{"operation":"document","citation":"18-0101","title":"Interstate Batteries Recycling, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-10-11","effective_on":null,"summary":"18-0101 response to Interstate Batteries Recycling, LLC concerning 173.159, 173.159a.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0101.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0101.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0101","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/69556/180101.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nOCT 1 11018\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDan Lane\nRegulatory Compliance Manager\nInterstate Batteries Recycling, LLC\n12770 Merit Drive, Suite 300\nDallas, TX 75251\nReference No. 18-0101\nDear Mr. Lane:\nThis letter is in response to your June 4, 2018, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of lead-acid\nbatteries for purposes of recycling. You explain that your company wants to ship both intact and\nbroken, damaged, or burned lead-acid batteries in the same vehicle for transport to secondary\nlead smelters for recycling. Specifically, you ask whether these batteries may be shipped\ntogether in compliance with 49 CFR 173 .159( e) and (k), and if they are subject to additional\nrequirements.\nThe answer is yes. Electric storage batteries containing electrolyte, acid, or alkaline corrosive\nbattery fluid (i.e., wet batteries) that are intact and broken, damaged, or burned may be\ntransported in the same vehicle for the purposes of recycling. Provided the requirements in\n49 CFR 173 .159( e) are met, wet batteries are excepted from the HMR when transported by\nhighway or rail. Additionally, 49 CFR 173.159(k) allows for highway or rail transportation of\ndamaged wet electric storage batteries for recycling purposes. Batteries that are transported in\naccordance with the requirements in paragraph (k) are eligible for the exception provided in\n49 CFR 173 .159( e ). Please note that in addition to the conditions listed in paragraph (k) of this\nsection, damaged wet electric storage batteries must also meet the requirements of\n49 CFR 173.159(a).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n--7~~G ✓ ~-- -\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n73::a,\\ \\ enc:re\n~tter~\n\\ \\ ·- 0 l O t\nRECYCLING\nJune 4, 2018\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue SE East Building, 2nd Floor\nWashington, DC 20590\nRequest for a formal letter of interpretation\nDear Mr. Kelley:\nInterstate Batteries, Inc. occasionally wants to ship to secondary lead smelters pallets of intact\nscrap lead-acid batteries as well as broken, damaged, or burned batteries in leakproof containers\non the same truck. If these scrap lead-acid batteries are shipped in complete compliance with 49\nCFR 173.159(e) and 49 CFR 173.159(k), can they be shipped without needing to comply with\nany other requirements of 49 CFR Title 49 - Subtitle B - Chapter I - Subchapter C?\nThank you for your consideration.\nSincerely yours, · .·· .\n.. ~of~\nDan Lane\nRegulatory Compliance Manager\nInterstate Batteries Recycling, LLC\n12770 Merit Drive, Suite 300\nDallas, Texas 75251\n1-800-541-8419, Ext. 6672\nDan.Lane@ibsa.com\n1\nlnterstateBatteries.com / 12770 Merit Drive, Suite 1000 / Dallas, Texas 75251\n\n<<<PAGE 3>>>\n\nHM-218H Preamble:\nSection 173.159\nSection 173.159 prescribes requirements applicable to the transportation of electric storage batteries\ncontaining electrolyte acid or alkaline corrosive battery fluid (i.e., wet batteries). This section outlines\npackaging requirements, exceptions for highway or rail transport, and tests that batteries must be\ncapable of withstanding to be considered as non-spillable. However, there is no authorization to\ntransport nor are there any requirements or instructions for shippers of damaged or leaking wet\nbatteries on how to prepare these items for transport. PHMSA received a request for a letter of\ninterpretation (Ref. No. 06-0031) to clarify whether a shipper of a damaged wet battery may utilize\nthe exception from full regulation provided in § 173.159(e). In response, we stated that a damaged\nbattery may be shipped in accordance with § 173.159(e) provided: (1) It has been drained of battery\nfluid to eliminate the potential for leakage during transportation; (2) it is repaired and/or packaged in\nsuch a manner that leakage of battery fluid is not likely to occur under conditions normally incident to\ntransportation; or (3) the damaged or leaking battery is transported under the provisions of\n§ 173.3(c).\nPHMSA proposed adding a new paragraph (j) to § 173.159 to address this provision. However, a\nfinal rule published January 21, 2016 [Docket No. PHMSA-2013-0042 (HM-233F); 81 FR 3635]\nadded a paragraph (j) to account for nickel cadmium batteries containing liquid potassium hydroxide.