(a) Unless the executive director determines that a
permit should be required in order to protect human health and the
environment, a transporter who stores manifested shipments of hazardous
waste in containers meeting the independent requirements of 40 Code
of Federal Regulations (CFR) §262.30 (Packaging) as adopted under §335.55
of this title (relating to Pre-Transport Requirements Applicable to
Small and Large Quantity Generators), at a transfer facility owned
or operated by a registered transporter for a period of ten days or
less is not subject to the requirement for a permit under §335.2
of this title (relating to Permit Required), with respect to the storage
of those wastes provided that the transporter complies with the following
sections:
(1) 40 CFR §265.14 (Security);
(2) 40 CFR §265.15 (General Inspection Requirements);
(3) 40 CFR §265.16 (Personnel Training);
(4) 40 CFR Part 265, Subpart C;
(5) 40 CFR Part 265, Subpart D (except §265.56(j))
and §335.113 of this title (relating to Reporting of Emergency
Situations by Emergency Coordinator); and
(6) 40 CFR Part 265, Subpart I.
(b) The executive director may require a permit for
that portion of a facility otherwise exempted from that requirement
under subsection (a) of this section, with respect to the storage
of hazardous waste in containers, if the facility's operation also
includes other storage and processing of hazardous waste which is
not exempt under subsection (a) of this section.
(c) When consolidating the contents of two or more
containers with the same hazardous waste into a new container, or
when combining and consolidating two different hazardous wastes that
are compatible with each other, the transporter must mark its containers
of 119 gallons or less with the following information:
(1) The words "Hazardous Waste"; and
(2) The applicable United States Environmental Protection
Agency hazardous waste number(s) in 40 CFR Part 261, Subparts C and
D, as adopted under §335.504 of this title (relating to Hazardous
Waste Determination) or in compliance with 40 CFR §262.32(c),
as adopted under §335.55 of this title.
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Source Note: The provisions of this §335.94 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective February 3, 2022, 47 TexReg 318 |