Interpretation Response #99-0302 ([Howrey and Simon] [Mr. David B. Weinberg])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Howrey and Simon
Individual Name: Mr. David B. Weinberg
Location State: DC Country: US
View the Interpretation Document
Response text:
April 6, 2000
Mr. David B. Weinberg Ref. No. 99-0302
Howrey and Simon
1299 Pennsylvania Avenue NW
Washington, DC 20004-2402
Dear Mr. Weinberg:
This is in response to Your letter dated October 28, 1999, and subsequent telephone conversations between Mr. Kerchief, of your firm and Eric Nelson of our staff regarding the shipment of small lithium batteries for recycling under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). 1 apologize for the delay and hope that it has not caused any inconvenience. Your questions are
paraphrased and answered as follows:
Question 1: Are the only requirements applicable to the shipment of used small lithium batteries for recycling those set forth in § 173.185(h)?
Small lithium batteries which are excepted by § 173.185(b) or (c) are not subject to the requirements of the HMR. Section 173.185(h) applies to cells and batteries offered for disposal, and does not apply to cells and batteries offered for recycling. Small lithium batteries which are offered for recycling and are not excepted by § 173.185(b) or (c) are fully subject to the HMR and including, but not limited to, training, shipping papers, marking, and the forbidding for transportation of materials and packages which are likely to create a dangerous quantity of heat,
Question 2: As long as used dry cell batteries other than used lithium batteries are shipped via ground transportation for recycling or disposal, and are packaged and handled as to avoid smoke, fire, or resulting personal injury (e.g. preventing the combination of flammable materials or to allow off-gassing) do any further requirements of the IM apply?
The answer is no, as long as the batteries are not a hazardous waste as provided by § 171.8. Special provision 130 of § 172.101, Hazardous Materials Table, excepts “Batteries, dry, not subject to the requirements of this subchapter ” from regulation only when they are offered for transportation in a manner that prevents the dangerous evolution of heat (for example, by the effective insulation of exposed terminals). However, batteries that are not subject to the HMR when new, could be subject to the HMR as a Class 9 Miscellaneous hazardous material when regulated as a hazardous waste.
In addition, § 173.21 Forbidden materials and packages, applies to every material in transportation in commerce at all times, which includes materials that are not specifically subject to the HMR in the event the material is used to create a device that generates sparks or a dangerous quantity of heat. For the purpose of § 173.21(c), “dangerous quantity of heat” is considered, in part, to be a sufficient amount of energy to cause leakage of the battery contents, smoke or fire, or personal injury.
I hope this satisfies your request.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
172.102
Regulation Sections
| Section | Subject |
|---|---|
| 172.102 | Special provisions |