W. Va. Code R. § 150-11-8

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-11-8 - Standards for Universal Waste Transporters

8.1. Applicability. This Section applies to persons engaged in the off-site transportation by rail of universal waste (as defined in 40 CFR 273.6, as incorporated by reference in Section 13 of 33 CSR 20).

8.2. Prohibitions. A universal waste transporter is:

8.2.a. Prohibited from disposing of universal waste; and

8.2.b. Prohibited from diluting or treating universal waste, except by responding to releases as provided in 40 CFR 273.54, as incorporated by reference in Section 13 of 33 CSR 20.

8.3. Waste Management.

8.3.a. A universal waste transporter must comply with all applicable U.S. Department of Transportation regulations in 49 CFR Part 171 through 180 for transport of any universal waste that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the Hazardous Waste_Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR Part 262. Because universal waste does not require a hazardous waste manifest, it is not considered a hazardous waste under the Department of Transportation regulations.

8.3.b. Some universal waste materials are regulated by the Department of Transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments do not require a manifest under 40 CFR 262, they may not be described by the DOT proper shipping name "hazardous waste, (l) or (s), n.o.s.," nor may the hazardous material's proper shipping name be modified by adding the word "waste."

8.4. Storage time limits.

8.4.a. A universal waste transporter may only store the universal waste at a universal waste transfer facility for ten days or less.

8.4.b. If a universal waste transporter stores universal waste for more than ten days, the transporter becomes a universal waste handler and must comply with the applicable requirements of 40 CFR Part 273, Subparts B and C, as incorporated by reference in Section 13 of 33 CSR 20 while storing the universal waste.

8.5. Response to releases.

8.5.a. A universal waste transporter must immediately contain all releases of universal wastes and other residues from universal wastes.

8.5.b. A universal waste transporter must determine whether any material resulting from the release is hazardous waste, and if so, it is subject to all applicable requirements of Sections 1 through 7 of these regulations and the West Virginia Department of Environmental Protection Rules implementing the Hazardous Waste Management Act (33 CSR 20). If the waste is determined to be a hazardous waste, the transporter is subject to Section 5 of 33 CSR 20.

8.6. Off-site shipments.

8.6.a. A universal waste transporter is prohibited from transporting the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination.

8.6.b. If the universal waste being shipped off-site meets the Department of Transportation's definition of hazardous materials under 49 CFR 171.8, the shipment must be properly described on a shipping paper in accordance with the applicable Department of Transportation regulations under 49 CFR Part 172.

8.7. Exports. A universal waste transporter transporting a shipment of universal waste to a foreign destination other than to those OECD countries specified in 40 CFR 262.58(a)(1) (in which case the transporter is subject to the requirements of 40 CFR Part 262, Subpart H) may not accept a shipment if the transporter knows the shipment does not conform to the EPA Acknowledgment of Consent. In addition the transporter must ensure that:

8.7.a. A copy of the EPA Acknowledgment of Consent accompanies the shipment; and

8.7.b. The shipment is delivered to the facility designated by the person initiating the shipment.

W. Va. Code R. § 150-11-8