The CapAnalysis Group, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration JUL - 9 2004 Mr. George Kerchner Ref. No.: 04-0150 Manager-Environmental & Transportation Consulting The CapAnalysis Group, LLC 1299 Pennsylvania Ave., NW Washington, DC 2004-2402 Dear Mr. Kerchner: This responds to your e-mail and our subsequent meeting with you and representatives from the battery industry concerning the transportation of "Battery fluid, acid, 8, UN 2796, PG II" with dry (new, empty) batteries under the Hazardous Materials Regulations (HMR; 49 CFR parts 171- Your questions are paraphrased and answered below: Q1. May "Battery fluid, acid, 8, UN 2796, PG II" be offered as a limited quantity when packed in a combination packaging conforming to the PG II performance requirements and further overpacked (including shrink-wrapped) with a dry battery in accordance with § 173.25? Al. The answer is yes, provided the limited quantity provisions in § 173.154 are met. Section 173.154(b)(i) limits the net capacity in each inner packaging to a maximum of 1 L (0.3 gal) for Class 8, PG II liquids. The limited quantity package may be overpacked, including shrink wrapped, with the dry battery in accordance with the provisions in § 173.25. Limited quantity shipments are excepted from specification packaging when packaged in a combination packaging according to §173.154. A limited quantity which conforms to the provisions of §173.154(b) and is a "consumer commodity" as defined in §171.8 may be renamed "Consumer commodity" and reclassed as "ORM-D". The Consumer commodity package containing the battery fluid, acid may be overpacked with the dry battery in accordance with § 173.25. Under the limited quantity and the consumer commodity provisions, the battery fluid and the dry battery may not be packaged together in the same outer combination packaging. Should the battery fluid and the dry battery be packaged together in the same outer combination package, the provisions of § 173.159 (g) or (h) apply. See Special provision N6. Q2. Regarding the sample brown 4G fiberboard box imprinted with the Class 8 (corrosive) label, is the label in conformance with the HMR? 173.159 040150 173.154#

Page 2A2. The answer is no. The background of a Class 8 label is required to be white in the top half and black in the lower half. "White" as defined by the American College Dictionary is an achromatic color of maximum lightness; as new snow. Further alterations to the symbol, such as the speckles shown on the hand depicted on the label, are not authorized. See § 172.407(b)(1). Q3. Is it permissible to transport "Batteries, wet, filled with acid, 8, UN 2794, PG III" and "Battery fluid, acid, 8, UN 2796, PG II" on the same transport vehicle under the provisions in $ 173.159(e)? A3. The answer is no. Electric storage batteries containing electrolyte or corrosive battery fluid are excepted from the HMR when transported in accordance with the provisions specified in § 173.159(e). The condition specified in § 173.159(e)(1) states that no other hazardous materials may be transported on the same vehicle. Therefore, with the exception of the batteries, no hazardous materials, including corrosive battery fluid, may be transported on the Q4. Section 178.601(g) describes selective testing of packagings that differ only in reduce the size or the number of the inner packagings in accordance with Variation 1 without minor respects from the tested packaging. If we have a tested combination package, can we further testing? Similarly, if we have a tested combination package, can we reduce the size of the external packaging in accordance with Variation 4 without further testing? A4. The answer to both questions is yes. As provided by § 178.601(g)(1), variations are of performance is maintained. Variation 1 may be applied to allow the substitution of smaller permitted in the inner and outer packagings without further testing, provided an equivalent level inner containers of similar design and Variation 4 to allow a reduction in the external dimensions of a tested outer container. The new package cannot exceed the gross weight (combined weight of package and contents) of the originally tested package design. I trust this satisfies your request. If we can be of further assistance, please do not hesitate to contact me. Sincerely, Hothe R. mithel Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Corbin The Captina yes Group Lle Scenario No. 1 1299 Pennsylvania Ave., Nu 8173.159 Washingfon, D& Shipping Battery fluid, acid (UN 2796) 8173.154 (202) 383-7163 200042402 Batteries 1. Shipping as Class 8 haz mat: Confirm UN markings for combination packaging and single 04-015, packaging pursuant to 49 CFR 173.202 Examples: i. Combination - UN/4G/Y10/S/02/USA/+BK0023 ii. Single - UN/6HA2/Y1.7/15/02/USA/+BK0023 2. Question: Does Battery fluid, acid qualify for both limited quantity and ORM-D exceptions? (See interpretation letter.) i. Limited Quantities: 49 CFR 173.154 (b)(1) - No labeling, UN certified packaging, and placard ii. ORM-D: 49 CFR 173.154(c) and 173.156 - No labeling, UN certified packaging, shipping papers, and placard 3. Question: Are the marking requirements for limited quantities and ORM-D noted on the attached correct? Scenario No. 2 Shipping Battery fluid, acid w/ Dry (Storage) Battery (UN 2796) Pursuant to 173.159 (g)(3) or 173.159(h) and Special Provision N6 Based on interpretation letters issued by RSPA to Yuasa (see attached), RSPA asserts UN certified packaging is required when shipping Battery fluid, acid with storage batteries and cannot be shipped as limited quantity. This of course implies that it can only be shipped as Class 8 hazardous material. 1. Question: Can Battery fluid, acid be packaged in UN certified packaging, dry battery packaged in non-UN certified packaging, and then the entire contents placed in overpack (including shrink-wrap) pursuant to 49 CFR 173.25? The overpack would comply with all Class 8 marking and labeling requirements. Or 2. Question: Must Battery fluid, acid and storage battery be placed in UN certified outer packaging that would include the use of combination packaging?#

Page 4Scenario No. 3 Shipping Battery fluid, acid w/ Dry (Storage) Battery as Limited Quantities or ORM-D 1. Question: Can Battery fluid, acid be packaged in UN-certified packaging, battery packaged in non UN-certified packaging, and then the entire contents placed in overpack and shipped as Limited Quantity or ORM-D? The overpack would comply with marking requirement in 49 CFR 173.25: That is, , "Inner packages comply with all prescribed specifications." Miscellaneous Question 1. Can Battery fluid, acid be shipped in the U.S. using a smaller label than normally required under the HMR, and labeled pursuant to the exception in 49 CFR § 172.407(f)? 49 CFR § 172.407(f) contains exceptions to the labeling requirements provided the shipper complies with the specification requirements in the UN Recommendations. (See Part 5, Chapter 5.2 of the UN Recommendations.) 2#

Page 5LIMITED QUANTITY From: ABC Company To: 123 East Street XYZ Company 123 West Street Anvihere. USA Somewhere, USA UN 2796 ORM-D MATERIALS From: 123 East Street ABC Company XYZ Company To: Anvwhere. USA 123 West Street Somewhere, USA Battery fluid, acid ORM-D#