# MXI, Inc. — Hazardous Materials Safety Interpretation

- **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:** Not available
- **summary:** 09-0169R response to MXI, Inc. concerning 172.101.
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- **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:**

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U.S. Department ofTransportation Pipeline and Hazardous Materials
Safety Administration 
 1200 New Jersey Avenue, SE
Washington, DC 20590
NOV 2 5 2009
Mr. Ronald S. Potter
President
MXI, Inc.
297 Zimmerman Lane
Langhorne, P A 19047
Ref. No. 09-0169R
Dear Mr. Kerchner:
Recently, our Office issued several letters, including our August 28, 2009 letter (Ref. No. 090169)
responding to your request, regarding the applicability ofthe Hazardous Materials
Regulations (HMR; 49 CFR Parts 171-180) to the transport of used or spent dry cell batteries.
This letter supersedes the response given in our August 28, 2009 letter.
After further consideration and analysis of dry battery chemistries and sizes and based on
information available to us, it is the opinion of this Office that used or spent dry, sealed
batteries of both non-rechargeable and rechargeable designs, described as "Batteries, dry,
sealed, n.o.s." in the Hazardous Materials Table in § 172.101 of the HMR and not specifically
covered by another proper shipping name, with a marked rating up to 9-volt are not likely to
generate a dangerous quantity of heat, short circuit, or create sparks in transportation.
Therefore, used or spent batteries of the type "Batteries, dry, sealed, n.o.s." with a marked
rating of9-volt or less that are combined in the same package and transported by highway or
rail for recycling, reconditioning, or disposal are not sUQject to the HMR. Note that batteries
utilizing different chemistries (i.e., those battery chemistries specifically covered by another
proper shipping name) as well as dry, sealed batteries with a marked rating greater than 9-volt
may not be combined with used or spent batteries ofthe type "Batteries, dry, sealed, n.o.s." in
the same package. Note also, that the clarification provided in this letter does not apply to
batteries that have been reconditioned for reuse.
I hope this information is helpful. If you have further questions, please contact this office.
harles E. Betts,
ief, Standards Development
Of 1 ·of Hazardous Materials Standards

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July 15, 2009
Mr. Charles E Betts
US Department of Transportation
Chief, Standards Development
Office of Hazardous Materials Standards
1200 New Jersey Ave SE
Washington DC, ,20590
Dear Mr. Betts:
I am in receipt of a letter from you dated June 23, 2009 addressed to Mr. Paul Johnson,
Director of Environmental Affairs Kindursky Brothers Supply Inc 1314 N. Anaheim Blvd Anaheim
CA. In this letter you indicate that "when transported by highway or rail and separated from
other types of batteries of different sizes or chemistries, spent 1.5 volt alkaline batteries do not
pose an unreasonable risk in transportation and are not subject to the regulation under the
HMR.
Maumee Express, Inc. and its sister company MXI Environmental Services LLC conducts and
transport Household Waste Collections events for a number of counties in the northeast.
Confusion about the application of the HMR regulations has become a concern of both our
company and the various counties that we work with. I would like to establish that the
provisions of this letter would apply to all parties involved in the collection, transportation and
disposal of 1.5 volt alkaline batteries as part of a Household Hazardous Waste collection event.
Can you please confirm that the provisions of this letter would apply to Household Hazardous
Waste collection events.
nY' C?dtc
~potter
President
MXI
COMMITTED TO SERVICE
www.mxiinc.com
291 Zimmerman Lane, langhorne, PA 19047 • Phone; 267·590-0043 • Fax: 267-590-0051
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