Environmental Outsource, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, S.E. Washington, D.C. 20590 Mr. Andy Coyne Environmental Outsource, Inc. 6055 East Washington Blvd., Suite 360 Los Angeles, CA 90040 Ref. No.: 09-0108 Dear Mr. Coyne, This in response to your May 5, 2009 letter regarding the exceptioil for nonspillable wet electric storage batteries specified in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) in §173.159(e). Your questions are paraphrased as follows: Q1: If a carrier ships ORM-D on the same vehicle as the batteries, can it still take advantage of the exception in §173.159(e) ? Al: No. In accordance with 5 173.159(e), electric storage batteries containing electrolyte or corrosive battery fluid are excepted from the HMR when transported by highway and rail provided no other hazardous materials are transported on the same vehicle. Q2: If a carrier ships non-hazardous materials on the same vehicle as the batteries, inay it still take advantage of the exception in 4 173.159(e)? A2: Yes. The non-hazardous material must be blocked, braced, or otherwise secured to prevent contact with or damage to the batteries. Moreover, the transport vehicle may not carry material shipped by any person other than the shipper of the batteries. Q3: Must non-hazardous materials (e.g. boxes of gloves) transported on the same vehicle be blocked and braced as stated in $173.159(e)(3)? A3: Yes. See A2 above. I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, , Hattie L. Mitchell, Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2Page 1 of 2 Drakeford, Carolyn <PHMSA> From: INFOCNTR <PHMSA> Sent: Tuesday, May 05,2009 4:50 PM To: Drakeford, Carolyn <PHMSA> Subject: FW: Clarification of 49 CFR 173.1 59 From: Andy Coyne [mailto:andy@eoiehs.com] Sent: Tuesday, May 05, 2009 3:42 PM To: PHMSA HM Infocenter Subject: Clarification of 49 CFR 173.159 Completed via phone by RE3 on 515 @ 447 pm Dear Sir or Madam, I wanted to get a clarification of the exception for nonspillable wet electric storage batteries. I would like to know if a transporter can ship ORM-D and other non hazardous materials (e.g. Gloves) on same the vehicle if it meets the requirements below and still be able to use the exception. (i.e. not placarding, filling out hazmat shipping papers, etc.) Would an ORM-D fall into item 1 and nullify the exception? Would a box of gloves have to be blocked & braced as item 3 states? "(e) Electric storage batteries containing electrolyte or corrosive battery fluid are not subject to the requirements of this subchapter f transportation by highway or rail if all of the following requirements are met: (1) No other hazardous materials may be transported in the same vehicle; (2) The batteries must be loaded or braced so as to prevent damage and short circuits in transit (e.g., by the use of non-conductive caps that entirely cover the terminals); (3) Any other material loaded in the same vehicle must be blocked, firaced, or otherwise secured to prevent contact with or damage to the batteries; and (4) The transport vehicle may not carry material shipped by any person other than the shipper of the batteries." I appreciate your assistance with this inquiry and look forward to you Thank you, Andy Coyne Environmental Outsource, Inc. 6055 East Washington Blvd., Suite 360 Los Angeles, CA 90040#

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