Clean Pack Training and Development — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, DC 20590 1200 New Jersey Avenue SE Materials Safety Pipeline and Hazardous Administration APR 1 6 2015 Mr. Kevin S. Young Clean Pack Training and Development Clean Harbors 42 Longwater Drive Norwell, MA 02061-9149 Ref. No.: 15-0057 Dear Mr. Young: This responds to your March 20, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to the transport of dry batteries. The exception for used or spent dry batteries prescribed § 172.102, Special Provision 130, paragraph (d), requires that batteries utilizing different chemistries as well as dry batteries with a marked rating greater than 9-volt may not be combined with used or spent batteries in the same package. You ask if the term "package" applies to the inner bags containing the batteries or the outer package being offered for transport. The term "package" refers to the completed package being offered for transport. As defined in § 171.8, a "package" or "outside package" means a packaging plus its contents. Therefore, in this scenario, batteries utilizing different chemistries or with a marked rating greater than 9-volt would need to be packed in separate packages. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Diane ATl Duane A. Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 2bulents (112.100)130(0) Goodall, Shante CTR (PHMSA) Species Pross, Batteries From: Ciccarone, Michael CTR (PHMSA) Sent: 15-3057 Monday, March 23, 2015 10:03 AM To: Subject: Hazmat Interps FW: Interpreation of Special Provision (172.102) 130(d) Shante/Alice, Please submit this for a formal letter of interpretation. Mr. Young spoke to Shelby in the HMIC. Thanks, Mike From: Young, Kevin S [malito: voung.kevin@cleanharbors.com] To: PHMSA HM InfoCenter Sent: Friday, March 20, 2015 4:21 PM Subject: Interpreation of Special Provision (172.102) 130(d) Hello, I would like to request a formal letter of interpretation. I am inquiring regarding clarification of special provision 130(d) stating: Note that batteries utilizing different chemistries (i.e., those battery chemistries specifically covered by another entry in the §172.101 Table) as well as dry batteries with a marked rating greater than 9-volt may not be combined with used or spent batteries in the same package." My company is exploring battery recycling vendors, one of which has provided us with their interpretation of this special provision, stating that the definition of "package" in the above citation speaks to inner bags containing the batteries, not the outer package that is being offered for transport. We find this to be incorrect. Your formal interpretation would be appreciated. Thank You Safety Starts with Me: Live It 3-6-5 Kevin S. Young Clean Pack Training and Development Clean Harbors 42 Longwater Drive Norwell, MA 02061-9149 (0) 781.792.5846 (c) 781.853.8317 young.kevin@cleanharbors.com www.cieanharbors.com 1#