{"operation":"document","citation":"13-0186","title":"UTi — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-01-22","effective_on":null,"summary":"13-0186 response to UTi concerning 173.21, 173.22, 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0186.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0186.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0186","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130186.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New jersey Avenue, SE\nWashington, D.C. 20590\nJAN 2 2 2014\nMr. Kathryn Singer\nUTi\n4460 44th Street SE, Suite G\nGrand Rapids, MI 49512\nRef. No. 13-0186\nDear Ms. Singer:\nThis responds to your September 6, 20 13 email regarding the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of a\nmotor vehicle lift system powered by a wet acid battery. In your letter, you indicate that\nthe battery is installed in the system when shipped and that the system is shipped upright\nwith protective material around the system. You also provide a safety data sheet for the\nbattery, images of the system, and a web link to a video showing the installed battery. No\nother hazardous material is contained in the system. Thus, your understanding is that the\nsystem as described and shown would not be subject to the HMR when you transport it by\nhighway, rail and vessel.\nIn accordance with§ 173.22, it is the shipper's responsibility to ensure compliance with the\nrequirements of the HMR. The system you describe is considered battery-powered\nequipment, which is eligible for exception from the HMR under§ 173.220. In accordance\nwith§ 173.220(c), a wet battery must be securely installed and fastened in an upright\nposition. The battery must also be protected against a dangerous evolution of heat, short\ncircuit, damage to terminals, and leakage. Battery-powered equipment meeting these\nconditions, containing no other hazardous material and transported by highway, rail or\nvessel is not subject to the HMR (except for the forbidden conditions of § 1 73 .21\napplicable to batteries). Based on the information you provided, it is the opinion of this\nOffice that the motor vehicle lift system would not be subject to the HMR.\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDer k.inderen\n§ 17?>· J_;L()\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nAlla.chrnevy\nSent: Friday, September 06, 2013 2:55 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Request Formal Letter of Interpretation\n/3- /) ltb\nAttachments: SDOC8732-MSDS.PDF; DSC05183.jpg; DSC05184.jpg; MACH4_Brochure_VIEW_2012.06.pdf\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Singer, Kathryn [mailto:KSinger2@go2uti.com]\nSent: Friday, September 06, 2013 1:50PM\nTo: INFOCNTR (PHMSA)\nSubject: Request Formal Letter of Interpretation\nGood afternoon,\nOn behalf of my customer, Vehicle Service Group in Madison Indiana, I wish to request a formal letter of interpretation for\nthe Rotary Lift Mach Vehicle Lift System.\nThis product is currently shipping with the following identification on the Bill of Lading along with Class 8 Corrosive\nplacards:\n\"BATIERIES WET FILLED WITH ACID 8 UN2794 PGIII\"\nThis Vehicle Lift contains an installed battery when shipped. The MSDS sheet for the installed battery is attached. The\nbattery is housed within the unit and ships installed.\nImages of the lift are also attached along with the product brochure. The following video shows the features and\noperation with a look at the bracketed installation of the battery at 38 seconds in.