The question was posed in class recently: Can I send my Universal Waste to another one of my facilities so that it can be consolidated?
My first response was to say "yes" since that is what it states in 40 CFR 273:
- 40 CFR 273.18(a): A small quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.
- 40 CFR 273.38(a): A small quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.
But I've been doing this long enough to know not to ever think it could be that easy, so I went digging into 273. Here is what I found:
If you transport the Universal Waste yourself (self-transport) you become a Universal Waste Transporter and must comply with Subpart D. Which includes the following additional requirements:
- You must comply with DOT Hazardous Material Transportation requirements if the Universal Waste is Class 1 - 9.
So basically, if you want to transport your own Universal Waste you need to comply with DOT's transporter requirements if that Universal Waste is classified as a Hazardous Material by DOT under CFR 49, Part 172.101 or 173.
What if you don't want to transport it yourself? Well the DOT requirements will also apply to the Handler if off-site shipment is to take place. The Handler must determine if the Universal Waste to be shipped is classified as a Hazardous Material by DOT under CFR 49, Part 172.101 or 173. If "yes" then a shipping paper must be used, the certainer must meet DOT specifications, and DOT's labeling and marking requirements must be applied.
Okay, so far, nothing out of the ordinary. We have to do that with anything we ship off-site. What's next?
Prior to sending a shipment of universal waste to another universal waste handler, the originating handler must ensure that the receiving handler agrees to receive the shipment.
Okay...easy to meet that one.
If it is rejected - in part or in whole, it must either be received back or sent to another agreed upon destination.Not a problem there.
If a handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler must immediately notify the appropriate regional EPA office of the illegal shipment, and provide the name, address, and phone number of the originating shipper. The EPA regional office will provide instructions for managing the hazardous waste.Yikes! The burden to report is on the receiving handler. Now one should not be shipping hazardous waste to a Universal Waste Handler in the first place, but there are some situations where a Universal Waste is unintentional misidentified, such as a lead acid battery in which the case has been breached or mercury debris that may not meet the definition of "equipment" (see 273.4).
Still, nothing that can't be worked through. In fact, that requirement is in place no matter where the Universal Waste is sent.
If a Handler of universal waste receives a shipment of non-hazardous, non-universal waste, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.Okay...that's not a big deal either.
That's it? Yes. So as long as the handler you are sending the Universal Waste to will not perform disposal, treatment or dilution, you may ship one facilities Universal Waste to another Handler.
What about if I want to consolidate or commingle the waste from one Handler with another? Well, now it gets a bit tricky. It does not specifically prohibit commingling, however, if dilution took place that would be prohibited. The only reference to commingling is in 273.8 which allows Household Waste and CESQG Waste that are similar to Universal Waste may be commingled with other Universal Wastes and managed as such.
Next Post: Universal Waste: Off-Site Shipments - Sending to a Destination Facility
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