Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,928
7533-7814 p. ; 28 cm.View a full description of this periodical.
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back as a rejected load or residue in accordance with the manifest dis-
crepancy provisions of 335.10 of this title (relating to Shipping and
Reporting Procedures Applicable to Generators of Hazardous Waste
or Class 1 Waste and Primary Exporters of Hazardous Waste) may ac-
cumulate the returned waste on-site in accordance with subsections (a)
and (b) or (f) - (h) of this section depending on the amount of hazardous
waste on-site in that calendar month. Upon receipt of the returned ship-
ment, the generator must:
(1) Sign Item 18c of the manifest, if the transporter re-
turned the shipment using the original manifest; or
(2) Sign Item 20 of the manifest, if the transporter returned
the shipment using a new manifest.
(n) A generator who sends a shipment of Class 1 waste to a
designated facility with the understanding that the designated facility
can accept and manage the waste and later receives that shipment back
as a rejected load or residue in accordance with the manifest discrep-
ancy provisions of 335.10 of this title may accumulate the returned
waste on-site. Upon receipt of the returned shipment, the generator
must:
(1) Sign Item 18c of the manifest, if the transporter re-
turned the shipment using the original manifest; or
(2) Sign Item 20 of the manifest, if the transporter returned
the shipment using a new manifest.
335.76. Additional Requirements Applicable to International Ship-
ments.
(a) Any person who exports hazardous waste to a foreign
country or imports hazardous waste from a foreign country into the
state must comply with the requirements of this title and with the
special requirements of this section. Except to the extent the regu-
lations contained in 40 Code of Federal Regulations (CFR) 262.58
as amended through January 8, 2010 (75 FR 1236) [July 4- 2006
{(71 FR 40254)], a primary exporter of hazardous waste must comply
with the special requirements of this section as they apply to primary
exporters, and a transporter transporting hazardous waste for export
must comply with applicable requirements of 335.11 of this title (re-
lating to Shipping Requirements for Transporters of Hazardous Waste
or Class 1 Waste) and 335.14 of this title (relating to Recordkeeping
Requirements Applicable to Transporters of Hazardous Waste or Class
1 Waste) and Subchapter D of this chapter (relating to Standards
Applicable to Transporters of Hazardous Waste). 40 CFR 262.58
sets forth the requirements of international agreements between the
United States and receiving countries which establish different notice,
export, and enforcement procedures for the transportation, processing,
storage, and disposal of hazardous waste for shipments between the
United States and those countries.
(b) Exports of hazardous waste are prohibited except in com-
pliance with the applicable requirements of this subchapter, the special
requirements of this section, and 335.11 of this title and 335.14 of
this title and Subchapter D of this chapter. Exports of hazardous waste
are prohibited unless:
(1) notification in accordance with the regulations con-
tained in 40 CFR 262.53, as amended and adopted through April 12,
1996 (61 FR 16290) has been provided;
(2) the receiving country has consented to accept the haz-
ardous waste;
(3) a copy of the United States Environmental Protection
Agency (EPA) acknowledgment of consent to the shipment accompa-
nies the hazardous waste shipment and, unless exported by rail, is at-tached to the manifest (or shipping paper for exports by water (bulk
shipment));
(4) the hazardous waste shipment conforms to the terms of
the receiving country's written consent as reflected in the EPA acknowl-
edgment of consent; and
(5) the primary exporter complies with the manifest re-
quirements of 335.10 of this title (relating to Shipping and Reporting
Procedures Applicable to Generators of Hazardous Waste or Class 1
Waste and Primary Exporters of Hazardous Waste) except that:
(A) the primary exporter must attach a copy of the EPA
acknowledgment of consent to the shipment to the manifest which must
accompany the hazardous waste shipment. For exports by rail or wa-
ter (bulk shipment), the primary exporter must provide the transporter
with an EPA acknowledgment of consent which must accompany the
hazardous waste but which need not be attached to the manifest except
that for exports by water (bulk shipment) the primary exporter must at-
tach the copy of the EPA acknowledgment of consent to the shipping
paper; and
(B) the primary exporter may obtain the manifest from
any source that is registered with the EPA as a supplier of manifests.
(c) A primary exporter [exporter] must submit an exception
report to the executive director if:
(1) he has not received a copy of the manifest signed by
the transporter stating the date and place of departure from the United
States within 45 days from the date it was accepted by the initial trans-
porter;
(2) within 90 days from the date the waste was accepted
by the initial transporter, the primary exporter exporter ] has not re-
ceived written confirmation from the foreign consignee that the haz-
ardous waste was received; or
(3) the waste was returned to the United States.
(d) When importing hazardous waste into the state from a for-
eign country, a person must prepare a manifest in accordance with the
requirements of 335.10 of this title and 40 CFR 262.60. [for the
manifest except:]
(4) in place of the generate's name addess and EPA
identification nmrthe name and adde of the foreign generator
and the impo ~te4s name ad and EPA identification nmber must
be used;]
1(2) in place of the generator's signature on the certification
taoteme . the United States importer or his agent mst sign and date
the certification and obtain the signature of the initial transpoer; and
(3) -a person who impoegs hazardous waste may obtain the
UnifZorm azardous Wa ste Manifest from any source that is registered
wth he EPA as a supplier f the manifests
(e) Any person exporting hazardous waste shall file an annual
report with the executive director as required in 335.9 of this title (re-
lating to Recordkeeping and Annual Reporting Procedures Applicable
to Generators) summarizing the types, quantities, frequency, and ulti-
mate destination of all such hazardous waste exported during the pre-
vious calendar year.
(f) Any person who exports hazardous waste to a foreign coun-
try or imports hazardous waste from a foreign country into the state
must comply with the requirements of the regulations contained in
40 CFR 262.58 (International Agreements), as amended and adopted
through January 8, 2010 (75 FR 1236) [April 4 996 (6 FR 16290)].37 TexReg 7928 October 5, 2012 Texas Register
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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/m1/114/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.