{"operation":"document","citation":"09-0194","title":"Costco Wholesale — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-11-30","effective_on":null,"summary":"09-0194 response to Costco Wholesale concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0194.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0194.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0194","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090194.pdf","body":"<<<PAGE 1>>>\n\nu.s. Department 1200 New Jersey Ave., SE\nof Transportation Washington, DC 20590\nPipeline and Hazardous Materials\nSafety Administration\nNOV 2 5 2009\nMr. Dale Anderson\nDirector Risk Management\nCostco Wholesale\n999 Lake Drive\nIssaquah, W A 98027\nRef. No. 09-0194\nDear Mr. Anderson:\nThis responds to your August 27,2009 letter and subsequent telephone discussion with a\nmember of my staff requesting further clarification ofthe applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to the transport of used or spent dry\ncell batteries.\nIn your letter, you reference letters issued by this Office on June 23, 2009 (Ref. No. 09-0090)\nand August 13,2009 (Ref. No. 09-0150) in which we addressed the applicability of the HMR\nto the transportation of various types and sizes ofused or spent dry cell batteries. In letter\nRef. No. 09-0090, we stated that, based on the test data provided, spent 1.5-volt alkaline dry\ncell batteries are not subject to regulation under the HMR when transported by highway or\nrail because they are not likely to generate a dangerous quantity ofheat nor are they likely to\nshort circuit or create sparks when they are transported in a packaging with no other battery\ntypes or chemistries present. Similarly, in letter Ref. No. 09-0150, we stated that, based on\nthe test data provided, used 6-volt carbon zinc batteries and 9-volt alkaline batteries are not\nsubject to regulation under the HMR when transported by highway or rail because they are\nnot likely to generate a dangerous quantity ofheat nor are they likely to short circuit or create\nsparks when transported in a packaging with no other battery chemistries present.\nAccording to your letter, your company participates in a battery recycling program. For\npurposes of shipping the used batteries in support ofthe battery recycling program, you\nrequest confirmation that used or spent batteries utilizing dry chemistries (e.g., alkaline and\ncarbon zinc) ofsizes ranging from 1.5-volt to 9-volt that are combined in the same package\nwithout terminal protection do not pose an unreasonable risk in transportation and, thus, are\nnot subject to the HMR.\nYour understanding is correct. After further consideration and analysis of the battery\nchemistries and sizes in question and based on information available to us, it is the opinion of\nthis Office that used or spent dry, sealed batteries of both non-rechargeable and rechargeable\ndesigns, described as \"Batteries, dry, sealed, n.o.s.\" in the Hazardous Materials Table in\n§ 172.101 ofthe HMR and not specifically covered by another proper shipping name, with a\nmarked rating up to 9-volt are not likely to generate a dangerous quantity of heat, short\n\n<<<PAGE 2>>>\n\ncircuit, or create sparks in transportation. Therefore, used or spent batteries of the type\n\"Batteries, dry, sealed, n.o.s.\" with a marked rating of9-volt or less that are combined in the\nsame package and transported by highway or rail for recycling, reconditioning, or disposal\nare not subject to the HMR. Note that batteries utilizing different chemistries (i.e., those\nbattery chemistries specifically covered by another proper shipping name) as well as dry,\nsealed batteries with a marked rating greater than 9-volt may not be combined with used or\nspent batteries of the type \"Batteries, dry, sealed, n.o.s.\" in the same package. Note also, that\nthe clarification provided in this letter does not apply to batteries that have been\nreconditioned for reuse.\nThis letter supersedes the clarification(s) provided in the following letters regarding the\napplicability ofthe HMR to the transportation of used or spent dry, sealed batteries:\nRef. No. 09-0090; June 23, 2009\nRef. No. 09-0112; June 23, 2009\nRef. No. 09-0135; June 23, 2009\nRef. No. 09-0150; August 13,2009\nRef. No. 09-0169; August 28, 2009\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\n'( j ...T\n~ el\"v..,-U- 'l. .\nward T. Mazzullo\nDirector\nOffice of Hazardous Materials Standards\n~\n\n<<<PAGE 3>>>\n\n1)er litnder-e f1\n~ 1'1~. 2.1\n~ (7Z./D2 SP/~'1\nMr. Charles Betts\nChief, Standards Development -euikr;e5\nPipeline and Hazardous Materials Safety Administration\nUnited States Department of Transportation\n1200 New J ersey Avenue SE, 2nd Floor\nWashington, D.C. 20590-0001\nAugust 27, 2009\nRe: Shipping of Spent Household Batteries for Recycling\nDear Mr. Betts,\nIn March 2009, we received guidance that each and every household (alkaline dry-cell)\nbattery being shipped (by land) to a battery recycling center, whether shipped in a\nseparate container of only l.5v alkaline batteries or with other mixed batteries, must be\n\"securely packaged\" by either having its terminals taped or being placed in an individual\nbaggie. Our previous interpretation had been that individual battery taping or bagging\napplied to spent lithium and NiCad types ofbatteries only. This recent interpretation has\ncaused scrambling by battery recycling centers and companies who are attempting to \"do\nthe right thing.\"\nHaving reviewed recent DOT letter of interpretation, I would like to request further\nclarification of DOT policy.\nOn June 23rd\n, 2009, the DOT (Ref# 09-0090) responded to Kinbursky Brothers Supply\nInc. April 16, 2009 letter requesting battery shipment clarification. Batteries were sorted\nso that only l.5-volt dry cell alkaline batteries were packaged together for transportation.\nTest data was supplied to demonstrate that these spent batteries contained very little, if\nany, energy content and that they were not capable of producing a dangerous evolution of\nheat during transportation. The DOT responded that when transported by highway or rail\nand separated from other types ofbatteries of different sizes or chemistries, spent 1.5 volt\nalkaline batteries do not pose an unreasonable risk in transportation and are not subject to\nregulation under the HMR. This conclusion was reaffirmed in a June 23, 2009 DOT\nletter of interpretation to a Mr. Josh Lynch of Pinellas County Utilities, Florida.\nIn May 2009, Wiley Rein Company sent a letter to the DOT (Ref # 09-0150), requesting\nclarification of spent dry cell battery shipping requirements. They enclosed test results of\ndry cell batteries which demonstrated that even when spent 6-volt zinc carbon batteries\nand 9-volt alkaline batteries were connected in series, there was not enough heat\ngenerated to cause a dangerous evolution of heat even if damaged or short circuited.\n{)q-Dlq~\n999 Lake Drive • Issaquah, WA 98027· 425/313-8100 • www.costco.com\n\n<<<PAGE 4>>>\n\nBased upon this evidence, the DOT's August 13, 2009 response letter agreed with the\ncompany's finding and concluded by saying that \"when transported by highway or rail\nand separated from other type batteries of different chemistries, used alkaline and zinc\ncarbon batteries do not pose an unreasonable risk in transportation and are not subject to\nregulation under the HMR.\"\nBased upon the above DOT letters ofinterpretation, please confirm that DOT policy is\nthat spent alkaline and zinc carbon dry cell batteries ranging from 1.5 to 9 volts, are not\nsubject to regulation under the HMR and may therefore be shipped by land or rail within\nthe same container to a battery recycler without each battery's terminals being\nindividually taped or bagged. {It is noted that spent lithium, NiCad, NI-MH and nonspillable\nbatteries are subject to HMR and must be individually taped or bagged and\ntransported in separate containers from the spent alkaline batteries.}\nThank you for your clarification.\nSincerely,\nDale ijerson\nDirector Risk Mgt\nCostco Wholesale\n425-313-8545\ndanderson@costco.com","truncated":false,"body_characters":7647}