{"operation":"document","citation":"PHMSA Guidance, PHMSA Safety Advisory Notice: Transportation of Electric Vehicles Containing Lithium Batteries Damaged by Extreme Weather Events","title":"PHMSA Safety Advisory Notice: Transportation of Electric Vehicles Containing Lithium Batteries Damaged by Extreme Weather Events","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-04-07","effective_on":"2023-04-07","summary":"PHMSA Safety Advisory Notice: Transportation of Electric Vehicles Containing Lithium Batteries Damaged by Extreme Weather Events Document PHMSA-Safety-Advisory-Transportation-of-EVs-Lithium-Batteries-April-2023.pdf (257.04 KB) PHMSA published a Safety Advisory Notice on the \"Transportation of Electric Vehicles Containing Lithium Batteries Damaged by Extreme Weather Events\" to serve as a reminder of PHMSA's current re","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-safety-advisory-notice-transportation-electric-vehicles-containing-lithium-batteries-damaged-by-extreme-weather-events-0a149fcf.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-safety-advisory-notice-transportation-electric-vehicles-containing-lithium-batteries-damaged-by-extreme-weather-events-0a149fcf.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-safety-advisory-notice-transportation-electric-vehicles-containing-lithium-batteries-damaged-by-extreme-weather-events-0a149fcf","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/phmsa-safety-advisory-notice-transportation-electric-vehicles-containing-lithium-batteries-damaged-by-extreme-weather-events","body":"PHMSA Safety Advisory Notice: Transportation of Electric Vehicles Containing Lithium Batteries Damaged by Extreme Weather Events\n\nDocument\n\n PHMSA-Safety-Advisory-Transportation-of-EVs-Lithium-Batteries-April-2023.pdf (257.04 KB)\n\n        PHMSA published a Safety Advisory Notice on the \"Transportation of Electric Vehicles Containing Lithium Batteries Damaged by Extreme Weather Events\" to serve as a reminder of PHMSA's current requirements under the Hazardous Materials Regulations for transport and shipment of electric vehicles powered by installed lithium batteries that may have been damaged due to submersion in flood waters during extreme weather events.\n\n          Issued Date: Friday, April 7, 2023\n\n<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nSafety Advisory Notice1\n– Transportation of Electric Vehicles Containing\nLithium Batteries Damaged by Extreme Weather Events\nI. Summary and Purpose\nThe U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) is issuing this safety advisory notice to inform the public and raise\nawareness of the risks involved in the transportation of electric vehicles (EVs) powered by\ninstalled lithium batteries that may have been damaged due to submersion in waters during\nextreme weather events. When transported in commerce, EVs containing these damaged\nbatteries may present particularly significant hazards to the public, including property damage,\ninjury, and even death. Our intention with this notice is to prevent those things from happening.\nFurthermore, PHMSA wishes to remind potential shippers of EVs—including vehicle owners,\nsalvage companies, and vehicle transport companies—that they have a responsibility to assess\nEVs for potential damage to their installed lithium batteries and to observe the specific\nrequirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for both the\ntransportation of EVs containing lithium batteries, and for the transportation of damaged and/or\ndefective lithium batteries in commerce.\nII. Supplementary Information\nPHMSA’s mission is to protect people and the environment by advancing the safe transportation\nof hazardous materials in commerce. To achieve this mission, PHMSA works with its modal\npartner agencies to establish national policy, set and enforce regulations (published in the HMR),\neducate stakeholders, and conduct research to prevent hazardous materials incidents.\nAdditionally, federal hazardous materials law authorizes the Secretary of Transportation (the\nSecretary) to “prescribe regulations for the safe transportation, including security, of hazardous\nmaterials in intrastate, interstate, and foreign commerce” 49 U.S.C. 5103(b)(1). The Secretary\nhas delegated this authority to PHMSA in 49 CFR 1.97(b). PHMSA’s regulations (i.e., the\nHMR) are designed to achieve three primary goals:\n1. Ensure that hazardous materials are packaged and handled safely and securely during\ntransportation.\n1 This document contains guidance provided to help the regulated community understand how to comply with\nregulations but its contents are not substantive rules themselves and do not create legally enforceable rights, assign\nduties, or impose new obligations not otherwise contained in the existing regulations and standards.