26.13.10.22

.22 Standards for Universal Waste Transporters.

A. Applicability. This regulation applies to universal waste transporters as defined in COMAR 26.13.01.03B.

B. Prohibitions. A universal waste transporter:

(1) May not dispose of universal waste; and

(2) Except as provided in §E of this regulation, may not dilute or treat universal waste.

C. Waste Management.

(1) For any universal waste that meets the definition of hazardous material in 49 CFR §171.8, or that meets the criteria for one or more hazard classes specified in 49 CFR §173.2, a universal waste transporter shall comply with all applicable U.S. Department of Transportation regulations in 49 CFR 171—180.

(2) Because shipments of universal waste are not required to be accompanied by a hazardous waste manifest:

(a) Universal waste is not considered hazardous waste for purposes of U.S. Department of Transportation regulations; and

(b) A person may not:

(i) Describe universal waste by the U.S. Department of Transportation proper shipping name "hazardous waste, (l) or (s), n.o.s."; and

(ii) Modify the hazardous material's proper shipping name by adding the word "waste".

D. Storage Time Limits.

(1) A universal waste transporter may not store a given item of universal waste at a universal waste transfer facility for more than 10 days.

(2) If a universal waste transporter stores a given item of universal waste for more than 10 days, the transporter:

(a) Becomes a universal waste handler; and

(b) Shall comply with the applicable requirements of Regulations .11—.21 of this chapter while storing the universal waste.

E. Response to Releases. A universal waste transporter shall:

(1) Immediately contain all releases of universal wastes and other residues from universal wastes; and

(2) Determine whether any material resulting from a release associated with the management of universal waste is hazardous waste, and if it is, manage the hazardous waste in compliance with all applicable requirements of COMAR 26.13.01—26.13.10.

F. Off-Site Shipments.

(1) A universal waste transporter may not transport the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination.

(2) If a universal waste being shipped off-site meets the U.S. Department of Transportation's definition of hazardous materials under 49 CFR §171.8, the transporter shall ensure that the shipment is properly described on a shipping paper in accordance with the applicable U.S. Department of Transportation regulations under 49 CFR 172.

G. Exports. A universal waste transporter transporting a shipment of universal waste to a foreign destination outside the United States which is:

(1) In one of the countries of the Organization for Economic Cooperation and Development (OECD) specified in 40 CFR §262.58(a)(1), shall comply with the requirements of COMAR 26.13.03.07-5;

(2) Not in one of the countries of the Organization for Economic Cooperation and Development (OECD) specified in 40 CFR §262.58(a)(1):

(a) May not accept a shipment if the transporter knows that the shipment does not conform to the EPA Acknowledgment of Consent;

(b) Shall ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment; and

(c) Shall ensure that the shipment is delivered to the facility that has been designated by the person initiating the shipment.