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

Page 1of 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 2New 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 5INTERSTATE BATTERIES Nati CALL 1-800-CRANK 11 FOR A DEALER NEAR YOL 0 /#

Page 7- '#

Page 12JEE arale. emant mund#