Chapter 5.4 of the International Maritime Dangerous Goods Code (2012 Edition) indicates the requirements of the International Maritime Organization (IMO) for the description of a dangerous good on a shipping paper (referred to in the IMDG Code as a dangerous goods transport document) to be offered for transportation by vessel in international waters.  The purpose of this article is to summarize the general requirements for a Shipper preparing a dangerous goods transport document. (more…)

Hazardous materials are a common fixture in our modern lives and an essential ingredient in many of things we take for granted; like drinking carbonated soda from the fountain at our favorite restaurants.  Well, the HazMat has to get to the restaurant somehow and that’s where its transportation in commerce becomes necessary.  Now, we all want the transportation of hazardous materials on our highways and in our neighborhoods to be safe, so that’s why we have the Hazardous Material Regulations of the PHMSA/USDOT.  One way the HMR ensures the safe transportation of hazardous materials in commerce is by requiring the use of the four hazard communication methods:

1. HazMat Labels
2. Markings
3. Shipping Papers
4. Placards

In this article I’ll take an example of HazMat transportation selected right from daily life and use the hazard communication methods (those I have available to me) to discern just what the HazMat is and what its potential hazards are. (more…)

Some interesting facts about the Ethanol industry from a brochure distributed by Growth Energy

Economic Impact:

• In 2013, the ethanol industry created and supported nearly 400,000 jobs.  Moving to E15 would create an additional 136,000 jobs.
• A recent Louisiana State University study found ethanol reduces gas prices $.78/gallon – a consumer savings of more than $100 billion annually.
• In 2013, the ethanol industry contributed $44 Billion to the nation’s GDP and added $31 billion to household income.
• By creating a steady market for corn and other grains, ethanol helps to reduce federal farm program costs.

Environmental Impact:

• In 2013, the production and use of more than 13 billion gallons of ethanol in the U.S. reduced greenhouse gas emissions by 38 million metric tons, the equivalent of removing roughly 8 million automobiles from the road.
• Grain ethanol decreases greenhouse gas emissions by up to 57% compared to gasoline.
• Cellulosic ethanol is expected to reduce greenhouse gas emissions by 100% or more.  Furthermore, the U.S. is home to more than one billion tons of available biomass that can be converted to 80-100 billion gallons of ethanol.  This is a 50-state solution.
• New technologies are improving efficiencies and allowing ethanol biorefineries to make better use of natural resources like water.
• A recent USDA report shows ethanol is more energy efficient to produce than conventional gasoline.  Every Btu put into creating ethanol is a 2.3 Btu return.

Energy Security:

• Every gallon of clean-burning ethanol that we produce in this country decreases the demand for foreign oil and keeps our money here at home where it can create American jobs.
• The production of more than 13 billion gallons of ethanol in 2013 displaced the need for 476 million barrels of oil.
• When the RFS was enacted in 2005, America imported 60% of its fuel.  Today, we import 33%.  Switching to domestic energy sources has helped reduce our dependence, strengthening our national security and our economy.
  

  RFS The Renewable Fuel Standard (RFS) is a USA federal program that requires transportation fuel sold in the U.S. to contain a minimum volume of renewable fuels. The RFS originated with the Energy Policy Act of 2005 and was expanded and extended by the Energy Independence and Security Act of 2007 (EISA). Renewable Fuel Standard – Wikipedia, the free encyclopedia en.wikipedia.org/wiki/Renewable_Fuel_Standard Wikipedia

• We spend more than $300 billion a year – nearly $1,000 for every man, woman, and child in this country – on foreign oil.

Food and Fuel:

• A 2013 World Bank study outlines how crude oil prices are responsible for 50% of the increase in food prices since 2004.
• The real costs of putting food on the shelf are transportation, processing, and packaging – all costs driven by oil.
• The U.S. ethanol industry uses less than 3% of the global grain supply on a net basis.
• One-third of every bushel of corn used in ethanol production is returned to the food chain in the form of competitively-priced, nutritious animal feed – referred to as distiller’s grains.
• Since only the starch is used and distiller’s grains displace both corn and soybean meal, in reality only 17.5% of the net corn acres are used for renewable fuels.  Academic, government, and third party research papers single out rampant Wall Street speculators, high oil prices, and the high costs of manufacturing, packaging and transporting groceries as the major drivers of increasing commodity prices and grocery store bills.

