{"operation":"document","citation":"21-0048","title":"EnerSys — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-07-06","effective_on":null,"summary":"21-0048 response to EnerSys concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0048.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0048.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0048","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/75456/210048.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJuly 6, 2021\nMr. Steven Spease\nPackaging Compliance Engineer\nEnerSys\n2366 Bernville Rd\nReading, PA 19605\nReference No. 21-0048\nDear Mr. Spease:\nThis letter is in response to your May 5, 2021, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging requirements for\nlithium ion batteries shipped for disposal or recycling in accordance with § 173.185(d).\nSpecifically, you describe a large lithium ion battery weighing 12 kg or more with a strong\nimpact resistant outer casing typically transported on a pallet or handling device in accordance\nwith § 173.185(b)(5). You ask whether this battery may be transported on a pallet or handling\ndevice without being placed into a strong outer packaging when it is moved for recycling or\ndisposal in accordance with § 173.185(d).\nThe answer is yes. Large lithium batteries weighing 12 kg or more—with a strong impact\nresistant outer casing—may be packaged in accordance with the instructions in § 173.185(b)(5)\nwhen transported for recycling or disposal in accordance with § 173.185(d). The provisions in\nparagraph (d) provide an exception for lithium batteries shipped for disposal or recycling from\ntesting and record keeping requirements of paragraph § 173.185(a) and the UN performance\npackaging requirements when transported by highway.\n\n<<>>\n\nThis provision would not preclude the use of alternative packagings under the conditions\ndescribed in § 173.185(b)(5).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPatrick\n21-0048\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Dodd, Alice (PHMSA); Hazmat Interps\nFW: LETTER OF INTERPRETATION REQUEST-PACKAGING LITHIUM ION BATTERIES FOR DISPOSAL OR\nRECYCLE\nDate: Wednesday, May 5, 2021 2:13:03 PM\nGood afternoon Alice,\nPlease see the request for an official letter of interpretation below. The physical mailing address is\nlocated below in bold.\nPlease contact our office with any questions.\nThank you,\nSarah (HMIC)\nFrom: Spease, Steven [mailto:Steven.Spease@enersys.com]\nSent: Wednesday, May 5, 2021 2:10 PM\nTo: INFOCNTR (PHMSA) \nSubject: RE: LETTER OF INTERPRETATION REQUEST-PACKAGING LITHIUM ION BATTERIES FOR\nDISPOSAL OR RECYCLE\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.\nSteven Spease\n2366 Bernville Rd\nReading PA 19605\n610-208-1743\nThank you,\nSteve Spease\nEnerSys\nPackaging Compliance Engineer\n610-208-1743\nFrom: INFOCNTR (PHMSA) \nSent: Wednesday, May 5, 2021 2:07 PM\nTo: Spease, Steven \nSubject: RE: LETTER OF INTERPRETATION REQUEST-PACKAGING LITHIUM ION BATTERIES FOR\nDISPOSAL OR RECYCLE\nCAUTION: This email originated from outside of the Company. Do not click links or open attachments unless you\n\n<<>>\n\nrecognize the sender and know the content is safe.\nDear Steven,\nWe have received your request for a written letter of interpretation regarding the hazardous\nmaterials regulations (49 CFR Parts 171-180). The hazardous materials regulations are available at\nthe following URL:\nhttps://www.ecfr.gov/cgi-bin/text-idx?\nSID=1d49a3b137cb1b6fc45251074e634b44&tpl=/ecfrbrowse/Title49/49tab_02.tpl\nHowever, before we can submit your request for processing, please respond to this email with:\nFull Name\nPhysical Mailing Address\nTelephone Number\nSincerely,\nSarah, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be\nrequested in accordance with 49 CFR 105.20. https://www.phmsa.dot.gov/standards-\nrulemaking/hazmat/hazardous-materials-information-center\nFrom: Spease, Steven [mailto:Steven.Spease@enersys.com]\nSent: Wednesday, May 5, 2021 10:58 AM\nTo: PHMSA HM InfoCenter \nSubject: LETTER OF INTERPRETATION REQUEST-PACKAGING LITHIUM ION BATTERIES FOR DISPOSAL\nOR RECYCLE\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.\nDear Sir or Madam\nI am requesting a letter of interpretation on packaging lithium ion batteries being shipped for\ndisposal or recycle.\nWe are shipping batteries in accordance with 49CFR173.185(b)(5), as our batteries weigh in excess\nof 12kg, have a strong impact-resistant outer casing, etc. Our initial understanding of\n49CFR173.185(d) has been that we would need to use strong outer packaging to ship those same\nbatteries for disposal or recycle. An exchange following the recent EPA/DOT webinar is that we\n\n<<>>\n\nwould still be able to package based on 49CFR173.185(b)(5) while shipping in accordance with\n49CFR173.185(d).\nCan you confirm that palletizing batteries that meet the requirements in 49CFR173.185(b)(5) would\nmeet the packaging requirements for shipping batteries for disposal or recycle in 49CFR173.185(d)\nand that we would not need to place those batteries in strong outer packaging as they already have\na strong impact-resistant outer casing?\nThank you,\nSteve Spease\nEnerSys\nPackaging Compliance Engineer\n610-208-1743\nThis email and any attachments may contain confidential information that is intended only for\nthe recipient(s). If you have received this email in error, please notify the sender and delete it\nfrom your system. Any views or opinions presented in this email are solely those of the author\nand do not necessarily represent those of the company or its affiliates. This email does not\nconstitute an agreement to conduct transactions by electronic means and does not create any\nlegally binding contract or enforceable obligation in the absence of a fully signed written\ncontract. The recipient should check this email and any attachments for viruses. The company\naccepts no liability for any loss or damage caused by software viruses. If you are the intended\nrecipient and you do not wish to receive similar email(s) from us in the future then please\nnotify the sender. Please consider the environment before printing.\nThis email and any attachments may contain confidential information that is intended only for\nthe recipient(s). If you have received this email in error, please notify the sender and delete it\nfrom your system. Any views or opinions presented in this email are solely those of the author\nand do not necessarily represent those of the company or its affiliates. This email does not\nconstitute an agreement to conduct transactions by electronic means and does not create any\nlegally binding contract or enforceable obligation in the absence of a fully signed written\ncontract. The recipient should check this email and any attachments for viruses. The company\naccepts no liability for any loss or damage caused by software viruses. If you are the intended\nrecipient and you do not wish to receive similar email(s) from us in the future then please\nnotify the sender. Please consider the environment before printing.","truncated":false,"body_characters":7330}