Veolia Environmental Services — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 JUN 2 5 2008 Ms. Jennifer Eberle Manager, Transportation Compliance Veolia Environmental Services 1 Eden Lane Flanders, NJ 07836 Ref. No.: 08-0145 Dear Ms. Eberle: This is in response to your May 23, 2008 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180) to nickel cadmium batteries. You ask whether these batteries should be classed as "Batteries, dry" (similar to nickel-metal hydride batteries) under the HMR and offered for transportation and transported in accordance with 172.102, Special provision 130. The answer is yes. Provided your batteries are securely packaged and offered for transportation in a manner that prevents the dangerous evolution of heat and protects against short circuits, as provided in Special Provision 130, they are not subject to any other requirements of the HMR. 1 hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Chief, Standards 6evelopment Office of Hazardous Materials Standards#

Page 2May 23, 2008 Office of Hazardous Materials Standards / Pipeline and Hazardous Materials Safety Administration Attn: PHH-10 U.S. Department of Transportation East Building 1200 New Jersey Avenue S.E. Washington DC 20590-0001 RE: Request for Interpretation Regarding Proper Classification of Nickel Cadmium Batteries To Whom It May Concern: Please accept this letter as a request for a formal interpretation from your office. On February 25, 2008, USDOT issued an interpretation letter (Ref No.: 08-0019) clarifying that nickel metal hydride batteries are properly classified as "Batteries, dry" and are therefore not regulated by the HMR when managed in accordance with special provision 130. I s it the opinion of your office that consumer-type nickel cadmium, dry cell batteries 3 containing potassium hydroxide would also be properly described using the "Batteries, dry" proper shipping name and thereby qualify for the exception allowed in accordance with special provision 130' Your written response to this question is greatly appreciated. I f you require any further information regarding this letter please contact me at 973-448-4209 or jennifer.eberle@veoliaes.com. Thank you, Jennifer Eberle Manager, Transportation Com'pliance Veolia ES Technical Solutions, L.L.C. a 1 Eden Lane, Flanders, NJ 07836 jennifer.eberle@veoliaes.com (973) 448-4209#