.10.7002. Eligibility for Transitional Benefits. 
 
   
  sec.10.7003. Method for Placing Clients in the Experimental and Control 
Groups. 
 
   
  sec.10.7004. Services Provided to Experimental Group. 
 
   
  sec.10.7005. Services Provided to Control Group. 
 
   
  sec.10.7006. Moving into/out of Regions Participating in Project. 
 
   
  sec.10.7007. Restriction of Services to Control Group. 
 
   
  sec.10.7008. Right to Appeal. 
 
  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 10, 1992. 
 TRD-9210906 
  Nancy Murphy 
 Agency Liaison, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: November 1, 1992 
 For further information, please call: (512) 450-3765