Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,918

                                
(2) ensure that all hazardous and Glass t wastes offered for
transportation are accompanied by a manifest except shipments subject
to subsections (g) and (t of this setio or shipments by rail or water
as specified in subsections (e) and (t) of this setion.]
{(e) For shipments of Class 1 waste within the United States
gee ly by swatern~at e ( ask t h . e o p the generator shall send three
eige of the manifest dated and ie  in ateordance wit this section
to the owner or operator of the designa ed fit  f or to theast water
litk ei  esif trse  i to pan  e the waste inthe  nite States if
exported by water. Copies of the manifest are not required for each
() For rai i   shipment of azardous rowaste or  Class t waste
within the U  aite   rates w  ih oiioate at the site of generation the
generator shall send at least three copies of the manifst ate and
ign A in ae rdante  f with this s action to r
e (4 ) the next non-rail transpoere aifno u
t(2) theadeignatedf        iftranspoted s lely byrai or
{3{  the last rail transport to handle the waste in the
United Stoaes if exported by rail-
(e)  [g)] No manifest is required for the shipment of Class 1
waste [which is not hazardous waste] to property owned or otherwise
effectively controlled by the owner or operator of an industrial plant,
manufacturing plant, mining operation, or agricultural operation from
which the waste results or is produced, provided that the property is
within 50 miles of the plant or operation and the waste is not com-
mingled with waste from any other source or sources. An industrial
plant, manufacturing plant, mining operation, or agricultural operation
owned by one person shall not be considered another source with re-
spect to other plants or operations owned by the same person.
l    No  manifest and no marking in accordance witf
34z5 o f thi t r        tr rpxkil) is r-t'i~d for hazartrdt s
waste  traned n a pubicor private right-of-way it;hn; or along
the border of contiguous propery under the control of the same person,
even if stc  contiguous property is divided by a ui  or p
right of-way, su  wever in the ret f a hazardots waste id -hart e t
n - pubfcer private rightof-wy, the generator or transport must
comply with the r    equirements f 334 93  f this title (relating to
Hazardous    Wte DisCharFes)C1
335.11.  Shipping Requirements for Transporters of Hazardous
Waste or Class 1 Waste.
(a) Except as provided by 335.10(a)(2), (d), and (e) of this ti-
tle (relating to Shipping and Reporting Procedures Applicable to Gen-
erators of Hazardous Waste or Class 1 Waste and Primary Exporters of
Hazardous Waste), persons who transport hazardous [N transporter
may cause, .     ,, ffer   a  or permit the shipment of soid] waste must
comply with the manifest requirements in 40 Code of Federal Regula-
tions (CFR) 263.20, 263.21, and the Appendix to 40 CFR Part 262,
as these sections are amended through June 16, 2005 (70 FR 35034) as
well as the following: [for which a manifest is required under 335.!0
f this title (relato; hiig ad R         Procedures App.i.a-
hie to Generaors f hazardous Waste er Class -I Waste and Primary
Exporters ofHazardous Waste) to an off-site treatment, storage r dis-
pesal facility, unless the transpoter]
(1) the person must comply [complies] with 335.10 of this
title; and
(2) in the case of hazardous waste exports, the person must
ensure [ensures] that the shipment conforms to the requirements set
forth in the regulations contained in 40 [Cede f Federal Regulations
(]CFRD] 263.20.

(b) Except as provided by 335.10(d) and (e) of this title, a
person who transports Class 1 waste must comply with the require-
ments of subsection (a) of this section, except those requirements in
40 CFR 263.20(a)(2). [A transporter may not eause, suffer alloey
or permit the delivery of a shipment of hazardous or (lass i waste to
Conservation and Recovery Act (RRA) manifest form (United States
nori  to N305  0 of this Ptic and complies with 4h 4GFR  t3
() The requirements of subsections (6) and (d) of this section
do no apply to wa e(bu k hipnt) tnspores  if}
1    the waste   e is delired by water (bulk shipment) to the
facility designated on the manifest,
.(2) a shi      paper containing all the information re-
quired on the nnifest (exuding the identification  es .generator
certification, and iau    and for hazardous waste exot an EPA
,r"Aacknow -.ledgment of iconsentteatcompanies the 4tgf
(3) the delivering transporter obtains the date of delivery
and handwritten signature of the owner or operator of the facility on
either the manifest or the shipping paper
(4) the person delivering the waste to the initial water
bl-k ship t) trarer  ~obtains the date ef ofie  and the
;sigtatu;re of t+he water (l k sip   t  ot  n the manifestand
forwards;.               . it ato the fahite and}
{5) a e   y of the shipping paperor man ifest is retained by
each water (bulk shipment) transporter in accordance with 3354(b
of this title (relating to Recordkeeping Requirements Applicable to
Transporters of Hazardous Waste or Glass 4i Waste)}
(d ) For shipments involving ra l transporfatie  the require-
ments f ebsctifns () and (t) f this stin do not pply and the
following requirements do apply}
() When esepting nlass I waste from a non-rail trans-
porter the initial rail transpoe nst}
sign and date the manifest acknowledging aeeep-
tance of the waste
{(B) return a eopy of the manifest to the non-rail trans-
porterg
1() forward at ast threecies of the manifest toy
TfI  the ne xt non-rail tr    if any 4
(i(- the designated facility if the shipment is tdliv-
ered tothatfacility byrail or
f t;the last rai tre           teo handle the
waste in the United Sate
f(D) retain one copy of the manifest and rail shipping
paper in accordance fwith l335.4   of this title m
9(2) Rail transporters nust  s  ethat a shipping paper
containing all the information required n the manifest (exelding the
and for hazardous waste exports, an EPA acnowledgmnt o ensent
aeeempanies the waste at all times Intermediate rail transporters are
not required to sign either the manifest or shipping papel
(-3-) When deli-vering Glass   waste er  nicipal hazardous
waste to the designated faci4it a rai transporter must

37 TexReg 7918  October 5, 2012  Texas Register