(a) No generator shall transport petroleum-substance waste from the generating site unless the waste has been properly sampled to determine the levels of all possible contaminants in the waste. Necessary documentation shall, at a minimum, consist of documentation on the sampling, handling, chain-of-custody documentation, and copies of signed laboratory reports on samples collected from the specified wastes that contain results of analysis for:
  (1) the major components of the petroleum-substance waste such as benzene, toluene, ethylbenzene, total xylenes, and total petroleum hydrocarbons or the major components of total petroleum hydrocarbons; and
  (2) any other contaminants as specified by the agency based on specific conditions of the generating site.
(b) No generator of petroleum-substance waste within the State of Texas shall allow the transport of such wastes to an off-site waste storage, treatment, reuse, or disposal facility unless the following requirements are met:
  (1) a Texas Commission on Environmental Quality (TCEQ) petroleum-substance manifest is initiated, to include all applicable information, by the generator; and
  (2) the generator designates on the manifest at least one facility or area legally authorized to receive the waste. A generator may also designate one alternate facility or area which is legally authorized to receive the waste in the event an emergency prevents delivery of the waste to the primary designated facility. If the transporter is unable to deliver the waste to either the designated facility or the alternate facility, the generator shall either immediately designate another facility for receipt or instruct the transporter to immediately return the waste. Upon such redesignation by the generator, the generator shall immediately prepare an amended waste manifest.
(c) No generator of petroleum-substance waste from outside of the State of Texas shall allow transport of waste into the State of Texas unless the following requirements are met:
  (1) a TCEQ petroleum-substance manifest is initiated by the generator to include all applicable information;
  (2) the manifest shall accompany the waste to the receiving facility; and
  (3) the waste is classified as non-hazardous by the state in which it is generated.
(d) At the time of waste transfer, the generator or generator's authorized representative shall:
  (1) sign the manifest by hand;
  (2) obtain the handwritten signature of the initial transporter and date of acceptance on the manifest;
  (3) retain one copy, in accordance with §334.497 of this title (relating to Recordkeeping and Reporting Procedures Applicable to Generators); and
  (4) give the transporter the remaining copies of the manifest.

Source Note: The provisions of this §334.496 adopted to be effective December 27, 1996, 21 TexReg 12177; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective May 31, 2018, 43 TexReg 3390