{"operation":"document","citation":"09-0227","title":"Battery Council International Wiley Rein LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-01-07","effective_on":null,"summary":"09-0227 response to Battery Council International Wiley Rein LLP concerning 173.159, 173.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0227.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0227.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0227","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090227.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\nJAN -7 lO1O\n1200 New Jersey Avenue. SE\nWashington, DC 20590\nMr. Timothy J. Lanfond\nChair, Environmental Committee\nBattery Council International\nWiley Rein LLP\n1776 K Street NW\nWashington, DC 20006\nRef. No. 09-0227\nDear Mr. Lanfond:\nThis is in response to your October 6, 2009 letter requesting clarification on the applicability\nof the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation\nofdamaged electric storage batteries shipped for recycling by motor vehicle.\nAccording to your letter, the standard practice for handling damaged electric storage batteries\nentails placing each damaged battery into an individual heavyweight polyethylene bag closed\nwith an adjustable plastic tie. The battery is then securely placed onto a pallet with intact\nelectric storage batteries. Each pallet may contain between 50 and 70 batteries. The pallet of\nbatteries is then secured with stretch wrap and offered for transportation under the provisions\nin § 173.l59(e).\nIn a previous letter to Mr. Paul Ackerman dated April 20, 2006, this office stated that a\ndamaged electric storage battery is not eligible for the exceptions in § 173.159( e) ifthe\ndamage has rendered it incapable ofretaining battery fluid inside the outer casing during\ntransportation. Following are three acceptable methods to transport damaged batteries that\nhave the potential for leakage:\n1. 2. 3. Drain the battery of fluid to eliminate the potential for leakage during transportation;\nRepair andlor package the battery in such a manner that leakage is not likely to occur\nunder conditions normally incident to transportation; or\nTransport the damaged or leaking battery in accordance with § 173.3(c).\nIn your letter, you suggest that when au electric storage battery is damaged to the extent that\nit cannot retain the battery fluid, the fluid typically drains from the battery before\ntransportation in commerce begins. However, you note that some residual fluid may remain\nin the battery. Provided the damaged battery is not visibly leaking when offered for\n\n<<<PAGE 2>>>\n\ntransportation in commerce and fluid is not likely to leak from the battery during nonnal\nconditions of transport, the use ofa securely closed heavyweight polyethylene bag as\ndescribed in your letter is an acceptable means to protect against leakage ofbattery fluid.\nNote that batteries packaged in this manner must still be properly handled and secured on the\nvehicle in order to prevent the release of fluid from the battery itself.\nI hope this infonnation is helpful, please contact us if you require additional assistance.\nSincerely,\n. tlw.v-J ( Yl1V i&'-Je\nEdward T. Mazzullo {/~\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 3>>>\n\nL.e.ar~\n§lll.3\nBattery Council WASHINGTON OFFICE\nnternationa I ~ 113,'59 Wiley Rein LLP\n1776 K Street NW\n13a.-Aerie s Washington, D.C. 20006\nTel. 202.719.7000\n() 9-0 7J..,1 Fax 202.719.7207\nOctober 6, 2009\nMr. Edward Mazzullo\nOffice ofHazardous Materials\nPipeline and Hazardous Materials Safety Administration\nU.S. Department ofTransportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRe: Packaging Procedures for Damaged Lead Acid Batteries\nDear Mr. Mazzullo:\nI am writing to follow-up on our August 5, 2009 meeting at your office regarding the use\nofpoly bags to ensure the safe transport ofdamaged lead acid batteries being shipped for\nrecycling by motor vehicle.\nThe Battery Council International (BCI) is a trade association that represents virtually all\nofthe nation's lead acid battery manufacturers and the overwhelming majority ofused\nbattery recyclers. With this letter we request your confirmation that the practices\ndescribed below are appropriate.\nOn April 2, 2006, you wrote to Mr. Paul Ackerman (Ref. No. 06-0062) regarding the\nproper packaging ofdamaged batteries pursuant to the exception provided in 49 CFR\n173.159( e). You recognized three appropriate mechanisms for shipping damaged\nbatteries that have the potential for leakage:\n1) the battery has been drained ofbattery fluid;\n2) the battery has been repaired andlor packaged in such a way that leakage of\nbattery fluid in not likely to occur under conditions normally incident to\ntransportation; or\n3) the damaged or leaking battery is transported under the provisions set out in\n49 CFR 173.3(c).\nThe lead battery recycling industry recycles more than 110 million such batteries\nannually. Most ofthese are collected from \"big box\" retailers and similar large volume\ncollectors. The industry historically has followed the approaches understood to be\nconsistent with your above-quoted interpretation, and has never had a problem with\ndamaged batteries. To the contrary, BCI has polled it members who supply and collect\nfor recycling the vast majority oflead acid batteries and found the following:\n\n<<<PAGE 4>>>\n\nMr. Edward Mazzullo\nOctober 6, 2009\nPage 2\no One company, which ships and/or transports about 43,000 truckloads of used\nbatteries a year, reviewed its files (including reports filed via Chemtrec) for\nthe last two years. It found 10 incidents involving leaking batteries, none of\nwhich related to batteries contained in poly bags. All 10 involved minor\naccidents or stress due to pallet-packaging errors (which since have been\ncorrected).