(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.

Source Note: The provisions of this §335.11 adopted to be effective February 3, 2022, 47 TexReg 318