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 had a positive experience utilizing this educational program. It was very informative, convenient, and rewarding from a career perspective.

John Gratacos

Logistics Manager

Very good. I have always appreciated the way Lion Tech develops, presents and provides training and materials.

John Troy

Environmental Specialist

The online course was well thought out and organized, with good interaction between the student and the course.

Larry Ybarra

Material Release Agent

Our instructor was very dynamic and kept everyone's interest. Hazmat shipping can be a dry, complicated topic but I was engaged the entire time.

Kimberly Arnao

Senior Director of EH&S

Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again.

Lawrence Patterson

EH&S Facility Maintenance & Security Manager

Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.

John Hutchinson

Senior EHS Engineer

I really enjoy your workshops. Thank you for such a great program and all the help Lion has provided me over the years!

George Chatman

Hazardous Material Pharmacy Technician

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

Kim Graham

Lab Manager

The instructor made the class enjoyable. He presented in a very knowledgeable, personable manner. Best class I've ever attended. Will take one again.

John Nekoloff

Environmental Compliance Manager

Download Our Latest Whitepaper

Explore ten hazardous waste management errors that caused generators in California the most trouble last year.

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.