Pillinger Miller Tarallo — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration July 2, 2024 1200 New Jersey Avenue, SE Washington, DC 20590 Fern B. Miller, Esquire Pillinger Miller Tarallo 1880 John F Kennedy Blvd Suite 1803 Philadelphia, PA 19103 Reference No. 24-0004 Dear Ms. Miller: This letter is in response to your January 15, 2024, email and subsequent phone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to elemental mercury. Specifically, you ask for clarification regarding the need for closure instructions when shipping 2,000 lbs. of “UN2809, Mercury” by motor vehicle in an 18.5-gallon non-specification reusable metal packaging. It is your understanding that for a non- bulk packaging allowed in § 173.164(d), “UN2809, Mercury” may be shipped in non- specification reusable metal packagings and, therefore, no closure instructions are required. Your understanding is correct. Closure instruction requirements in §§ 173.22(a)(4) and 178.2(c) apply to specification packagings only. A hazardous material properly described as “UN2809, Mercury” may be packaged in non-specification [emphasis added] reusable metal packagings as prescribed in § 173.164(d)(2) for transportation other than by aircraft. We note that “UN2809, Mercury” is subject to the HMR only when offered for transportation by aircraft or vessel unless the material is a hazardous substance or hazardous waste. Given the quantity of transport, it meets the definition of a hazardous substance and, therefore, is subject to the HMR when transported by motor vehicle. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Cardez 24-0004 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Letter of Interpretation Request Date: Wednesday, January 17, 2024 4:49:01 PM Hi Alice, Please see the below interpretation request. Let me know if you need anything. Regards, -Breanna From: Fern B. Miller <fmiller@pmtlawfirm.com> Sent: Monday, January 15, 2024 11:05 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Letter of Interpretation Request CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Good morning – I would like to request a formal letter of interpretation regarding the following: This letter is to seek clarification of the Hazardous Material Regulations, 49 CFR 171-180, regarding the need for closure instructions when shipping elemental mercury in a non-specification reusable metal container. My client is a recycler that removes and collects mercury from old lights and batteries and ships the mercury via common carrier over-the-road from their recycling facility to a company that retires the mercury, both located in the United States. The retiring facility supplies a 2204 lb. (metric ton) reusable metal container to be used to ship the elemental mercury. The manufacturer of the container advertises that the container satisfies the HM181 DOT requirements. There are no DOT or UN markings on the container. Closure instructions did not accompany the reusable metal container and the retiring company that provides the container advised that there were no instructions. I am seeking a letter of interpretation regarding whether closure instructions are required when shipping 2000 pounds of elemental mercury in a non-specification reusable metal container over-the-road by trailer. I have reviewed 49 CFR 173.164, 49 CFR 172.101, and 172 CFR 240. It is my understanding from telephone conversations with two different individuals at the Hazardous Materials section of the DOT, that a non-specification metal container is the appropriate container to use when shipping 2000 pounds of elemental mercury and that the Code of Federal Regulations (CFR), does not require closure instructions when shipping elemental mercury in this type of container. It is also my understanding that there is no requirement of the manufacturer or supplier of the container to provide closure instructions since this is a non-specification metal container. I am confused however by the requirements of 49 CFR 178.2(c) dealing with “Specifications for Packaging” and 49 CFR 173.22(4)(ii) “Shipper’s Responsibility”, as they relate to the need for and retention of closure instructions,#

Page 3and I am seeking clarification. Specifically, are the “closure instruction” requirements stated at 49 CFR 178.2(c)1(i) and 49 CFR 173.22(4)(ii) applicable to a non-specification metric ton reusable metal container transporting elemental mercury over-the-road in the United States. I appreciate any guidance you can give me whether closing instructions are required when shipping 2000 pounds of mercury in a non-specification reusable metal container. I may add that prior to being picked up, the container is placed on a pallet twice its weight, banded and then shrink wrapped to the pallet. Very truly yours, Fern B. Miller, Esquire Pillinger Miller Tarallo 1880 John F Kennedy Blvd, Suite 1803 Philadelphia, PA 19103 445.400.4570 fmiller@pmtlawfirm.com Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.#