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
Greif
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.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.22, 173.213, 173.159
Corbin:PHH:03/10/06:ad