Question received 11.22.21:

Hi Daniel,

Wondering if you have time to help with a quick question.

I am an individual homeowner, not contractor or company.

I would like to ship 24 quart cans of leftover paint by ground transport from my City, Arizona home to my City, California home. I found out that this seems to be UN1263 and falls under packing group II or III.

It is not clear if I can claim a small quantity or limited quantity or or ORM-D exclusion, so I am just planning to mail it using UN Specification Packaging:

https://bascousa.com//hazmat-packaging-with-foam-and-quart-paint-cans-4g-4q.html

I was hoping to use UPS Ground, but it is not clear from their website if I need to first establish an account and obtain hazmat shipping clearance for that account before I can use them. Same for Fedex Ground.

Would you know which shipping company might be my best bet?

Thank you,

My reply 11.22.21:

Thank you for contacting me. I will try to answer your questions below.

• I presume your classification is: UN1263, Paint, 3, PG II or III.
  • The packing group (PG) depends upon the paint’s flash point and initial boiling point which can be found on the safety data sheet.
• The USDOT regulations for HazMat transportation apply only to transportation of a HazMat when “in commerce”, i.e., “by, or for, a business”.
  • As a homeowner, your self-transport of HazMat, e.g., bringing paint home from the store, is not subject to USDOT regulations.
  • However, transport of your HazMat by UPS or some other commercial carrier makes it “in commerce” and therefore subject to USDOT regulation.

Read: What does USDOT mean by “in commerce”?

• The type and quantity of HazMat you indicate (24 x 1 qt) is eligible for the limited quantity exception.
• My understanding of the requirements of commercial carriers such as UPS and FedEx is that a limited quantity of HazMat does not require a commercial account and can be done by a homeowner such as your self.
• The UN Standard packaging you indicate is not required for a limited quantity by ground, but is not a bad idea. Any strong, sturdy outer packaging will suffice.

I suggest you contact UPS or FedEx and inform them you are non-commercial and have a limited quantity of UN1263 for transport by ground within the U.S. You may also bring it into a UPS or FedEx store – or some other “Pack & Ship” business to assist you.

I hope this helps. Please contact me with any other questions.

Conclusion:

I usually receive questions from businesses or government agencies. This situation involving a private homeowner was different but still addressed by the Hazardous Materials Regulations of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).