When discarded, most lithium-ion (secondary batteries) and lithium primary batteries in use today are likely to be hazardous waste due to ignitability and reactivity (D001 and D003, respectively). With the exception of households, the generator of a waste is responsible for determining whether the spent lithium batteries they generate are hazardous waste and, if they are,
how they are to be managed in compliance with Federal and State hazardous waste requirements.
One compliance option is to manage the hazardous waste lithium batteries as a universal waste.
A handler of universal waste may only manage broken or damaged lithium batteries as universal wastes if the breakage or damage does not constitute a breach in an individual cell casing. The definition of battery in 40 CFR 273.9 does not explicitly state that all batteries must be whole; however, the definition includes an intact, unbroken battery from which the electrolyte has been
removed (60 FR 25492, 25504; May 11, 1995).
Additionally, the requirements for handlers of universal waste allow certain management activities, such as sorting and mixing batteries, provided the batteries or cell casings are not breached and remain intact (sections 273.13(a)(2) and 273.33(a)(2)). The disassembly of a battery pack into individual modules or cells with no damage done to the cell casing does not make a battery damaged or defective.
In sum: A DDR lithium cell or battery may be managed as a universal waste as long as the damage does not constitute a breach in the cell casing.
Damaged, defective, or recalled (DDR) batteries may not be transported by air. In addition, they must comply with specific Department of Transportation (DOT) packaging requirements found at 49 CFR 173.185(f).
Good afternoon! My name is Jane Doe, I’m from Company’s Regulatory Affairs department and I have been researching hazmat shipping regulations. I understand that orientation arrows are required on two opposite, vertical sides of the package if the package contains liquid hazardous materials. However, I’m wondering if any such requirements apply to pressurized gas hazardous materials? Are orientation arrows required in that case as well, or does the regulation just apply to liquids?
Hey Daniel, reading over your answered questions on your website and how full and complete you answer questions.My Question:
In California CVC 32000.5 states in part
” and a motor carrier who transports for a fee in excess of 500 pounds of hazardous materials of the type requiring placards pursuant to Section 27903 , shall be licensed in accordance with this code, unless specifically exempted by this code or regulations adopted pursuant to this code. This license shall be available for examination and shall be displayed in accordance with the regulations adopted by the commissioner.”
If I am charging a fee for a hazmat delivery and it’s over 500 lbs in California does the driver of the hazmat needs a CDL hazmat endorsement. Throwing out the 1,001 exemption as California is requiring stricter limits of 500.
If you could also take account “chp 800c” memo stating 500 lbs for a fee that needs to be placard if hauled in greater amounts
Thanks for your time.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
International and Domestic
Answer:
Please see below for answers to your questions:
No. The driver of a motor vehicle in the situation you descrube does not require the HazMat Endorsement on their commercial driver’s license (CDL).
Federal regulations of the Federal Motor Carrier Safety Administration within the U.S. Department of Transportation (USDOT/FMCSA) at 49 CFR 383.93 require a driver to have the HazMat endorsement on their CDL if they operate a motor vehicle transporting certain quantities and types of hazardous materials (HazMat). This requirement applies to interstate or intrastate carriers.
The HazMat endorsement on the CDL is required to be obtained in either of the following circumstances:
The vehicle transports a quantity of HazMat that requires the display of placards per the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. DOT (USDOT/PHMSA) at 49 CFR 172.504.
The vehicle transports any quantity of a select agent or toxin listed at 42 CFR 73.
The California Highway Patrol (CHP) requires a person who operates a motor vehicle transporting hazardous materials in certain quantities to obtain a Hazardous Materials Transportation License (HMTL) from CHP. This requirement applies to interstate or intrastate carriers.
A HMTL is required to be obtained from CHP in either of the following circumstances:
The shipment of HazMat requires the display of hazard warning placards per the HMR of USDOT/PHMSA.