\no Another company, which ships and/or transports about 59,000 truckloads of\nused batteries a year, and typically does not use poly bags, had no citations for\nleakage. It reports that it only sees acid leakage onto truck floors rarely, when\na pallet has not been securely stretch-wrapped and batteries fall off the pallet.\no A third company, which arranges for the shipment of 5 million used batteries\n(about 4,500 truckloads) a year, and uses poly bags when the batteries appear\ndamaged, has not had any reports of leaking from them. It reports only seeing\noccasional reports of leakage from transported batteries, and then only when\nloads have been damaged as a result of an accident.\nDuring our meeting on August 5th\n, we discussed whether it is appropriate for large scale\ncollectors to ship by motor vehicle damaged batteries from which acid leakage previously\nhas occurred, where those batteries have been placed into strong poly bags that are\nproperly closed with an adjustable plastic tie and secured, placed with intact used\nbatteries on pallets and then stretch wrapped. The industry believes such handling is\nfully consistent with the second clause set forth in your April 2nd letter to Mr. Ackerman.\nWe thus now seek confirmation of this fact.\nIn the circumstances of concern, the battery casing may no longer be completely intact\n(as would be the case, for example, with a new battery). When the unit's casing was\ndamaged, liquid acid contained in the battery would have drained out. This typically has\noccurred long before the batteries were received at a retailer or other large volume\ncollector for recycling, although occasionally damage and leakage occur at the collector's\nlocation. As noted above, a historic practice often has been to put these damaged\nbatteries with no visibly leaking electrolyte into poly bags that are properly closed with\nan adjustable plastic tie, securely place those bagged batteries onto pallets with\nundamaged used batteries, and stretch wrap the entire pallet. This is documented on the\nattachment.\nThe reason the industry believes it appropriate to address the possibility that there may be\nsome residual acid in a previously-damage battery is this: Lead acid batteries contain not\nonly free liquid (i.e., acid), but also elements that, in normal use, absorb acid. A small\nquantity of free liquid also may remain in a damaged battery, even though most of its\ncontent has previously drained. Bagging of the damaged batteries with no visibly leaking\nelectrolyte protects against further release of these residual amounts. The resulting\nliquids constitute only a minimal amount of the battery's prior content. The bags are not\nused to ship quantities of acid otherwise removed from the batteries.\n\n<<<PAGE 5>>>\n\nMr. Edward Mazzullo\nOctober 6, 2009\nPage 3\nWe would appreciate your confirmation that the practices documented in the attachment\nare appropriate in the circumstances described, and fully comply with DOT's hazardous\nmaterials regulations applicable to transportation of used lead acid batteries by motor\nvehicle.\nThank you.\nSincerely,\nT=y~a~~~\nChair, BCI Environment Committee\ncc; Committee Members\nDavid B. Weinberg, Wiley Rein LLP\nGeorge Kerchner, Wiley Rein LLP\n\n<<<PAGE 6>>>\n\nRecommended Industry Practices\nfor Palletizing Junk Batteries\nProcedures\nStep 1) The Department ofTransportation (DOT) specifies that junk batteries are to be stacked\non pallets in good condition. A piece of cardboard must be placed on an empty pallet\nbefore stacking first layer ofjunks. Do not use CHEP pallets for junk battery\nreturns.\nStep 2) A piece of cardboard must be placed between each layer and on top. Batteries should\nnot be stacked more than 3 layers high. Each pallet may contain 50~ 70 junk batteries\ntotal.\nStep 3) Arrange batteries so that terminals do not touch that could lead to a short circuit\nStep 4) Load batteries 2 layers high, then shrink wrap. Wrap tightly 3 or 4 times around,\nmaking sure to catch top of pallet to help anchor load.\nStep 5) Load third layer and place honeycomb cardboard on top. Shrink wrap entire load.\nWrap tightly 3 or 4 times around overlapping bottom layers.\nNOTE: Full wheel weight buckets and damaged batteries should be stacked on the\ntop layer of the junk pallet in the middle.\nNOTE: Damaged batteries that are not visibly leaking electrolyte should be placed in\nstrong poly bags and properly closed with an adjustable plastic tie. Batteries also\nshould be properly secured.\nI\nDO NOT STACK PALLETS OF BATTERIES ON TOP OF EACH OTHER\nStore's Responsibilities\n• Return your junk batteries and wheel • During inventory battery deliveries must\nweights to your battery vendor (do not sell still be signed for\nthem locally) • Place DNI (Do Not Inventory) tag on top\n• Strip labels offor spray paint the warranty ofbattery pallets\nreturns and junks to prevent theft • Junk battery pallets should be moved to the\n• Junk batteries should be palletized and same location batteries are delivered to\nready for pick-up prior to the arrival ofthe\ntruck","truncated":false,"body_characters":10375}