What does this have to do with the transportation of hazardous materials?  Lots. The ethanol industry is widely distributed throughout the U.S. – with the largest concentration in the Midwest – and promises to become more so as cellulosic ethanol production creates more potential feed-stocks for the the production of fuel-grade ethanol.  All that production in the Midwest with the demand predominantly on the coasts means that a lot of hazardous materials:  Ethanol and Ethanol and fuel mixtures; must be transported from their supply to the demand. Whether it’s by highway in a cargo tank motor vehicle, by rail in a tank car, or by vessel in a portable tank, the transportation in commerce of a hazardous material like ethanol requires compliance with the regulations of the Pipeline and Hazardous Materials Safety Administration (PHMSA). I’ve already had an opportunity to provide HazMat Employee training for the personnel of a few ethanol plants, and biodiesel plants as well.  Contact me to provide HazMat Employee training for your employees involved in the transportation of hazardous materials.

The Comprehensive Environmental Response, Compensation and Liability Act, aka: Superfund or CERCLA, accomplished the following:

• Provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment.
• Enabled revision of the National Contingency Plan, which provides the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants.
• Directed the USEPA to establish reporting quantities for all hazardous substances.

The term “hazardous substance” is defined in CERCLA Section 101(14) and are listed at 40 CFR 302.4.  The hazardous substance list does not contain any previously unlisted substances, instead it includes substances that are listed or designated under other environmental statutes.  They include:

• All hazardous air pollutants (HAPs) listed under Section 112(b) of the Clean Air Act (CAA).  Radionuclides are hazardous substances because EPA designated them generically as hazardous air pollutants under Section 112(b) of the Clean Air Act.
  • Even though the source of their listing is the Clean Air Act, releases of radionuclides to all media, not just to air, are covered by CERCLA’s reporting requirements.
• Toxic pollutants that are subject to pretreatment standards under Section 307(a) of the Clean Water Act (CWA) and toxic pollutants that present an imminent danger to public health when discharged to waters of the United States as designated under Section 311(b)(2)(A) of the Clean Water Act.
  • All Clean Water Act hazardous substances are CERCLA hazardous substances, but only some CERCLA hazardous substances are Clean Water Act hazardous substances.
• Wastes that are regulated as listed and/or characteristic hazardous wastes under the Resource Conservation and Recovery Act (RCRA).  This includes thousands of hazardous wastes that are not specifically listed but that exhibit one or more of the characteristics of ignitability, reactivity, corrosivity or toxicity.  A material is considered to be a release of a CERCLA hazardous substance if the material was a waste prior to release, or if the substance is not cleaned up for reuse and thus must be disposed of as a RCRA hazardous waste after release.
• Any element, compound, mixture solution or substance designated under Section 102 of CERCLA that may present substantial danger to public health or welfare or the environment.
• Any imminently hazardous chemical substance or mixture that EPA has taken action against under Section 7 of the Toxic Substances Control Act (TSCA).  Any hazardous chemical substance or mixture that EPA has taken action against under this Act would automatically become a hazardous substance.  To date, EPA hasn’t designated any hazardous substances under the Toxic Substances Control Act.

What’s interesting is that under the Hazardous Material Regulations, PHMSA/USDOT has its definition of a Hazardous Substance (read:  The PHMSA Definition of a Hazardous Substance).  The PHMSA definition refers to the Hazardous Substance list maintained by the USEPA at 40 CFR 302.4 (see above).

As a state with an authorized hazardous waste program, Colorado had the ability to make its state regulations more stringent and more broad than those of the USEPA; and it has.  The Colorado hazardous waste regulations enforced by the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment (CDPHE) are more strict than those of the USEPA.

