(a) This subchapter establishes standards for persons transporting hazardous waste to off-site storage, processing, or disposal facilities. These standards are in addition to any applicable provisions contained in Subchapter A of this chapter (relating to Industrial Solid Waste and Municipal Hazardous Waste Management in General).(b) This subchapter does not apply to on-site transportation of hazardous waste by generators or by owners or operators of storage, processing or disposal facilities.(c) A hazardous waste transporter must also comply with the standards applicable to generators of hazardous waste found in §§ 335.6, 335.9, 335.10, and 335.13 of this title (relating to Notification Requirements; Recordkeeping and Annual Reporting Procedures Applicable to Generators; Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste; and Recordkeeping and Reporting Procedures Applicable to Generators Shipping Hazardous Waste or Class 1 Waste), Subchapter C of this chapter (relating to Standards Applicable to Generators of Hazardous Waste) including § 335.52(d) of this title (relating to Purpose, Scope, and Applicability), and Subchapter R of this chapter (relating to Waste Classification) if the transporter:(1) transports hazardous waste into the state from a foreign country; or(2) mixes hazardous waste of different Department of Transportation shipping descriptions by placing them into a single container.(d) Transporters who store hazardous waste are owners or operators of storage facilities and, as such, are also subject to the permit requirements and storage standards contained in this chapter.(e) A transporter of hazardous waste that is being imported from or exported to any other country for purposes of recovery or disposal is subject to all relevant requirements of 40 Code of Federal Regulations (CFR), Part 262, Subpart H, as adopted under § 335.58 of this title (relating to Transboundary Movements of Hazardous Waste for Recovery or Disposal), including, but not limited to, 40 CFR § 262.83(d) and § 262.84(d) for movement documents.(f) The regulations in this chapter do not apply to transportation during an explosives or munitions emergency response conducted in accordance with § 335.41(d)(2) of this title (relating to Purpose, Scope and Applicability).(g)40 CFR § 266.203, as adopted by reference under Subchapter H, Division 6 of this chapter (relating to Military Munitions), identifies how the requirements of this subchapter apply to military munitions classified as solid waste under 40 CFR § 266.202.30 Tex. Admin. Code § 335.91
The provisions of this §335.91 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective April 12, 2001, 26 TexReg 2741; amended to be effective November 15, 2001, 26 TexReg 9135; Amended by Texas Register, Volume 45, Number 23, June 5, 2020, TexReg 3788, eff. 6/11/2020; Amended by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0341, eff. 2/3/2022