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Q&A: How can I use the Materials of Trade exception to transport HazMat?

Q&A: How can I use the Materials of Trade exception to transport HazMat?

From the regulated community (02.02.17):

Hi Daniel,
I just read your great article on the MOT Exemption. It was the best I found online! I do have two questions, though. If I was to transport unopened cans of paint (1 gallon each) from one of my facilities to a paint recycling center using my vehicle would that be eligible for the MOT Exemption? Also, if one of our employees purchased paint at Home Depot and then brought it back to the facility using his or her vehicle, would that also qualify for the MOT Exemption? Thank you for your help. I have limited experience in DOT and these are some questions that keep coming up.

Best Regards,

My reply that same day:Small amount of HazMat in vehicle

Thank you for contacting me.  I’m glad you liked my article.  Please see below for answers to your questions.

  • If the paint being taken to the recycling center is a hazardous waste (possibly D001 for Ignitability) then it cannot be transported under the Materials of Trade exception.
  • If the paint is a latex paint or does not otherwise meet the DOT definition of a hazardous material, then it is not subject to regulation at all.
  • Paint purchased at a store and transported by an employee for a business is subject to DOT regulations.  The transport of a hazardous material in this situation would be covered by the Materials of Trade exception.  However, per the bullet point above, perhaps the paint is not a hazardous material at all?
  • The use of a personal vehicle does not change the status of the material under the Hazardous Materials Regulations of the DOT.  If the HazMat is being transported by or for a business or public agency it is subject to the HMR.
I hope this helps!
That was the end of it!