{"operation":"document","citation":"09-0090R","title":"Kinbursky Brothers Supply, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-11-25","effective_on":null,"summary":"09-0090R response to Kinbursky Brothers Supply, Inc. concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0090r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0090r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0090r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090090R.pdf","body":"<<<PAGE 1>>>\n\nU.S. Deportment of Transportation Pipeline and Hazardous Materials\nSafety Administration\nNOV 2 5 2009\n1200 New Jersey Avenue. SE\nWashington, DC 20590\nMr. Paul D. Johnson\nDirector of Environmental Affairs\nKinbursky Brothers Supply, Inc.\n1314 N. Anaheim Blvd.\nAnaheim, CA 92801\nRef. No. 09-0090R\nDear Mr. Johnson:\nRecently, our Office issued several letters, including our June 23, 2009 letter (Ref. No. 090090)\nresponding to your request, regarding the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) to the transport of used or spent dry cell\nbatteries. This letter supersedes the response given in our June 23, 2009 letter.\nAfter further consideration and analysis ofdry battery chemistries and sizes and based on\ninformation available to us, it is the opinion ofthis Office that used or spent dry, sealed\nbatteries of both non-rechargeable and rechargeable designs, described as \"Batteries, dry,\nsealed, n.o.s.\" in the Hazardous Materials Table in § 172.101 of the HMR and not\nspecifically covered by another proper shipping name, with a marked rating up to 9-volt are\nnot likely to generate a dangerous quantity of heat, short circuit, or create sparks in\ntransportation. Therefore, used or spent batteries ofthe type \"Batteries, dry, sealed, n.o.s.\"\nwith a marked rating of9-volt or less that are combined in the same package and transported\nby highway or rail for recycling, reconditioning, or disposal are not subject to the HMR.\nNote that batteries utilizing different chemistries (i.e., those battery chemistries specifically\ncovered by another proper shipping name) as well as dry, sealed batteries with a marked\nrating greater than 9-volt may not be combined with used or spent batteries ofthe type\n\"Batteries, dry, sealed, n.o.s.\" in the same package. Note also, that the clarification provided\nin this letter does not apply to batteries that have been reconditioned for reuse.\nI hope this information is helpful. If you have further questions, please contact this office.\nCharles E. Betts,\nhief, Standards Development\no flee of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nE ichen l ~ l o\n3 172* I&? s P / 3 6\n3 173.21\n'13a-14-efy 09'- 60TO\nApril 16,2009\nK I N S B U R S K Y\nBROTHERS I N C\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-I 0 U.S. Department of Transportation\nEast Building\n1200 New jersey Avenue, SE.\nWashington, DC 205904001\nRE: 49 CFR 5 172. I 02 Special Provision 130, 5 173.21.\nDear Sirs,\nI am writing on behalf of Kinsbursky Brothers Inc (KBI) and Toxco Inc (Toxco) to requests the\nDepartment's interpretation and applicability of 49 CFR 5 172.102 Special Provision 130 and i 73.2 1 to\nspent alkaline dry cell batteries being shipped for recycling or disposal.\nBackground\nEach year KBI and Toxco receive, sort, and package more than one million pounds of spent, used, dry cell\nalkaline batteries from households, businesses, municipalities, government offices and commercial retail\noperations in the US and Canada. These batteries power a variety of pertable electronic products including,\ncalculators, keyboards, radios, toys, flashlights and cameras.\nThese batteries are sorted and repackaged for shipment by truck or rail for recycling, metal recovery, or\nwaste management at offsite facilities. These dry-cell batteries are currently shipped using one of the\nfollowing classifications described in the Hazardous Materials Regulations (HMR; 49 CFR Subtitle B,\nChapter I, Subchapter C, part 172.10 1):\n1 I Hazard I 1 Packing 1\n- I\nProper shipping name\nclass\nBatteries dry containing potassium\n8\nID\nUN3028\ngroup\n111\nhydroxide solid\nBatteries, dry, sealed, n.0.s. *\n--\n--\n--\n*applicable when special provision 130 is met. I\nImpact of special Provision 130 on the battery recycling industry\nIt appears that the HMR does not expressly take into account the low risk associated with spent dry cell\nalkaline batteries collected for recycling and disposal. Spent dry cell alkaline batteries are by definition\nused and inherently contain low electrical energy density (even when fully charged). Our observatioiis and\nexperience is that spent alkaline batteries contain only low voltages if measurable at all.\n'it is worth noting that by insulating any one terminal of any single battery cell you\neffectively eliminate the possibility of a circuit since at least three batteries oriented in\nseries (positive to negative) are necessary to create a circuit.