For the regulations pertaining to hazardous waste management in Colorado, one must refer to 6 CCR 1007-3 of the Colorado Code of Regulations.  However, many responsibilities of a hazardous waste generator are not found in the regulations but in the guidance and compliance documents of a regulatory agency; and the training requirement for a Conditionally Exempt Small Quantity Generator of hazardous waste in Colorado are a good example of this. (more…)

The transportation of various fluid-filled batteries containing either an acid electrolyte or an alkaline corrosive battery fluid will require the use of one of the following proper shipping names from the Hazardous Materials Table at 49 CFR 172.101:

The first thing this tells us is that Wet Batteries, either filled with acid, filled with alkali, or non-spillable are a hazardous material when transported or offered for transportation in commerce. The purpose of this article is to identify and explain the packaging requirements of 49 CFR 173.159 for the transportation of Wet Batteries with a special emphasis on the exception from full compliance with the Hazardous Material Regulations (HMR) that’s available at §173.159(e). (more…)

Announcements from regulatory agencies of the US Government in the Federal Register can have a profound impact on your business.  Therefore it’s important for you to continuously monitor Federal Register publications for announcements applicable to your operations.  I can help you to do this.

Sometimes an announcement in the Federal Register calls for a more thorough explanation than just what is conveyed by the headline.  That is the point of this article.  Here I will briefly summarize, and provide access to more information, on a specific Federal Register announcement:  Safety Advisory: Packaging and Handling Ebola Virus Contaminated Infectious Waste for Transportation to Disposal Sites

What agency is making the announcement?

The Pipeline and Hazardous Materials Safety Administration (PHMSA), one of many administrations within the US Department of Transportation.

When was this announced in the Federal Register?

Thursday, October 30, 2014

Any other dates I need to know?

No

What type of action is this?

Safety Advisory Notice

What regulations may be impacted?

The entire HMR.

How is the announcement identified?

Safety Advisory: Packaging and Handling Ebola Virus Contaminated Infectious Waste for Transportation to Disposal Sites Pages 64646 – 64647 [FR DOC # 2014-25778]

I don’t have all day.  Can you sum it up for me and I’ll determine if I need to read the whole thing?

It’s a short announcement, a total of three columns on two pages of the Federal Register.  For the most part, it states the obvious:  “Material contaminated or suspected of being contaminated with Ebola is regulated as a Category A infectious substance under the HMR” and must be packaged accordingly.  And, “Ebola contaminated materials that have been appropriately incinerated, autoclaved, or otherwise inactivated are not considered Category A infectious substance and are not subject to the requirements of the HMR.”

It refers to the Government Employee Exemption of the HMR, which means that the transportation of Ebola-contaminated materials  for disposal in a motor vehicle, aircraft, or vessel operated by a Federal, state, or local government employee is not subject to the HMR.  However, PHMSA recommends compliance with appropriate safety requirements in the HMR when government employees transport Ebola-contaminated materials for disposal.

A special permit may be necessary to provide for a variance from the HMR packaging requirements in order to transport the large volume of contaminated wastes generated during treatment of Ebola patients.  One special permit in particular is mentioned: Special Permit DOT-SP 16279.  It is a non-site specific special permit issued to certain waste haulers authorizing the transportation for disposal of Ebola-contaminated waste.  A waste hauler not yet authorized to use Special Permit DOT-SP 16279 may apply for party status.

What I believe is the greatest contribution of this PHMSA Safety Advisory is the sources of additional information it provides:

• PHMSA Guidance on Transporting Infectious Substances
• Centers for Disease Control and Prevention (CDC) guidance on how to handle infectious substances before transporting them
• DOT Guidance for Preparing Packages of Ebola 

  Contaminated Waste for Transportation and Disposal.  Provides guidance for preparing packages containing Ebola-contaminated waste for transportation to off-site treatment and disposal.

• DOT Guidance for Transporting Ebola-Contaminated Items, a Category A Infectious Substance.

  Provides common FAQs regarding the

  HMR requirements for Category A infectious substances.

• Transporting Infectious Substances Safely.  Brochure  that explains the HMR for transporting infectious substance.
• Special Permit DOT-SP 16279 provides certain carriers with alternative authorized packaging options for transporting waste contaminated or suspected of being contaminated with the Ebola virus
  for treatment and disposal.
• All Centers for Disease Control and Prevention guidance regarding the Ebola virus.

Where can I look for more information?

PDF | Text | More

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA), Federal Railroad Administration (FRA), Federal Motor Carrier Safety Administration (FMCSA), and the Federal Aviation Administration (FAA) of the US DOT on the subject of Transportation of Hazardous Materials.

