Can hazardous material carried by a sales person qualify for a material of trade exception in § 173.6? Can a small quantity generator of hazardous waste use the material of trade exception?
A. In order to take advantage of the material of trade exception, criteria in the definition for material of trade in § 171.8 must be met. Material of trade means a hazardous material, other than a hazardous waste, that is carried on a motor vehicle for the purpose of: (1) protecting the health and safety of the motor vehicle operator or passengers; (2) for the purpose of supporting the operation or maintenance of motor vehicle; or (3) by a private motor carrier in direct support of a principal business that is other than transportation by motor vehicle. A sales person’s primary responsibility is not transportation; therefore, a hazardous material being carried by the sales person may qualify for the materials of trade exception if all the requirements of § 173.6 are met. With regard to hazardous wastes, a small quantity generator is excepted from the manifest requirements of 40 CFR Part 262; therefore, a hazardous material carried by a small quantity generator would not meet the defin
Related Questions
- I own a small company and we need to be able to transport hazardous material to and from job sites using a pickup with placards. I have a hazmat endorsement, but do my drivers need one, too?
- Can hazardous material carried by a sales person qualify for a material of trade exception in § 173.6? Can a small quantity generator of hazardous waste use the material of trade exception?
- Is there an exception from the placarding requirements for small loads of hazardous materials?
