(a) This subchapter establishes standards for persons
transporting hazardous waste to off-site storage, processing, or disposal
facilities. These standards are in addition to any applicable provisions
contained in Subchapter A of this chapter (relating to Industrial
Solid Waste and Municipal Hazardous Waste Management in General).
(b) This subchapter does not apply to on-site transportation
of hazardous waste by generators or by owners or operators of storage,
processing or disposal facilities.
(c) A hazardous waste transporter must also comply
with the standards applicable to generators of hazardous waste found
in §§335.6, 335.9, 335.10, and 335.13 of this title (relating
to Notification Requirements; Recordkeeping and Annual Reporting Procedures
Applicable to Generators; Shipping and Reporting Procedures Applicable
to Generators of Hazardous Waste or Class 1 Waste; and Recordkeeping
and Reporting Procedures Applicable to Generators Shipping Hazardous
Waste or Class 1 Waste), Subchapter C of this chapter (relating to
Standards Applicable to Generators of Hazardous Waste) including §335.52(d)
of this title (relating to Purpose, Scope, and Applicability), and
Subchapter R of this chapter (relating to Waste Classification) if
the transporter:
(1) transports hazardous waste into the state from
a foreign country; or
(2) mixes hazardous waste of different Department of
Transportation shipping descriptions by placing them into a single
container.
(d) Transporters who store hazardous waste are owners
or operators of storage facilities and, as such, are also subject
to the permit requirements and storage standards contained in this
chapter.
(e) A transporter of hazardous waste that is being
imported from or exported to any other country for purposes of recovery
or disposal is subject to all relevant requirements of 40 Code of
Federal Regulations (CFR), Part 262, Subpart H, as adopted under §335.58
of this title (relating to Transboundary Movements of Hazardous Waste
for Recovery or Disposal), including, but not limited to, 40 CFR §262.83(d)
and §262.84(d) for movement documents.
(f) The regulations in this chapter do not apply to
transportation during an explosives or munitions emergency response
conducted in accordance with §335.41(d)(2) of this title (relating
to Purpose, Scope and Applicability).
(g) 40 CFR §266.203, as adopted by reference under
Subchapter H, Division 6 of this chapter (relating to Military Munitions),
identifies how the requirements of this subchapter apply to military
munitions classified as solid waste under 40 CFR §266.202.
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Source Note: The provisions of this §335.91 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective April 12, 2001, 26 TexReg 2741; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective June 11, 2020, 45 TexReg 3780; amended to be effective February 3, 2022, 47 TexReg 318 |