{"operation":"document","citation":"09-0169R","title":"MXI, 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":"09-0169R response to MXI, Inc. concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0169r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0169r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0169r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090169R.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department ofTransportation Pipeline and Hazardous Materials\nSafety Administration \n 1200 New Jersey Avenue, SE\nWashington, DC 20590\nNOV 2 5 2009\nMr. Ronald S. Potter\nPresident\nMXI, Inc.\n297 Zimmerman Lane\nLanghorne, P A 19047\nRef. No. 09-0169R\nDear Mr. Kerchner:\nRecently, our Office issued several letters, including our August 28, 2009 letter (Ref. No. 090169)\nresponding to your request, regarding the applicability ofthe Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) to the transport of used or spent dry cell batteries.\nThis letter supersedes the response given in our August 28, 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 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 specifically\ncovered by another proper shipping name, with a marked rating up to 9-volt are not likely to\ngenerate a dangerous quantity of heat, short circuit, or create sparks in transportation.\nTherefore, used or spent batteries of the type \"Batteries, dry, sealed, n.o.s.\" with a marked\nrating of9-volt or less that are combined in the same package and transported by highway or\nrail for recycling, reconditioning, or disposal are not sUQject to the HMR. Note that batteries\nutilizing different chemistries (i.e., those battery chemistries specifically covered by another\nproper shipping name) as well as dry, sealed batteries with a marked rating greater than 9-volt\nmay not be combined with used or spent batteries ofthe type \"Batteries, dry, sealed, n.o.s.\" in\nthe same package. Note also, that the clarification provided in this letter does not apply to\nbatteries that have been reconditioned for reuse.\nI hope this information is helpful. If you have further questions, please contact this office.\nharles E. Betts,\nief, Standards Development\nOf 1 ·of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n£.1 chen Jaub\n~ Ill.. 10\"2 <s r 130\n~ 113.2..1\n\"B\"\" .t-kV\"; e S\n09- () J ioq\nJuly 15, 2009\nMr. Charles E Betts\nUS Department of Transportation\nChief, Standards Development\nOffice of Hazardous Materials Standards\n1200 New Jersey Ave SE\nWashington DC, ,20590\nDear Mr. Betts:\nI am in receipt of a letter from you dated June 23, 2009 addressed to Mr. Paul Johnson,\nDirector of Environmental Affairs Kindursky Brothers Supply Inc 1314 N. Anaheim Blvd Anaheim\nCA. In this letter you indicate that \"when transported by highway or rail and separated from\nother types of batteries of different sizes or chemistries, spent 1.5 volt alkaline batteries do not\npose an unreasonable risk in transportation and are not subject to the regulation under the\nHMR.\nMaumee Express, Inc. and its sister company MXI Environmental Services LLC conducts and\ntransport Household Waste Collections events for a number of counties in the northeast.\nConfusion about the application of the HMR regulations has become a concern of both our\ncompany and the various counties that we work with. I would like to establish that the\nprovisions of this letter would apply to all parties involved in the collection, transportation and\ndisposal of 1.5 volt alkaline batteries as part of a Household Hazardous Waste collection event.\nCan you please confirm that the provisions of this letter would apply to Household Hazardous\nWaste collection events.\nnY' C?dtc\n~potter\nPresident\nMXI\nCOMMITTED TO SERVICE\nwww.mxiinc.com\n291 Zimmerman Lane, langhorne, PA 19047 • Phone; 267·590-0043 • Fax: 267-590-0051","truncated":false,"body_characters":3652}