The shipment of HazMat exceeds 500 pounds, is being transported for a fee (for-hire), and the material would normally require placards if shipped in a greater quantity. In other words, the HazMat doesn’t require the display of placards at its current type and quantity, but it would if in a greater quantity.
For more information or to obtain a HMTL, refer to the following CHP forms availalbe at www.chp.ca.gov:
CHP 361M, Application for Hazardous Materials Transportation License
It is importatnt to note that the Federal regulations of USDOT/PHMSA are referenced by CHP, but can’t be changed in any way by it. In short: California can’t require more stringent requirements than USDOT/PHMSA for placarding or other regulations for HazMat transportation.
CHP can, however, be more strict in its state regulations for the licensing of commercial motor vehicles (these are the regulations of USDOT/FMCSA). Therefore, CHP can require a HMTL in circumstances where neither the CDL nor the HazMat Endorsement are required.
Note: This quantity of HazMat (500 lb) may require the display of placards per USDOT/PHMSA if in a bulk packaging (e.g., IBC) or a Table 1 HazMat (49 CFR 172.504(e)).
I hope this helps. Please contact me with any other questions.
I am inquiring in regards to the labelling using UN3481. We have a product that requires the UN3481 but also instructed us to use the attached label “Cargo Aircraft Only”. It is my understanding that this label is only for UN3090 & UN3091.. This is a charger for phones, attached is the MSDS sheet. Can you possibly let me know if we are to use the Cargo Aircraft only? Our plan is to ship via USPS, FedEx and/or UPS.
Can you possibly provide some insight on this?
Again question is do we need to apply the Cargo Aircraft Only sticker, or can we just apply the UN3481
Note: The attached safety data sheet (SDS) indicated the Watt-hour rating is 11.55 Wh. A battery with this Wh rating is eligible for an exception from full regulation for “small” lithium batteries at 49 CFR 173.185(c).
My reply:
I can assist you. It is possible the CAO label is required depending on how the battery is classified and packed. Please confirm or correct the following:
Is this for a UN3481, Lithium ion battery contained in equipment or UN3481, Lithium ion battery packed with equipment?
What is the mode of transport: Highway, rail, vessel, or air?
What is the Watt hour (Wh) rating for the battery?
What is the net quantity of lithium battery in each package?
How many lithium batteries will be in each package?
With the above information I will be better able to answer your question.
Note: Answers to some of the questions I asked may not be necessary. However, when classifying lithium cells or batteries for transportation I have found it better to have too much information than too little.
So this is a power bank. Method of transportation: USPS-priority/first class, or UPS/FedEx Ground.. I didn’t think we could ship air?
It can be from 1 to 4 power banks. Varies on the purchase.
Note: Their answer, “So this is a power bank.” led me to believe that the correct classification was not UN3481, Lithium ion battery contained in equipment or UN3481, Lithium ion battery packed with equipment. Instead, I now suspect the correct classification is UN3480, Lithium ion battery, which is a lithium ion battery packed alone. I needed to clarify this before I could proceed to answer their question.
Daniels Training Services:
Please clarify my understanding, which of the following classifications applies to this battery:
UN3481, Lithium ion battery contained in equipment
UN3481, Lithium ion battery packed with equipment
Or…
UN3480, Lithium ion battery (lithium ion battery packed alone).
Questioner:
Yes it is packed alone.. i agree it should be un3480 but we are being told it is un3481 which is what we don’t understand.
Daniels Training Services:
With that clarification I was now able to provide them with the information they required.
Please see below for a summary of the regulatory requirements based on the available information. I am providing information solely for transport by ground within the U.S. subject to USDOT/PHMSA regulations for commercial carriers (FedEx, UPS). I am not considering transport by USPS. (I find their regulations confusing and many postal personnel do not know them properly resulting in confused shipping).
These batteries may be transported by air anywhere in the world subject to the regulations of the International Air Transport Association (IATA). I am familiar with the IATA Dangerous Goods Regulations but they are not considered here. Learn more about ICAO & IATA.
