{"operation":"document","citation":"15-0210","title":"E.V. Logistics Coordinator — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-06-16","effective_on":null,"summary":"15-0210 response to E.V. Logistics Coordinator concerning 173.185, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0210.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0210.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0210","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150210.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nWashington, D.C. 20590\nAdministration\nJUN 1 6 2016\nMr. Mike Casas\nE.V. Logistics Coordinator\nKinsbursky Brothers, Inc.\n125 East Commercial Street, Suite A\nAnaheim, CA 92801\nReference No. 15-0210\nDear Mr. Casas:\nThis letter is in response to your October 21, 2015, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium\nbatteries. Specifically, you ask if a lithium battery or cell that has been damaged (e.g.\nburned, crushed, cut, etc.) to a degree that it no longer meets the definition of a battery or\ncell, as set forth in the United Nations (UN) Manual of Tests and Criteria Sub-section 38.3, is\nstill considered a lithium battery to be shipped under the requirements in § 173.185?\nIn order for a lithium battery or cell to no longer be subject to § 173.185 of the HMR, it (1)\ncan no longer meet the definition of a battery or cell in Section 38.3.2.2. of the UN Manual of\nTest and Criteria, or (2) can no longer be identified as being damaged or defective such that it\ndoes not conform to the type tested in accordance to the applicable provisions of the UN\nManual of Test and Criteria. In addition, a cell or battery would no longer be subject to\n§ 173.185 of the HMR if:\n• The battery is cut into separate pieces, which no longer meet the definition of any\nhazard class including hazardous materials or hazardous waste; or\nThe battery does not meet the definition of being damaged or defective (regardless of\nthe voltage across the terminals).\nHowever, it is still the shipper's responsibility to properly class and describe the hazardous\nmaterial in accordance with § 173.22 and to meet the applicable requirements in the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nandrews\n5/73.185\nDodd, Alice (PHMSA)\nBatterees\n15-0210\nFrom:\nSent:\nGeller, Shelby CTR (PHMSA)\nTo:\nMonday, October 26, 2015 3:51 PM\nSubject:\nHazmat Interps\nAttachments:\nFW: Interpretation letter request - Lithium batteries\nInterpretation request letter.docx; Interpretation request letter.pdf; FW: Special Permit\nresponse 16582-N; 16582-2015100056-Denial Letter.pdf; application.doc\nDear Shante and Alice,\nAttached is a request for a formal letter of interpretation. Mr. Casas spoke with Eamonn Patrick in the HMIC.\nThanks,\nShelby\nFrom: Mike Casas [mailto:mcasas@Kinsbursky.com]\nSent: Monday, October 26, 2015 1:28 PM\nTo: PHMSA HM InfoCenter\nSubject: Interpretation letter request - Lithium batteries\nmatter and look forward to your response.\nPlease find attached an interpretation request, as well as supporting documentation. I appreciate your guidance in this\nThanks and regards,\nMike Casas | E.V. Battery Logistics Coordinator\nKinsbursky Brothers, Inc. | www.kinsbursky.com\n125 East Commercial Street | Suite A | Anaheim, CA 92801\n0. 714-738-8516 M. 714-365-6420 E. mcasas@Kinsbursky.com\nAffiliates | www.retrievtech.com | www.biggreenbox.com | www.lithchem.com\nshould not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake\nDisclaimer: This message contains confidential information and is intended only for the individual named. If you are not the named addressee you\ncorrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in\nand delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted,\nbinding agreement by email. Agreements are only binding with the express written confirmation of a corporate officer or counsel.\nthe contents of this message, which arise as a result of e-mail transmission. No employee or agent of this corporation is authorized to conclude any\n1\n\n<<<PAGE 3>>>\n\n107.105(a)(2)\n• Name - Spectrum Brands Inc\n• Address - 3001 Deming Way. Middleton, WI. 53562\n• Email - Richard.Weinberger@Spectrumbrands.com\n• Telephone - 608-742-5373 Ext. 238\n• Company CEO - Andreas Rouvé (Spectrum Brands)\n• Physical Address Associated with Special Permit Use - Spectrum Brands - Portage Plant located\nat: 2851 Portage Road. Portage, WI. 53901.\n• Plant Manager - Dave Young\nThe DUNS # for Spectrum Brands Inc. is 00-195-1946 and is the number used for all locations.\n107.105(a)(3)\n• N/A\n107.105(a)(4)\n• N/A\n107.105(a)(5)\n• Registration #: 070615001013XZ\n• Name: Spectrum Brands Inc\n107.105(c)(1)\n• Specific regulation - 49CFR 173.185, ruling on inner packaging requirement. We feel that we\nare exempt due to 173.185(a)(6)(d) listed below.\n107.105(c)(2)\n•\nProposed mode of transportation - Motor vehicle transportation.\n107.105(c)(3)\n• We are seeking permit that will allow us to ship dead lithium metal cells in oil. These cells are\nplaced in a 30 gallon, UN rated 1A2 (removable head steel drum). The cells are then filled to\nabout 8-10 inches from the top of the drum. On top of the cells there is a layer of mineral oil\nfilled to about 2-4 inches from the top of the drum. We would need this permit if it's ruled that\n\n<<<PAGE 4>>>\n\nwe don't meet the requirements for inner packaging. We would ask to have this permit for 2\nyears to ship this hazardous waste.\n• Labeling - It has a hazardous waste label affixed, a dangerous when wet placard, and the\ndescription \"Scrap Lithium Cells in Oil\".\nHAZARDOUS\nWASTEL\nDANGEROUS WEN\n107.105(d)(3)\n• Identify Hazards - The cut cells often have the lithium exposed which is why we covered them\nwith mineral oil. So if water is able to contact the lithium that would be a potential hazard.\n• Potential Failure Modes - Mineral oil is a class Ill combustible liquid. If a battery wasn't dead\nand somehow mixed in it would have the potential to short.\n• Probability of Occurrence - All of the damaged or cut lithium cells don't have any charge and\nwould not be susceptible to a short circuit by contacting another cell during transportation. It\nwould take an operator error to place an incorrect cell in the drum. So I would say the\nprobability would be less than 0.1%\n• Risk Mitigation - The lithium is covered in mineral oil to prevent contact with water and oxygen.\nThe 30 gallon drums of lithium cells in oil are held on the facility for months. They are collected\nat an accumulation point and transported to our outside chemical shed for up to 9 months.\nWe've also transported our cut/dead lithium cells in oil for 15 years+ without an incident.\n173.185(a)(1)\n• These Rayovac cells and batteries have passed the UN model regulations, manual of test and\ncriteria, part Ill, subsection 38.3\n173.185(a)(2)\n•\nPrecludes a violent rupture under conditions normally incident of transportation\n173.185(a)(6)(d)\n• Our facility is only sending dead batteries to the disposal facility so we are protected against\nshort circuits and are packed in a strong outer packaging conforming to requirements §§ 173.24\n\n<<<PAGE 5>>>\n\nand 173.24a. We believe this would except us from the specification packaging requirements of\nparagraph (a)(4) regarding inner packaging.","truncated":false,"body_characters":7285}