lithium batteries

Q&A: What hazard communication is required when transporting lithium batteries by highway?

Q&A: What hazard communication is required when transporting lithium batteries by highway?

Question (March 07, 2018):

Good day sir!

I am hauling 43,000 lbs of lithium ions UN3480 from NC to CA as truck driver. Are placards and proper shipping papers with emergency numbers required?

Thank you in advance.Lithium battery with laptop computer

Lily M.

My reply that same day:

I can answer your question but I will need more information.

  • Are the batteries being shipped for recycling or disposal?
  • Are the batteries contained in equipment?  Packed with (but not in) equipment? Or, are they packed alone?
  • What is the Watt-hour rating for the batteries?  If you do not know this, can you describe the batteries?  Are they small round (button cell) batteries?  If you do not know this, can you tell me what the batteries are meant to power: a mobile phone, lap top computer, something else?
  • How are the batteries packaged?

His reply to my request for more information:

Q1: Are the batteries being shipped for recycling or disposal?

A1: I believe they are going recycling because we are coming from company called recycling

Q2: Are the batteries contained in equipment? Packed with (but not in) equipment? Or, are they packed alone?

A2: I am not sure of this question but they are in boxes.

Q3: What is the Watt-hour rating for the batteries? If you do not know this, can you describe the batteries?

A3: Description says nonferrous, lcd monitor

Q4: Are they small round (button cell) batteries? If you do not know this, can you tell me what the batteries are meant to power: a mobile phone, lap top computer, something else?

A4: Looks like it is for laptop or computer.

Q5: How are the batteries packaged?

A5: In boxes wrapped and secured low on ground.

Thks
Lily

I decided to answer his question the best I could based on the available information:

Thank you for providing that information.  I do not yet have all of the information I would like to have but I think I can make the following determination:

  • The shipment is excepted from most of the USDOT regulations if it meets the requirements of the packaging exception for lithium batteries sent for recycling or disposal.  Requirements of the exception include, but are not limited to, the following:

Please note: this exchange took place prior to a new rule issued by USDOT/PHMSA for the transport of lithium batteries on March 6, 2019.  As of that date this package must also display a package mark or label indicating the package is forbidden for transport by passenger aircraft. Read about the new rule here: New USDOT Regulations for the Transport of Lithium Batteries

  • If packaged as indicated above, the following is not required:
    • Other package labels or marks.
    • Placards on the truck.
    • HazMat shipping paper.
    • Emergency information.
    • HazMat Employee training for driver.
    • HazMat endorsement on CDL.

Please note:  The above is my best determination based on the information available.  More information may result in a different determination.

I hope this helps.  Please don’t hesitate to contact me with any other questions.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

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His reply:

Yes sir. The shipper said no need to have all the paperwork done as HM and placard. Our company said we do. So you can see why were unsure what to do.

We just got pulled into weigh station for inspection and DOT officer saw the BOL acknowledging that we were hauling batteries. I am happy to report that we passed the inspection and report was noted that we are not carrying HM load.

So thank you very much for your help as you have helped clarified some things.

Have a great day sir! Sincerely, Lily

Conclusion:

As you can see, the regulations for the transportation of lithium batteries is complicated – and changing all the time! The way you transported or offered for transport lithium batteries in 2018 is not compliant in 2019.  You can expect the regulations – domestic and international – to keep changing.

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A good way to stay on top of the changes is to subscribe to my monthly newsletter, schedule Onsite or Webinar training, and contact me with questions like Lily M did.

March 6, 2019: USDOT Changes Regulations for Transport of Lithium Batteries

March 6, 2019: USDOT Changes Regulations for Transport of Lithium Batteries

USDOT/PHMSA issued an interim final rule (IFR) on March 6, 2019; its purpose: to revise the Hazardous Materials Regulations (HMR) for lithium cells and batteries transported by aircraft.  In this revision the USDOT/PHMSA harmonizes its HMR with the international regulations.  This rule codifies the following:

  • Prohibits the transport of lithium ion cells and batteries when packed alone as cargo on passenger aircraft.
  • Requires lithium ion cells and batteries to be shipped at not more than a 30% state of charge aboard cargo-only aircraft if not packed with or in the equipment it is meant to power (i.e., packed alone).
  • Limits the use of the “small lithium cell or battery exception” for transport by aircraft at 49 CFR 173.185(c)(4) to one package per overpack or consignment.
  • Allows for a limited exception from the above restrictions on air transportation for lithium cells or batteries in medical devices.

