Interpretation Response #12-0256 ([The Rechargeable Battery Association] [Mr. George A. Kerchner PRBA])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: The Rechargeable Battery Association
Individual Name: Mr. George A. Kerchner PRBA
Location State: DC Country: US
View the Interpretation Document
Response text:
January 22, 2013
Mr. George A. Kerchner
PRBA - The Rechargeable Battery Association
1776 K Street, NW
Washington, DC 20006
Ref No.: 12-0256
Dear Mr. Kerchner:
This is a response to your November 10, 2012 email requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-185) with regard to the transport of dry batteries. Specifically, you seek clarification on the following issues: (1) the applicability of § 172.102, Special Provision 130 to spent or used dry batteries up to 12-volt, (2) the packaging requirements for shipping mixed used battery chemistries, and (3) the packaging requirements of large format Nickel Metal Hydride (NiMH) batteries transported under Special Provision 130. Your questions are paraphrased and answered below.
Q1. Applicability of § 172.102, Special Provision 130 to spent or used dry batteries up to 12-volt
In your incoming letter you provided data on 12-volt alkaline batteries suggesting that, like 9-volt batteries of this chemistry, these batteries do not generate a dangerous evolution of heat during short circuit tests. Based on this data, you ask that PHMSA amend its position related to used or spent alkaline dry cell batteries to except up to 12-volt from the HMR.
A1. In the final rule published on January 19, 2011 (HM-215K; 76 FR 3308), PHMSA revised § 172.102, Special Provision 130 to reflect that used or spent dry batteries of both non-rechargeable and rechargeable designs, with a marked rating up to 9-volt that are combined in the same package and transported by highway or rail for recycling, reconditioning, or disposal are not subject to this special provision or any other requirement of the HMR.
We appreciate your bringing this data to our attention. PHMSA cannot make regulatory changes through a request for interpretation of the HMR. However, if you believe a rulemaking change is warranted, we invite you to file a petition for rulemaking in accordance with § 106.95 including all information (see § 106.100) needed to support your petition.
Q2. Packaging requirements for shipping mixed used battery chemistries
In your incoming letter you also seek confirmation on your understanding of the HMR with regard to shipment of mixed used battery chemistries. Specifically, it is your understanding that PHMSA may have inadvertently placed limitations on how certain used dry cell batteries may be packaged when we stated in the November 25, 2009 letter (Ref. No. 09-0225):
"" 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 of 9-volt may not be combined with used or spent batteries of the type "Batteries, dry, sealed, n.o.s." in the same package."
You further state that this interpretation is inconsistent with current industry practices.
A2. In the final rule published on January 19, 2011 (HM-215K; 76 FR 3308), PHMSA revised § 172.102, Special Provision 130. The language found in § 172.102, Special Provision 130 paragraph (d) states 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.
Q3. Packaging requirements of large format Nickel Metal Hydride (NiMH) batteries transported under Special Provision 130
You requested clarification regarding appropriate packaging methods for large format NiMH batteries transported by highway or rail and described as "Batteries, dry, sealed, n.o.s.," that are designed for use in hybrid electric vehicles and stationary applications. You indicate that these large batteries are often shipped on pallets without outer packaging. This packaging method is similar to practices authorized for large format batteries of other chemistries, such as lithium ion and lead acid.
A3. Large format NiMH batteries are subject to the requirements of § 172.102, Special Provision 130 when transported by highway and rail. It is the opinion of this Office, that the use of pallets without outer packaging, as described in the scenario you provided, would not be prohibited by the HMR if the requirements of Special Provision 130 to prevent a dangerous evolution of heat, short circuits and damage to terminals are met.
I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office.
Sincerely,
Robert Benedict
Chief, Standards Development
Standards and Rulemaking Division
172.102 SP 130