National Cargo Bureau — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE laterials Safet ipeline and Hazardou Administration SEP 4 7 2016 Mr. Edward F. Walker, Jr. Deputy Chief Surveyor Pacific Ports National Cargo Bureau 17 Battery Place, Suite 1232 New York, NY 10004 Reference No. 16-0129 Dear Mr. Walker: This letter is in response to your July 28, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to exceptions for waste materials prescribed in § 173.12 and their segregation requirements in transportation. You note that the HMR define "hazardous waste" but not "waste materials." We have paraphrased and answered your questions as follows: Q1. You ask the meaning of "waste materials" as it is used in the title and text of § 173.12. Al. As you state in your letter, the HMR do not define "waste materials." However, "waste materials" as it is used in § 173.12 means hazardous materials intended for disposal that meet the applicable criteria prescribed in § 173.12. The HMR define a "hazardous material" as "a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce... includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in" 49 CFR Part 173. (See Q2. You ask if the segregation requirements prescribed in § 173.12(e) apply to hazardous wastes shipped in the same freight container with wastes that are exempt from the Environmental Protection Agency's (EPA) Hazardous Waste Manifest Requirements but are being shipped for disposal and meet the definition of a hazardous material under the HMR. A2. The answer is no. The segregation requirements prescribed in § 173.12(e) apply to hazardous wastes, as defined in § 171.8, that comply with the requirements in § 173.12(b). Under the HMR, waste hazardous materials not subject to EPA's#

Page 2Hazardous Waste Manifest Requirements do not meet the definition of a "hazardous waste" under § 171.8, but do meet the definition of a "hazardous material" under the HMR. Therefore, these materials are subject to the applicable segregation requirements for hazardous materials prescribed by mode and/or material in the HMR (e.g., see §§ 174.81 (rail), 175.78 (aircraft), 176.83 (vessel), and 177.848) (highway)) and, if transported internationally, the segregation requirements for international hazardous materials shipments prescribed in 49 CFR Part 171, Subpart C. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3Lehman 8173.159 Batterie. 16-0131 | 600 North 18" Street/12N-0831 ALABAMA A Birmingham, AL 35203 POWER A SOUTHERN COMPANY July 22, 2016 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building Washington, DC 20590-0001 1200 New Jersey Avenue, SE Submitted via email: phmsa.hm-infocenter@dot.gov Re: Request for Written Clarification 49 CFR 173.159 To Whom It May Concern: Our company ships varying numbers and sizes of used batteries (primarily lead acid) from the field back to a central facility where they are accumulated for shipment to a recycler. Often, the lead acid batteries can vary in size, up to 120 pounds each. A pallet serves as our non-specification package for the batteries per 49 CFR 173.159(d)(1). In order to further secure the batteries and provide additional protection from short circuit and damage to the terminals [49 CFR 173.159(a)(2) and (3)], we are considering the addition of a non-specification, durable fiberboard box to the process. The packaging process would be as follows: (1) Place an unconstructed box bottom on a standard pallet (2) Place a heavy polyethylene battery bag on top of the cardboard box base (precautionary in the event of a spill during transport (3) Place non-leaking batteries inside the bag (4) Band the batteries together with non-metallic banding (5) Ensure each battery's terminals are taped, and caps are in place (6) Secure the bag around the banded batteries (7) Insert a cardboard piece designed to form the sides of the box (8) Insert waffleboard material (1" and 2" thick pieces available) inside the box to fill any voids and close the box (9) Place top on box (10)Band (with non-metallic banding) the box to the pallet, using at least 4 straps. These steps are demonstrated in the enclosure. Our interpretation is that the package remains the non-specification pallet per 49 CFR 173.159(d)(1), and the non-specification box further secures the batteries and the terminals per 49 CFR 173.159(a)(2)#

Page 4and (3). In addition, it is our interpretation that the addition of a non-specification box to the pallet as described will not subject the non-specification package to the limitations on the weight and number of batteries outlined in 49 CFR 173.159(d)(3) through (7), but rather the non-specification package remains subject to the weight limitations of 49 CFR 159.173(d)(1). On May 25, 2016, we spoke with a representative of the Hazardous Materials Information Center and the representative agreed the box would provide further protection of the terminals and would help ensure the batteries are firmly secured to the pallet. As such, the pallet would remain the non- specification package (and thus the box does not have to meet UN specifications). Questions: We request DOT's confirmation that: 1. The box added to the packaging process is not required to be a specification package, as the added box is to further secure the batteries and terminals per 49 CFR 173.159(a)(2) and (3). 2. The pallet remains the non-specification package per 49 CFR 173.159(d)(1) 3. The non-specification box added to the packaging process would not be subject to the limitations on the weight and number of batteries outlined in 49 CFR 173.159(d)(3) through Our mailing address is as follows: Attn: Sharon Trippany Alabama Power Environmental Compliance - Land 600 North 18* Street / 12N-0831 Birmingham, AL 35203 We appreciate your time in reviewing this request. Please do not hesitate to contact the undersigned at (205) 257-4462 or sctrippa@southernco.com. Sincerely, Sha Cuppar Sharon C/ Trippany, CHMM Enclosure (1)#

Page 5ENCLOSURE#

Page 6*Battery transport boxes come in two sizes to accommodate Battery transport. 4. Transport batteries from one location to another. This program will outline the proper method to: the various number of batteries being shipped. 1. Package 2. Load 3. Secure#

Page 7Steps involved in battery transportation include, 9. Fill any voids around plastic bag inside shipping box 12. Label shipping box with UTR #, number of batteries, battery type (lead acid), shipped form (location) 5. Place the batteries inside plastic bag on pallet 11. Band shipping box to the pallet for transport. (Minimum of 4 bands) 2. Place plastic bag on box base 8. Install shipping box side portion 10. Install top portion of shipping box and shipping to (location). 1. Place box base on pallet 6. Band batteries together 7. Seal bag around batteries 3. Install shipping caps 4. Tape terminals#

Page 8Standard 40"X48" pallet.#

Page 91. Place box base on pallet#

Page 10Place plastic bag on box base.#

Page 11Install shipping caps.#

Page 12prel Tape terminals. p elle llol#

Page 13Place the batteries inside plastic bag on pallet.#

Page 14Band batteries together.#

Page 1546 45 Band batteries together.#

Page 16Seal bag around batteries.#

Page 17Fold bottom corners of shipping box base.#

Page 18Install shipping box side portion.#

Page 19Fill any void around plastic bag inside shipping box.#

Page 20Install top portion of shipping box.#

Page 21Minimum of 4 bands Band shipping box to pallet for transport.#

Page 22LeadAcid Label shipping box with DOT label, number of batteries, CORROSIVE battery type (lead acid), shipped form (location) and shipping to (location).#