{"operation":"document","citation":"20-0061","title":"LG Chem Michigan, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-10-14","effective_on":null,"summary":"20-0061 response to LG Chem Michigan, Inc. concerning 171.8, 173.120, 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0061.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0061.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0061","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74506/200061.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nOctober 14, 2020\nMs. Sarah Kim\nEnvironmental Specialist\nLG Chem Michigan, Inc.\n1 LG Way\nHolland, MI 49423\nReference No. 20-0061\nDear Ms. Kim:\nThis is in response to your July 1, 2020, letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to lithium batteries. In your letter, you\ndescribe your company’s multi-step process for the production of lithium batteries and note that\nquality defects are identified during the production process, resulting in the generation of scrap\nmaterials. Further, you indicate that these scrap materials are assembled units that include the\nelectrode stack, which consists of layers of lithium-based cathode product and graphite-based\nanode product, and the electrolyte solution. The discarded assembled units have not undergone\nthe “formation” process, in which lithium ions are embedded in the crystal structure of the\ngraphite anode. You ask whether your understanding is correct that the discarded assembled\nunits you describe do not meet the definition of a lithium ion or lithium metal battery as defined\nin § 171.8 and, therefore, are not subject to the associated package, labeling, and marking\nrequirements in § 173.185.\nThe HMR’s definition of a lithium ion battery states, in relevant part, that “lithium ion battery\nmeans a rechargeable electrochemical cell or battery in which the positive and negative\nelectrodes are both lithium compounds constructed with no metallic lithium in either\nelectrode.” A lithium metal battery is “an electrochemical cell or battery utilizing lithium metal\nor lithium alloys as the anode.” See § 171.8. Provided the discarded assembled units described\nin your letter never undergo the formation process, they are not subject to the requirements\nprovided in § 173.185 applicable to lithium batteries. However, if any electrolyte remaining in\nthe scrap materials meets the definition of a “flammable liquid” as provided in § 173.120, the\nscrap materials may be subject to corresponding requirements of 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 Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nCardez\n20-0065\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Letter of Interpretation Request\nDate: Wednesday, August 19, 2020 3:48:47 PM\nHello Alice,\nBelow is a letter of interpretation request.\nThanks,\nJonathon, HMIC\nFrom: Mike Jennings [mailto:mjennings@lesl.com]\nSent: Monday, August 17, 2020 6:40 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Letter of Interpretation Request\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nTo whom it may concern;\nWe are seeking clarification with regard to shipping of UN3260, Corrosive solid, acidic, inorganic,\nn.o.s., 8, PG II in bulk packaging as described at 49 CFR 173.240(c), specifically, that part reading\n“and sift-proof non-DOT Specification….closed bulk bins are authorized.” The mode of shipment\nwould be highway. We believe the following described packaging scenario meets the requirements\napplicable to the identified hazardous material and regulatory citation.\nThe outer packaging would be a large, sturdy, non-DOT specification cardboard box (e.g. Gaylord\nbox). The box used would have a net mass (once filled) of greater than 400 kg (882 pounds) AND a\nmaximum capacity greater than 450 L (119 gallons). One pound, sealed pouches filled with the\nhazardous material would be placed inside the box. Either a plastic liner would be in the box\nbetween the one pound pouches and box or each of the one pound pouches of hazardous material\nwould be placed in plastic bags (and bags secured closed) before being placed inside the box. The\npackage would then be “overpacked” by placement on and shrink-wrapping to a pallet.\nHave we correctly interpreted, and do you agree, that the method of packaging and package\ndescribed in the preceding scenario would be compliant for shipment by highway and is:\nA sift-proof non-DOT Specification closed bulk bin\nNot subject to UN specification or Performance Oriented Packaging\nNot subject to the “overpack” marking requirement due to the “non-DOT specification” status\nof the package inside\nThank you,\n\n<<<PAGE 3>>>\n\nMike Jennings\nLeslie’s Poolmart, Inc.\n2005 E. Indian School Road\nPhoenix, AZ 85016\nPhone: (602) 366-3946\nFax: (602) 366-3921\nCONFIDENTIALITY NOTICE: This electronic transmission and any attachment hereto are\nthe private confidential property of the sender, and the materials are privileged\ncommunications intended solely for the receipt, use, benefit, and information of the intended\nrecipient indicated above. If you are not the intended recipient, you are hereby notified that\nany review, disclosure, copying, distribution, or the taking of any other action in reliance on\nthe contents of this electronic transmission is strictly prohibited, and may result in legal\nliability on your part. If you have received this e-mail in error, please notify the sender\nimmediately by replying to this email, by telephone at 602-366-3999 or by fax at 602-366-\n3944.","truncated":false,"body_characters":5433}