(a) Unregistered generators who ship hazardous waste
or Class 1 waste shall prepare a complete and correct Waste Shipment
Summary (S1) from the manifests.
(b) Unregistered generators or out-of-state primary
exporters who export hazardous waste from or through Texas to a foreign
country, shall prepare a complete and correct Waste Shipment Summary
(S1) from the manifests.
(c) Registered generators or out-of-state primary exporters
who import hazardous or Class 1 waste from a foreign country through
Texas to another state shall prepare a complete and correct Foreign
Waste Shipment Summary (F1) from the manifests.
(d) The Waste Shipment Summary (S1) and the Foreign
Waste Shipment Summary (F1) shall be prepared in a form provided or
approved by the executive director and submitted to the executive
director on or before the 25th of each month for shipments originating
during the previous month. The unregistered generator or in-state/out-of-state
primary exporter must keep a copy of each summary for a period of
at least three years from the due date of the summary. These generators
are required to prepare and submit a Waste Shipment Summary (S1) and/or
Foreign Waste Shipment Summary (F1) only for those months in which
shipments are actually made. Conditionally exempt small quantity generators
shipping municipal hazardous waste are not subject to the requirements
of this subsection.
(e) The following figure is a graphic representation
illustrating generator, waste type, shipment type, and report method.
Attached Graphic
(f) A registered generator is defined as an in-state
generator who has complied with §335.6 of this title (relating
to Notification Requirements), and is assigned a solid waste registration
number.
(g) An unregistered generator is defined as an in-state
generator who is not a conditionally exempt small quantity generator,
as defined in §335.78 of this title (relating to Special Requirements
for Hazardous Waste Generated by Conditionally Exempt Small Quantity
Generators), that ships hazardous waste and/or Class 1 waste using
a temporary solid waste registration number and a temporary Texas
waste code number assigned by the executive director.
(h) A primary exporter/importer is defined as:
  (1) an in-state generator who imports hazardous waste
or Class 1 waste from a foreign country into or through Texas to another
state and/or exports hazardous waste to a foreign country; or
  (2) an out-of-state generator/importer of record who
imports hazardous waste or Class 1 waste from a foreign country into
or through Texas to another state and/or exports hazardous waste through
Texas to a foreign country.
(i) The registered/unregistered generator or primary
exporter shall retain a copy of each manifest required by §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) for a minimum of three years from the date of
shipment by the registered/unregistered generator or primary exporter.
(j) A registered/unregistered generator who does not
receive a copy of the manifest with the handwritten signature of the
owner or operator of the designated facility within 35 days of the
date the waste was accepted by the initial transporter must contact
the transporter and/or the owner or operator of the designated facility
to determine the status of the hazardous waste or Class 1 waste.
(k) A registered/unregistered generator or primary
exporter of hazardous waste subject to §335.76(c) of this title
(relating to Additional Requirements Applicable to International Shipments)
must submit an exception report to the executive director if he has
not received a copy of the manifest with the handwritten signatures
of the owner or operator of the designated facility within 45 days
of the date that the waste was accepted by the initial transporter.
The exception report must be retained by the registered/unregistered
generator or primary exporter for at least three years from the date
the waste was accepted by the initial transporter and must include:
  (1) a legible copy of the manifest for which the generator
does not have confirmation of delivery; and
  (2) a copy of a letter signed by the generator or his
authorized representative explaining the efforts taken to locate the
hazardous waste or Class 1 waste and the results of those efforts.
(l) The periods of record retention required by this
section are automatically extended during the course of any unresolved
enforcement action regarding the regulated activity.
(m) The requirements of subsections (j) and (k) of
this section do not apply to generators who generate hazardous waste
or Class 1 waste in quantities less than 100 kilograms in a calendar
month, or acute hazardous waste in quantities specified in §335.78
of this title.
(n) Primary exporters of hazardous waste as defined
in 40 Code of Federal Regulations (CFR) §262.51 must submit an
annual report in accordance with the requirements set out in the regulations
contained in 40 CFR §262.56, as amended and adopted through March
18, 2010 (75 FR 12989).
(o) Primary exporters of hazardous waste as defined
in 40 CFR §262.51, or importers of hazardous waste, to or from
countries listed in 40 CFR §262.58(a)(1) for recovery, must comply
with 40 CFR Part 262, Subparts A and H.


Source Note: The provisions of this §335.13 adopted to be effective May 28, 1986, 11 TexReg 2335; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective February 4, 1994, 19 TexReg 509; amended to be effective June 4, 1997, 22 TexReg 4585; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effectiveNovember 15, 2001, 26 TexReg 9135; amended to be effective February 21, 2013, 38 TexReg 978