\nhttp:ljwww.youtube.com/watch?v=z6UZtT4U95w&list=UURyCg3 TgUVZe9KwqpbPjWA\nThe 4, 6 or 8 columns are shipped as a single unit depending the actual SKU orders. They are shipped upright with\nprotective shipping material around the column. ,\nWe have been advised by our carriers that this item does not require HAZMAT identification.\nWe utilize multiple transportation for these lifts: full truckload, less-than-truckload, rail and ocean.\nPlease provide a Formal Letter of Interpretation for this lift stating whether this product requires HAZMAT certification or\ncan ship as non-HAZMAT without placards or identification on the BOL for all of the modes we are using.\nPlease contact me if you have further questions.\nBest Regards,\nKatie Singer\nKathryn Singer- Account Manager\nUTi 14460 44th Street S.E. Suite G (49512) I Grand Rapids I Michigan 1495121 USA\nksinger2@go2uti.com 1 0 +1.616.855.12751 F +1 616.988.5910 1 C +1.616.238.8100\n1\n\n<<<PAGE 3>>>\n\nImportant Notice. This email message contains information which may be confidential and/or legally privileged. Unless you are\nthe intended recipient (or have been authorised to receive on behalf of the intended recipient), you may not use, copy or\ndisclose to anyone the message or any information contained in the message or from any attachments that were sent with this\nemail. If you have received this email message in error, please advise the sender by email, and delete the message.\n2\n\n<<<PAGE 4>>>\n\nTECHNOLOGIES\nMATERIAL SAFETY DATA SHEET\nI. PRODUCT IDENTIFICATION\nMANUFACTURER CHEMJCAUTRADE NAME Lead-Acid Battery\nExide Technologies (as used on label)\n13000 Deerfield Parkway, Bldg. 200\nAlphareua, GA 30004\nCHEMJCAL FAMIL Yf FOR INFORMATION CLASSIFICATION\nPrimary: MACTEC Engineering and Consulting, Inc.\nAttention: Juliann Cothran (770) 421-3485\nSecondary: Environmental, Safety & Health DATE ISSUED: Attention: Eric Murray (800) 523-4622\nFred Ganster (610) 921-4052 Electric Storage Battery\nFebruary I, 2008\nPage 1 of5\nFOR EMERGENCY\nCHEMTREC (800) 424-9300 24-hour Emergency Response Contact\nAsk for Environmental Coordinator\nCHEMTREC JNTERNA TIONAL (703) 527-3887- Collect\n11. HAZARDOUS INGREDIENTS/IDENTITY INFORMATION\nApproximate Air Exposure Limits (!Jgfm')\nComponents CAS Number %byWt. OSHA ACGIH NIOSH\n· Itiorganic compounds of: ,. .. ' .. :-·~ .. · •... -~-- .. , -.~,-·.<··;.· > •..\nLead 7439-92-1 54-62 50 50 50\nAntimony 7440-36-0 0.4 500 500 500\nTin 7440-31-5 0.16 2000 2000 2000\nCalcium 7440-70-2 0.02 - - -\nArsenic 7440-38-2 0.01 10 10 2\nElectrolyte (sulfuric acid/water/solution) 7664-93-9 26-40 1000 200 1000\nCase Material:\nPolypropylene 9003-07-0 5-12 N/A N/A N/A\nHard Rubber --\nPlate separator material:\nPolyethylene 9002-88-4 1-2 N/A N/A N/A\nNOTE: Inorganic lead and electrolyte (water and sulfuric acid solution) are the primary components of every battery manufactured by\nExide Technologies or its subsidiaries. Other ingredients may be present dependent upon battery type. Polypropylene is the principal case\nmaterial of automotive and cmnmercial batteries.\nIII. PHYSICAL DATA- ELECTROLYTE\nBoiling Point 203\" F-240\" F (for S.G. mnge) Specific Gravity (H20= I) 1.230 to 1.350\nMelting Point Not Applicable Vapor Pressure 17 to 11 (for S.G. range)\nSolubility in Water 100% (mmHg) 77\" F\nEvaporation Rate Less Than I Vapor Density (AIR= I) Greater than l\n(Butyl acetate= I)\nAppearance and Odor % Volatiles by Weight Not Applicable\nA clear liquid with a sharp, penetrating, pungent odor. A\nbattery is a manufactured article;\nno apparent odor.