Mr. Ronald B. Johnstone — Hazardous Materials Safety Interpretation

Page 1u.s. Department ofTransportation Pipeline and Hazardous Materials Safety Administration NOV 2 5 2009 1200 New Jersey Ave., SE Washington, DC 20590 Mr. Ronald B. Johnstone Consulting Engineer 251 Rodonovan Drive Santa Clara. CA 9S0S1-660S Ref. No. 09-0219 Dear Mr. Johnstone: This responds to your September 14. 20091etter requesting further clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transport of discarded household batteries. According to your letter. the city of Santa Clara has a battery recycling program which requests homeowners to tape the positive terminal ofhousehold batteries prior to placing them in plastic bags for curbside battery recycling. In your letter. you state this program of taping the positive terminal is due to overzealous interpretation of the requirements of § 173.21 (c) and subsequent interpretations on the transportation of batteries. You assert that few households will take the time to tape the batteries for recycling and batteries will again be placed in general household garbage for disposal. In your letter. you also reference a letter issued by this Office on June 23. 2009 (Ref. No. 09-0090) in which we provide interpretation that spent 1.S-volt alkaline dry cell batteries are not subject to regulation under the HMR when transported by highway or rail because they are not likely to generate a dangerous quantity of heat nor are they likely to short circuit or create sparks when they are transported in a packaging with no other battery types or chemistries present. You suggest that we broaden this interpretation to include aU discarded household batteries of 1.2-1.5 volt AAA. AA, C, D and 9-volt of any chemistry because you believe such batteries are safe for transport. The HMR govern the safe transportation of hazardous materials in commerce. A local government agency that transports hazardous materials (e.g., transporting discarded household batteries as part of a government recycling program) using its own personnel is not engaged in transportation in commerce and, therefore. is not subject to the HMR. However, if the local government agency transports hazardous materials for a commercial purpose. utilizes contract personnel to transport the materials, or offers a hazardous material for transportation to a commercial carrier, then the HMR apply.#

Page 2Under § 173 .21 (c), the HMR prohibit the transportation ofelectrical devices that are likely to create sparks or generate a dangerous quantity ofheat, unless the devi'ces are packaged in a manner that precludes such an occurrence. Certain dry battery chemistries such as dry, sealed batteries are subject to limited regulation under the HMR while other batteries such as lithium batteries are more fully regulated under the HMR because of different risks in transportation associated with different battery chemistries. Thus, this Office disagrees that discarded household batteries of any chemistry and marked voltage as you describe are safe for transport without protection against short circuiting or damage to tenninals. However, after further consideration and analysis of dry, sealed battery chemistries and based on infonnation available to us, it is the opinion ofthis 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 ofthe 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 ofheat, short circuit, or create sparks in transportation. Therefore, used or spent batteries ofthe type "Batteries, dry, sealed, n.o.s." with a marked rating of 9-volt or less that are combined in the same package and transported by highway or rail for recycling, reconditioning, or disposal are not subject 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 of the 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 infonnation is helpful. If you need further assistance, please contact this Office. Sincerely, :h{J{~ b~l¥ Caries E. Betts Clf Standards Development Office ofHazardous Materials Standards 2#

Page 3Ronald B. Johnstone Consulting Engineer 251 Rodonovan Drive Santa Clara, CA 95051-6605 'Bo~ €j'73· 2/~) Forb,'ddell MGl.-le.n~lb o 1-O~I '1 (408) 247-5305 Cell (408) 307-2401 ronbj 99@yahoo.com U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor 1200 New Jersey Ave., SE Washington, DC 20590 Re: DOT Regulations Section 173.21(c) CUrrentiy, somewhat overzeaious safety people are interpreting this regulation . as a flat prohibition of the transportation of unprotected spent household batteries. There was a Viable household battery recycling program in place where spent batteries could be placed in a sealed plastic bag for separate pickup along with general household garbage and trash by cities. Now, because of this regulation and later interpretations, cities are demanding that each battery have its positive terminal sealed with tape before it may be collected. The result is that few people will take the time to do this and batteries will instead again be hidden in garbage for illegal disposal. You have somewhat addressed this problem in your PHMSA Interpretation #090090, where you have exempted spent 1.5 volt alkaline dry cell batteries from the transportation regulation. The answer would be to broaden the interpretation to include sill discarded general household batteries, 1.2-1.5 volt AAA, AA, C, D and 9 volt radio, of any chemistry as exempt from the requirements of the main regulation. This would be entirely reasonable as such batteries are quite safe to transport. It is only when you get into the more exotic battery packs that are now being used in electric vehicles where many batteries are electrically connected together in series to yield a combined high voltage will you encounter any real danger. Such battery packs' should indeed be regulated, but it is because of the high connected output voltage of the pack that may spark or burn, not simply because they are batteries. Please clarify this transportation situation so that household recycling can again be made viable and therefore beneficial to the environment. Sincerely, Ronald B. Johnstone September 14, 2009#

Page 4" Most Common Ba,tteries . 'Most' . Other IEC 60086 ANSTINEDA Typical Common Common Name ~;:~' Name fi.i Capacity Name l~~ Names (mAh) [!-{ AAA Micro LR03 (alkaline) 24A (alkaline) 1200 (alkaline) Microlight R03 (carbon­ 24D (carbon­ 540 (carbonMN2400 zinc) zinc) zinc) MX2400 FR03 (Li-FeS2) 24LF (Li-FeS2) 800-1000 (Ni- Type 286 (Soviet MH) UnionlRussia) AA Pencil-sized LR6 (alkaline) 15A (alkaline) 2700 (alkaline) Penlight R6 (carbon-zinc) 15D (carbon- 1100 (carbontvngncn PRG (Lithium- zinc) zinc) MN1500 FeS2) l5LF (Lithium- 3000 (LithiumMX1500 HR6 (Ni-MH) FeS2) FeS2) Type 316 (Soviet KR157/5l (NiCd) 1.2H2 (NiMH) 1700Union/Russia) ZR6 (Ni-Mn) 10015 (NiCd) 2900 (NiMH) 6001000 (NiCd) MN1400 LR14 (alkaline) 14A (alkaline) 8000 (alkaline) MX 1400 R14 (carbon- 14D (carbon­ 3800 (carbonBaby zinc) zinc) zinc) Type 343 (Soviet KR27/50 (NiCd) 4500U nioniRussia) 6000 (NiMH) U2 (In Britain LR20 (alkaline) 13A (alkaline) 12000 (alkaline until the 1970s) R20 (carbon­ l3D (carbon­ ) Flashlight Batter zinc) zinc) 8000 (carbony zinc) MN1300 2200MX1300 12000 (NiMH) Mono Type 373 (Soviet UnionlRussia) 9-Volt PP3 6LR61 (alkaline) 1604A (alkaline) 565 (alkaline) Radio battery 6F22 (carbon­ 1604D (carbon- 400 (carbonMN1604 zinc) zinc) zinc) Square(sic) 6KR61 (NiCd) 1604LC (Lithium) 1200 (lithium) battery 7.2H5 (NiMH) 175 (NiMH) Krona (Soviet 11604 (NiCd) 120 (NiCd) UnionlRussia) 500 (Lithium polymer rechrg) Nominal Voltage (Y)'~ 1.5 1.2 (NiMH and NiCd) 1.5 1.2 (NiMH and NiCd) 1.5 1.2 (NiMH) 1.5 1.2 (NiMH) 9 7.2 (NiMH and NiCd) 8.4 (some NiMH and NiCd)#