Current through Reg. 50, No. 13; March 28, 2025
(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.
