{"operation":"document","citation":"10-0028","title":"Total Reclaim, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-04-14","effective_on":null,"summary":"10-0028 response to Total Reclaim, Inc. concerning 172.101, 173.21.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0028.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0028.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0028","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/100028.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department ofTransportation Pipeline and Hazardous Materials\nSafety Administration\nAPR 14 2010\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMs. Peggy Halferty, P.E.\nEnvironmental Health and Safety Manager\nTotal Reclaim, Inc.\n2200 6th A venue south\nSeattle, W A 98134\nRef. No. 10-0028\nDear Ms. Halferty:\nThis responds to your February 4, 2010 request for clarification on shipment of batteries\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you\nask that PHMSA consider the extension of the battery terminal insulation determinations, as\nstated in interpretation Ref. No. 09-0219, to domestic shipments by barge.\nUnder § 173.21(c), the HMR prohibit the transportation of electrical devices that are likely to\ncreate sparks or generate a dangerous quantity ofheat, unless the devices are packaged in a\nmanner that precludes such an occurrence. However, as indicated in interpretation Ref. No.\n09-0219, it is the opinion of this Office that used or spent batteries of both non-rechargeable\nand rechargeable designs, described as \"Batteries, dry, sealed, n.o.s.\" in the Hazardous\nMaterials Table in §172.1 0 1 of the HMR, and not specifically covered by another proper\nshipping name, with a marked rating up to 9-volt are not likely to generate a dangerous\nquantity of heat, short circuit, or create sparks in transportation. Therefore, used or spent\nbatteries of the type \"Batteries, dry, sealed, n.o.s.\" with a marked rating of9-volt or less that\nare combined in the same package and transported by highway, rail and also by barge or vessel\nfor recycling, reconditioning, or disposal are not subject to the HMR. Note that batteries\nutilizing different chemistries (Le., those battery chemistries specifically covered by another\nproper shipping name) as well as dry, sealed batteries with a marked rating greater than 9-volt,\nmay not be combined with used or spent batteries of the type \"Batteries, dry, sealed, n.o.s.\" in\nthe same package. Note also, that the clarification provided in this letter does not apply to\nbatteries that have been reconditioned for reuse.\nI hope this information is helpful. Ifyou need further assistance, please contact this Office.\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA) Da...#~rie..5:.\nSent: Thursday, February 04, 2010 3:40 PM '11 a\nTo: Drakeford, Carolyn (PHMSA) '0 ;\",,·00 ~O\nSubject: FW: PHMSA Interpretation ref. no. 09-0219 and shipment of batteries by barge\nCarolyn,\nThanks,\nRob\nHere is another request for written interpretation.\nFrom: Peggy Halferty [mailto:PeggyH@TotaIReclaim.com]\nSent: Thursday, February 04, 20103:17 PM\nTo: INFOCNTR (PHMSA)\nSubject: PHMSA Interpretation ref. no. 09-0219 and shipment of batteries by barge\nEdward Mazzuzllo,\nDirector of Hazardous Material Standards\nPipeline & Hazardous Material Safety Administration\nDear Mr. Mazzullo,\nTotal Reclaim, Inc (TRI! is an electronics recycling company. We also function as a storage and\nhandling facility for reC)~ling batteries. TRI strives to provide an affordable, accessible recycling\nalternative for electronics, batteries and fluorescent lights in the Pacific Northwest. In addition we\nstrive at all times to comply with state federal and local regulations As part of this effort and in\ncompliance with 49 CFR 173-181, Special Provision 130 in 172.102 and 173.21 we have monitored\nthe interpretations issued by the PHMSA and modified our shipping procedures to comply with the\nlatest interpretations issued.\nIt has come to our attention that a letter of interpretation was issued to Mr. Johnstone on November\n25,2009 (Ref. No. 09-0219) stating that used or spent batteries of the type \"Batteries, dry, sealed,\nn.o.s.\" with 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\". This letter\nprovides substantial relief in the preparation of 9-volt or less batteries for shipping. As noted above,\nthis interpretation states \"transported by highway or rail\". TRI operates a recycling consolidation\nfacility in Alaska. Our Alaska facility collects batteries from Anchorage and other Alaskan\ncommunities, sorts and prepares them for shipping. These batteries are shipped by barge. As the\ninterpretations (Ref No. 09-0090 and Ref. No. 09-0219) issued to date do not provide relief from\nterminal insulation requirements for materials shipped by barge, our Alaska facility has continued to\ninsulate the terminals of all batteries shipped.\nWhile we understand that shipment by air requires more stringent safety requirements, we ask that\nyou consider the extension of the batte\"1 term\\na\\ \\nsu\\atlon determinations stated in Interpretation\nRef. No. 09-0219 to shipments by barge (domestic vessels).\nThank you so much for your time and consideration,\n1\n\n<<<PAGE 3>>>\n\nPeggy Halferty, P.E.\nEnvironmental Health and Safety Manager,\nTotal Reclaim, Inc. 2200 6th Ave South\nSeattle WA, 98134\nPeggy Halferty P,E. EHS Manager\npeggvh@totalreclaim.com\nTOTAL RECLAIM\nT 206.343,7443\nF 206.343.7445\nJOTALRECLAIM.COM\nConfidentiality Statement:\nThe information contained in this email communication and all attachments hereto are intended to be confidential,\nprivileged, and are for the sole use of the intended recipient. Any retention, dissemination or distribution of this\ncommunication and any attachments is strictly prohibited. If you have received this email in error, please notify the sender\nand delete this communication and all attachments,\n2","truncated":false,"body_characters":5546}