\nIV. FIRE AND EXPLOSION HAZARD DATA\nFlash Point: Not Applicable\nFinmmable Limits: LEL = 4.1% (Hydrogen Gas in air); UEL = 74.2%\nExtinguishing media: C02; foan1; dry chemical\nSpecial Fire Fighting Procedures: Use positive pressure, self-contained breathing apparatus. Beware of acid splatter during water\napplication and wear acid-resistant clothing, gloves, face and eye protection. If batteries are on charge, shut off power to the charging\nequipment. but, note that strings of series connected batteries may still pose risk of electric shock even when charging equipment is shut\ndown.\nPage 1 of5\n\n<<<PAGE 5>>>\n\nIV. FIRE AND EXPLOSION HAZARD DATA (CONTINUED)\nUnusual Fire and Explosion Haz.1rds: In opemlion, batteries generate and release flammable hydrogen gas. They must always be\nassumed to contain this gas which, if ignited by burning cigarette, naked flame or spark, may cause battery explosion with dispersion of\ncasing fmgments and corrosive liquid electrolyte. Carefully follow manufacturer's instructions for installation and service. Keep away all\nsources of gas ignition and do not allow metallic articles to simultaneously contact the negative and positive tenninals of a battery.\nV. REACTIVITY DATA\nStability: Stable ...1L\nUnstable_\nConditions to Avoid: Prolonged overcharge at high current; sources of ignition.\nIncompatibility: (materials to avoid)\nElectrolyte: Contact wil11 combustibles and organic materials may cause fire and explosion. Also reacts violently with strong\nreducing agents, metals, sulfur trioxide gas, strong oxidizers, and water. Contact with metals may produce toxic sulfur dioxide\nfumes and may release Oammable hydrogen gas.\nLead compounds: Avoid contact with strong acids, bases, halides, halogenates, potassium nitrate, perrnanganate, peroxides,\nnascent hydrogen, and reducing agents.\nHazardous Decomposition Products:\nElectrolyte; Sulfur trioxide, carbon monoxide, sulfuric add mist, sulfur dioxide, hydrogen su1fide.\nLead compounds: Temperatures above the melting point are likely to produce toxic metal fume, vapor, or dust; contact wiili\nstrong acid or base or presence of nascent hydrogen may generate highly toxic arsine gas.\nVI. HEALTH HAZARD DATA''···· ········- ·· · ·· ··\nRoutes of Entry:\nElectrolvte: Harmful by all routes of entry.\nLead compounds: Hazardous exposure can occur only when product is heated above the melting point, oxidized or otherwise\nprocessed or damaged to create dust, vapor, or fume.\nInhalation:\nElectrolvte: Breathing of sulfuric acid vapors or mists may cause severe respiratory irritation.\nLead compounds: Inhalation of lead dust or fumes may cause irritation of upper respiratory tmct and lungs.\nIngestion:\nElectrolvte: May cause severe irritation of mouili, throat, esophagus, and stomach.\nLead compounds: Acute ingestion may cause abdominal pain, nausea, vomiting, diarrhea, and severe cmmping. TI1is may lead\nrapidly to systemic toxicity.\nSldn Contact:\nElectrolyte: Severe irritation, bums, and ulcemtion.\nLead compounds: Not absorbed through the skin.\nEye Contact:\nElectrolvte: Severe irritation. bums, cornea dlunage, blindness.\nLead compounds: May cause eye irritation.\nE&Tects of Overexposure· Acute: --------------\nEiectrolvte: Severe skin irritation, damage to cornea may cause blindness, upper respiratory irritation.\nLead compounds: Symptoms of toxicity include headache, fatigue, abdominal pain, loss of appetite, muscular aches and\nweakness. sleep disturbances, and irritability.\nEnccts of Overexposure - Chronic:\nElectrolyte: Possible erosion of tooth enamel; inflammation of nose. throat, and bronchial tubes.\nPage 2 of5\n\n<<<PAGE 6>>>\n\nVI. HEALTH HAZARD DATA (CONTINUED)\nLead compounds: Anemia; neuropathy, particularly of the motor nerves, with wrist drop; kidney damage; reproductive changes\nin both males and females.