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

Lion courses are the standard to which all other workshops should strive for!

Brody Saleen

Registered Environmental Health Specialist

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

Lion is at the top of the industry in compliance training. Course content and structure are updated frequently to make annual re-training enjoyable. I like that Lion has experts that I can contact for 1 year after the training.

Caroline Froning

Plant Chemist

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

I can't say enough how pleased I was with this course! Everything finally makes sense.

Kim Graham

Lab Manager

The instructor was very dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information.

Stephanie Venn

Inventory Control Specialist

The workshop covered a lot of information without being too overwhelming. Lion is much better, more comprehensive than other training providers.

George Alva

Manufacturing Manager

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

Steve Gall

Safety Leader

Download Our Latest Whitepaper

Just starting out with shipping lithium batteries? The four fundamental concepts in this guide are the place to start.

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.