Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,919
7533-7814 p. ; 28 cm.View a full description of this periodical.
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1(A) obtain the date of delivery and handwritten signa-
ture of the owner or operator of the designated facility on the manifest
or shipping paper (if the manifest has not been received by the facility)
f(B) retain a eopy of the manifest or signed shipping
paper in accordance with ~35.c of this title.]
t(4) When delivering hazardous waste or Class t waste to
a non-rail transpoter, a rail transporter musti
{(A) obtain the date of delivery and the handwritten sig-
nature of the next non-rail transporter on the manifest- andj
(B) retain a copy of the manifest in accordance with
335.4 ) of this title.
t(5) Before accepting municipal hazardous waste or lass
I waste from a rail transporter a non-rail transporter must sign and date
the manifest and provide a copy to the rail transporerj
e) Transporters wh transport hazardous waste or Class I
waste out of the United States sha comply with manifest requirements
aeeording to 335 40 of this titte and 40 GFR Part 263-
t(f) The transpoer must deliver the entire quantity of muni-
ipal hazardous waste or Class I waste which he has accepted from a
generator or a transporter to-
(4 the designate fatiity listed on the manifest;]
+2) the alternate designated facility if the waste cannot be
delivered t the designated f t eease an emergency prevents de-
livery
the next designated transpoer or
(4) the place outside the Unitedstates dAesignated by the
(g) If the transporer cannot deliver the waste in accordance
with subsection (h) of this section because of an emergency condition
ther than rejection of the waste by the designated facility, then the
transporter must contact the generator for further directions and must
revise the manifest according to the generator's instrictions.
t(h) If hazardous waste is rejected by the designated facility
while the transporter is on the facility premises, then the transporter
must obtain the following:}
{(1) for a partial t ad rejection o r r regulated entities
of container residues, a espy of the original manifest that inles the
facility's date and signaure the manifest tracking number of the new
manifest that will accompany the shipment and a description of the
partial l rejection or container residue in the diserepancy b k of the
origina l manifes- The transporter must retain a eepy of this manifest
and give the remaining copies of the original manifest to the rejecting
designated f ;i; If the transporter is forwarding the rejeed part of
the shipment or a regulated container residue to an alternate facility or
returning it to the generator the transporfer must obtain a new manifest
to accompany the shipment and the new manifest must incli e all of
the information required;]
t(2 for a full load rejection that will be taken back by the
transporter a ~epy of the original -manifest that ,includes the rejecting
facility signature and date attesting to the rejection the description
of the reje tion and the name- address phone number and F A iden-
tification number for the alternate facility or generator to whom the
shipment must be de -vered The transporter must -retain a eopy of the
manifest containing this information to the rejeing designated faci -
ity If the original manifest is not used, then the transporter must obtain
a new manifest for the shipment.j335.12. Shipping Requirements Applicable to Owners or Operators
of Treatment, Storage, or Disposal Facilities.
(a) Except as provided by 335.10(a)(2) of this title (relat-
ing to Shipping and Reporting Procedures Applicable to Generators
of Hazardous Waste or Class 1 Waste and Primary Exporters of Haz-
ardous Waste), persons who generate, process, store, or dispose of haz-
ardous waste must comply with 40 Code of Federal Regulations (CFR)
265.71 and 265.72, or 40 CFR 264.71 and 264.72, depending on
the status of the person, and with the Appendix to 40 CFR Part 262,
as these sections are amended through March 18, 2010 (75 FR 12989).
[No owner or operator of a treat ent, storage, or disposal facility may
accept delivery of solid waste for which a manifest is required under
S3510e of this title (relating to Sipn and Rei Procedures
Applicable to Generators of Hazardous Waste or lass 4- Waste and Pri-
mary Exporters of Hazardous Waste) for off-site treatment ,storage or
disposal unless]
1(1 a manifest companies the shipment which desig-
nates that facility to receive the waste;]
o2) the manifest implies with 33540 of this title and 40
ode of Federal Regulations (FR) Part 264 Standards for Owners
and Operators of Hazardous Waste Treatment Storages and Disposal
Facilities
(3) the owner or operator retains one copy of the mani-
fest in accordance with s315 a) of this title (relating to Recordkeep-
ing and Reporting Requirements Applicable to Owners or Operators of
Treatment Strags or Disposal Facilities),
1(4) within 30 days after the delivery the wner or operator
sends a copy of the manifest to the generator or primary exporter where
appropriate; and}
f-) in the caseof hazardous waste exports a eopy of the
United States Environmental Protection Agency tEPA) acknowledg-
ment of co nt aso accompanies the waste and the owner or operator
has no knowledge that the shipment does not conform to the EPA ae-
knowl edgment of consent.]
(b) Except as provided by 335.10(d) and (e) of this title, per-
sons who generate, transport, process, store, or dispose of Class 1 waste
must comply with 40 CFR 264.71, 264.72, and 264.76, and the Ap-
pendix to 40 CFR Part 262, as amended through March 18, 2010 (75
FR 12989), and a manifest must accompany the shipment which des-
ignates that facility to receive the waste. [ If a facility receives from
a rail or water (bulk shipment) transporter hazardous waster lass
waste which is accompanied by a shipping paper containing all the in-
formation * equired on the manifest the owner or operator, or his agent,
shall process the manifest in accordance with #33540 of this title and
omply with 40 GFR Part 264.]
-) tf a facility recei-es hazardous waste or Class waste ae-
e mpanied by a maonife or in the case of shipments by rail or water
(bulk shipment) by a shipping papers the owner or operator or his agent
must note any significant discrepancies on each copy of the manifest
or shipping paper (if the manifest has not been .ee eir1]]
1t-) Manifest dis.epanies are--
1(A) significant differences between the quantity or
type of hazardous .waste designated on the manifest or shipping
paper and the quantity and type of hazardous waste a facility aetuatL
(B) reje ted wastes which may be a full or partial ship-
ment f hazardous waste that the treatment storage and disposal faeil-
it cannot aeeept; orPROPOSED RULES October 5, 2012 37 TexReg 7919
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/105/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.