{"operation":"document","citation":"25-0098","title":"NAVSEA NUWC Keyport — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-01-06","effective_on":null,"summary":"25-0098 response to NAVSEA NUWC Keyport concerning 171.8, 172.101, 172.301, 172.304, 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0098.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0098.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0098","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-01/250098.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJanuary 6, 2026\nShannon Walker\nNAVSEA NUWC Keyport\n610 Dowell Street Bldg. 894\nKeyport, WA 98345\nReference No. 25-0098\nDear Ms. Walker:\nThis letter is in response to your July 15, 2025 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition of a hazardous\nwaste. Specifically, you ask about waste batteries described as “UN2795, Batteries, wet, filled\nwith alkali” that are shipped as universal waste and thus not subject to the Environmental\nProtection Agency (EPA) hazardous waste manifest requirements.\nWe have paraphrased and answered your questions as follows:\nQ1. Must a universal waste, that is not an EPA hazardous waste but is a hazardous material,\nbe transported as hazardous material (as opposed to EPA hazardous waste)?\nA1. Yes. Any material that meets the definition of a hazardous material must be transported\nin accordance with the HMR as a hazardous material, unless otherwise excepted by\nregulation. Universal wastes not subject to EPA’s hazardous waste manifest requirements\nmay still be subject to the HMR as a hazardous material if the universal waste meets the\ndefinition of a specific hazard class or is listed as a hazardous substance in Appendix A to\n§ 172.101. In the scenario presented in your letter, the batteries (i.e., UN2795) shipped\nas universal waste are hazardous materials subject to the HMR based on meeting Class 8\ncorrosivity criteria.\nQ2. Is it permissible to modify the proper shipping name (PSN) for a hazardous material to\ninclude any variant of the phrase “universal waste” (e.g., “UN2795, Batteries, wet, filled\nwith alkali (universal waste)”?\nA2. No. Section 172.101(c)(9) of the HMR requires shippers to place the word “waste” in\nfront of the PSN for a material that is a hazardous waste as defined in § 171.8 (i.e., is\n\n<<<PAGE 2>>>\n\nsubject to EPA manifest requirements), if the hazardous materials description does not\nalready include the word “waste.” The HMR do not permit the use of the word “waste”\npreceding a PSN for a material that is not a hazardous waste as defined in the HMR (e.g.,\nuniversal wastes). Therefore, the PSN must appear as prescribed in Column (2) of the\nHazardous Materials Table in § 172.101. However, additional information may be\nprovided on a shipping paper, such as indicating that the material is a universal waste,\nprovided this information is entered after the basic shipping description of the hazardous\nmaterial.\nQ3. Is it correct to mark a package containing batteries, which are considered universal\nwastes, as a hazardous material using the United Nations (UN) identification number and\nPSN “UN2795, Batteries, wet, filled with alkali?”\nA3. Yes. This information must be provided on required packages (see § 172.301(a)(1)). See\nalso answer A1.\nQ4. Can the outer packaging of a hazardous material shipment be marked “used batteries” in\naddition to the hazardous material markings required by the HMR?\nA4. Yes. The packaging may contain additional markings; however, the marking must be\nplaced so as not to reduce the effectiveness of the markings required by the HMR. See\n§ 172.304(a)(4).\nQ5. How would “UN3480, Lithium ion batteries” be marked and labeled for shipment to a\nrecycling facility?\nA5. Lithium cells or batteries shipped for disposal or recycling may be transported under the\nprovisions of § 173.185(d), which provides conditions for exception from general\nrequirements for lithium batteries transported for disposal or recycling. The shipment\nmay be further excepted from the hazard communication and training requirements of\nSubparts C through H of Part 172 of the HMR when the lithium cells or batteries meet\nthe size, packaging, and hazard communication conditions provided in § 173.185(c)(1)-\n(3).\nQ6. Would “UN3480, Lithium ion batteries” be shipped as a hazardous material or as\nhazardous waste? Would the packaging markings/labels indicate “universal waste” or\n“waste” in any capacity, or would the package simply be marked to reflect the UN\nidentification number and PSN?\n\n<<<PAGE 3>>>\n\nA6. See answers A1, A2, and A3.\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\n3\n\n<<<PAGE 4>>>\n\nCasey, C.