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Interpretation Response #06-0036 ([Greif] [Mr. Rich Kovaleski])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Greif

Individual Name: Mr. Rich Kovaleski

Location State: OH Country: US

View the Interpretation Document

Response text:

Mr. Rich Kovaleski                Reference No. 06-0036


2225 Greif Road

Zanesville, OH 43701

Dear Mr. Kovaleski:

This responds to your letter concerning the transportation of waste batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You describe the following scenario:

Your client wants Greif to build a bulk container for the transportation of Universal Waste Batteries. Currently, the waste batteries are transported in a 36" x 36" x 36" non-specification container with a poly liner. The container is marked "Batteries, dry, containing potassium hydroxide solid, 8, UN3028, PGIII" and "Batteries wet, nonspillable, 8, UN2800, PGIII." The filled container weighs approximately 3,200 lbs. and is banded to a wooden pallet. Your questions are paraphrased and answered as follows:

Q1. Are Universal Waste Batteries subject to the HMR?

Al. Universal Waste Batteries are subject to the HMR if they meet the criteria of a hazardous material. In accordance with § 173.22, it is the shipper"s responsibility to properly classify a hazardous material and assign it a proper shipping name from the Hazardous Materials Table (HMT). The proper shipping names "Batteries, dry, containing potassium hydroxide, solid, UN3028" and "Batteries wet, nonspillable, UN2800," describe batteries that are subject to the HMR

Q2. What packagings are authorized for Universal Waste Batteries?

A2. "Waste, Batteries, dry, containing potassium hydroxide, solid, UN3028," must be packaged in a specification packaging authorized in § 173.213. This section authorizes non bulk combination as well as single packagings; bulk packagings are not authorized. "Waste, Batteries, wet, nonspillable, UN2800," must be packaged in accordance with

§ 173.159. This section authorizes specification and non-specification packagings.

Section 173.159(d) excepts nonspillable wet electric storage batteries from all other requirements of the HMR, including specification packaging, if the limitations in paragraphs (d)(1), (2), (3) and (4) are met.

I trust this satisfies your inquiry.



Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.22, 173.213, 173.159


Regulation Sections

Section Subject
173.159 Batteries, wet
173.213 Non-bulk packagings for solid hazardous materials in Packing Group III
173.22 Shipper's responsibility