# New York State Department of Environmental Conservation — Hazardous Materials Safety Interpretation

**Citation:** 01-0036  
**Type / status:** guidance / guidance  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2001-04-13

01-0036 response to New York State Department of Environmental Conservation concerning 173.164.

## Document text

<<<PAGE 1>>>

of Transportation
U.S. Department
400 Seventh Street, S.W.
Washington, D.C.
20590
Research and
Special Programs
Administration
APR 1 3 2001
Mr. Thomas Corbett
Ref. No. 01-0036
New York State Department of
Environmental Conservation
Div. of Solid and Hazardous Materials, Region 9
270 Michigan Avenue
Buffalo, NY 14203-2999
Dear Mr. Corbett:
This is in response to your letter dated January 25, 2001, requesting clarification on the applicability of
the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transport of mercury
switches. In your letter you describe automotive mercury switches, each containing less than 1 gram of
mercury, packaged in a plastic inner receptacle containing up to 0.98 pounds of mercury (450
switches), further packed in a fiberboard box. Specifically, you ask if automotive mercury switches,
packaged in the described configuration are subject to the HMR when transported by highway.
The answér is no. As indicated by the letter "A" in Column 1 of the Hazardous Materials Table
(HMT), "Mercury contained in manufactured articles", UN 2809, is subject to
the HMR when transported by aircraft. It is regulated in other modes, such as by motor vehicle, only
when it meets the definition in § 171.8 for a hazardous substance or hazardous waste. Mercury has an
RQ of one pound. Therefore, a package containing 0.98 pounds of mercury. would not meet the
definition of a hazardous substance. Based on the information provided in your letter the switches do
not meet the definition of a hazardous substance or hazardous waste and therefore are not subject to
the HMR, unless transported by aircraft.
I hope this satisfies your request.
Sincerely,
Transportation Regulations Specialist
Office of Hazardous Materials Standards

<<<PAGE 2>>>

New York State Department of Environmental Conservation
*: Division of Solid and Hazardous Materials, Region 9
270 Michigan Avenue, Buffalo, New York, 14203-2999
Website: www.state.ny.us
Phone: (716) 851-7220 • FAX: (716) 851-7226
EnOrUM
8173.164
John P. Cahill
Commissioner
Applicability
01-0036
January 25, 2001
Mr. Delmer F. Billings
Chief, Regulations Development
Office of Hazardous Materials Standards
U.S. Department of Transportation
400 Seventh Street S. W.
Washington D.C. 20590
Dear Mr. Billings:
the classification of automotive mercury switches under the Hazardous Materials Regulations (HMR;
This letter is requesting a written confirmation from the Department of Transportation (DOT) on
switch packaging and transportation were discussed with the hotline technical staff. A confirmation of
CFR Parts 171-180). I have made several calls to the DOT telephone hotline where details of proposed
the determination that the switches are excluded from regulation under (DOT) Regulation 49 CFR
173.164 is requested.
The mercury switches in question are automotive convenience light switches found in end-of-life
automobiles. The New York State Department of Environmental Conservation is developing a switch
collection program for automotive recycling yards that would allow the yards to use a pre-paid mailer
package to ship the switches to a collection/recycling facility. Each yard that will participate in the
program and each yard that ships automotive mercury switches to the collection/recycling facility must
hazardous waste.
provide written certification that they are a Conditionally Exempt Sinall Quantity Generator (CESQG) of
In conversations with DOT staff, I indicated that the manufacturers specifications and our
independent analysis both confirm that automotive mercury switches contain less than 1000 mg per
switch. I also stated that the shippers of the switches would be certified as CESQG's and that no
hazardous waste manifests are required. The DOT hotline staff indicated that mercury containing
devices that have less than 1000 mg of mercury are excluded from DOT shipping requirements provided
that:
Each package of the mercury containing devices (each <1000 mg of mercury) must contain
<1 Ib net weight of mercury,
:
Each shipper qualifies as a CESQG of hazardous waste,
The exclusion applies only to shipping via highway,

<<<PAGE 3>>>

•
There is no limit on the number of < 1 Ib net mercury packages that may be shipped on the same
•
The <1 Ib net mercury packages may be placed in a larger secondary container provided the inner
containers are of sufficient strength to be shipped as individual packages.
Details of the proposed NYSDEC automotive mercury switch collection are as follows:
•
No leaking or damaged switches may be placed in the shipping container; no traces of elemental
mercury are allowed.
Each shipper must include a CESQG certification with each package of switches.
pound.
The container with 450 switches will keep the net weight of mercury in the container below 1
•
The switches will be placed in a zip-lock plastic bag before being placed in the molded plastic
container.
:
The molded plastic container will be placed inside a standard fiberboard shipping box.
Each box will have pre-paid shipping via UPS ground to the collection/recycling facility.
The following graphics are supplied to illustrate the automotive mercury switch and part of our
proposed packaging:
‹1 gram of mercury in each
Automotive Mercury Switch
450 automotive mercury switches (98 Ibs of mercury) in container. Switches will be put in zip-lock
plastic bag, placed in the plastic container with lid, and the closed container vill be placed into a
fiberboard box to make the complete package.

<<<PAGE 4>>>

•
If you have any questions, please contact me at 716/851-7220.
Sincerely,
716-851-7855
Thomas 9. Contest
Thomas Corbett
Environmental Chemist II
TC:Ij

<<<PAGE 5>>>

INTERSTATE BATTERIES Nati
CALL 1-800-CRANK 11
FOR A DEALER NEAR YOL
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- '

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JEE arale.
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## Provenance

- Official: Yes
- Source: <https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010036.pdf>
- Source ID: `phmsa`
- SHA-256: `22f077e75ea451123737fd00dbcfacc4c2651cdb01aec6f3af96d8717bfe25cc`
- Retrieved: 2026-08-20T00:59:31.977Z
- Exported: 2026-08-23T09:11:43.018Z
- Document slug: `phmsa-interpretation-01-0036`

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