Section 673.52. Waste management.

 

(1)  A universal waste transporter shall comply with all applicable U.S. department of transportation regulations in 49 CFR parts 171 to 180 for transport of any universal waste that meets the definition of hazardous material in 49 CFR 171.8 . For purposes of the U.S. department of transportation regulations, a material is considered a hazardous waste if it is subject to the EPA hazardous waste manifest requirements in 40 CFR part 262 . Because universal waste does not require a hazardous waste manifest, it is not considered hazardous waste under the U.S. department of transportation regulations.

(2)  Some universal waste materials are regulated by the U.S. 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 part 262 , they may not be described by the U.S. department of transportation 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".

CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.