Fanwood"Scotch Plains Recycling Association — Hazardous Materials Safety Interpretation

Page 1U.S. Department ofTransportation 1200 New Jersey Avenue, SE JAN - 8 2010 Washington, DC 20590 Pipeline and Hazardous Materials Safety Administration Mr. Harold R. Clark President Fanwood-Scotch Plains Recycling Association 216 Second Street Fanwood, NJ 07023 Ref. No. 09-0295 Dear Mr. Clark: This responds to your November 23, 2009 letter requesting clarification of the applicability ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transport of discarded household batteries. DOT has issued several letters including a letter issued on June 23, 2009 (Ref. No. 09-0090) and August 13, 2009 (Ref. No. 09-0150), in which we provide interpretation on the applicability ofthe HMR to the transportation of various types and sizes of used dry cell batteries. We have since revised those interpretations (see Ref. No. 09-0090R and Ref. No. 09-0150R). After further consideration and analysis ofdry battery chemistries and sizes and based on information available to us, it is the opinion ofthis Office that used or spent dry, sealed batteries ofboth 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 of heat, 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 answers your inquiry. If you have further questions, please do not hesitate to contact this office. Sincerly, i ./half; N l)./rIf!; 'J ICharles ~.-;tts \ Chief, Standards Development ~ce of Hazardous Materials Standards#

Page 2Learq ~172. l'dl 216 Second Street Fanwood, NJ 07023 13a /krles November 23, 2009 Of-o:L 9SU.S. Department ofTransportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor 1200 New Jersey Ave., SE Washington, DC 20590 Dear Administrator: I am writing on behalfofthe Fanwood-Scotch Plains Recycling Association to express our deep concern and disappointment at the unintended consequences of ill-conceived federal regulations concerning battery recycling. In April, your agency issued clarification on regulations, now requiring that batteries being transported for recycling, other than 1.5 V alkaline batteries, either be in individual plastic bags or have their terminals covered by tape to prevent discharge ofresidual power that might spark a truck fire. Evidence cited was 3 fIres over the course of 3 years. In light ofthis action, our Association has decided it will have to discontinue its 25 year old service of collecting and recycling used batteries. It is too labor intensive for our all volunteer, self-funded organization to get the batteries we collect into the required condition or, even ifthe public could be educated to properly prepare their batteries before dropping them in the barrel, to ensure that everyone did. Our county is likewise discontinuing its recycling program. . We do realize that for household batteries, only the rechargeable ones are required by law to be recycled because ofthe hazardous materials they contain, but most people do not know ofthis requirement nor is it always easy to tell what type of battery one has. Residents will now have to determine iftheir batteries are rechargeable or not, and take their rechargeable batteries to local stores that participate in the Rechargeable Battery Recycling Corporation program. In contrast, our county and Recycling Association collect all types ofbatteries, and let the vendor sort them in a process that is cost-effective for them because ofvolume. Even batteries that do not have to be recycled may still contain materials that can contaminate ground water or air, ifincinerated . The practical effect ofyour regulations is to make recycling ofbatteries more difficult, and, faced with such impediments; most people will simply not bother and will instead toss all batteries into the trash. This means more batteries with toxic materials will be entering our landfills, potentially contaminating our soil and water supplies or our air. Ofcourse we realize that the Department ofTransportation is responsible only for weighing risk associated with transportation, but in an overall evaluation ofrisk, we would far prefer the very low risk ofa few truck fires to the risk ofcontamination ofour nation's soil, water, and air.#

Page 3We would urge you to reconsider this regulation or at least fmd a less onerous way to achieve the necessary safety by transportation in an inert atmosphere or sealed container or some other technical fix. Thank you for your consideration ofthis issue. Sincerely yours, )WJ- vhl Harold R. Clark, President Fanwood-Scotch Plains Recycling Association#