\n\n<<<PAGE 3>>>\n\nThe requirements of SP 130 are significantly proSlematic for interim handlers and processors of end of life\nspent alkaline batteries being sent for disposal or recycling. Excessive tape, plastic bags, and coatings\ncommonly applied to these types of cells often require removal of the insulation to identifji the chemistry\nd u r i ~ g the receiving and sortation process. Once batteries are un-insulated, identified and sorted; and\nmaterial is to be prepared for transport to a destination recycling/disposal facility the batteries must be\ninsulated once agair? for transportation. During sorti~g large format or rncltiple cell batteries and other\nchemistries are removed and segregated from the dry cell alkaline batteries. This ensures the segregated\nmaterial is appropriate for the specific processors and that the material being shipped wili not contain any of\nthe battery chemistries that represent a potentiai transportation risk.\nUpon receipt a1 the final recycling facility the processing facility may be required remove the insulation\nfrom each battery cell prior to introduction to a furnace or a chemical process since the added tape, plastic\nand coating may not confonn to pollution control requirements or end-process tolerances at the destination\nfacility.\nSo~porting Data\nOn March 24th, 2009 KBI technicians conducted experiments mimicking a worst case scenario of a short\ncircuit of dry cel: alkalice batteries during transportation. Using common dry cell alkaline batteries a circuit\nwas crezted in an attempt to determine if dry cell aikaline batteries are capable of generaticg a dangerous\namount of heat during transportation. It was determined that this type of battery, when subjected to\nconditions incidental to transportation without insulation of the cell terminals is not capable of creating a\ndangerous evolution of heat.\nOur tests were conducted using 12,new D cell batteries fastened end-to-end (positive to negatike) on an\nadhesive strip and pIaced in-series. A ten gauge insulated copper wire (see figs land 2 below), was then\naffixed to the positive side of the battery chain, and the negative side of the battery chain. Additional tests\nusing randomly selected spent batteries were also conducted yielding equivalent results (though expectedly\nproducing less voltage and no measurable heat increase). As the data indicate neither test group produced\nsignificant voltage nor generated enough heat to pose a risk during transportation.\nFigl . New, fully charged batteries Fig 2. 19.4 volt circuit at 73' F.\nP 7 1 4 . 7 3 8 . 8 5 1 6\n\n<<<PAGE 4>>>\n\nDuring the tests the voltages were periodically measured using a standard hand held eiectricians volt meter;\nthe temperature was monitored throughout the experiment using a hand-heid Raytek Ryanger thermal-\nmeter. The rests were conducted on a steel table and voltage and temperature were monitored for a period\nof 80 minutes.\nOnce the batteries were aligned in series and the lOguage wire was connected the voltage of circuit\nimmediately decrezsed from 19.4 to .6v and the temperature of the cells began to slowly increase. This is\nrecorded in Table 1 below. The temperature of the cells increased, peaking 19 minutes into the experiment,\nuntil reaching a maximum temperzture 2t cell numbers 5, 6 and 8 of 229 degrees F at which point continued\nthermal reading indicated a steady declination of the cell temperatures until the conclusion of the test 61\nminutes later.\nTable 1\n12 new D cell alkaline batteries zmbient temperature 73 degree Fahrenheit 19.4 volt circuit at start\nTime :0:21 10:24 i0:26 10:30 10:35 10:40 10:45 1050 11:05 11:22 11:30\nCircuitvoltage 0 . 6 ~ 0 . 5 ~ 0 . 2 ~ 0 . 2 ~ 0 . 2 ~ 0 . 2 ~ 0 . 2 ~ 0 . 2 ~ 0 . 2 ~ 0 . 2 ~ 0 . 2 ~\nTemp cell ! 79 104 124 165 202 207 170 144 126 97 90\nTemp cell 2 82 109 131 175 195 180 178 120 133 106 59\nTemp cell 3 83 i07 127 173 189 170 107 151 135 109 101\nTemp cell 4 84 109 127 168 208 208 185 160 160 104 106\nTemp cell 5 85 109 120 174 209 229 155 i30 160 106 100\nTemp cell 6 84 109 125 170 209 229 150 132 130 101 96\nTemp cell 7 84 103 125 170 205 216 135 150 137 106 96\nTemp cell 8 87 109 130 175 210 229 150 149 131 104 96\nTemp celi 9 85 109 130 177 207 220 135 130 122 98 9 1\nTemp cell 10 8 8 109 126 180 213 225 198 178 122 108 99\nTemp cell 11 88 111 131 176 203 210 178 160 124 105 99\nTemp cell 12 90 103 125 171 203 200 185 154 114 93 90\nAn additional experiment was conducted using spent dry cell batteries randomly selected from the\ncontainers received at KBI (see fig 3 below). The test was conducted under identical parameters however,\nthe circuit created by the used batteries had an initial voltage of O.Ov and remained constant throughout the\nexperiment.