ProteQ — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 October 16, 2024 Ben Smith Sr. Multimodal DG Specialist ProteQ 2325 Dulles Corner Blvd, Ste 725 Herndon, VA 20171 Reference No. 24-0034 Dear Mr. Smith: This letter is in response to your May 17, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium batteries, particularly those shipped as damaged, defective, and recalled (DDR) cells or batteries as prescribed in § 173.185(f). You ask whether lithium batteries treated as described in the scenario below would still be considered DDR lithium batteries. Specifically, you describe a lithium battery that has been processed—prior to transportation—to no longer have the potential to: • Be electrically charged. • Hold any electrical charge or be capable of being charged. • Be electrically connected to equipment (e.g., electrical plugs have been destroyed). • Hold electrolyte, flammable, or explosive liquids, or gases. • Have the operational ability to provide power to equipment. • Present a dangerous evolution of heat, fire, or be short circuited. You further add that the batteries have been tested in accordance with Resource Conservation and Recovery Act (RCRA) testing (Toxicity Characteristic Leaching Procedure (TCLP), and ignitability) with results showing no flash point below 140 degrees F, and no TCLP metals detected. As specified in § 173.22 of the HMR, it is the shipper’s responsibility to properly class and describe a hazardous material in accordance with Parts 172 and 173 of the HMR. This Office generally does not perform that function. However, it is the opinion of this Office that the lithium batteries processed in the manner you describe would not be considered a battery nor a DDR battery. A lithium battery or cell is not subject to the HMR, if it does not meet the definition of a#

Page 2battery or cell in Section 38.3.2.2 of the UN Manual of Tests and Criteria. Once again, it is the responsibility of the shipper to determine whether any materials or contents that remain meet any HMR criteria for hazardous materials. I hope you find this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Cardez 24-0034 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Request for Letter of Interpretation of the HMR § 173.185(f) Date: Friday, May 24, 2024 4:50:01 PM Attachments: Request for Letter of Interpretation of the HMR § 173.185(f).msg Hi Alice, Please see the attached interpretation request. Let me know if you need anything. Regards, -Breanna -----Original Message----- From: Ben Smith <bsmith@proteq.com> Sent: Friday, May 17, 2024 8:11 AM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov> Cc: Robert Ashton <rashton@proteq.com> Subject: Request for Letter of Interpretation of the HMR § 173.185(f) CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe.#

Page 4From: Ben Smith To: PHMSA HM InfoCenter Cc: Robert Ashton Subject: Request for Letter of Interpretation of the HMR § 173.185(f) Date: Friday, May 17, 2024 8:11:27 AM Attachments: image001.jpg To whom it may concern: When the regulatory language of §173.185(f) refers to damaged, defective, and recalled cells, or batteries, for USDOT transportation purposes, if a lithium chemistry battery has been processed – prior to transportation – to no longer have the potential to: Be Electrically charged Not hold any electrical charge, and can no longer be charged Be electrically connected to equipment (electrical plugs have been destroyed) Hold no electrolyte, flammable or explosive liquids or gases Is destroyed beyond use as a battery, and/ or cell, so as not have the operational ability to provide power to equipment, and, Does not present a dangerous evolution of heat, fire, and cannot be short circuited, and; Has been tested IAW RCRA testing (TCLP, and ignitability) with results showing no FP below 140 degrees F, and no TCLP metals detected: Then, in the opinion of PHMSA, do these pretreated and processed non-batteries no longer meet definition of a cell or battery? V/R, Ben Smith Sr. Multimodal DG Specialist • ProteQ mobile: (571) 449-0741 email: bsmith@proteq.com 2325 Dulles Corner Blvd, Ste 725 Herndon, VA 20171 www.proteq.com This email and any attached files contain business sensitive information and are intended solely for the use of the individual for whom they are addressed. If you are not the named addressee, do not disseminate, distribute or copy this email. Disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. ProteQ is a Service Disabled Veteran Owned Small Business (SDVOSB) as certified by the U.S. Department of Veterans Affairs (VA) Center for Veterans Enterprise (CVE) verification process.#