{"operation":"document","citation":"09-0225","title":"Mr. Donald Sugerman — 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":"09-0225 concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0225.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0225.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0225","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090225.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Material\nSafety Administration\n1200 New Jersey Ave, S.E\nWashington. D.C. 20590\nNOV 2 5 2009\nMr. Donald Sugerman\n2998 Geddes Avenue\nAnn Arbor, MI 48104-2725\nRef. No.: 09-0225\nDear Mr. Sugerman:\nThis responds to your letter dated September 30, 2009, regarding the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180), as they apply to the transportation of alkaline\ndry cell batteries collected and shipped for recycling. Specifically, you ask whether alkaline\ndry cell batteries collected from households for recycling must be transported in accordance\nwith the HMR.\nThe HMR govern the safe transportation ofhazardous materials in commerce. A state\nagency, such as a county recycling program collecting spent batteries, or local jurisdiction\nthat transports hazardous materials for governmental purposes using its own personnel is not\nengaged in transportation in commerce and, therefore, is not subject to the HMR. However,\nif the state agency or local jurisdiction 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.\nThe HMR prohibit the transportation of electrical devices that are likely to create sparks or\ngenerate a dangerous quantity of heat, unless the devices are packaged in a manner that\nprecludes such an occurrence. However, certain dry, sealed batteries are not subject to the\nprohibition and are excepted from full regulation under the HMR when they are securely\npackaged and offered for transportation in a manner that prevents a dangerous evolution of\nheat and protects against short circuits in conformance with § 172.1 02( c)( 1), Special\nProvision 130.\nAdditionally, on June 23, 2009, our Office issued several letters ofinterpretation stating that\nbased on test data provided, spent 1.5-volt alkaline dry cell batteries are not subject to the\nprovisions for secure packaging and prevention of a dangerous evolution ofheat and\nprotection against short circuit under the HMR, when transported by highway or rail, because\nthey are not likely to generate a dangerous quantity of heat nor are they likely to short circuit\nor create sparks when they are transported in a packaging with no other battery types or\nchemistries present.\n\n<<<PAGE 2>>>\n\nAfter further consideration and analysis ofdry, sealed battery chemistries and sizes and based\non information available to us, it is the opinion ofthis Office that used or spent dry, sealed\nbatteries ofboth 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 of9-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 ofthe 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.\nWe welcome feedback from private citizens and the hazmat safety community on ways to\nimprove transportation safety. Questions or concerns may be directed to the Hazardous\nMaterials Information Center at 1-800-HMR-4922 or 1-800-467-4922. You may also access\nthe U.S. Department ofTransportation, Office ofPipeline and Hazardous Materials Safety\nAdministration's (PHMSA) website at http://www.phmsa.dot.gov/hazmat.\nI hope this satisfies your inquiry. Ifwe can be of further assistance, please contact us.\nSincerely,\n9t~~\nharles E. Betts\n. ef, Standards Development\no ofHazardous Materials Standards\n\n<<<PAGE 3>>>\n\nEn5(u'M\n~ 113. 15'1\n2998 Geddes Avenue ~ll.3. J<o5(P)\nAnn Arbor, MI 48104-2725\n~l+erle.s\noG-() 2.:2. 5\nSeptember 30, 2009\nPipeline and Hazardous\nMaterials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Ave SE\nWashington DC 20590-0001\nRe: Disposal/Household Batteries:\nDear PHMSA:\nThis past summer, after accumulating well over a hundred batteries (hearing\naid, AAA, AA, C and D), I put them in a labeled container and placed them outside my\nhouse for recycling - as I have often done over the years. They were not accepted\nand a pre-printed note was left stating that each end of each battery had to be taped\nand then put into a sealed plastic packet. I was surprised and went to the EPA's\nwebsite to find out what was going on. While I did riot get an immediate answer, I\nnoted that batteries like the type I use, can be put in the regular waste and do not\nhave to be recycled. I do not want to do this, but I do not want to tape each battery\neither. I finally heard from EPA and was told that taping was a regulation promulgated\nby the US Department of Transportation. Thus, this letter.\nMy questions to you are: Ifmost people continue to simply throw their batteries\naway (as I suspect they do), and those who recycle stop dOing so, isn't the regulation\ncounter-productive? If batter,es cause fires when transported in bulk, will not this\nproblem simply be transferred to the regular waste collection vehicles? While I know\nthat fires are serious matters, I wonder about the number of confirmed 'fires that led\nto the regulation and whether it was found that household batteries caused them? If\nthey did not, might the regulation be extreme? I hope you will respond fairly soon.\nThanks.","truncated":false,"body_characters":5993}