Classification per USDOT/PHMSA: UN3480, Lithium ion battery, 9
Shipper must comply with the general packing requirements at 49 CFR 173.185(a) and (b).
Based on the Wh rating (11.55 Wh) it is eligible for the packaging exception at 49 CFR 173.185(c).
The package must display the lithium battery mark. The mark must display the ID # “UN3480” in characters at least 12 mm high and an information phone number.
The package must also display some form of hazard communication indicating it is forbidden as cargo on passenger aircraft. Options for this hazard communication are limited to one of the following:
“LITHIUM ION BATTERIES – FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT”
Or…
Display the “CARGO AIRCRAFT ONLY” label.
It seems strange, but even when transportation is entirely by ground, one of the above hazard communication methods must be displayed on the package if it is a lithium cell or battery (packed alone) and is transported subject to the “small” lithium battery exception at §173.185(c).
It seems stranger, but if this lithium cell or battery was not transported subject to the “small” lithium battery exception at §173.185(c) and instead was transported as a fully-regulated lithium cell or battery, then hazard communication indicating it is forbidden for transport as cargo on passenger aircraft is only required if transport is by aircraft.
Package must not exceed gross weight of 30 kg (66 lb).
There are additional packing requirements at §173.185(c)(2).
I hope this helps.
I can provide further assistance under my consulting services or I can provide HazMat Employee training.
Please contact me with any other questions.
They had one more question:
One more question, so if it is determined that it is a UN3480 Powerbank based on the watts/hr it would it require the CAO label going ground fedex or UPS?
My reply:
Not exactly.
A lithium cell or battery, packed alone classified as UN3480, Lithium ion battery, 9, and eligible for the “small” lithium battery exception at §173.185(c) must display some form of hazard communication indicating it is forbidden as cargo on a passenger aircraft. Hazard communication options are limited to one of the following:
“LITHIUM ION BATTERIES – FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT”
Or…
Display the “CARGO AIRCRAFT ONLY” label.
Interested in site specific training at your site that covers this topic, and more?
The regulations for the transportation of lithium cells or batteries are complex and seem to become more stringent every year. Of special concern to the regulatory agencies is ensuring lithium cells or batteries of any size packed alone are kept from the cargo hold of passenger aircraft. This is the reason why the requirements for hazard communication that indicate a lithium cell or battery is forbidden for transport aboard passenger aircraft are so strict. Sometimes – as in this case – the requirement to indicate a consignment is forbidden as cargo on passenger aircraft applies even when transportation is by ground.
A question about the classification of a waste as a non-hazardous industrial solid waste in Texas on Mar 8, 2022, 12:09 PM:
Daniel,
Thank you for the assistance on the UW issues I asked about in February of this year. Can you provide me with your comments on the following for waste classification in Texas for Class II classification?
We have a pretreatment system that we use to pre-clean metal parts prior to powder coating process and the tanks (1-6) go through a Quarterly PM (pressure washing process of all tanks internal walls and floor after first being emptied into a holding tank with pH adjusted per local city discharge and discharged directly into city drain).
The rinse water from this cleaning process from inside the tanks is vacuumed and removed with any sludge found on the bottom which might be in the rinse water if any. We are using Class 1 classification and I think it should be Class 2 and all lab tests on this rinse water have no elevated parameters to ever be classified as hazardous. On top of that all the tanks are emptied prior to any rinsing because the tanks are now emptied into the holding tank for final discharge into city wastewater drain.
I also wonder if this “waste water” could be excluded from any RCRA regulations and regulated instead by the Clean Water Act.
Class 1 non-hazardous industrial solid waste in Texas includes the following classifications:
Empty containers with a capacity of more than 5 gallons.
Friable asbestos.
Polychlorinated biphenyls (PCBs).
Petroleum substance waste
New chemical substance
Out-of-state origin
Ignitable liquid and solid
Corrosive solid or semi-solid
Reactive cyanides
Toxic
Absence of data/knowledge to classify as Class 2 or 3.
