Waste Technology Services Inc — Hazardous Materials Safety Interpretation

Page 1J.S. Department of Transportatior Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Research and FEB 8 2005 Administration Mr. T.L. Nebrich Ref. No.: 05-0017 Technical Director Waste Technology Services Inc. 435 North 2nd Street Lewiston, NY 14092 Dear Mr. Nebrich: This is in response to your January 11, 2005 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the packaging of batteries. Section 173.159 (c) (1) authorizes a packaging that would consist of batteries firmly secured to a pallet. Specifically, you ask if this packaging should be treated as either a bulk or non- bulk package and how the package should be marked, labeled, and/or placarded. For the purposes of marking, labeling, and placarding, a shipment of electric storage batteries secured to a pallet in accordance with § 173.159 (c) (1) is considered to be a single non-bulk package. The completed package must be marked in accordance with § 172.301 and labeled in accordance with § 172.400. The palletized batteries should be marked and labeled as a non-bulk package even if the completed package I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Hitle mitted Hattie Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 171.8. 173-159(c)0 050017#

Page 2Satterthwaite wIs $171.8 §173.159()0 WASTE TECHNOLOGY SERVICES INC. Defmition Batteries January 11, 2005 05-0017 Mr. Edward Mazzullo Director of Office of Hazardous Material Standards US Department of Transportation - RSPA (DHM - 10) 400 Seventh Street, S.W. Washington, DC 20590-0001 Dear Mr. Mazzullo: I am writing to request an interpretation regarding the packaging requirement for batteries shipped according to the provisions in 49 CFR 173.159 (c) (1). According to Mr. Delmer Billings letter to Mr. Paul Martin of Advanced Environmental Technical Services, dated June 10, 1996 (attached), batteries shipped under the provisions of 49 CFR 173.159 (c) (1) can be shipped as one package. However, there is no mention of whether these batteries (shipped as one package) would be considered a bulk or non-bulk package for marking, labeling and/or placarding. Would this package be a bulk or non-bulk package and how would that be determined based on the "bulk packaging" definition in 49 CFR 171.8? Either way what are the marking, labeling and/or placarding requirements? If you have any further questions, please do not hesitate to contact me. Very truly yours, WASTE TECHNOLOGY SERVICES, INC. T.L. Nebrich, Jr., CHMM, OEP, REM Technical Director TLN/tIn Corporate Office: 435 North 2nd Street, Lewiston, NY 14092 Telephone: 716-282-4100 • Fax: 716-282-6986 2025 E. Main Street, Suite 101 • Richmond, VA 23223 • Telephone (804) 649-0700 • Fax (804) 649-2360 5 Forest Park Drive • Farmington, CT 06032 • Telephone (860) 677-1146 • Fax (860) 677-4979 7 Willowdale Court • Amesbury, MA 01913 • Telephone (978) 388-7877 • Fax (978) 388-8688 www.wtsonline.com#

Page 3JAN-06-2005 11:10 HMIC P.02/04 U.S. Department of Transportation Washingon, S.c. 30590 20590 Speciol Programs Research and Administratio JUN | O 1996 Mr. Paul W. Martin Advanced Environmental Technical Services Environmental Manager 2600 Delk Road, Suite 100 Marietta, GA 30067-8835 Dear MI. Martin: This is in response to your letter of April 16, 1996, requesting clarification on the packaging requirements for batteries under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Specifically you ask whether a palletized load of batteries shipped under the provisions of 49 CFR 173.159 (c) (1) is considered to be one package or whether each battery on the pallet would be considered a separate package. Section 173.159 (c) (1) allows electric storage batteries that are protected against short circuits to be transported in a non-specification packaging (e.g., firmly secured to skids or pallets capable of withstanding the shocks normally incident to transportation and meeting certain other conditions). Such a configuration is considered one package; each battery need not be considered a package. Except as discussed foI batteries, you are correct in your understanding that generally when packages are shrinkwrapped to a pallet the shrinkwrap is an overpack. Each individual package in an overpack must be in full compliance with the HMR, including marking and labeling. I hope this information is helpful. Sincerely, 7989 f1 mar Hillin Delmer F. Billings Ap- Chief, Regulations Development Office of Hazardous Materials Standards#