Delphi Automotive Systems — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh Street, S.W of Transportation Washington, D.C. 20590 Research and Administration Special Programs APR | 3 1999 Mr. Dave McCullough Ref. No: 99-0070 Delphi Hazardous Materials Coordinator Delphi Automotive Systems P.O. Box 502650 Indianapolis, Indiana 46256 Dear Mr. McCullough: This is in response to your letter of February 25, 1999, requesting clarification on the shipment of lithium ion batteries under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Specifically you ask for clarification of the requirements of § 173.185 as they relate to lithium ion batteries. You state that the UN Recommendations for the Transport of Dangerous Goods has adopted a formula for determining equivalent lithium content for lithium ion batteries in Section 38.3.3.2 which reads as follows: Lithium content means the mass of lithium in the anode of a lithium metal or lithium alloy cell, which for a primary cell is measured when the cell.is in an undischarged state and for a rechargeable cell is measured when the cell is fully charged, except in the case of a lithium-ion cell the lithium content is measured in terms of equivalent lithium content, which in grams is calculated to be 0.3 times the rated capacity in ampere hours. You ask if this formula may be used for determining the size of lithium ion batteries under the provisions of § 173.185. The answer is yes. This method for determining the equivalent lithium content for lithium ion batteries will be proposed for adoption into the HMR in a future rulemaking action. Sincerely, Sion to th Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 173.185 990070#

Page 25 PAGES N Aerovironment Inc. IN CUmING covEn ILKER "IKE" BAYRAKTAR SALES AND NEW BUSINESS DEVELOPMENT VICE PRESIDENT Lavalle 3173.185 99-0070 To. Dr. Fenton Carey (202) 366-1194 Fax: (202) 366-3671 Per our conversation attached pleare find our permit renewal / upgrade /update document. We really need your help to process for us (Delphi-E) speed up the to be able to ship Lilo Batteries (!!!) to our customers aud to male right technology delivery. schade les Vary respectfully w: (626) 357-9983 Ext.50! Fax: (626) 357-9729 "re 2t99 ago: 1-800-397-4498 Residans: (318) 842-5775 Telephone 626/357-9983 • Telex 467 121, AEROVIR-C1 • FAX 626/359-9628#

Page 3SENT BY:DELHI ENERGY & ENGINE: 2-25-89: 2:36/» ; 3175794991 818 357 9729: * 1/ 4 DELPHI Managament Systems Eningy & Engine Date: 2/25/44 To: IKE BAYRAKTAR Fox: 626-357-9729 Phone: From: MuRRaY SANDBERG Far: 317-579-4991 Phone: 517-574-4961 subject: ApRIcatioN to D.OT. to sHip LitMum PoLymir BATTERIES • CC Number of pages including cover sheet 4 problems with the receipt of this cransmission, please contact slaphanie Cline 917-578-3788 (8-352-3768) IKe, THIS IS OUR APPLICAION WE DISCUSSED LASI WEEK. IF yOU NEED ADDITIONAL INFO, CALL ME. "THAnk you for your Her?? Musia#

Page 4SENI BY DELHI ENCRY & EMINE: 2-25-99: 2:36: 3175784331→ DELPHI AutomaTNo gVutoma • February 25, 1999 US Department of Transportation Research Special Programs. Administration Office Of Hazardous Materials Transportation 400 Seventh Street S.W. Washington, DC. 20590 Attantion: Approvals Division: Mr. James Jones Ro: Approval To Ship Rechargeable Lichlum Battery Colle And Batteries Dear Sir: Transportation. Office of Hazardous Materials Exemptions and Approvals, CA - 9110001. Due to new technology, engineering designs, potential applications both automotive and non -automotive the configuration of the lithium call and battery has changed. •Anode - carboni polymer film laminated to a coppor massh grid. The new configuration is as followe: • Cathode - manganene oxidel polymer film laminated to an aluminum mesh grid. •Eloctrolyte -lithium hexalluorophosphate salt in an organic ester carbonate midure. •Lithium - all of the lithium is in lonic form (no metallic lithium ). There is a total of 14.417 grams of itium in the anodes and cathodes of each call and 57.67 grams of lithium in the battery. "Package - hermatically agaled can with a 2 psi vent. Attached are dramingg of the cell and battery which ara Delphi Automotive confidential and proprietary. Thie nom configuration does not comply with 48 CFR, HM 181, 173.185. Noncompliance is based on 173.185 E1 requirement. The new call configuration has 14,417 grams which exceed the 12 grams maximum. However the new configuration does comply with 173.185 E2 requirement of 500 grams per battery maximum. The cortent of tihium in the cell and battery is computed using the current formula for determining " equalivent" lithium content. earns 5758 HopsaPoil P.D. Dus 580850 holmants tabana 45236 VIL#

Page 52-26-1999 14: 4AM THUN SEINI DI.UELENI LIVERUT & LIMINE: 2-20-Y9 2:3159 : 9178784801- 818 357 9729:# 3/ 4 317-579-3332 In December of 1998 the UN commiliee For Dangerous Goods Panel met and has forwarded amendments to the International Civil Aviation Organization for review. The specific amendment in question is Attachment 4, Amendments To The UN Model Ragulations On The Transport Of Dangerous Goods (Document •ST/SG/AC. 10/11/Rev.2 ) Section 38, 38.3.3.2 • Aggregate lithium content means the sum of the gramis of lithium content contained by the cells comprising a battery. "Equalivent ithium content is defined in the definition of lithlum content. •Large battery means a battery in which the aggregate whium content of all anodes. when fully charged, is more than 500 grams. •Large cell means a cell in which the lithium content of the anode, when fully charged, is more than 12 grams. *Lithium content means the mass of lichium in the anode of a lithium metai or ithlum alloy caff, which for a primary cell is measured when the cell is in an undischarged state and for a rechargeable coll is measured when the call is fully charged, except in the case of a lithiumrion cell the lithium content is measured in terme of equalivent lithium content, which in grams is calculated to be 0.3 times the rated capacity in ampere hours. • Lithium-ion cell or battery means a rechargeable electrochamical call or battery in which the positive and negstive electrodes are both intercalation compounds (intercalated lithium exists in an ionic or quast-atoric form with the lattice of the electrode material) constructed with no metallic Whium in either electrade. •Small battery means a battery composed of small celle, and in which aggregate lithium content of all call anodes, when fully charged, is not more than 500 grams. •Smail call means a cell in which the Whium content of the of the anode, when fully charged, is not more than 12 grams. When the above proposed ariendments are approved and entered into the regulations the Delphi lithium-ion call will meet the requirements of 173.185 E1. The new cell configuration has a 38 ampere hour capacity which would calculate to 11.4 grams per ( cell and 57.67 grams per beltery. It appears that the amendment would be officially entered into the intomational and US Federal regulations in January 2001. The ability to continue research and development processes, moet austomer requirements, and remain competitive in the global marketplace is dependent on the ability to ship the fithium-ion call and battery.#

Page 63115194851- 818 33/ 9129:8 4/ 4 Therefore, Delphi Automotive Systems respectfully réquests approval to ship the lithium-ton cell and battery during the interim period from April, 1989 through January, 2001. The shipments would be to domestic customers and inernational customers locatad in France, Germany, Italy, Sweden, Japan, and Luxembourg. Your continued support of our requirements is appreciated. If you have any questions, you can contact me on 317-579-3332 or fax 317-579-3402. Regards, Dave McCullough Delphi Hazardous Material Coordinator#