Of the above classification options, it appears to me the waste would only be a Class 1 non-hazardous industrial solid waste if it meets the criteria for a toxic waste in the Texas Administrative Code (TAC) at 335.505(1). If it does, it is a Class 1 waste. If not, then it isn’t Class 1.
Of course, you have the option to self-classify it as a Class 1 waste as long as you are able to prove it is not a hazardous waste.
Class 2 non-hazardous industrial solid waste in Texas includes the following:
Plant trash
Supplemental plant production refuse.
Empty containers with a capacity of 5 gallons or less.
Out-of-state origin and TCEQ approves as Class 2.
Of the above, this waste can only be Class 2 as a supplemental plant production refuse per 335.508(3)(B).
The waste water could be managed under the Clean Water Act (CWA) and be exempt from all hazardous waste regulations (USEPA & TCEQ) if its discharge is covered under a Federal permit with USEPA or with your publicly operated treatment works (POTW).
I hope this information is of some assistance. Please contact me with any other questions.
His reply:
Your assistance has been greatly appreciated and thank you for your e-mail. Have a great day.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
The contingency plan is just one very important part of the many responsibilities of the large quantity generator of hazardous waste (LQG) subject to the regulations of 40 CFR 262, Subpart M for Preparedness, Prevention, and Emergency Procedures.
Not sure of your hazardous waste generator category?
The regulations in §262.263 define five situations where a LQG must review and, if necessary, update its contingency plan:
When applicable regulations are revised and require a change. Significant changes were made to these regulations by the Generator Improvements Rule.
When a plan fails in an emergency.
When a generator facility changes (i.e., design, construction, operation, maintenance, or other circumstances) in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or constituents, or changes the necessary response in an emergency.
We have a customer who wants to ship empty containers to a container cleaning center. The totes and drums are empty and have been rinsed. Those containers had hazmat materials, can they cover up the labels and ship them ?
Regards,
Answer (03.17.21):
Thank you for contacting me. Please see below.
There are two options for the transport of these packagings in compliance with the Hazardous Materials Regulations (HMR) of USDOT/PHMSA:
Option 1: No Hazard
The transportation of a packaging is not subject to the HMR under the following conditions:
It is unused.
It has been cleaned of residue and purged of vapor to remove any potential hazard.
It has been refilled with non-HazMat so no hazard remains.
Under any of the above conditions the packaging is excepted from the HMR and may be transported as non-HazMat if the following is done:
All hazard communication (labels, marks, etc.) indicating the packaging contains a hazardous material are removed, obliterated, or securely covered.
Or…
The packaging is not visible during its transportation and it is loaded by the shipper and unloaded by the receiver or shipper.
If any HazMat residue remains the packagings may still be transported under the empty packaging exception. Compliance with the empty packaging exception requires the following:
It is a non-bulk packaging with a maximum capacity of no more than 450 L (119 gal).
It meets the USEPA criteria for RCRA empty with no more than 2.5 cm (1 in) of residue.
It is a HazMat found in Placard Table 2 at 49 CFR 172.504(e).
Transportation is by a private or contract motor carrier. Transportation by a common carrier is not eligible for the full empty packaging exception.
If the consignment is eligible for the full empty packaging exception, compliance requires the following:
It is not required to display placards on the vehicle.
It is not required for the shipper to prepare a shipping paper.
Package marks and labels are required to be displayed on the packaging the same as if it is full.
Have a project I am running from Mahwah, NJ to Philadelphia, PA.
It was my understanding that if the total weight of the hazardous material was under 1,000lbs then it did not require a hazmat certified driver. These batteries inside of these snowblowers weigh about 8lbs and the total weight on the full truck loads is 448lbs.
What are your thoughts? Do you think we will need a hazmat driver or could we technically use a normal driver?
The requirement to have a driver with a HazMat endorsement on their CDL is based on one criteria: Is the vehicle operated by the driver required to display placards? If yes, then the HazMat endorsement is required. If no, then HazMat endorsement is not required.
