(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 regulations
contained in 40 Code of Federal Regulations (CFR) §262.58 as
amended through January 8, 2010 (75 FR 1236), 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 (relating 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 compliance 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
contained 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
hazardous waste;
  (3) a copy of the United States Environmental Protection
Agency (EPA) acknowledgment of consent to the shipment accompanies
the hazardous waste shipment and, unless exported by rail, is attached
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
acknowledgment of consent; and
  (5) the primary exporter complies with the manifest
requirements 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
water (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 attach
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 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 transporter;
  (2) within 90 days from the date the waste was accepted
by the initial transporter, the primary exporter has not received
written confirmation from the foreign consignee that the hazardous
waste was received; or
  (3) the waste was returned to the United States.
(d) When importing hazardous waste into the state from
a foreign country, a person must prepare a manifest in accordance
with the requirements of §335.10 of this title and 40 CFR §262.60.

(e) Any person exporting hazardous waste shall file
an annual report with the executive director as required in §335.9
of this title (relating to Recordkeeping and Annual Reporting Procedures
Applicable to Generators) summarizing the types, quantities, frequency,
and ultimate destination of all such hazardous waste exported during
the previous calendar year.
(f) 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 the regulations contained
in 40 CFR §262.58 (International Agreements), as amended and
adopted through January 8, 2010 (75 FR 1236).
(g) Except to the extent that they are clearly inconsistent
with Texas Health and Safety Code, Chapter 361, or the rules of the
commission, primary exporters must comply with the regulations contained
in 40 CFR §262.57, which are in effect as of November 8, 1986.
(h) Transfrontier shipments of hazardous waste for
recovery within countries belonging to the Organization for Economic
Cooperation and Development are subject to 40 CFR Part 262, Subpart
H, which is adopted by reference as amended and adopted in the CFR
through January 8, 2010 (75 FR 1236).


Source Note: The provisions of this §335.76 adopted to be effective May 28, 1986, 11 TexReg 2345; 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 20, 1996, 21 TexReg 10983; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective August 31, 2006, 31 TexReg 6755; amended to be effective October 29, 2009, 34 TexReg 7321; amended to be effective February 21, 2013, 38 TexReg 978