{"operation":"document","citation":"01-0036","title":"New York State Department of Environmental Conservation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-04-13","effective_on":null,"summary":"01-0036 response to New York State Department of Environmental Conservation concerning 173.164.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0036.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0036.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0036","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010036.pdf","body":"<<>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nResearch and\nSpecial Programs\nAdministration\nAPR 1 3 2001\nMr. Thomas Corbett\nRef. No. 01-0036\nNew York State Department of\nEnvironmental Conservation\nDiv. of Solid and Hazardous Materials, Region 9\n270 Michigan Avenue\nBuffalo, NY 14203-2999\nDear Mr. Corbett:\nThis is in response to your letter dated January 25, 2001, requesting clarification on the applicability of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transport of mercury\nswitches. In your letter you describe automotive mercury switches, each containing less than 1 gram of\nmercury, packaged in a plastic inner receptacle containing up to 0.98 pounds of mercury (450\nswitches), further packed in a fiberboard box. Specifically, you ask if automotive mercury switches,\npackaged in the described configuration are subject to the HMR when transported by highway.\nThe answér is no. As indicated by the letter \"A\" in Column 1 of the Hazardous Materials Table\n(HMT), \"Mercury contained in manufactured articles\", UN 2809, is subject to\nthe HMR when transported by aircraft. It is regulated in other modes, such as by motor vehicle, only\nwhen it meets the definition in § 171.8 for a hazardous substance or hazardous waste. Mercury has an\nRQ of one pound. Therefore, a package containing 0.98 pounds of mercury. would not meet the\ndefinition of a hazardous substance. Based on the information provided in your letter the switches do\nnot meet the definition of a hazardous substance or hazardous waste and therefore are not subject to\nthe HMR, unless transported by aircraft.\nI hope this satisfies your request.\nSincerely,\nTransportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<>>\n\nNew York State Department of Environmental Conservation\n*: Division of Solid and Hazardous Materials, Region 9\n270 Michigan Avenue, Buffalo, New York, 14203-2999\nWebsite: www.state.ny.us\nPhone: (716) 851-7220 • FAX: (716) 851-7226\nEnOrUM\n8173.164\nJohn P. Cahill\nCommissioner\nApplicability\n01-0036\nJanuary 25, 2001\nMr. Delmer F. Billings\nChief, Regulations Development\nOffice of Hazardous Materials Standards\nU.S. Department of Transportation\n400 Seventh Street S. W.\nWashington D.C. 20590\nDear Mr. Billings:\nthe classification of automotive mercury switches under the Hazardous Materials Regulations (HMR;\nThis letter is requesting a written confirmation from the Department of Transportation (DOT) on\nswitch packaging and transportation were discussed with the hotline technical staff. A confirmation of\nCFR Parts 171-180). I have made several calls to the DOT telephone hotline where details of proposed\nthe determination that the switches are excluded from regulation under (DOT) Regulation 49 CFR\n173.164 is requested.\nThe mercury switches in question are automotive convenience light switches found in end-of-life\nautomobiles. The New York State Department of Environmental Conservation is developing a switch\ncollection program for automotive recycling yards that would allow the yards to use a pre-paid mailer\npackage to ship the switches to a collection/recycling facility. Each yard that will participate in the\nprogram and each yard that ships automotive mercury switches to the collection/recycling facility must\nhazardous waste.\nprovide written certification that they are a Conditionally Exempt Sinall Quantity Generator (CESQG) of\nIn conversations with DOT staff, I indicated that the manufacturers specifications and our\nindependent analysis both confirm that automotive mercury switches contain less than 1000 mg per\nswitch. I also stated that the shippers of the switches would be certified as CESQG's and that no\nhazardous waste manifests are required. The DOT hotline staff indicated that mercury containing\ndevices that have less than 1000 mg of mercury are excluded from DOT shipping requirements provided\nthat:\nEach package of the mercury containing devices (each <1000 mg of mercury) must contain\n<1 Ib net weight of mercury,\n:\nEach shipper qualifies as a CESQG of hazardous waste,\nThe exclusion applies only to shipping via highway,\n\n<<>>\n\n•\nThere is no limit on the number of < 1 Ib net mercury packages that may be shipped on the same\n•\nThe <1 Ib net mercury packages may be placed in a larger secondary container provided the inner\ncontainers are of sufficient strength to be shipped as individual packages.\nDetails of the proposed NYSDEC automotive mercury switch collection are as follows:\n•\nNo leaking or damaged switches may be placed in the shipping container; no traces of elemental\nmercury are allowed.\nEach shipper must include a CESQG certification with each package of switches.\npound.\nThe container with 450 switches will keep the net weight of mercury in the container below 1\n•\nThe switches will be placed in a zip-lock plastic bag before being placed in the molded plastic\ncontainer.\n:\nThe molded plastic container will be placed inside a standard fiberboard shipping box.\nEach box will have pre-paid shipping via UPS ground to the collection/recycling facility.\nThe following graphics are supplied to illustrate the automotive mercury switch and part of our\nproposed packaging:\n‹1 gram of mercury in each\nAutomotive Mercury Switch\n450 automotive mercury switches (98 Ibs of mercury) in container. Switches will be put in zip-lock\nplastic bag, placed in the plastic container with lid, and the closed container vill be placed into a\nfiberboard box to make the complete package.\n\n<<>>\n\n•\nIf you have any questions, please contact me at 716/851-7220.\nSincerely,\n716-851-7855\nThomas 9. Contest\nThomas Corbett\nEnvironmental Chemist II\nTC:Ij\n\n<<>>\n\nINTERSTATE BATTERIES Nati\nCALL 1-800-CRANK 11\nFOR A DEALER NEAR YOL\n0 /\n\n<<>>\n\n\n\n<<>>\n\n- '\n\n<<>>\n\n\n\n<<>>\n\n\n\n<<>>\n\n\n\n<<>>\n\n\n\n<<>>\n\nJEE arale.\nemant mund","truncated":false,"body_characters":5911}