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

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

These are the best classes I attend each year. I always take something away and implement improvements at my sites.

Kim Racine

EH&S Manager

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

Brody Saleen

Registered Environmental Health Specialist

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

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

Kim Graham

Lab Manager

I like the consistency of Lion workshops. The materials are well put together and instructors are top notch!

Kevin Pylka

Permitting, Compliance & Environmental Manager

Convenient; I can train when I want, where I want.

Barry Cook

Hazmat Shipping Professional

The instructor was excellent. They knew all of the material without having to read from a notepad or computer.

Gary Hartzell

Warehouse Supervisor

The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly.

Brittany Holm

Lab Supervisor

Download Our Latest Whitepaper

What to do before, during, and after a RCRA hazardous waste inspection to defend your site from rising State and Federal penalties.

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.