The Federal Register is a great way to look down the road and see potential changes to the regulations long before they are put into effect (sometimes The Rulemaking Process takes years before a final rule is issued, if ever).  Knowledge of these potential changes provides you with several advantages:

• Additional time to modify your business operations to comply.
• Awareness of on what topics the regulatory agencies intend to focus their efforts.
• The ability to register your concerns, complaints, suggestions, etc. in order to modify the proposed rule before a final rule is issued.  It can be done, really!
• Make changes to your training program to account for changes that become effective before the next training cycle.
• Alert you to the need to re-train your employees prior to their next scheduled training cycle, if necessary.
• Keep you abreast of changes to the regulations that affect your business and/or your industry group.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

 October 1, 2014 through October 31, 2014

USEPA – US Environmental Protection Agency:

Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.

Rules and Regulations:

Arkansas: Final Authorization of State-Initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program Pages 59438 – 59444 [FR DOC # 2014-23364] PDF | Text | More

Florida: Final Authorization of State Hazardous Waste Management Program Revisions Pages 60756 – 60759 [FR DOC # 2014-24006] PDF | Text | More

Criteria for the Certification and Recertification of the Waste Isolation Pilot Plant’s Compliance With the Disposal Regulations; Panel Closure Redesign Pages 60750 – 60756 [FR DOC # 2014-24025] PDF | Text | More

Arkansas: Final Authorization of State Hazardous Waste Management Program Revision Pages 64678 – 64682 [FR DOC # 2014-25724]        PDF | Text | More

Proposed Rules:

Arkansas: Final Authorization of State-Initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program Pages 59471 – 59472 [FR DOC # 2014-23363] PDF | Text | More

Florida: Final Authorization of State Hazardous Waste Management Program Revisions Pages 60795 – 60796 [FR DOC # 2014-24007]       PDF | Text | More

Review Process To Determine Whether the Waste Isolation Pilot Plant Continues To Comply With the Disposal Regulations and Compliance Criteria Pages 61268 – 61271 [FR DOC # 2014-24260] PDF | Text | More

Arkansas: Final Authorization of State Hazardous Waste Management Program Revisions Pages 64721 – 64722 [FR DOC # 2014-25725] PDF | Text | More

Notices:

None

FAA – Federal Aviation Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FMCSA – Federal Motor Carrier Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Hours of Service of Drivers: Application for Renewal of Illumination Fireworks, LLC and ACE Pyro LLC Exemptions From the 14-Hour Rule During Independence Day Celebrations Pages 61687 – 61688 [FR DOC # 2014-24287] PDF | Text | More

FRA – Federal Railroad Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Proposed Agency Information Collection Activities; Comment Request Pages 59891 – 59893 [FR DOC # 2014-23511] PDF | Text | More

Proposed Agency Information Collection Activities; Comment Request Pages 62513 – 62517 [FR DOC # 2014-24688] PDF | Text | More

Proposed Agency Information Collection Activities; Comment Request Pages 63017 – 63018 [FR DOC # 2014-24987] PDF | Text | More

PHMSA – Pipeline and Hazardous Materials Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

List of Delayed Special Permit Applications Pages 59360 – 59361 [FR DOC # 2014-23077] PDF | Text | More

Office of Hazardous Materials Safety; Notice of Application for Special Permits; Special Permit Applications Pages 59552 – 59552 [FR DOC # 2014-23476] PDF | Text | More

Office of Hazardous Materials Safety; Notice of actions on Special Permit Applications Pages 59552 – 59554 [FR DOC # 2014-23478] PDF | Text | More

Office of Hazardous Materials Safety; Notice of Application for Special Permits Pages 63485 – 63486 [FR DOC # 2014-25167] PDF | Text | More

Office of Hazardous Materials Safety; Notice of Applications for Modification of Special Permit Pages 63486 – 63486 [FR DOC # 2014-25166] PDF | Text | More

Safety Advisory: Packaging and Handling Ebola Virus Contaminated Infectious Waste for Transportation to Disposal Sites Pages 64646 – 64647 [FR DOC # 2014-25778] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Please contact for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department Of Transportation.

The Hazardous Waste Electronic Manifest Establishment Act (e-Manifest Act) was signed into law by President Obama on October 5, 2012.  It authorized the EPA to develop an electronic system for the tracking of hazardous waste manifests and create a system to collect fees to cover its operating costs.  The EPA was given one year to promulgate regulations to turn the Act into a reality and three years to have an e-Manifest system fully operational.  EPA announced a Final Rule in the February 7, 2014 Federal Register implementing the first portion of the e-Manifest Act.

