{"operation":"document","citation":"09-0112R","title":"Wiley Rein LLP — 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":"09-0112R response to Wiley Rein LLP concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0112r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0112r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0112r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090112R.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\nNOV 2 5 2009\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMr. George Kerchner\nWiley Rein LLP\n1776 K Street NW\nWashington, DC 20006\nRef. No. 09-0112R\nDear Mr. Kerchner:\nRecently, our Office issued several letters, including our June 23, 2009 letter (Ref. No. 090112)\nresponding to your request, regarding the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) to the transport ofused or spent dry cell\nbatteries. This letter supersedes the response given in our June 23,2009 letter.\nAfter further consideration and analysis of dry battery chemistries and sizes and based on\ninformation available to us, it is the opinion of this Office that used or spent dry, sealed\nbatteries ofboth 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 of the 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 of the 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.\nSincerely,\nnti b1£1J~\nCharles E. Betts,\nChief, Standards Development\n,fice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n1776 K STREET NW\nWASHIIiGTON, DC 20006\nPHONE 202.719.7QOO\nFAX 202.719.70'19\n7925 JONES BRANCH DRIVE\nMcLEAN, VA 22102\nPHONE 703.905.2800\nFAX 703.9Q5.2820\nwww.wileyrein.com\nLear-I.{\n'§ 111.. .10 Z. ST'lg't\n\"'&a. H't!(\"~€c;\n0'( -- 0 II ~\nGeorge Kerchner\nMay 6, 2009 202.719.4109\ngkerchner@wileyrein.com\nMs. Susan Gorsky\nPipeline and Hazardous Materials Safety Administration\nUnited States Department of Transportation\n1200 New Jersey Avenue SE, second floor\nWashington, D.C. 20590-0001\nRe: Request for Interpretation on Shipping Spent Batteries for Recycling\nDear Ms. Gorsky:\nI am writing to request the U.S. Department of Transportation's (DOT)\ninterpretation on the requirements of 49 CFR §] 72.102, Special Provisions 130, 188\nand 189 as they apply to shipments of spent (used) \"dry cell\" batteries (e.g.,\nalkaline) and lithium/lithium ion batteries that are being transported for recycling.\nBackground\nWe are aware of several counties that operate spent battery collection and recycling\nprograms, some of which have been operating for nearly twenty years. One\nparticular county has collected 4.8 million pounds of batteries since 1990 from\nabout 130 host sites dispersed throughout the County. This particular program has\nnot had a transportation incident where batteries caused a fire, violent rupture,\nexplosion or dangerous evolution of heat.\nMany ofthese counties have the same logistics arrangements. For example, host\nsites include such places as public libraries, retail stores and city halls where people\ndrop off used batteries ofall types into large plastic containers. When containers\nare nearly full, the county's contractor picks up the batteries using a county vehicle,\nand transports them within the same day to the contractor's sorting and packaging\nfacility. The containers of mixed batteries can weigh about 150-200 pounds each.\nAfter the batteries arrive at a contractor's facility, the contractor sorts the batteries\nby chemistry and packages them for transport. The purpose of sorting and\npackaging is three-fold: first to consolidate the batteries into fewer shipments;\nsecond to meet the specifications ofthe recycling or disposal faci1ities; and third to\nprevent the dangerous evo lution of heat. Specifically. the tenninals of lithium and\nlithium-ion batteries are taped then placed into plastic-lined, sealed drums. Other\nbatteries are sorted by type and placed directly into plastic-lined, sealed steel drums.\n\n<<<PAGE 3>>>\n\nMay 6, 2009\nPage 2\nWhen a truckload of batteries has accumulated at a contractor's facility, the county\narranges for ground shipment of the drums by a hazardous waste transporter to\nrecycling, metal recovery, or other management facilities.\nFor reference, the table below lists the weight, in pounds of batteries shipped to\ndisposal facilities in one particular county in 2008. As noted, over 80% of the\nbatteries collected are alkaline and zinc carbon.\nIl Battery Chemistry I i\nYear 2008\nPercent.\nII Alkaline\n186,177 72%\n.. Zn/Carbon 20,774i lead Acid Gel Cells 28,941 11%\n8%\nNiCad 14,635 6%\nI~etal Hydride\n. ithium Ion 3,098 1%\n2,657\n1%\nlithium 2,178 1%\nMixed Button 556\n0% i\nMercu!'y\n- 0%·\ni\nTotal (in pounds) 259,016 100~\nThe attached Exhibit A provides additional data on the types and weights (in\npounds) of batteries collected by one county from 1999 to 2007\nRequest for Interpretation\nThere are several issues that require clarification from DOT that may significantly\nimpact county battery collection programs.\nFirst, in the situation described above, a county contracts with a company to have its\nemployees drive County vehicles to pick up and transport containers of spent\nbatteries from public facilities and retail stores. We do not believe these shipments\nare \"in commerce\" and subject to the U.S. hazardous materials regulations (HMR)\nbecause they are being transported in county vehicles for noncommercial, local\ngovernment purposes. Therefore, we would like confirmation from your office that\nthese shipments are not subject to the HMR.\nSecond, as noted above, over 80% ofthe spent batteries collected by counties are\nalkaline and zinc carbon. When new, these batteries have a low voltage (no more\n\n<<<PAGE 4>>>\n\nMay 6, 2009\nPage 3\nthan 1.5 V) and present a very low risk in transportation. When spent, these\nbatteries have very little electrical potential and therefore present even less of a risk\nin transportation. We believe that when spent alkaline and zinc carbon batteries are\nsorted from other battery chemistries and placed into plastic-lined, sealed 55-gallon\ndrums, it meets the requirement of Special Provision 130. That is, the sorted spent\nbatteries have been prepared and packaged for transport in a manner to prevent a\ndangerous evolution of heat and short circuits. Therefore, we would like\nconfinnation from your office that this sorting and packaging procedure for spent\nalkaline batteries meets the requirements of Special Provision 130 .\n* * * * ...\nWe would appreciate your immediate attention to this request for interpretation\nsince it has significant implications on many county-operated battery collection and\nrecycling programs throughout the U.S.\nThank you for your assistance.\nSincerely,\nGeorge A. Kerchner\n\n<<<PAGE 5>>>\n\nZn/Carbon\n-\nNiCad\nMixed Button\n~--\nMercury\nLithium\n---\nLithium Ion\nlead Acid\nGel Cells\nNickel Metal\nHydride\n60,423\n12,970\n56,286\n--21,665\n- -\n- -\n2,000 -\n2,842\n-\n----114,884\n114,891\nI 449\nEXIDBITA\n53,105 52,523 45,400 36,813 35,797 27,388 32,621\n12,656 14,361 9,390 16,533 12,115 10,154 15,740\n---~\n1,822 798 - 1,840 - - 691\n--­ -\n- 1,619 - - - 62\n-\n--3,007\n2,779 1,959 4,205 5,141 2,934 1,503\n---\n372 - 1,878 - - 2,749\n---1---­ -\n111,647 113,877 I 17,558 I 17,398 I 14,000 I 14,000 12,000\nI 3,988 I 1,914 I 2,394 I 2,398 I 2.872 I 1,717 3,701","truncated":false,"body_characters":7867}