Patterson Companies, Inc. — Hazardous Materials Safety Interpretation

Page 1P#II-t( ··iifil'iJJ1J)sitr····· ..~~¥....... 1- 1-1;}. FEB - 6 2012 Mr. Robb Boros Patterson Companies, Inc. 1905 Lakewood Drive Boone, Iowa 50036 Reference No.: 11-0313 Dear Mr. Boros: H~-q ..iifWlAl:!is{(f...... D~7 ··6ATi!'·.. •• .. ··•• ..•• {-I,,-Il r(1H-L1 ..iN'lflAl:!iSilf···..• S~ f-J ··tiA'tlf· .. •• •· .. ..·••• t 11 1'This is in response to your letter ofDecember 16, 2011, requesting information on the shipment of dry batteries containing potassium hydroxide under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: Ql. For the entry, "Batteries, dry, sealed, n.o.s.," what constitutes a battery being considered dry? AI. The dry batteries described in § 172.102, Special Provision 130 have gelled alkaline electrolytes absorbed by the contents of the battery. While these batteries are not completely free ofmoisture they may be used in any orientation which allows them to be used in portable power applications. Common dry batteries include alkaline-manganese, zinccarbon, nickel-metal hydride, and nickel cadmium. These batteries are distinct from "Batteries, wet, non-spillable" and "Batteries, dry, containing potassium hydroxide solid." Q2. Is the term "sealed" as it is used in § 172.102, Special Provision 130 specifically mean hermetically sealed? A2. Yes, § 172.1 02, Special Provision 130 specifically uses the term "hermetically sealed" to describe the batteries covered by the entry "Batteries, dry, sealed, n.o.s." Q3. Do the terms "sealed" and "non-spillable" as they are used in the HMR have independent definitions, and should not be used interchangeably? A3. Yes. Non-spillable refers to a type of wet electric storage battery with acid that is either gelled with silica or absorbed in a mat of micro-glass fibers. Batteries may be considered as non-spillable if they are capable ofwithstanding the vibration and pressure differential tests specified in § 173.159(f). Sealed batteries are hermetically sealed batteries ofthe type described in § 172.102, Special Provision l30. ..6A'ff!!............... .. ..oA'ff!!.···.. ••••• •• .. .. ··oA'ff!!... •••••••• ..•••• ..fiA'ff!!.·.... • .. •• ..•••• OFFICIAL FILE COPY#

Page 2Q4. If a dry battery contains potassium hydroxide, is "Batteries, dry, containing potassium hydroxide soHd" the most appropriate proper shipping name? A4. The entry "Batteries, dry, containing potassium hydroxide solid" should be used to describe non-activated batteries which contain dry potassium hydroxide and which are intended to be activated prior to use by the addition of an appropriate amount of water to the individual cells. This proper shipping name does not apply to common household batteries such as alkaline-manganese, zinc-carbon, nickel-metal hydride and nickel cadmium which are most appropriately described as "batteries, dry, sealed, n.o.s." Q5. Can a battery that contains potassium hydroxide or similar caustic material in a fonn that can flow from the battery still be considered a dry battery? A6. No. Batteries that contain liquid electrolyte which could flow out ofthe battery if the battery case is cracked must be described as "Batteries, wet, filled with acid" or "Batteries, wet, filled with alkali" as appropriate. I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553. Sincerely, Ben Supko Acting Chief, Standards Development Standards and Rulemaking Division#

