Materials of Trade Exception

Q&A: Can I self-transport lithium batteries for disposal?

Q&A: Can I self-transport lithium batteries for disposal?

A phone call and email on May 11, 2020:

Hi Daniel,

We talked for a few minutes today about the regulations for transporting lithium batteries for disposal. Just as a reminder, I asked if our company would be required to follow the DOT packaging and labeling requirements if we are picking up batteries at various facilities within our company and then transporting them to a recycling/disposal site ourselves.

Thanks for your time and your help!

My reply that same day:

Please see below.Container of universal waste batteries

  • I presume the operations you refer to are subject to the regulations of USEPA, USDOT, & your state. They may not be.
    • There is an exclusion from regulation from USEPA regulations for Household Waste. Your state will likely have a similar exclusion.
    • USDOT/PHMSA regulations only apply to the transportation “in commerce” of a hazardous material. “In commerce” means the transport is by or for a business.
    • USDOT/PHMSA regulations also apply when the transportation is on a public road. The regulations are not applicable if transportation is solely within your facility, e.g., a wide-spread campus with its own road system (not public roads).
  • USEPA and likely your state regulate spent lithium batteries as a universal waste.
  • USDOT allows a private shipper to transport its own HazMat (including lithium batteries as a universal waste) with minimal regulations under the Materials of Trade exception.

Contact me with any questions you may have about the transportation of lithium batteries by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

By complying with the minimal regulations of USEPA, your state, and USDOT, you can easily self-transport lithium batteries – and other HazMat – for consolidation and disposal.

I hope this helps. Please don’t hesitate to contact me with any other questions.

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!