Greif — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety Mr. Rich Kovaleski Reference No.: 06-0036 Greif 2225 Greif Road Zanesville, OH 43701 Dear Mr. Kovaleski: This responds to your letter concerning the transportation of waste batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You describe the following scenario: Your client wants Greif to build a bulk container for the transportation of Universal Waste Batteries. Currently, the waste batteries are transported in a 36" × 36" x 36" non-specification hydroxide solid, 8, UN3028, PGIII" and "Batteries wet, nonspillable, 8, UN2800, PGIII." The container with a poly liner. The container is marked "Batteries, dry, containing potassium filled container weighs approximately 3,200 Ibs. and is banded to a wooden pallet. Your questions are paraphrased and answered as follows: Q1. Are Universal Waste Batteries subject to the HMR? Al. Universal Waste Batteries are subject to the HMR if they meet the criteria of a hazardous material. In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material and assign it a proper shipping name from the Hazardous Materials Table UN3028" and "Batteries wet, nonspillable, UN2800," describe batteries that are subject to the (HMT). The proper shipping names "Batteries, dry, containing potassium hydroxide, solid, HMR. Q2. What packagings are authorized for Universal Waste Batteries? A2. "Waste, Batteries, dry, containing potassium hydroxide, solid, UN3028," must be § 173.159. This section authorizes specification and non-specification packagings. 173.22 173.213 060036 173.159#

Page 2Section 173.159(d) excepts nonspillable wet electric storage batteries from all other requirements of the HMR, including specification packaging, if the limitations in paragraphs (d)(1), (2), (3) and (4) are met. I trust this satisfies your inquiry. Sincerely, Hilli. 1D Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards Contin: 03/10/06:20#

Page 302/13/2006 12:39 FAX 740 454 1787 GREIF ZANESVILLE Ø002 GREIF Corbin $172.101 To: Don Burger $173.213 From: Rich Kovaleski (rich.kovaleski@greif.com) Date: 2-8-06 Batteries Re: Universal Waste Batteries 86-0036 We have a potential customer in Ohio that collects waste batteries. The waste batteries are comprised of old rechargeable type batteries from power tools, cell phones etc. These waste batteries are placed into a UN non specification (off the shelf) 36" × 36"% 36" O.D. bulk container with a poly liner and banded to a wooden pallet. The filled bulk container can weigh as much as 3200 Ibs. This bulk container is labeled Universal Waste - Batteries and printed batteries dry, containing potassium hydroxide solid, 8, UN3028, PG III or batteries wet, non-spillable, 8, UN 2800, PG III. These bulk containers are shipped via common carrier to their sister company in Anaheim, CA. This potential customer wants Greif to design a custom package to replace the (off the shelf) box they are now using. My question are these Universal Waste Batteries considered a hazardous material? If, so our custom bulk container would have to be UN tested and certified. I looked up both of these battery types in the 49 CFR and both are classified in packing group III. UN2800 is shippable in bulk or non-bulk packages. 173.159 UN3028 are shippable only in non-bulk containers. Does this mean that these batteries cannot be shipped in bulk containers? I would appreciate a written response to these questions. Thanks for your help with this project.#