\n1\n\n<<<PAGE 2>>>\n\n2. Effectively communicate the hazards of the materials being transported to transportation\nworkers and emergency responders.\n3. Minimize the consequences of an accident or incident should one occur.\nAs part of its safety mission, PHMSA regulates the transportation of lithium batteries, including\nthose that are installed in or are intended for use in EVs.2 Lithium batteries pose a risk in\ntransportation, and the HMR contain provisions3 intended to address the risk in transport and\nensure safety of the public whether the lithium batteries are installed in an EV being transported\nor are transported separately. Damaged or defective lithium batteries pose a unique risk because\nthey are more likely to experience thermal runaway and ignite during transportation.4\nConsequently, shipments of damaged or defective lithium batteries have additional restrictions—\nsee 49 CFR 173.185(f)—compared to newly manufactured, used, or undamaged/properly\nfunctioning batteries. It should also be noted that damaged, defective, or recalled lithium\nbatteries must be prepared for shipment in accordance with the relevant provisions of the HMR\nand may be shipped only by highway, rail, or vessel transportation and are strictly forbidden for\ncommercial transportation by aircraft.\nThere have been fires associated with lithium batteries installed in EVs that were submerged in\nfloodwaters following extreme weather events. Saltwater is especially harmful to lithium\nbatteries as residual salt within the battery or battery components can form conductive bridges\nthat can lead to short circuit and self-heating of the battery, resulting in fires. The time frame in\nwhich a damaged battery can ignite varies, from days to weeks, and EV battery fires can be\nextremely time- and resource-intensive for responders. In addition, responders face safety risks\nrelated to the emission of toxic and flammable gases from damaged lithium batteries, and the\nunpredictability of thermal runaway and reignition. As such, lithium batteries from EVs that\nhave experienced flooding or other exposure to the elements in a manner other than designed are\nat significant risk of damage, resulting in elevated potential for producing a dangerous evolution\nof heat, fire, or short circuit.\nPHMSA understands that assessing whether a battery is damaged may require input from the\nmanufacturer and recommends that shippers consult with the manufacturer of the battery to assist\nin such a determination. However, it is ultimately the shipper’s responsibility to determine when\na battery is damaged and therefore requires additional consideration for packaging and\ntransportation. Specifically, in accordance with 49 CFR 173.22(a), the shipper must properly\nclass and describe the hazardous material being offered for transportation and determine whether\nthe packaging or container is an authorized packaging. In addition, shippers are forbidden from\noffering for transportation or transporting electrical devices, such as batteries and battery-\npowered devices—including EVs—that are likely to create sparks or generate a dangerous\nevolution of heat, unless packaged in a manner which precludes such an occurrence. See 49 CFR\n173.21(c).\n2 49 C.F.R. 173.220(d).\n3 See §§ 173.185; 173.220; 176.905; and 177.823\n4 See “Safety issues of defective lithium-ion batteries: identification and risk evaluation (osti.gov)” at:\nhttps://www.osti.gov/pages/biblio/1660162\n\n<<<PAGE 3>>>\n\nLastly, when movement of an EV with a damaged lithium battery on a motor vehicle is\nnecessary to protect life or property in an emergency, certain requirements of the HMR are\nwaived. See 49 CFR 177.823(a)(3). Additionally, the National Highway Traffic Safety\nAdministration has published guidance on their website5 for towing and recovery operators and\nvehicle storage facilities that describes how to properly handle EVs in the event of damage, fire,\nor flooding.\nWhat are the packaging and marking requirements to transport damaged, defective, and\nrecalled lithium batteries? See 49 CFR 173.185(f):\n• Place the battery in an individual, non-metallic inner packaging that completely encloses\nthe battery.\n• Surround the inner packaging with non-combustible, electrically non-conductive, and\nabsorbent cushioning material.\n• Place each inner packaging into its own specification outer packaging rated to the\nPacking Group I performance level. This means only one damaged, defective, or recalled\nbattery per inner packaging, and only one inner packaging per outer packaging.