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Interpretation Response #01-0036 ([New York State Department of Environmental Conservation] [Mr. Thomas Corbett])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: New York State Department of Environmental Conservation

Individual Name: Mr. Thomas Corbett

Location State: NY Country: US

View the Interpretation Document

Response text:

APR 13, 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 answer 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,

John A. Gale

Transportation Regulations Specialist

Office of Hazardous Materials Standards

173.164

Regulation Sections

Section Subject
173.164 Mercury (metallic and articles containing mercury)