\nCarcinogenicity:\nElectrolvtc: Tile National Toxicology Program (NTP) and the Intemational Agency for Research on Cancer (lARC) have\nclassified \"·strong inorganic acid mist conwining sulfuric add\" as a substance that is carcinogenic 10 humans. TI1is classification\ndoes not apply to sulfuric acid solutions in static liquid state or to electrolyte in batteries. Batteries subjected to abusive charging\nat excessively high currents for prolonged periods of lime without vent caps in place may create a surrounding atmosphere of the\noffensive strong inorganic acid mist containing sulfuric acid.\nLead compounds: Listed as a 2B carcinogen, likely in animals at extreme doses. Proof of carcinogenicity in httrr)ans is lacking\nat present\nArsenic: Listed by International Agency for Research on Cancer (IARC), OSHA and NIOSH ar; a carcinogen only after\nprolonged exposure at high levels.\nMedical Conditions Generally Aggravated by Exposure:\nOverexposure to su1furic acid mist may cause lung damage and aggr .. wate pulmonary conditions. Contact of electrolyte (water\nand sulfuric acid solution) with skin may aggravate skin diseases such as eczema and contact dermatitis. Contact of electrolyte\n(water und sulfuric acid solution) with eyes may damage comen and/or cause blindness. Lead and its compounds can aggravate\nsome forms of kidney, liver, and neurologic diseases.\nEmergency and First Aid Procedures\nInhalation: Electrolyte: Remove to fresh air immediately. If breathing is difficult, give oxygen.\nLead compounds: Remove from exposure, gargle, wash nose and lips; consult physician.\n. ... . . .. \"' ,, .. ·--~-\" -.· . ,. ·-···~ ... -\n..\nIngestion: ElectroMe: Give large quantities of water; do not induce vomiting; consult physician.\nLead compounds: Consul! physician immediately.\nSldn:\nElectrolyte: Rush with large amounts of water for at least 15 minutes; remove contaminated clothing completely. including\nshoes.\nLead compounds: Wash immediately with soap and water.\nEyes:\nElectrolvte and Lead compounds: Flush immediately with large amounts of water for at least 15 minutes; consult physician\nimmediately.\nVll. PRECAUTIONS FOR SAFE HANDLING AND USE\nHandling and Storage:\nStore batteries under roof in cool, dry, well-ventilated areas that arc separated from incompatible materials and from activities\nthat muy create flames, spark. or heat Store on smooth, impervious surfaces that are provided with measures for liquid\ncontainment in the event of electrolyte spills. Keep away from metallic objects that could bridge the terminals on a battery and\ncreate a dangerous short-circuit Handle carefully and avoid tipping, which may allow electrolyte leakage. Single batteries pose\nno risk of electric shock but there may be increasing risk of electric shock from strings of connected batteries exceeding three\n12-volt units.\nCharging:\nThere is u possible risk of electric shock from charging equipment and from strings of series connected batteries, whether or not\nbeing charged. Shut-off power to churgers whenever not in use and before detachment of any circuit connections. Batteries\nbeing charged will genero~te and release flammable hydrogen gas. Charging space should be ventilated. Keep battery vent caps\nin position. Prohibit smoking and avoid creation of flames and sparks nearby. Wear face and eye protection when ncar batteries\nbeing cllllrged.