Universal Waste: Off-Site Shipments - Sending to a Destination Facility

Basically, it boils down to this:

A Universal Waste Handler may ship their universal waste off-site to: (1)

• another universal waste handler
• a destination facility, or
• a foreign destination.

In my last post I discussed the requirements for sending Universal Waste to an "off-site Handler."  This post will cover the requirements for sending Universal Waste to a "Destination Facility."

First, let's get the term "Universal Waste Handler" defined as either:

• A generator of universal waste; or 
• The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.

Second, let's get the term "off-site" defined.  Except it isn't.  What is defined is the term "on-site."

• On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, are also considered on-site property. 

Now we can concentrate on the term "Destination Facility.  Here is how it is defined in 273.9 and described in 273.60.

1. A "destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste
• Except batteries and mercury containing equipment managed in a similar manner as allowed for a Handler.  
2. Destination facilities are subject to all applicable requirements for a fully permitted TSDF.
• Except if the facility recycles a particular Universal Waste provided:
• No storage/accumulation prior to recycling takes place 
• The facility obtains an EPA ID Number
• A hazardous waste manifest is used.

Let's look at Number 1: 

A "destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except batteries and mercury containing equipment managed in a similar manner as allowed for a Handler.

What this means is that you are not a destination facility when you manage batteries as follows:

• Do not perform any activities that would breach the battery casing.
• Contain all leakage, spillage, or damage in containers that:
• Must be structurally sound
• Compatible with the contents of the battery
• Kept closed
• Must not show signs of leakage, spillage, or damage.

Basically this is designed for battery operations that will  sort batteries by type, consolidate compatible batteries together, discharge batteries, regenerate used batteries, disassemble batteries into individual batteries or cells, remove batteries from consumer products, or remove electrolyte.  All of these activities are permissible as long as the battery casing is not breached.  Additionally, these activities may generate other waste streams for which a hazardous waste determination must be made (e.g. electrolyte)

You are also not a destination facility when you manage mercury containing materials as follows:

• Manage in a way to prevent spills, leaks, damage
• Containerize non-contained metallic mercury or damaged equipment.
• Only allowed to remove mercury containing ampules provided they do not break and other requirements are met.

Now let's look at Number 2:

Destination facilities are subject to all applicable requirements for a fully permitted TSDF. 

What this is saying is that an off-site facility that is not another Handler, or will not manage batteries or mercury containing material like a handler, must be a fully permitted RCRA TSDF under 40 CFR 264.

Unless.....

You recycle a particular universal waste without storing and comply with 261.6(c)(2) - EPA ID number and the use of a manifest is required as well as certain recycling unit requirements under 261.6(d).

• Storage means holding hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.  Again, this definition is made intentionally broad to include any situation in which hazardous waste is held for any period of  time.(1)

What this all boils down to is this:

• If you ONLY perform the battery activities identified in 273.13(a) and (c) and 273.33(a) and (c) you are a Universal Waste Handler, including the off-site facility that only performs those operations.
• If you ONLY accumulate Universal Waste and DO NOT treat, recycle, or dispose, you are a Universal Waste Handler.
• If you recycle a particular Universal Waste and you DO NOT store the waste, obtain an EPA ID Number, use a manifest, and comply with the recycling unit requirement in 262.6(d) you are a Recycler.
• If you do anything else with the Universal Waste, you require a 264 Part B permit and are a TSDF.

And, if you transport any quantity of universal waste, you must meet the universal waste transporter requirements (there is no de minimis exemption like the one in the Used Oil program) and if the UW meets the definition of a DOT hazardous material, it must be packaged, labeled, marked, placarded and a shipped with a shipping paper.  In Texas, the TCEQ does not require transporters of universal waste to be registered so a common carrier may be used.

Universal Waste: Off-Site Shipments - Sending to another UW-Handler

Talk about a confusing regulation...

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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