\n• Mark the outer packaging as “Damaged/defective” and identify the battery type. The\nmarking—reading “Damaged/defective lithium-ion battery” or “Damaged/defective\nlithium metal battery”—must be in characters at least 12 mm (0.47 inches) high.\nWhat are the packaging requirements to transport EVs powered by lithium batteries that\nhave not been damaged? See 49 CFR 173.220(d):\n• EVs with their batteries installed are forbidden for transport aboard passenger-carrying\naircraft.\n• Lithium batteries contained in vehicles, engines, or mechanical equipment must be\nsecurely fastened in the battery holder of the vehicle, engine, or mechanical equipment,\nand be protected in such a manner as to prevent damage and short circuits (e.g., by using\nnon-conductive caps that cover the terminals entirely).\n• Except for vehicles, engines, or machinery transported by highway, rail, or vessel with\nprototype or low production lithium batteries securely installed, each lithium battery must\nbe of a type that has successfully passed each test in the United Nations (UN) Manual of\nTests and Criteria, as specified in 49 CFR 173.185, unless approved by PHMSA’s\nAssociate Administrator.\n• Where a vehicle could possibly be handled in other than an upright position, the vehicle\nmust be secured in a strong, rigid outer packaging. The vehicle must be secured by\nmeans capable of restraining the vehicle in the outer packaging to prevent any shifting\nduring transport that would change the orientation or cause the vehicle to be damaged.\n• Where the lithium battery is removed from the vehicle and is packed separate from the\nvehicle in the same outer packaging, the package must be classified as “UN3481,\nLithium-ion batteries packed with equipment” or “UN3091, Lithium metal batteries\n5 See “Interim Guidance for Electric and Hybrid-Electric Vehicles Equipped with High-Voltage Batteries” at:\nhttps://www.nhtsa.gov/sites/nhtsa.gov/files/811576-interimguidehev-hv-batt_towing-recovery-storage-v2.pdf\n\n<<<PAGE 4>>>\n\npacked with equipment” and prepared in accordance with the requirements specified in\n49 CFR 173.185.\nWhat are the additional stowage requirements to transport EV’s powered by lithium\nbatteries when carried on a vessel? See 49 CFR 176.905(a):\n• For vehicles with batteries installed, the batteries shall be protected from damage, short\ncircuit, and accidental activation during transport.\n• Each lithium battery must be of a type that has successfully passed each test in the UN\nManual of Tests and Criteria unless approved by PHMSA’s Associate Administrator.\n• A vehicle showing any signs of leakage or electrical fault—such as inability to start or\nmove under its own power—or signs of prolonged exposure to water, is forbidden for\ntransportation onboard a vessel.\n• Where a lithium battery installed in a vehicle is damaged or defective, the battery must be\nremoved and transported according to 49 CFR 173.185(f), unless otherwise approved by\nPHMSA’s Associate Administrator.\nPlease note, this is not an exhaustive list of regulatory requirements to ship damaged or defective\nlithium batteries, or EVs powered by lithium batteries. Depending on shipping scenarios,\nstakeholders may need to comply with other conditions such as training or shipping paper\nrequirements. See “Section III. Additional Lithium Battery Resources from PHMSA” for more\ndetails.\nIII. Additional Lithium Battery Resources from PHMSA\nPHMSA has created additional resources on lithium battery regulations that complement this\nsafety advisory notice. These resources include:\n• PHMSA’s website: https://www.phmsa.dot.gov/lithiumbatteries\n• PHMSA’s Lithium Battery Guide for Shippers\n• PHMSA’s recorded presentation on how to use the Lithium Battery Guide for Shippers\n• PHMSA’s Hazardous Materials Information Center (HMIC)\no Telephone number: 1-800-467-4922\no E-mail: infocntr@dot.gov\no The HMIC is staffed Monday through Friday, 9:00 a.m. to 5:00 p.m. EST. If you\ncontact the HMIC outside of normal business hours, leave a message and someone\nwill return your call the next business day.\n• PHMSA’s Online CFR tool (oCFR)\no You can click the link labeled “oCFR Tool” in the menu on the left under “Related\nLinks.”\nIV. Future Plans\nPHMSA will continue to work with our safety partners to more fully understand the risks of\nflooded EV batteries. As such, we plan to conduct research and issue updated guidance when\nadditional information is available.\n\n<<<PAGE 5>>>\n\nIssued in Washington, D.C. on April 7, 2023.\nWilliam S. Schoonover\nAssociate Administrator for Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":12533}