\nFig 3. used batteries 0.0 v.\n\n<<<PAGE 5>>>\n\nUsed cells displayed an individual voltage ranging from 0.0 to 1.5 volts. Test 2 was conducted later in the\nday when the ambient temperature measured approximately 80\" F. During this pnase of the experiment the\nused cells Cad a cell surface temperature ranging from 73 and 75 degrees and showed only negligible\nindicztions of iilcreasing through out the duration of the tests (some of which can be attributed to the rising\nambient temperature). Since no significant increase in temperature was obseweci the test was concluded\nafter 13 minutes. See table 2.\nTable 2\n( i2 D cell spent alkaline batteries ambient temperature\n79 degree Fahrenheit 0.0 volt circuit at start\nTime 11:17 11:23\nCircuit Voltage 0 . 0 ~ 0 . 0 ~\nTemp cell 1 7 5 75\nTemp cell 2 74 77\nTemp cell 3 75 75\nTemp cell 4 74 75\nTemp cell 5 74 74\nTemp cell 6 74 75\nTemp cell 7 74 74\nTemp cell 8 74 74\nTemp cell 9 74 74\nTemp cell 10 73 74\n' Temp cell 1 1 74 74\nTemo'cel! 12 75 77\nFurther tests using a mixt~ire of new and used bztteries were conducted on April 8th during a demonstration\nfor traasportation inspectors and similar; if not identical results to test number two were obtained. That is\nto say that a mixture of new and used dry cell alkaline batteries did not result in a significant increase in\ntemperature and did not generate any measurable voltage after the initial measurement of the circuit.\nConclusions\n1) The above battery test shows that if a long chain of spent battery cells were to align positive to\nnegative, as demonstrated in our experiment, the resulting circuit does not result in the\ndangerous evolution of heat. Furthermore, as the results of these experiments and the\nassembled data contained herein indicate, even brand new batteries purposely wired in such a\ncircuit do not produce enough heat to ignite any of the constituents of dry cell alkaline batteries\nor any plastic or paper packaging that may be associated with the container.\nBased on the experiences of receiving, handling and shipping millions of pounds of spent dry\ncell alkaline batteries over the past 20 years; we strongly believe that alkaline batteries do not\nrepresent a safety risk during transportation. Typically, spent batteries are offered for over the\nroad transportation in containers ranging from 5 to 55 gallons in volume. During conditions\nincidental to transportation these containers are certainly subjected to vibrations and jostling\nwithin the transport vehicle. This movement makes it implausible that an adequate number of\nbattery cells could link together end-to-end during the random orientation of cells within a\ncontainer to create a similar, or larger, circuit as the one demonstrated in our experiments.\nDuring the handling of spent dry cell alkaline batteries within the facility KBI stores the cells in\nlarge cubic yard tote bins prior to insulation and packaging for off-site shipment.\n\n<<<PAGE 6>>>\n\nKBI has monitored these bins with the same hand he!d thermal meter used in our experiments\nand even when thoroughly agitated by dumping or shoveling the batteries, there is no\nmeasurable increase in temperature.\n3) The transportation of dry cell batteries being shipped for recycling or disposal are subject to\nwide variations of temperatures in the mode of transportation. Dry cell batteries are commonly\nstored in steel drums and in direct sunlight. In certain geographic areas high ambient\ntemperatures can surpass 120 degrees F. It is reasonable that a 55 gallon steel drum of dry cell\nbattzries being stored Gr transported in temperatures of 120 degrees or greater can have an\ninterns1 temperature closer to 20G degrees. Even If the internal temperature of a container\nexceeds 100 degrees F, it has exceeded the temperature of the spent test batteries used in this\ntest.\nRequest for Concurrence\nKBI seeks the depzrtment's concurrence that based on the above testing, and the design and chemical\ncomposition of spent dry cell alkaline batteries that spent batteries, by design are incapable of generating a\ndangerous evolution of heat, when being transported for disposal and or recycling.\nAs shown by the test data, if you concur, then our interpretation of 45 CFR 173.2 1(c) and Special Provision\n130 allow for the shipment of spent dry cell a!kaline batteries without further preventative measures as\nspent dry cell alkaline britteries d~ not represent a risk of the danger~us evolution of heat during\ntransportation and that adequate safety measures as prescribed by 49 CFR 173.2 1(c) and Special Provision\n130 are met by the inherent design characteristics of these spent batteries.\nPlease contact my office with any comments or questions.\n( Director of'-mental Affairs\nKinsbursky Brothers Supply Inc.","truncated":false,"body_characters":13912}