The new rule, which created two new sections in Part 262 of Title 40 of the CFR (40 CFR 262.24 & 40 CFR 262.25) and modified others, is effective August 6, 2014.  That doesn’t mean you can start emailing your manifests now, however; EPA has until October of 2015 to have a fully operational e-Manifest Tracking System and indicates it will issue a separate Final Rule in 2015 implementing the complete system.

A full review of how the e-Manifest Tracking System will work will have to wait for a later article.  The purpose of this article is to explain the new regulations created in the CFR pertaining to the e-Manifest Tracking System. (more…)

If the classification of batteries you intend to offer for transportation leads you to this entry in the Hazardous Materials Table of 49 CFR 172.101:

Then, you may immediately notice the absence of any information in the Table other than the proper shipping name in column 2 and the Special Provision (130) in column 7.  The presence of the proper shipping name appearing in bold (Roman) print in column 2 indicates that PHMSA has identified it as a hazardous material; but we need to know more, and that leads us to the Special Provision in column 7.  According to 49 CFR 172.101(h):

(h) Column 7: Special provisions. Column 7 specifies codes for special provisions applicable to hazardous materials. When Column 7 refers to a special provision for a hazardous material, the meaning and requirements of that special provision are as set forth in §172.102 of this subpart.

So, to understand the meaning of Special Provision 130 you must refer to 49 CFR 172.102 where we find:

130 “Batteries, dry, sealed, n.o.s.,” commonly referred to as dry batteries, are hermetically sealed and generally utilize metals (other than lead) and/or carbon as electrodes. These batteries are typically used for portable power applications. The rechargeable (and some non-rechargeable) types have gelled alkaline electrolytes (rather than acidic) making it difficult for them to generate hydrogen or oxygen when overcharged and therefore, differentiating them from non-spillable batteries. Dry batteries specifically covered by another entry in the §172.101 Table must be transported in accordance with the requirements applicable to that entry. For example, nickel-metal hydride batteries transported by vessel in certain quantities are covered by another entry (see Batteries, nickel-metal hydride, UN3496). Dry batteries not specifically covered by another entry in the §172.101 Table are covered by this entry (i.e., Batteries, dry, sealed, n.o.s.) and are not subject to requirements of this subchapter except for the following:

(a) Incident reporting. For transportation by aircraft, a telephone report in accordance with §171.15(a) is required if a fire, violent rupture, explosion or dangerous evolution of heat (i.e., an amount of heat sufficient to be dangerous to packaging or personal safety to include charring of packaging, melting of packaging, scorching of packaging, or other evidence) occurs as a direct result of a dry battery. For all modes of transportation, a written report submitted, retained, and updated in accordance with §171.16 is required if a fire, violent rupture, explosion or dangerous evolution of heat occurs as a direct result of a dry battery or battery-powered device.

(b) Preparation for transport. Batteries and battery-powered device(s) containing batteries must be prepared and packaged for transport in a manner to prevent:

(1) A dangerous evolution of heat;

(2) Short circuits, including but not limited to the following methods:

(i) Packaging each battery or each battery-powered device when practicable, in fully enclosed inner packagings made of non-conductive material;

(ii) Separating or packaging batteries in a manner to prevent contact with other batteries, devices or conductive materials (e.g., metal) in the packagings; or

(iii) Ensuring exposed terminals or connectors are protected with non-conductive caps, non-conductive tape, or by other appropriate means; and

(3) Damage to terminals. If not impact resistant, the outer packaging should not be used as the sole means of protecting the battery terminals from damage or short circuiting. Batteries must be securely cushioned and packed to prevent shifting which could loosen terminal caps or reorient the terminals to produce short circuits. Batteries contained in devices must be securely installed. Terminal protection methods include but are not limited to the following:

(i) Securely attaching covers of sufficient strength to protect the terminals;

(ii) Packaging the battery in a rigid plastic packaging; or

(iii) Constructing the battery with terminals that are recessed or otherwise protected so that the terminals will not be subjected to damage if the package is dropped.

