{"operation":"document","citation":"09-0219","title":"Mr. Ronald B. Johnstone — 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":"09-0219 concerning 172.101, 173.21.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0219.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0219.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0219","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090219.pdf","body":"<<<PAGE 1>>>\n\nu.s. Department\nofTransportation\nPipeline and Hazardous Materials\nSafety Administration\nNOV 2 5 2009\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Ronald B. Johnstone\nConsulting Engineer\n251 Rodonovan Drive\nSanta Clara. CA 9S0S1-660S\nRef. No. 09-0219\nDear Mr. Johnstone:\nThis responds to your September 14. 20091etter requesting further clarification of the\napplicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the\ntransport of discarded household batteries.\nAccording to your letter. the city of Santa Clara has a battery recycling program which\nrequests homeowners to tape the positive terminal ofhousehold batteries prior to placing\nthem in plastic bags for curbside battery recycling. In your letter. you state this program of\ntaping the positive terminal is due to overzealous interpretation of the requirements of\n§ 173.21 (c) and subsequent interpretations on the transportation of batteries. You assert that\nfew households will take the time to tape the batteries for recycling and batteries will again\nbe placed in general household garbage for disposal.\nIn your letter. you also reference a letter issued by this Office on June 23. 2009 (Ref. No.\n09-0090) in which we provide interpretation that spent 1.S-volt alkaline dry cell batteries are\nnot subject to regulation under the HMR when transported by highway or rail because they\nare not likely to generate a dangerous quantity of heat nor are they likely to short circuit or\ncreate sparks when they are transported in a packaging with no other battery types or\nchemistries present. You suggest that we broaden this interpretation to include aU discarded\nhousehold batteries of 1.2-1.5 volt AAA. AA, C, D and 9-volt of any chemistry because you\nbelieve such batteries are safe for transport.\nThe HMR govern the safe transportation of hazardous materials in commerce. A local\ngovernment agency that transports hazardous materials (e.g., transporting discarded\nhousehold batteries as part of a government recycling program) using its own personnel is\nnot engaged in transportation in commerce and, therefore. is not subject to the HMR.\nHowever, if the local government agency transports hazardous materials for a commercial\npurpose. utilizes contract personnel to transport the materials, or offers a hazardous material\nfor transportation to a commercial carrier, then the HMR apply.\n\n<<<PAGE 2>>>\n\nUnder § 173 .21 (c), the HMR prohibit the transportation ofelectrical devices that are likely to\ncreate sparks or generate a dangerous quantity ofheat, unless the devi'ces are packaged in a\nmanner that precludes such an occurrence. Certain dry battery chemistries such as dry,\nsealed batteries are subject to limited regulation under the HMR while other batteries such as\nlithium batteries are more fully regulated under the HMR because of different risks in\ntransportation associated with different battery chemistries. Thus, this Office disagrees that\ndiscarded household batteries of any chemistry and marked voltage as you describe are safe\nfor transport without protection against short circuiting or damage to tenninals.\nHowever, after further consideration and analysis of dry, sealed battery chemistries and based\non infonnation available to us, it is the opinion ofthis 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 ofthe 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 ofheat, short circuit, or create sparks in\ntransportation. Therefore, used or spent batteries ofthe type \"Batteries, dry, sealed, n.o.s.