Section 335.11 - Shipping Requirements for Transporters of Hazardous Waste or Class 1 Waste(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.30 Tex. Admin. Code § 335.11
The provisions of this §335.11 adopted to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective August 31, 2006, 31 TexReg 6755; amended to be effective February 21, 2013, 38 TexReg 978; Amended by Texas Register, Volume 41, Number 24, June 10, 2016, TexReg 4271, eff. 6/16/2016; Amended by Texas Register, Volume 45, Number 23, June 5, 2020, TexReg 3787, eff. 6/11/2020; Adopted by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0337, eff. 2/3/2022