Section 335.94 - Transfer Facility Requirements(a) Unless the executive director determines that a permit should be required in order to protect human health and the environment, a transporter who stores manifested shipments of hazardous waste in containers meeting the independent requirements of 40 Code of Federal Regulations (CFR) §262.30 (Packaging) as adopted under § 335.55 of this title (relating to Pre-Transport Requirements Applicable to Small and Large Quantity Generators) at a transfer facility owned or operated by a registered transporter for a period of ten days or less is not subject to the requirement for a permit under § 335.2 of this title (relating to Permit Required), with respect to the storage of those wastes provided that the transporter complies with the following sections: (1)40 CFR § 265.14 ( Security);(2)40 CFR § 265.15 ( General Inspection Requirements);(3)40 CFR § 265.16 ( Personnel Training);(4) 40 CFR Part 265 , Subpart C;(5) 40 CFR Part 265, Subpart D (except §265.56(j)) and § 335.113 of this title (relating to Reporting of Emergency Situations by Emergency Coordinator); and(6) 40 CFR Part 265, Subpart I.(b) The executive director may require a permit for that portion of a facility otherwise exempted from that requirement under subsection (a) of this section, with respect to the storage of hazardous waste in containers, if the facility's operation also includes other storage and processing of hazardous waste which is not exempt under subsection (a) of this section.(c) When consolidating the contents of two or more containers with the same hazardous waste into a new container, or when combining and consolidating two different hazardous wastes that are compatible with each other, the transporter must mark its containers of 119 gallons or less with the following information: (1) The words "Hazardous Waste"; and(2) The applicable United States Environmental Protection Agency hazardous waste number(s) in 40 CFR Part 261 , Subparts C and D, as adopted under § 335.504 of this title (relating to Hazardous Waste Determination) or in compliance with 40 CFR § 262.32(c), as adopted under § 335.55 of this title.30 Tex. Admin. Code § 335.94
The provisions of this §335.94 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective November 15, 2001, 26 TexReg 9135; Amended by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0341, eff. 2/3/2022