Interpretation Response #25-0098
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: NAVSEA NUWC Keyport
Individual Name: Shannon Walker
Location State: ME Country: US
View the Interpretation Document
Response text:
January 6, 2026
Shannon Walker
NAVSEA NUWC Keyport
610 Dowell Street Bldg. 894
Keyport, WA 98345
Reference No. 25-0098
Dear Ms. Walker:
This letter is in response to your July 15, 2025 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition of a hazardous waste. Specifically, you ask about waste batteries described as "UN2795, Batteries, wet, filled with alkali" that are shipped as universal waste and thus not subject to the Environmental Protection Agency (EPA) hazardous waste manifest requirements.
We have paraphrased and answered your questions as follows:
Q1. Must a universal waste, that is not an EPA hazardous waste but is a hazardous material, be transported as hazardous material (as opposed to EPA hazardous waste)?
A1. Yes. Any material that meets the definition of a hazardous material must be transported in accordance with the HMR as a hazardous material, unless otherwise excepted by regulation. Universal wastes not subject to EPA's hazardous waste manifest requirements may still be subject to the HMR as a hazardous material if the universal waste meets the definition of a specific hazard class or is listed as a hazardous substance in Appendix A to § 172.101. In the scenario presented in your letter, the batteries (i.e., UN2795) shipped as universal waste are hazardous materials subject to the HMR based on meeting Class 8 corrosivity criteria.
Q2. Is it permissible to modify the proper shipping name (PSN) for a hazardous material to include any variant of the phrase "universal waste" (e.g., "UN2795, Batteries, wet, filled with alkali (universal waste)"?
A2. No. Section 172.101(c)(9) of the HMR requires shippers to place the word "waste" in front of the PSN for a material that is a hazardous waste as defined in § 171.8 (i.e., is subject to EPA manifest requirements), if the hazardous materials description does not already include the word "waste." The HMR do not permit the use of the word "waste" preceding a PSN for a material that is not a hazardous waste as defined in the HMR (e.g., universal wastes). Therefore, the PSN must appear as prescribed in Column (2) of the Hazardous Materials Table in § 172.101. However, additional information may be provided on a shipping paper, such as indicating that the material is a universal waste, provided this information is entered after the basic shipping description of the hazardous material.
Q3. Is it correct to mark a package containing batteries, which are considered universal wastes, as a hazardous material using the United Nations (UN) identification number and PSN "UN2795, Batteries, wet, filled with alkali?"
A3. Yes. This information must be provided on required packages (see § 172.301(a)(1)). See also answer A1.
Q4. Can the outer packaging of a hazardous material shipment be marked "used batteries" in addition to the hazardous material markings required by the HMR?
A4. Yes. The packaging may contain additional markings; however, the marking must be placed so as not to reduce the effectiveness of the markings required by the HMR. See § 172.304(a)(4).
Q5. How would "UN3480, Lithium ion batteries" be marked and labeled for shipment to a recycling facility?
A5. Lithium cells or batteries shipped for disposal or recycling may be transported under the provisions of § 173.185(d), which provides conditions for exception from general requirements for lithium batteries transported for disposal or recycling. The shipment may be further excepted from the hazard communication and training requirements of Subparts C through H of Part 172 of the HMR when the lithium cells or batteries meet the size, packaging, and hazard communication conditions provided in § 173.185(c)(1)-(3).
Q6. Would "UN3480, Lithium ion batteries" be shipped as a hazardous material or as hazardous waste? Would the packaging markings/labels indicate "universal waste" or "waste" in any capacity, or would the package simply be marked to reflect the UN identification number and PSN?
A6. See answers A1, A2, and A3.
I hope 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
§ 171.8, § 172.101, 172.101(c)(9), § 172.301(a)(1), § 172.304(a)(4), § 173.185(c)(1)-(3), § 173.185(d)