For most HazMat, if the aggregate gross weight of the consignment is 454 kg (1,001 lb) or less it does not require the display of placards unless in a bulk packaging or a Table 1 HazMat.
Therefore, no matter the weight of lithium batteries, placards are not required to be displayed on the vehicle. Therefore, a HazMat endorsement is not required on the CDL.
This consignment may be transported by a driver that does not have the HazMat endorsement on their CDL.
I enjoy reading your articles, find them concise and easy to interpret. I was reading your piece on the government employee exemption, and wanted to get your opinion on something. Since the word “commerce” seems to be an operative word here, would you consider the transportation of hazmat by a non-government company on public roads from one university building to another “in commerce”? The materials are not being sold, but rather just moved to a new building so the old one can be renovated. I assume that since we would be giving money to the vendor to transport the hazmat, even if it is just ½ mile up the road, that this would be considered in commerce, but just wanted to check with someone else. I know we could transport them with our university vehicles without complying, but we just don’t have the manpower right now. I appreciate your input on this, thanks again,
Kind Regards,
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
International and Domestic
My answer:
Thank you for contacting me. Please see below.
The transport of HazMat by a private company for a government agency is considered to be “in commerce” and therefore subject to all USDOT regulations.
You are correct that a you may transport some HazMat yourself as a private motor carrier for a non-transportation related business under the Materials of Trade Exception.
That seems to answer your question.
Please let me know if you have any other questions.
After a pause of almost three months, he provided an update on March 02, 2021:
And just an update as far as this goes. I spoke with USDOT/PHMSA about this some, and what I understand is acceptable, which we plan on doing, is having our local university police temporarily block off access to the public road that the vendor would use to transport chemicals from one building to the next to get around DOT regs. It is about ¼ a mile, so not far at all. The difference in price for packing to DOT vs. just using best management practices is huge. We decided to contract this out rather than use our university vehicles to transport, which we could obviously do without DOT if we wanted. All happening in September or October, and can let you know how it all goes down. Take care,
Correct, per 49 CFR 171.1(d)(4) movement by motor vehicle is not subject to the HazMat Regulations if access to the public road is restricted by signals, lights, gates, or similar controls.
The conditions of the empty packaging exception at 49 CFR 173.29 include the terms “contract or private carrier”. Despite the importance of these terms to this exception and their use elsewhere in the Hazardous Materials Regulations (HMR) of USDOT/PHMSA, nowhere does the HMR define a contract carrier or private carrier. Fortunately, I explain these terms for you in these articles:
Even stranger, a third type of carrier: a common carrier, is not documented in the empty packaging exception at all even though understanding its characteristics is necessary for a full understanding of the exception. In fact, nowhere in the HMR does USDOT/PHMSA define a common carrier.
To find some answer we may turn to the regulations for commercial motor vehicles administered by the Federal Motor Carrier Safety Administration within the USDOT. (The FMCSA is one of 13 administrations and bureaus – along with PHMSA – within the USDOT). Unfortunately, since 2007, the FMCSA no longer distinguishes between common and contract carriers. Read about it on the FMCSA website.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Well, we know a common carrier is not a private carrier. A private carrier is not-for-hire and transports its own HazMat.
We also know a common carrier is not a contract carrier. A contract carrier operates under continuing contracts with one or a limited number of persons to provide transportation services for compensation.
A common carrier:
“Common carriers provide for-hire truck transportation to the general public.” USDOT website
“A common carrier is a person or a commercial enterprise that transports passengers or goods for a fee and establishes that their service is open to the general public.” Legal Information Institute
And…
“A common carrier provides services to any and all companies between predetermined points on a scheduled basis. The U.S. Postal Service is a common carrier, as are FedEx and the Amtrak railway system.” Encyclopedia Britannica
So, to sum up: a common carrier provides transportation services for compensation to just about anybody who needs it.
