Interpretation Response #23-0100
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Eos Energy Enterprises Inc.
Individual Name: Denielle Gower
Location State: NJ Country: US
View the Interpretation Document
Response text:
November 17, 2023
Denielle Gower
Director of Logistics
Eos Energy Enterprises Inc.
3920 Park Ave
Edison, NJ 08820
Reference No. 23-0100
Dear Ms. Gower:
This letter is in response to your October 31, 2023 email and subsequent phone conversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of batteries which contain zinc bromide. Specifically, you are seeking confirmation that these batteries may be classed as "UN3548, Articles containing miscellaneous dangerous goods, n.o.s., (zinc bromide), 9." You state that your company manufactures a containerized energy storage system consisting of 672 individual batteries. The batteries contain approximately 2.2 gallons of zinc bromide mixtures in which the concentration of the zinc bromide is greater than 10%. You further state that your company has tested the zinc bromide mixture, and it does not meet the criteria of a corrosive material or a flammable material. Lastly, you state that you were told you would need an approval to ship these by air because of special provision A2 for this entry in the International Air Transport Association (IATA) Dangerous Good Regulations (DGR).
Based on the information you have provided in your email and subsequent phone conversations; it is the opinion of this Office that your classification is correct. The containerized energy storage system may be classed as "UN3548, Articles containing miscellaneous dangerous goods, n.o.s., (zinc bromide), 9." While your email references the IATA DGR, please note that the HMR do not officially recognize the IATA DGR for purposes of transporting hazardous materials. However, § 171.22 of the HMR authorizes use of the International Civil Aviation Organization's (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air (Technical Instructions) provided shipments offered under the ICAO Technical Instructions conform to the applicable requirements of §§ 171.23 and 171.24. The ICAO Technical Instructions list special provision A224 with this entry along with A2. Special Provision A224 states that articles containing miscellaneous dangerous goods, n.o.s. may be transported on passenger and cargo aircraft irrespective of the indication of "forbidden" in columns 10 to 13 of Table 3-1, provided that the only dangerous goods contained in the article is an environmentally hazardous substance. Being that zinc bromide is not listed in the hazardous materials table in the HMR, and it does not meet the definition of any other hazard class, but it is a marine pollutant; this material is then considered an environmentally hazardous substance. This means that an approval is not required even though the ICAO Technical Instructions say that it is forbidden for air transport, and there is a special provision A2 which indicates approval is required. Please note, in accordance with § 171.23(b)(5), these articles may be subject to additional requirements for hazardous substances as defined in § 171.8.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Shane C. Kelley
Director
Standards and Rulemaking Division
Office of Hazardous Materials Safety
§ 171.8, § 171.22, § 171.23, § 171.23(b)(5), § 171.24