\n25-0098\nFrom: Walker, Shannon Loree CIV USN NUWC DIV KPT WA (USA)\nTo: INFOCNTR (PHMSA)\nSubject: Formal Letter of Interpretation request\nDate: Tuesday, July 15, 2025 14:17:15\nPOC:\nShannon Walker / James Blythe\nMailing Address:\nNAVSEA NUWC Keyport\n610 Dowell Street Bldg. 894\nKeyport, WA 98345\nGood afternoon,\nI'm looking for clarification regarding marking/labeling requirements to ship waste battery cells\nthat meet the EPA’s universal waste criteria per 40 CFR Part 273. I know that the intent of the\nEPA’s universal waste ruling was to simplify the management process for commonly\ngenerated wastes such as pesticides, batteries, aerosols, mercury-containing equipment,\nlamps, etc, but it’s still somewhat confusing where the EPA universal waste requirements end\nand the DOT shipping requirements start.\nHere is some background information regarding the batteries in question:\nThe battery cells in question use potassium hydroxide (KOH) electrolyte and are a\nhazardous material.\nThe manufacturer’s SDS for the battery cells states that the proper UN ID number is\n2795 and that the proper shipping name is “BATTERIES, WET, FILLED WITH ALKALI”.\nWaste battery cells are shipped to a reclamation facility to recover the useful materials\nfor later re-use in manufacturing new battery cells.\nTo keep this email focused, my questions are numbered below.\n1. From the Department of Transportation’s perspective, is universal waste that is also\na hazardous material shipped/marked/labeled as a hazardous material (as opposed\nto hazardous waste)?\nThe EPA’s universal waste requirements in 40 CFR 273 delegate universal waste\npackaging/marking/labeling/handling requirements to the Department of\nTransportation. Under normal circumstances, a hazardous waste shipment would\nrequire a Hazardous Waste Manifest in accordance with 40 CFR 262. However,\nuniversal waste is exempt from Hazardous Waste Manifests per 40 CFR 261.9. This\nseems to imply that hazardous material that is a universal waste is intended to be\nshipped as a hazardous material, rather than as a hazardous waste.\n\n<<<PAGE 5>>>\n\n2. 3. 4. 5. Is it ever permissible to modify the proper DOT shipping name for a hazardous\nmaterial to include any variant of the phrase “universal waste”, such as “universal\nwaste – batteries” or “BATTERIES, WET, FILLED WITH ALKALI (UNIVERSAL WASTE)”?\nMy understanding of 49 CFR 172.101 is that proper shipping names for hazardous\nmaterials cannot be modified except as permitted within 49 CFR 172.101.\nAdditionally, 40 CFR 273.52(b) explicitly prohibits modifying the DOT proper\nshipping name for a universal waste hazardous material to include the word\n“waste”. Since “universal waste” refers to a broad number of hazardous materials\nthat could each have multiple UN ID numbers and proper shipping names, it’s only\nlogical that the proper shipping name “universal waste” would not adequately\nindicate the hazard associated with a material.\nFrom the perspective of the DOT, is it correct to ship/mark the hazardous material in\nquestion (universal waste battery cells) as a hazardous material without a\nhazardous waste manifest using the UN ID number and proper shipping name\nprovided below?\nUN2795\nBATTERIES, WET, FILLED WITH ALKALI\nCan the exterior packaging of a hazardous material shipment be marked “used\nbatteries” in addition to the hazardous material markings required by the\nDepartment of Transportation? Assume the marking is on the packaging only and is\nnot reflected on any of the shipping paperwork.\nUniversal waste type identification on external packaging or individual items is\nrequired by 40 CFR 273.14(a). Applying the label to the outside of the shipping\ncontainer would be easiest, but I can label individual items instead if doing so may\navoid confusion during shipping.\nHow would lithium batteries with UN ID number 3480 and proper shipping name\n“Lithium ion batteries” be marked/labeled for shipment to a recycling facility?\nWould they be shipped as a hazardous material or as hazardous waste? Would the\npackaging markings/labels indicate “universal waste” or “waste” in any capacity, or\nwould the package simply be marked to reflect the UN ID number and proper\nshipping name?\nThough the marking requirements are likely stricter for lithium batteries than for\nwet alkaline batteries, the overall process is analogous to what I am trying to\naccomplish—and I imagine you field more questions regarding lithium batteries\nthan wet alkaline batteries. Being able to relate the lithium battery shipping\nprocess to the shipping process for our battery cells would be super helpful in\nunderstanding the overall shipping process.\nThank you very much!\n\n<<<PAGE 6>>>\n\nV/R,\nShannon Walker\nC/50 Dept. Property Manager\nOM&S, Asset and Hazardous Material Oversight / Procurement SME / Internal Audit and FIAR\nCompliance\nUnmanned & Theater USW Systems Department\nNAVSEA NUWC Division Keyport\nOffice: 360-315-5623, Cell: 360-689-7473\nShannon.l.walker40.civ@us.navy.mil","truncated":false,"body_characters":9420}