| (a) Except as provided in paragraph (2) of this subsection,
no person who generates, transports, processes, stores, or disposes
of hazardous waste shall cause, suffer, allow, or permit the shipment
of hazardous waste unless the person complies with this subsection, §335.12
of this title (relating to Shipping Requirements Applicable to Owners
or Operators of Treatment, Storage, or Disposal Facilities), §335.13
of this title (relating to Recordkeeping and Reporting Procedures
Applicable to Generators Shipping Hazardous Waste or Class 1 Waste), §335.54
of this title (relating to Hazardous Waste Manifest), and §335.58
of this title (relating to Transboundary Movements of Hazardous Waste
for Recovery or Disposal).
(1) In addition, generators and owners or operators
of treatment, storage, or disposal facilities shall include a Texas
waste code for each hazardous waste itemized on the manifest.
(2) The manifest required by this subsection is not
required for the transportation of hazardous waste when all of the
conditions of an applicable exemption from manifesting have been met,
including and not limited to the exemptions in this paragraph and
subsection (b) of this section.
(A) The manifesting requirements of this section are
not applicable to the transportation of hazardous waste generated
by a very small quantity generator (VSQG) that meets the conditions
for exemption in 40 Code of Federal Regulations (CFR) §262.14
as adopted in §335.53 of this title (relating to General Standards
Applicable to Generators of Hazardous Waste).
(B) The manifesting requirements of this section are
not applicable to the transportation of potentially creditable hazardous
waste pharmaceuticals from a healthcare facility or a reverse distributor
to a reverse distributor in compliance with §335.769 of this
title (relating to Shipping Potentially Creditable Hazardous Waste
Pharmaceuticals from a Healthcare Facility or a Reverse Distributor
to a Reverse Distributor).
(b) The manifesting and marking requirements of §335.55
of this title (relating to Pre-Transport Requirements Applicable to
Small and Large Quantity Generators) are not applicable to the transportation
of hazardous waste on a public or private right-of-way within or along
the border of contiguous property under the control of the same person,
even if such contiguous property is divided by a public or private
right-of-way. However, in the event of a hazardous waste discharge
on a public or private right-of-way, the generator or transporter
must comply with the requirements of §335.93 of this title (relating
to Hazardous Waste Discharges).
(c) Except as provided in subsections (d) and (e) of
this section, persons who generate, transport, process, store, or
dispose of Class 1 waste shall not cause, suffer, allow, or permit
the shipment of Class 1 waste unless the person complies with the
manifest requirements adopted in §335.54 of this title with the
following changes and additions:
(1) when Class 1 waste is itemized on the manifest,
either the Texas Commission on Environmental Quality solid waste registration
(SWR) number or the United States Environmental Protection Agency
(EPA) identification number must identify the generator, transporter,
and designated facility; and the Texas waste code, instead of the
EPA waste code, must identify the waste;
(2) when both hazardous and Class 1 waste are itemized
on the same manifest, the EPA identification numbers, not SWR numbers,
must identify the generator, transporter, and designated facility;
and the Texas waste codes must identify each waste itemized on the
manifest;
(3) the term "Designated facility" has the meaning
in §335.1 of this title (relating to Definitions);
(4) the term "Hazardous waste" is replaced by the term
"Class 1 waste";
(5) the exceptions for hazardous waste being reclaimed
under 40 CFR §262.20(e) are not applicable to transportation
of Class 1 waste;
(6) in the event of a discharge on a public right of
way, the generator or transporter must comply with Chapter 327 of
this title (relating to Spill Prevention and Control) and §335.93
of this title instead of complying with 40 CFR §263.30 and §263.31
as required by 40 CFR §262.20(f); and
(7) waste minimization certification required by 40
CFR §262.27 is not applicable to Class 1 waste.
(d) No manifest is required for the shipment of Class
1 waste generated by a person that generated less than 100 kilograms
of Class 1 waste during the calendar month in which the subject Class
1 waste was generated.
(e) No manifest is required for the shipment of Class
1 waste to property owned or otherwise effectively controlled by the
owner or operator of an industrial plant, manufacturing plant, mining
operation, or agricultural operation from which the waste results
or is produced, provided that:
(1) the property is within 50 miles of the plant or
operation;
(2) the waste is not commingled with waste from any
other source or sources. An industrial plant, manufacturing plant,
mining operation, or agricultural operation owned by one person shall
not be considered another source with respect to other plants or operations
owned by the same person; and
(3) the owner or operator of a facility that receives
and stores, processes, or disposes Class 1 waste from off-site in
compliance with an exception from permit required in §335.2(d)(1)
or (2) of this title (relating to Permit Required) must report Class
1 industrial waste received from off-site in the Annual Waste Summary
submitted for the receiving facility in accordance with §335.9
of this title (relating to Recordkeeping and Annual Reporting Procedures
Applicable to Generators).
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| Source Note: The provisions of this §335.10 adopted to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective November 27, 1992, 17 TexReg 8010; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective April 24, 1995, 20 TexReg 2709; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective May 20, 1999, 24 TexReg 3726; amended to be effective November 15, 2001, 26 TexReg 9135; amended to beeffective August 31, 2006, 31 TexReg 6755; amended to be effective February 21, 2013, 38 TexReg 978; amended to be effective June 16, 2016, 41 TexReg 4259; amended to be effective June 11, 2020, 45 TexReg 3780; amended to be effective February 3, 2022, 47 TexReg 318 |