\"\nwith a marked rating of 9-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 infonnation is helpful. If you need further assistance, please contact this Office.\nSincerely,\n:h{J{~ b~l¥\nCaries E. Betts\nClf Standards Development\nOffice ofHazardous Materials Standards\n2\n\n<<<PAGE 3>>>\n\nRonald B. Johnstone\nConsulting Engineer\n251 Rodonovan Drive\nSanta Clara, CA 95051-6605\n'Bo~\n€j'73· 2/~)\nForb,'ddell MGl.-le.n~lb\no 1-O~I '1\n(408) 247-5305 Cell (408) 307-2401 ronbj 99@yahoo.com\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\n1200 New Jersey Ave., SE\nWashington, DC 20590\nRe: DOT Regulations Section 173.21(c)\nCUrrentiy, somewhat overzeaious safety people are interpreting this regulation\n. as a flat prohibition of the transportation of unprotected spent household\nbatteries. There was a Viable household battery recycling program in place\nwhere spent batteries could be placed in a sealed plastic bag for separate\npickup along with general household garbage and trash by cities. Now,\nbecause of this regulation and later interpretations, cities are demanding that\neach battery have its positive terminal sealed with tape before it may be\ncollected. The result is that few people will take the time to do this and\nbatteries will instead again be hidden in garbage for illegal disposal.\nYou have somewhat addressed this problem in your PHMSA Interpretation #090090,\nwhere you have exempted spent 1.5 volt alkaline dry cell batteries from the\ntransportation regulation.\nThe answer would be to broaden the interpretation to include sill discarded general\nhousehold batteries, 1.2-1.5 volt AAA, AA, C, D and 9 volt radio, of any chemistry\nas exempt from the requirements of the main regulation.\nThis would be entirely reasonable as such batteries are quite safe to transport. It\nis only when you get into the more exotic battery packs that are now being used\nin electric vehicles where many batteries are electrically connected together in\nseries to yield a combined high voltage will you encounter any real danger. Such\nbattery packs' should indeed be regulated, but it is because of the high connected\noutput voltage of the pack that may spark or burn, not simply because they are\nbatteries.\nPlease clarify this transportation situation so that household recycling can\nagain be made viable and therefore beneficial to the environment.\nSincerely,\nRonald B. Johnstone\nSeptember 14, 2009\n\n<<<PAGE 4>>>\n\n\" Most Common Ba,tteries\n. 'Most' . Other IEC 60086 ANSTINEDA Typical\nCommon Common Name ~;:~' Name fi.i Capacity\nName l~~ Names (mAh) [!-{\nAAA Micro LR03 (alkaline) 24A (alkaline) 1200 (alkaline)\nMicrolight R03 (carbon­ 24D (carbon­ 540 (carbonMN2400\nzinc) zinc) zinc)\nMX2400 FR03 (Li-FeS2) 24LF (Li-FeS2) 800-1000 (Ni-\nType 286 (Soviet MH)\nUnionlRussia)\nAA Pencil-sized LR6 (alkaline) 15A (alkaline) 2700 (alkaline)\nPenlight R6 (carbon-zinc) 15D (carbon- 1100 (carbontvngncn\nPRG (Lithium- zinc) zinc)\nMN1500 FeS2) l5LF (Lithium- 3000 (LithiumMX1500\nHR6 (Ni-MH) FeS2) FeS2)\nType 316 (Soviet KR157/5l (NiCd) 1.2H2 (NiMH) 1700Union/Russia)\nZR6 (Ni-Mn) 10015 (NiCd) 2900 (NiMH)\n6001000\n(NiCd)\nMN1400 LR14 (alkaline) 14A (alkaline) 8000 (alkaline)\nMX 1400 R14 (carbon- 14D (carbon­ 3800 (carbonBaby\nzinc) zinc) zinc)\nType 343 (Soviet KR27/50 (NiCd) 4500U\nnioniRussia) 6000 (NiMH)\nU2 (In Britain LR20 (alkaline) 13A (alkaline) 12000 (alkaline\nuntil the 1970s) R20 (carbon­ l3D (carbon­ )\nFlashlight Batter zinc) zinc) 8000 (carbony\nzinc)\nMN1300 2200MX1300\n12000 (NiMH)\nMono\nType 373 (Soviet\nUnionlRussia)\n9-Volt PP3 6LR61 (alkaline) 1604A (alkaline) 565 (alkaline)\nRadio battery 6F22 (carbon­ 1604D (carbon- 400 (carbonMN1604\nzinc) zinc) zinc)\nSquare(sic) 6KR61 (NiCd) 1604LC (Lithium) 1200 (lithium)\nbattery 7.2H5 (NiMH) 175 (NiMH)\nKrona (Soviet 11604 (NiCd) 120 (NiCd)\nUnionlRussia) 500 (Lithium\npolymer rechrg)\nNominal Voltage\n(Y)'~\n1.5\n1.2 (NiMH and NiCd)\n1.5\n1.2 (NiMH and NiCd)\n1.5\n1.2 (NiMH)\n1.5\n1.2 (NiMH)\n9\n7.2 (NiMH and NiCd)\n8.4 (some NiMH and\nNiCd)","truncated":false,"body_characters":8361}