Interpretation Response #09-0295 ([Fanwood"Scotch Plains Recycling Association] [Mr. Harold R. Clark])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Fanwood"Scotch Plains Recycling Association
Individual Name: Mr. Harold R. Clark
Location State: NJ Country: US
View the Interpretation Document
Response text:
January 8, 2010
Mr. Harold R. Clark
President
Fanwood"Scotch Plains Recycling Association
216 Second Street
Fanwood, NJ 07023
Ref. No. 09-0295
Dear Mr. Clark:
This responds to your November 23, 2009 letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transport of discarded household batteries. DOT has issued several letters including a letter issued on June 23, 2009 (Ref. No. 09-0090) and August 13, 2009 (Ref. No. 09-0150), in which we provide interpretation on the applicability of the HMR to the transportation of various types and sizes of used dry cell batteries. We have since revised those interpretations (see Ref. No. 09-0090R and Ref. No. 09-0150R).
After further consideration and analysis of dry battery chemistries and sizes and based on information available to us, it is the opinion of this Office that used or spent dry, sealed batteries of both non-rechargeable and rechargeable designs, described as "Batteries, dry, sealed, n.o.s." in the Hazardous Materials Table in § 172.101 of the HMR and not specifically covered by another proper shipping name, with a marked rating up to 9-volt are not likely to generate a dangerous quantity of heat, short circuit, or create sparks in transportation. Therefore, used or spent batteries of the type "Batteries, dry, sealed, n.o.s." with a marked rating of 9-volt or less that are combined in the same package and transported by highway or rail for recycling, reconditioning, or disposal are not subject to the HMR. Note that batteries utilizing different chemistries (i.e., those battery chemistries specifically covered by another proper shipping name) as well as dry, sealed batteries with a marked rating greater than 9-volt may not be combined with used or spent batteries of the type "Batteries, dry, sealed, n.o.s." in the same package. Note also, that the clarification provided in this letter does not apply to batteries that have been reconditioned for reuse.
I hope this answers your inquiry. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
172.101
Regulation Sections
Section | Subject |
---|---|
172.101 | Purpose and use of hazardous materials table |