Page 3U.S. Department 1200 New Jersey Avenue SE of Transportation Washington, DC 20590 Pipeline and Hazardous Materials Safety Administration FEB - 6 201l Mr. Robb Boros Patterson Companies, Inc. 1905 Lakewood Drive Boone, Iowa 50036 Reference No.: 11-0313 Dear Mr. Boros: This is in response to your letter of December 16,2011, requesting infonnation on the shipment ofdry batteries containing potassium hydroxide under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: Ql. For the entry, "Batteries, dry, sealed, n.o.s.," what constitutes a battery being considered dry? A1. The dry batteries described in § 172.102, Special Provision 130 have gelled alkaline electrolytes absorbed by the contents of the battery. While these batteries are not completely free ofmoisture they may be used in any orientation which allows them to be used in portable power applications. Common dry batteries include alkaline-manganese, zinccarbon, nickel-metal hydride, and nickel cadmium. These batteries are distinct from "Batteries, wet, non-spillable" and "Batteries, dry, containing potassium hydroxide solid." Q2. Is the tenn "sealed" as it is used in § 172.102, Special Provision 130 specifically mean hennetically sealed? A2. Yes, § 172.102, Special Provision 130 specifically uses the tenn "hennetical1y sealed" to describe the batteries covered by the entry "Batteries, dry, sealed, n.o.s." Q3. Do the tenns "sealed" and "non-spillable" as they are used in the HMR have independent definitions, and should not be used interchangeably? A3. Yes. Non-spillable refers to a type ofwet electric storage battery with acid that is either gelled with silica or absorbed in a mat ofmicro-glass fibers. Batteries may be considered as non-spillable if they are capable of withstanding the vibration and pressure differential tests specified in § 173.159(f). Sealed batteries are hennetically sealed batteries ofthe type described in § 172.102, Special Provision 130.#

Page 4Q4. If a dry battery contains potassium hydroxide, is "Batteries, dry, containing potassium hydroxide solid" the most appropriate proper shipping name? A4. The entry "Batteries, dry, containing potassium hydroxide solid" should be used to describe non-activated batteries which contain dry potassium hydroxide and which are intended to be activated prior to use by the addition of an appropriate amount ofwater to the individual cells. This proper shipping name does not apply to common household batteries such as alkaline-manganese, zinc-carbon, nickel-metal hydride and nickel cadmium which are most appropriately described as "batteries, dry, sealed, n.o.s." Q5. Can a battery that contains potassium hydroxide or similar caustic material in a form that can flow from the battery still be considered a dry battery? A6. No. Batteries that contain liquid electrolyte which could flow out ofthe battery ifthe battery case is cracked must be described as "Batteries, wet, filled with acid" or "Batteries, wet, filled with alkali" as appropriate. I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553. Ben Supko Acting Chief, Standards Development Standards and Rulemaking Division#

Page 5Corporate Office 1031 Mendota Heights Road PATIERSON Fax 651.686.9331 Saint Paul, Minnesota 55120 Main 800.328.5536 www.pattersondental.com December 16, 2011 LeaY'Y Office of Hazardous Materials Standards .g 11z..l~t Pipeline and Hazardous Materials Safety Administration ~ , 7 Z, 102 '5 P f36 Attn: PHH-lO, U.S. Department of Transportation ~ n 3 ~ ,oct , 1200 New Jersey Avenue, SE, East Building "Bet #-er, es Washington, DC 20590-0001 11-03/3 Please find below several questions regarding batteries. Please refer to the attached SDS for several batteries and any additional chemical data. • Regarding the entry Batteries, dry, sealed, n.O.8., what constitutes a cell being considered dry? • Am I correct that the reference to "sealed" in Special provision 130 specifically means hermetically sealed? • Is it accurate to state the terms "sealed' and "non-spillable" have different, independent definitions and should never be used interchangeably? According to the attached SDS's, each of the batteries are identified as dry batteries and indicate they are not regulated for transport. However, each of these batteries contains Potassium hydroxide [KOH]. KOH is listed in the table in both in solid [UNI813] and solution [UN1814] forms. Even low concentrations of KOH solutions indicated the material maintains corrosive characteristics [see attached KOH SDS]. The same appears to be true with Sodium hydroxide in low concentrations that can be found in one of the battery examples. • If a dry battery contains KOH, wouldn't Batteries, dry, containing potassium hydroxide solid be the most accurate proper shipping name? • Conversely, If a battery contains KOH or any similarly caustic material in a form that can flow or "ooze" it would no longer eligible for shipping descriptions describing a dry battery? Thank you Robb Boros Compliance Coordinator Patterson Companies, Inc. Patterson Logistics Services, Inc. 1905 Lakewood Dri ve Boone, Iowa 50036 515.433.1700 SDS Attachment List 1. Duracell Alkaline Batteries.pdf 2. OP NiMH Batteries.pdf 3. Panasonic NiCd Batteries.pdf 4. Sanyo NiCd Batteries.pdf 5. KOH 5% - MID.pdf 6. KOH 5% - SS.pdf#