30 Tex. Admin. Code § 335.11 - Shipping Requirements for Transporters of Hazardous Waste or Class 1 Waste
(a) Incorporation
by reference. The commission adopts by reference 40 Code of Federal Regulations
(CFR) Part 263, Subpart B (Compliance With the Manifest System and
Recordkeeping), as amended through the January 3, 2018 issue of the
Federal Register (83 FR 420).
(b) Hazardous waste transporters. Except as
provided by §
335.10(a)(2)
of this title (relating to Shipping and Reporting Procedures Applicable to
Generators of Hazardous Waste or Class 1 Waste), persons who transport
hazardous waste must comply with:
(1)
subsection (a) of this section;
(2)
§
335.4 of
this title (relating to General Prohibitions);
(3)
§
335.6
of this title (relating to Notification Requirements);
(4)
§
335.10
of this title;
(5)
§
335.14
of this title (relating to Recordkeeping Requirements Applicable to
Transporters of Hazardous Waste or Class 1 Waste); and
(6) Subchapter D of this chapter (relating to
Standards Applicable to Transporters of Hazardous Waste).
(c) Class 1 industrial waste transporters.
Except as provided by §
335.10
of this title, a person who transports Class 1 waste shall comply with
subsection (b)(1) - (5) of this section and the manifesting requirements
adopted under subsection (a) of this section, with the changes and additions in
this subsection.
(1) When only Class 1 waste
is itemized on the manifest, a Texas Commission on Environmental Quality solid
waste registration (SWR) number or a United States Environmental Protection
Agency (EPA) identification number may be used for the generator, transporter,
and designated facility.
(2) When
both hazardous and Class 1 industrial waste are itemized on the same manifest,
an EPA identification number must be used for the generator, transporter, and
designated facility.
(3) A Texas
waste code, instead of an EPA waste code, must identify each Class 1 waste
itemized on the manifest.
(4) The
term "Hazardous waste" is changed to the term "Class 1 waste."
(5) The import and export requirements of
40 CFR §
263.20(a)(2),
(c), and (g) are not applicable to the
transportation of Class 1 waste.
(6) The exclusion from manifesting
requirements for hazardous waste being transported pursuant to a reclamation
agreement under
40 CFR §
263.20(h) is not applicable
to the transportation of Class 1 waste.
(7) In the event of a spill or discharge of
Class 1 waste during transportation, the transporter shall notify the
commission in accordance with Chapter 327 of this title (relating to Spill
Prevention and Control), and Texas Water Code, §
26.039,
and take appropriate immediate action to protect human health and the
environment (e.g., notify local authorities, dike the discharge).
(8) A transporter shall clean up any Class 1
waste spill or discharge that occurs during transportation or take such action
as required in §
327.5
of this title (relating to Actions Required) so that the Class 1 waste
discharge no longer presents a hazard to human health or the
environment.
Notes
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