{"operation":"document","citation":"21-0103","title":"Eos Energy Storage — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-02-24","effective_on":null,"summary":"21-0103 response to Eos Energy Storage concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0103.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0103.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0103","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76366/210103.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nFebruary 24, 2022\nHeidi Countermine\nProject Logistics Manager\nEos Energy Storage\n3920 Park Ave.\nEdison, NJ 08820\nReference No. 21-0103\nDear Ms. Countermine:\nThis letter is in response to your November 11, 2021, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to electric storage\nbatteries. Specifically, you seek confirmation that the shipment of your company’s electric\nstorage batteries is eligible for the exception from the requirements of the HMR as currently\nspecified in § 173.159(e).\nIn your letter, you state that your company manufactures an electric storage battery and loads the\nproduct into a fully enclosed energy storage system—i.e., a custom-built ISO container—under\ncertain conditions including the following:\n• The batteries are classified and described as “UN2794, Batteries, wet, filled with acid,\nelectric storage, 8”.\n• Each individual battery is enclosed in plastic housing with no exposed terminals.\n• The batteries are loaded and braced into individual slots in the steel racks of the custom-\nbuilt container, and provide a photograph illustrating this manner of loading and bracing.\n• No other hazardous materials are shipped in or with this fully enclosed container.\n• The motor vehicle or rail car will not contain any other commodities.\n\n<<>>\n\nBased on the information and photographs provided, it is the opinion of this Office that the\ndetails provided of shipments of these batteries meet the requirements provided in § 173.159(e)\nfor exception from the requirements of the HMR.\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\nCasey\n21-0103\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Interpretation Request - Eos Energy Storage Batteries, UN 2794\nDate: Friday, November 12, 2021 2:19:57 PM\nAttachments: image004.png\nimage006.png\nHello,\nBelow is a request for letter of interpretation.\nThanks,\nJonathon, HMIC\nFrom: Heidi Countermine \nSent: Friday, November 12, 2021 2:14 PM\nTo: INFOCNTR (PHMSA) \nSubject: RE: Interpretation Request - Eos Energy Storage Batteries, UN 2794\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.\nPer request, our mailing address for letter of interpretation is:\nEos Energy Storage\n3920 Park Ave.\nEdison, NJ 08820\nHeidi Countermine | Project Logistics Manager | C: 518 488 4114\neose.com + LinkedIn + Twitter\nFrom: Heidi Countermine\nSent: Thursday, November 11, 2021 9:32 AM\nTo: 'infocntr@dot.gov' \nSubject: Interpretation Request - Eos Energy Storage Batteries, UN 2794\nHello,\nI am writing to request a formal interpretation on the requirements for shipping a Battery Energy\nSystem over the road under the 173.159(e) exemption in the 49 CFR. If exemption applies, I\nunderstand I would not need placards on the truck or hazmat data on the bill of lading.\nI believe we have met all requirements for shipping under this exemption, but would like clarification\nif I am understanding the exemption correctly for our product.\n\n<<>>\n\nMy company, Eos Energy Systems, manufactures an electric storage battery and loads this product\ninto a fully enclosed energy storage system unit with the following conditions:\nBatteries are classified as UN 2794, Batteries, wet, filled with acid, Class 8\nThe battery contains a proprietary non-flammable aqueous electrolyte solution containing\nzinc bromide\nThe batteries are shipped fully discharged, at a voltage less than 5 volts\nEach individual battery is enclosed in plastic housing with no exposed terminals, as\ndemonstrated in Image #1 below\nThe energy storage system is a custom built 20’ ISO container with steel racks affixed inside.\nThe batteries are loaded and braced into individual slots in the steel racks as demonstrated in\nImage #2 below\nNo other hazardous materials are shipped in or with this fully enclosed unit\nThe transport vehicle will not contain any other commodities\nIMAGE # 1\nIMAGE # 2\n\n<<>>\n\nBest Regards,\nHeidi Countermine\nProject Logistics Manager\n518 488 4114 Mobile\neose.com + LinkedIn + Twitter\nEos Electronic Communication Disclaimer: This message and any attachments\nare solely for the use of intended recipients. The information contained herein may\ninclude trade secrets, protected health or personal information, privileged or\notherwise confidential information. Unauthorized review, forwarding, printing, copying,\ndistributing, or using such information is strictly prohibited and may be unlawful. If you\nare not an intended recipient, you are hereby notified that you received this email in\nerror, and that any review, dissemination, distribution or copying of this email and any\nattachment is strictly prohibited. If you have received this email in error, please\ncontact the sender and delete the message and any attachment from your system.\n\n<<>>\n\nThank you for your cooperation.","truncated":false,"body_characters":5325}