Search
Search

Can CESQGs Use the Materials of Trade Rule?

Posted on 8/17/2011 by James Griffin

Q. I work in an R&D laboratory doing quality testing for a manufacturing plant at the other end of town. We are a conditionally exempt small quantity generator (CESQG) of hazardous waste, mostly ignitable spent solvents.
 
Our corporate EH&S specialist says we can use the Materials of Trade (MOT) rule to haul our hazardous waste across town and consolidate it with the manufacturing plant’s hazardous waste because it’s not “really” hazardous waste.
 
Can you explain what he’s talking about?
 
A. Certainly! We understand that you may be reluctant to try and ship your hazardous waste under the Materials of Trade (MOT) rule because the definition of material of trade (49 CFR 171.8) “means a hazardous material other than a hazardous waste…” But we assure you, the regulations are on your side this time.
 
Even though your waste exhibits the characteristic of ignitability (D001; 40 CFR 261.21) and the U.S. Environmental Protection Agency (EPA) considers it a hazardous waste, the U.S. Department of Transportation (DOT) does not.
 
The EPA’s rules for CESQG hazardous waste exclude your waste from 40 CFR Part 262, including the requirement to use a manifest. [40 CFR 261.5(b)] And if you do not need a hazardous waste manifest, then the DOT does not consider your waste to be hazardous waste. [49 CFR 171.8]
 
Therefore, your EH&S specialist is correct; provided you follow all the conditions specified at 49 CFR 173.6 for the materials of trade exception, you can use the MOT rule to transport your CESQG waste.
 

Tags: DOT, hazardous waste, hazmat shipping, RCRA

Find a Post

Recent Posts

Compliance Topics

Compliance Archives

Lion - Quotes

I love that the instructor emphasized the thought process behind the regs.

Rebecca Saxena

Corporate Product Stewardship Specialist

Best course instructor I've ever had. Funny, relatable, engaging; made it interesting and challenged us as the professionals we are.

Amanda Schwartz

Environmental Coordinator

I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.

Danny Province

EHS Professional

The instructor does a great job at presenting material in an approachable way. I have been able to save my company about $30,000 in the last year with what I have learned from Lion!

Curtis Ahonen

EHS&S Manager

This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions.

Amanda Oswald

Shipping Professional

If I need thorough training or updating, I always use Lion. Lion is always the best in both instruction and materials.

Bryce Parker

EHS Manager

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

The instructor was very engaging and helped less experienced people understand the concepts.

Steve Gall

Safety Leader

The instructor took a rather drab set of topics and brought them to life with realistic real-life examples.

Tom Berndt

HSE Coordinator

The price was reasonable, the time to complete the course was manageable, and the flexibility the online training allowed made it easy to complete.

Felicia Rutledge

Hazmat Shipping Professional

Download Our Latest Whitepaper

Your hazmat paperwork is the first thing a DOT inspector will ask for during an inspection. From hazmat training records to special permits, make sure your hazmat documents are in order.

Download
Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.