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 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

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

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

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 instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

Lion's information is very thorough and accurate. Presenter was very good.

Melissa Little

Regulatory Manager

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

I tried other environmental training providers, but they were all sub-standard compared to Lion. I will not stray from Lion again!

Sara Sills

Environmental Specialist

This course went above my expectations from the moment I walked in the door. The instructor led us through two days packed with useful compliance information.

Rachel Stewart

Environmental Manager

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

Download Our Latest Whitepaper

Use this guide as a quick reference to the most common HAZWOPER questions, and get course recommendations for managers and personnel who are in need of OSHA-required HAZWOPER training.

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.