\nTherefore, all references to the previously proposed paragraph (j) will be to the new paragraph (k).\nPHMSA received positive feedback from commenters with the ATA, the UPS, the USWAG, and\nVeolia voicing general support for this amendment. Veolia requested that \"cargo vessel\" be added\nas a mode of transportation; however, as this was not proposed and that inclusion would need an\nanalysis from both PHMSA and the USCG, and we will not be authorizing vessel transportation in\nthis final rule.\nThe Battery Council International (BCI) also commented on this provision. While they voiced strong\nsupport for the creation of a new paragraph to address damaged wet batteries, they had concerns\nthat the proposed regulatory text was unclear, did not take into account the industry standard, and\nmay inadvertently eliminate existing exceptions for wet batteries. To supplement their comments, a\nmeeting was requested by representatives of BCI with PHMSA to clarify their comments. Notes from\nthat August 11 meeting can be found in the docket for this rulemaking . The BCl's primary concern is\nthat a different packaging method referenced in previous PHMSA letters of interpretation (Ref. Nos.\n09-0227 and 06-0062) that utilizes leak-proof packaging in other than an intermediate/outer\nconfiguration (i.e., single polyethylene bag) is absent from paragraph (j). BCI asserts that the single\npolyethylene bag method is sufficient to prevent leakage of the battery acid during transportation and\nthat changing this standard industry practice will be highly disruptive, costly, and likely to result in\nconsiderable confusion. During the meeting, it emphasized that this was the predominant method of\ntransporting damaged wet batteries by a vast majority of industry.\nPHMSA agrees with BC l's concerns and it was not our intent to undo progress made to address\nsafety concerns by industry and PHMSA in the past by not allowing for this packaging configuration.\nTherefore, we are amending paragraph (k) (i.e., previously proposed paragraph (j)) to allow for this\npacking method. PHMSA believes that public safety would be better served by allowing the use of a\nmethod that is known and widely used by industry, that has a strong safety record for transporting\ndamaged wet batteries, and on which affected hazmat employees are trained . The BCI further points\nout confusion in the proposed regulatory text in paragraphs (j)(2) and (3), stating that it is unclear\nhow a shipper could comply with the packaging requirement in § 173.159(j)(2) without also\ncomplying with § 173.159(j)(3). PHMSA agrees with this comment; although, paragraphs (j)(2) and\n(3) are intended to be used in tandem, they currently appear to be separate conditions for transport.\nTherefore, we are amending the regulatory text to consolidate the previously proposed (j)(2) and (3)\ninto one paragraph, now (k)(2). Lastly, BCI requests that clarification be added to ensure that there\nis no confusion that the batteries shipped under this paragraph are still eligible to be shipped using\n\n<<<PAGE 4>>>\n\nthe exception found in § 173.159(e). PHMSA agrees. It was never our intent to prohibit the use of\nthis exception, and it was an oversight in the NPRM not to specify this. Therefore, we are including a\nprovision to clarify the eligibility of damaged wet batteries for exception under paragraph (e) when\ntransported in accordance with § 173.159(k).\nPHMSA is adding a new paragraph (k) in § 173.159 to address the need for provisions that allow\nshippers to prepare for transport and offer into transportation damaged wet electric storage batteries\nfor purposes of recycling. Note that in addition to the conditions listed in paragraph (k), damaged wet\nelectric storage batteries must also meet requir~ments of§ 173.15~(a).\nPHMSA is reinserting language into§ 173.159(e)(4) of the HMR indicating that the transport vehicle\nmay not carry material shipped by any person other than the shipper of the batteries. This language\nwas inadvertently deleted from the HMR when PHMSA published a final rule titled \"Hazardous\nMaterials: Reverse Logistics\" under Docket HM-253 (81 FR 18527; March 31 , 2016). As revised by\nHM-253, § 173.159(e)(4) now states that a carrier may accept shipments of batteries from multiple\nlocations for the purpose of consolidating shipments of batteries for recycling, which creates\nconfusion in the context of the section. The intent of the HM-253 final rule was to allow carriers to\nconsolidate shipments of batteries from multiple locations for the purpose of recycling. To correct\nthis inadvertent deletion, in this final rule we are revising § 173.159(e)(4) by retaining the previous\ntext and providing a clear exception when batteries are consolidated for recycling .","truncated":false,"body_characters":9332}