(c) Additional air transport requirements. For a battery whose voltage (electrical potential) exceeds 9 volts—

(1) When contained in a device, the device must be packaged in a manner that prevents unintentional activation or must have an independent means of preventing unintentional activation (e.g., packaging restricts access to activation switch, switch caps or locks, recessed switches, trigger locks, temperature sensitive circuit breakers, etc.); and

(2) An indication of compliance with this special provision must be provided by marking each package with the words “not restricted” or by including the words “not restricted” on a transport document such as an air waybill accompanying the shipment.

(d) Used or spent battery exception. 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. Note that batteries utilizing different chemistries (i.e., those battery chemistries specifically covered by another entry in the §172.101 Table) as well as dry batteries with a marked rating greater than 9-volt may not be combined with used or spent batteries in the same package. Note also that this exception does not apply to batteries that have been reconditioned for reuse.

That’s a lot, and I don’t intend to go through all of it word-for-word; what I will do is break Special Provision 130 down into four basic sections and then summarize the requirements of each section.  The content of Special Provision 130 can be broken down into these four sections:  Description, Applicability, Requirements, and Exception for Used or Spent Batteries.

Description

“Batteries, dry, sealed, n.o.s. (aka:  dry batteries) are:

• Hermetically sealed.
• Generally utilize metals (not lead) and/or carbon as electrodes.
• Typically used for portable power applications.
• Rechargeable and non-rechargeable.
• (Mostly) manufactured with gelled alkaline electrolytes (rather than acidic).
• Differentiated from non-spillable batteries in that they are unlikely to generate Hydrogen or Oxygen when overcharged.

Applicability

• Dry batteries that are specifically covered by another entry in the Hazardous Materials Table (eg. nickel-metal hydride batteries transported by vessel in certain quantities) must be transported in in compliance with the requirements of that entry.
• Dry batteries not specifically covered by another entry in the Table are covered by this entry.
• Special Provision 130 is applicable only to the proper shipping name of Batteries, dry, sealed, n.o.s. and does not appear anywhere else in the Hazardous Materials Table.

Requirements

Dry batteries covered by this entry are not subject to any of the Hazardous Materials Regulations of PHMSA when transported in commerce except for the following:

• HazMat Incident reporting pursuant to 49 CFR 171.15 is required for dry batteries transported by air.
• HazMat Incident reporting pursuant to 49 CFR 171.16 is required for all modes of transportation (air, vessel, highway, or rail) of dry batteries.
• Batteries and battery-powered devices containing batteries must be prepared and packaged for transport in a manner to prevent a dangerous evolution of heat, a short circuit (packaging and separation methods are indicated), and damage to battery terminals (methods to protect terminals are indicated).
• There are additional requirements for the transportation by air of batteries whose voltage exceed 9 volts.

Exception for Used or Spent Batteries

Used or spent dry batteries meeting the following conditions are not subject to this Special Provision or to any of the Hazardous Material Regulations of PHMSA when transported in commerce:

• Must be used or spent.
• May be rechargeable or non-rechargeable design.
• Marked rating may not exceed 9 volts.
• May be combined in the same package without inner packaging or other separation within the package.
• Must be transported by highway or rail; not by vessel or air.
• Purpose of transportation must be for recycling, reconditioning, or disposal.
• Dry batteries subject to a different entry in the Hazardous Materials Table may not be transported in the same package as dry batteries subject to this exception.
• Dry batteries with a marked rating of greater than 9-volt may not be transported in the same package as dry batteries subject to this exception.
• This exception does not apply to batteries that have been reconditioned for reuse.

Question:  Does Special Provision 130 apply to the transportation of spent alkaline dry cell batteries?

Answer:  Yes.  LOI 09-0090.

While the transportation of batteries, particularly lithium batteries, can be complicated and restrictive; the transportation of certain dry batteries (eg. spent alkaline dry cell batteries with a marked rating of no more than 9-volt) can be quite simple if you are familiar with the HMR and know how to apply the exceptions it provides.

My training for personnel involved in the transportation of hazardous materials or dangerous goods, by all modes, both international and domestic, will provide this understanding and ensure compliance with the training requirements of the Pipeline and Hazardous Materials Safety Administration of the USDOT, the International Air Transport Association, and the International Maritime Organization.