| (B) Primary exporters of hazardous oil and gas waste generated within the State of Texas must submit to the commission a copy of the annual report submitted to the administrator in compliance with 40 CFR, §262.56. (2) Imports. Any person who imports hazardous oil and gas waste generated outside the United States into the State of Texas shall be considered the generator of such hazardous oil and gas waste for the purposes of this section. Such person must comply with the applicable provisions of this section, except that: (A) the name and address of the foreign generator and the importer's name, address, and EPA ID number shall be substituted on the manifest in place of the generator's name, address, and EPA ID number; (B) the importer or the importer's agent must sign and date the certification and obtain the signature of the initial transporter in place of the generator's certification statement on the manifest; and (C) the importer shall use the manifest form prescribed by the TCEQ. (w) Standards Applicable to Transporters of Hazardous Oil and Gas Waste. The following standards apply to persons who transport hazardous oil and gas waste generated by LQGs and SQGs. The requirements of this subsection do not apply in the case of hazardous oil and gas waste generated by CESQGs. (1) Scope. (A) This subsection establishes standards for persons transporting hazardous oil and gas waste from the generation site to any designated facility. The provisions of this section do not apply with respect to on-site movements of hazardous oil and gas waste. (B) In addition to the provisions of this subsection, a transporter must comply with standards applicable to generators of hazardous oil and gas waste if he or she mixes hazardous oil and gas wastes of different DOT shipping descriptions by placing them into a single container. If a transporter mixes a hazardous oil and gas waste with a hazardous waste that is not considered a hazardous oil and gas waste, the transporter must comply with the standards applicable to generators of hazardous wastes found at Title 30, Texas Administrative Code, Chapter 335, Subchapter C (the TCEQ's standards for generators of hazardous waste). (2) Permits and EPA ID Numbers. No transporter may transport hazardous oil and gas waste unless he or she has an EPA ID number. The transporter may obtain an EPA ID number by filing the prescribed form (currently EPA Form 8700-12) with the appropriate regulatory entity (either EPA, TCEQ, the commission, or another state). (3) Transfer Facility Requirements. No transporter may store manifested hazardous oil and gas waste at a transfer facility for any period of time unless: (A) the hazardous oil and gas waste is packaged in containers that meet the requirements of subsection (p) of this section (relating to packaging); and (B) the hazardous oil and gas waste is stored at the transfer facility for no longer than ten days. (4) Manifest Requirements. (A) A transporter may not accept hazardous oil and gas waste for shipment from a generator unless it is accompanied by a manifest signed in accordance with the provisions of subsection (o)(4) of this section (relating to use of the manifest). (B) Before transporting hazardous oil and gas waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous oil and gas waste from the generator. The transporter must return a signed copy of the manifest to the generator before leaving the generation site. (C) The transporter must ensure that the manifest accompanies the shipment of hazardous oil and gas waste. In the case of exports, the transporter must ensure that a copy of the EPA Acknowledgment of Consent is attached to the manifest. (D) A transporter may not accept hazardous oil and gas waste for export from a primary exporter or other person if: (i) the transporter knows that the shipment does not conform to the EPA Acknowledgment of Consent; or (ii) except in the case of shipments by rail, an EPA Acknowledgment of Consent is not attached to the manifest (or shipping paper in the case of exports by water (bulk shipment)). (E) A transporter who delivers a hazardous oil and gas waste to another transporter or to the designated facility must: (i) obtain the date of delivery and the handwritten signature of the other transporter or of the owner or operator of the designated facility on the manifest; (ii) retain one copy of the manifest in accordance with the provisions of subsection (w)(7) of this section (relating to recordkeeping); and (iii) give the remaining copies of the manifest to the accepting transporter or owner or operator of the designated facility. (F) The requirements of subsection (w)(4)(C), (D), (E), and (G) of this section do not apply to water (bulk shipment) transporters if: (i) the hazardous oil and gas waste is delivered by water (bulk shipment) to the designated facility; (ii) a shipping paper containing all the information required on the manifest (excluding the EPA ID numbers, generator certification, and signatures) and, for exports, an EPA Acknowledgment of Consent, accompanies the hazardous oil and gas waste; (iii) the delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper; (iv) the person delivering the hazardous oil and gas waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and (v) a copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with the provisions of subsection (w)(7) of this section (relating to recordkeeping). (G) For shipments involving rail transportation, the requirements of subsection (w)(4)(C), (D), (E), and (F) of this section do not apply and the following requirements do apply: (i) when accepting hazardous oil and gas waste from a non-rail transporter, the initial rail transporter must: (I) sign and date the manifest acknowledging acceptance of the hazardous oil and gas waste; (II) return a signed copy of the manifest to the non-rail transporter; (III) forward at least three copies of the manifest to: (-a-) the next non-rail transporter, if any; (-b-) the designated facility, if the shipment is delivered to that facility by rail; or (-c-) the last rail transporter designated to handle the hazardous oil and gas waste in the United States; and (IV) retain one copy of the manifest and rail shipping paper in accordance with the provisions of subsection (w)(7) of this section (relating to recordkeeping); (ii) rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA ID numbers, generator certification, and signatures) and, for exports, an EPA Acknowledgment of Consent, accompanies the hazardous oil and gas waste at all times; (iii) when delivering hazardous oil and gas waste to the designated facility, a rail transporter must: (I) obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and (II) retain a copy of the manifest or signed shipping paper in accordance with the provisions of subsection (w)(7) of this section (relating to recordkeeping); (iv) when delivering hazardous oil and gas waste to a non-rail transporter, a rail transporter must: (I) obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest; and (II) retain a copy of the manifest in accordance with the provisions of subsection (w)(7) of this section (relating to recordkeeping); (v) before accepting hazardous oil and gas waste from a rail transporter, a non-rail transporter must sign and date the manifest and provide a copy to the rail transporter. (H) Transporters who transport hazardous oil and gas waste out of the United States must: (i) indicate on the manifest the date the hazardous oil and gas waste left the United States; (ii) sign the manifest and retain one copy in accordance with the provisions of subsection (v)(1) of this section; (iii) return a signed copy of the manifest to the generator; and Cont'd... |
