[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR273.38]

[Page 430-431]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                   CHAPTER I--ENVIRONMENTAL PROTECTION
                           AGENCY (CONTINUED)
 
PART 273--STANDARDS FOR UNIVERSAL WASTE MANAGEMENT--Table of Contents
 
   Subpart C--Standards for Large Quantity Handlers of Universal Waste
 
Sec. 273.38  Off-site shipments.

    (a) A large 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.
    (b) If a large quantity handler of universal waste self-transports 
universal waste off-site, the handler becomes a universal waste 
transporter for those self-transportation activities and must comply 
with the transporter requirements of subpart D of this part while 
transporting the universal waste.
    (c) If a universal waste being offered for off-site transportation 
meets the definition of hazardous materials under 49 CFR 171 through 
180, a large quantity handler of universal waste must package, label, 
mark and placard the shipment, and prepare the proper shipping papers in 
accordance with the applicable Department of Transportation regulations 
under 49 CFR parts 172 through 180;

[[Page 431]]

    (d) 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.
    (e) If a large quantity handler of universal waste sends a shipment 
of universal waste to another handler or to a destination facility and 
the shipment is rejected by the receiving handler or destination 
facility, the originating handler must either:
    (1) Receive the waste back when notified that the shipment has been 
rejected, or
    (2) Agree with the receiving handler on a destination facility to 
which the shipment will be sent.
    (f) A large quantity handler of universal waste may reject a 
shipment containing universal waste, or a portion of a shipment 
containing universal waste that he has received from another handler. If 
a handler rejects a shipment or a portion of a shipment, he must contact 
the originating handler to notify him of the rejection and to discuss 
reshipment of the load. The handler must:
    (1) Send the shipment back to the originating handler, or
    (2) If agreed to by both the originating and receiving handler, send 
the shipment to a destination facility.
    (g) If a large quantity 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.
    (h) If a large quantity 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.