\nSpill ur Leak Procedures:\nStop flow of material, contain/absorb small spills with dry sand, earth, and venniculite. Do not use combustible materials. If\npossible, carefully neutralize spilled electrolyte with soda ash, sodium bicarbonate, lime, etc. Wear acid-resistant clothing,\nboot~. gloves, and face shield. Do not allow discharge of un-neutralized acr'd to sewer. Neutralized acid must be managed in\naccordance with approved local, state, and federal requirements. Consult stale environmental agency and/or federal EPA.\nWaste Disposal Methods:\nSpent batteries: Send to secondary lead smeller for recycling.\nPage 3 of5\n----\n---·------··-----·~- ··-~------·----\n\n<<<PAGE 7>>>\n\nVII. PRECAUTIONS FOR SAI<'E HANDLING AND USE {CONTINUED)\nElectrolyte: Place neutralized slurry into sealed acid resistant containers and dispose of as hazardous waste, as applicable. Large\nwater diluted spills, after ncutmlization and testing, should be m;magcd in accordance with approved local, state,\nand federal requirements. Consult stale environmental agency and/or federal EPA.\nPrecautionary Labeling:\nPOISON • CAUSES SEVERE BURNS\nDANGER - EXPLOSIVE GASES\nCORROSIVE- CONTAINS SULFURIC ACID\nKEEPAWAY FROM CHILDREN\nVITI. CONTROL MEASURES\nEngineering Controls and Work Practices:\nStore and handle in well-ventilated area. If mechanical ventilation is used, components must he acid-resistant\nHandle batteries cautiously, do not tip to avoid spills. Make certain vent caps are on securely. If battery cao;;e is damaged, avoid\nbodily conttlct with internal components. Wear protective clothing, eye and face protection, when filling, charging, or handling\nbatteries.\nRespiratory Protection:\nNone required under normal conditions. When eoncentmtions of sulfuric acid mist are known to exceed PEL, use NIOSH or\nMSHA-approved respirdtory protection.\nProtective gloves:\nRubber or plastic acid-resistant gloves with elbow-length gauntlet.\nEye Protection:\nChemical goggles or face shield.\nOther Protection:\n~(:id~~cs!.~~~~-~p~ol\\: :~ndcr severe exposure or emergency conditions, wear acid-resistant clothing, gloves, and boots.\nEmergency Flushing:\nIn areas where water and sulfuric acid solutions are handled in concentmtions greater than 1%, emergency eyewa~h stations and\nshowers should be provided, with unlimited water supply.\nIX. OTHEU REGULATORY INFORMATION\n..., .. -... :-:.\nNFPA Hazard Rating for sulfuric acid:\nFliUl'lmability (Red) = 0\nHealth (Blue) = 3\nReactivity (Yellow) \"\" 2\nSulfuric acid is water-reactive if concentrated.\nTRANSPORTATION: Wet (filled with electrolyte) batteries are regulated by U.S. DOT as a hazardous material, as provided in\n49 CFR 173.159\nProper Shipping Name:\nBattery, wet, filled with acid\nHazard Class/Division:\n8\nID Number:\nUN2794\nPacking Group:\nIII\nLabel Required: Corrosive\nRCRA: Spent lead-acid batteries arc not regulated as hazardous waste when recycled. Spilled sulfuric acid is a characteristic hazardous\nwaste; EPA hazardous waste number 0002 (corrosivity).\nCERCLA (Superfund) and EPCRA:\n(a) (b) Reportable Quantity (RQ) for spilled 100% sulfuric acid under CERCLA (Superfund) and EPCRA (Emergency Planning and\nCommunity Right to Know Act) is 1,000 Jbs. State and local reportable quantities for spi11ed sulfuric acid may vary.\nSulfuric acid is a listed \"Extremely Hazardous Substance\" under EPCRA, witll a Threshold Planning Quantity {TPQ) of 1,000\n(c) (d) lbs.\nEPCRA Section 302 notification is required if 1,000 lbs or more of sulfuric acid is present at one site. An average\nautomotive/commercial battery contains approximately 5lbs of sulfuric acid. Contact your Exide representative for additional\ninfom1ation.\nEPCRA Section 312 Tier Two reporting is required for non-automotive batteries if sulfuric acid is present in quantities of 500\nlbs or more and/or if lead is present in quantities of 10,000 lbs or more.\nPage4 of5\n\n<<<PAGE 8>>>\n\n(e) IX. OTHER REGULATORY IN1\"0RMAT10N (CONTINUED)\nSupplier Notification: This product contains toxic chemicals that may be reportable under EPCRA Section 313 Toxic\nChemical Release Inventory (Form R) requirements. For a manufacturing facility under SIC codes 20 through 39, the following\ninformation is provided to enable you to complete the required reports:\nApproximate\nToxic Chemical CAS Number % bv Weight\nLead 7439-92-1 54-62\nSulfuric Acid/Water Solution 7664-93-9 26-40\n'ltAntjmony 7440-36-0 0.4\n*Arsenic 7440-38-2 0.01\n*Not present in all baltery types. Contact your Exide representative for additional infom1ation.\nIf you distribute this product to other manufacturers in SJC Codes 20 through 39, this information must be provided with the first\nshipment of each calendar year.\nNote: Tile Section 313 supplier notification requirement docs not apply to batteries that are \"consumer products\".\nCAA:\nExide Technologies supports preventative actions concerning ozone depletion in the atmosphere due to emissions of CFC's and other\nozone depleting chemicals {ODC's), defined by the USEPA as Class I substances. Pursuant to SectionoTrOfl.hel:lean Air Act\nAmendments (CAAA) of 1990, finalized on January 19, 1993, Exide established a policy to elimimlle the usc of Class I ODC's prior to\nthe May 15, 1993 deadline.\nTSCA:\n... ,., ..\n,·, .. ,. ..... ·.\nIngredients in Exide's batteries are listed in tl1c TSCA Registry as follows:\nCAS NO .\n7664-93-9\nTSCA Status\nListed\nElectrolyte: Sulfuric acid (H2S04)\nInorganic Lead Compound\nLead (Pb)\nLead Oxide (PbO)\nLead Sulfate (PbS0.1 )\nAmimony (Sb)\nArsenic (As)\nCalcium (Ca)\nTin (Sn)\n7439-92-1\n1317-36-8\n7446-14-2\n7440-36-0\n7440-38-2\n7440-70-2\n7440-31-5\nListed\nListed\nListed\nListed\nListed\nListed\nListed\nCANADIAN REGULATIONS:\nAll chemical substances in this product are listed on the CEPA DSUNDSL or are exempt from list requirements.\nCALIFORNIA PROPOSITION 65: \"WARNING: This product contains lead, a chemical known to the State of California to cause\ncancer. or birth defects or other reproductive harm.\"\nPREPARED BY: ENViRONMENTAL, SAFETY AND HEALTH DEPARTMENT\n- --- · · · EXIDE TECHNOLOGIES -- · ~\n-- -\n13000 DEERFIELD PKWY., BLDG. 200\nALPHARETTA, GA 30004\nVENDEE AND TI-ilRD PERSONS ASSUME THE RISK OF INJURY PROXIMATELY CAUSED BY THE MATERIAL IF\nREASONABLE SAFETY PROCEDURES ARE NOT FOLLOWED AS PROVIDED FOR IN THE DATA SHEET, AND VENDOR\nSHALL NOT BE LIABLE FOR INJURY TO VENDEE OR THIRD PERSONS PROXIMATELY CAUSED BY ABNORMAL USE OF\nTHE MATERlAL EVEN 1F REASONABLE PROCEDURES ARE FOLLOWED.\nALL PERSONS USING THIS PRODUCT, ALL PERSONS WORKING IN AN AREA WHERE THJS PRODUCT IS USED, AND ALL\nPERSONS HANDLING THIS PRODUCT SHOULD BE FAMILIAR \\VlTH THE CONTENTS OF THIS DATA SHEET. THlS\nINFORMA T!ON SHOULD BE EFFECTNELY COMMUNICATED TO EMPLOYEES AND OTHERS WHO MIGHT COME IN\nCONTACT WITH THE PRODUCT.\nWHILE THE INFORMATION ACCUMULATED AND SET FORTI-! HEREIN lS BELIEVED TO BE ACCURATE AS OF THE DATE\nHEREOF, EXlDE TECHNOLOGIES MAKES NOW ARRANTY WITH RESPECT THERETO AND DISCLAIMS ALL LIABILITY\nFROM REL1ANCE THEREON. RECIPIENTS ARE ADVISED TO CONFIRM IN ADVANCE OF NEED THAT THE INFORMATION\nIS CURRENT, APPLICABLE. AND SUITABLE FOR THEIR PARTICULAR CiRCUMSTANCES.\nANY PHOTOCOPY MUST BE OF TI-llS ENTIRE DOCUMENT\nPage 5 of5\n\n<<<PAGE 9>>>\n\nI ROTARY LIFT\n\n<<<PAGE 10>>>\n\n& ROTARY LIFT\n(ROTARY LIFT","truncated":false,"body_characters":21285}