The purpose of this article is to identify and explain this new USDOT/PHMSA regulation for the transport of lithium cells and batteries by air.

Note:

The impact of this new rule is not just limited to air transport. It affects the transport of lithium cells and batteries by other modes (highway, rail, vessel) as well.

(more…)

Training Requirements for Persons Involved in the Transportation of Lithium Batteries

Lithium ion battery for cell phoneIn case you haven’t heard, the transportation in commerce of lithium batteries of all types – and of almost all sizes – is subject to the regulations of several regulatory agencies depending on how it is to be transported.

  • Transportation to, from, or through the U.S. (including its overseas territories and states) is subject to the Hazardous Material Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the U.S. Department of Transportation (USDOT).
  • Transportation by air anywhere in the world (including to, from, or through the U.S.) will likely be subject to the Dangerous Goods Regulations of the International Air Transport Association (IATA).
  • Transportation by vessel in international waters (which may include U.S. territorial waters if so chosen by the shipper) will be subject to the International Maritime Dangerous Goods Code (IMDG Code) of the International Maritime Organization (IMO).
  • Even the United States Postal Service (USPS) has regulations for the transportation of lithium batteries.

There is not enough space here to document all of the requirements of all of these regulations for all of the possible modes of transportation.  In an earlier article I provided information to assist you with the process of the classification of a lithium battery for transportation; the information in that article pertained to all modes of transportation.  In this article I will explain just one small – though critical – requirement of the regulations for the transportation in commerce of lithium batteries by air:  The responsibility of the employer to provide training for persons involved in the transportation of lithium batteries.

(more…)

Classification of Lithium Batteries for Transportation in Commerce

Classification of Lithium Batteries for Transportation in Commerce

Persons involved in the transportation in commerce of lithium batteries are subject to the regulations of at least one – or perhaps all – of the following regulatory agencies:

  • The Pipeline and Hazardous Materials Safety Administration (PHMSA) within the U.S. Department of Transportation (USDOT) for any transportation from, through, or to the United States.
  • The International Air Transport Association (IATA) for any transportation by air – international or domestic – if the carrier airline is a member of IATA.
  • The International Maritime Organization (IMO) for international transportation by vessel.
Note:

Though the dangerous goods regulations of IATA are not authorized for use within the U.S. by USDOT/PHMSA, compliance with its regulations is acceptable since the IATA DGR are based on the Technical Instructions of the International Civil Aviation Administration (ICAO) – and are more strict in some cases.  The ICAO Technical Instructions are authorized for use within the U.S. by USDOT/PHMSA.

Each of these regulatory agencies have very similar regulations applicable to the transportation of lithium batteries.  They each, thankfully, also have very similar – but not the same – requirements for the classification of lithium batteries.  The classification of a lithium battery for transportation requires knowledge of four things:

  1. Is it a cell or battery?
  2. The type of lithium cell / battery.
  3. Its packaging configuration.
  4. The amount of lithium in the cell / battery.
  5. Net weight of cell / battery in the package.
  6. Number of cell / battery in the package.
  7. Number of cell / battery in the consignment.
  8. The condition of the cell / battery.
  9. The mode of transport.
  10. Applicable regulations.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

The purpose of this article is to identify and explain the process of classifying lithium batteries for transportation by both domestic and international regulations. (more…)

What’s New for HazMat Transportation & Hazardous Waste Regulations in October 2015?

What’s New for HazMat Transportation & Hazardous Waste Regulations in October 2015?

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 Motor Carrier Safety Administration (FMCSA), Federal Railroad Administration (FRA), and the Federal Aviation Administration (FAA) of the US DOT on the subject of Transportation of Hazardous Materials.

Disclaimer Time!:

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, 2015 through October 31, 2015

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.Logo for US Environmental Protection Agency

Rules and Regulations:

Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Direct Final Rule Pages 60052 – 60055 [FR DOC # 2015-24459] PDF | Text | More

Texas: Final Authorization of State Hazardous Waste Management Program Revision Pages 63691 – 63695 [FR DOC # 2015-26789] PDF | Text | More

Texas: Final Authorization of State Hazardous Waste Management Program Revisions Pages 63734 – 63734 [FR DOC # 2015-26783] PDF | Text | More

Proposed Rules:

Hazardous Waste Export-Import Revisions Pages 63283 – 63320 [FR DOC # 2015-25348] PDF | Text | More

Contact me with any questions you may have about the management of hazardous waste

Daniels Training Services

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Notices:

Agency Information Collection Activities; Proposed Collection; Comment Request; EPA Worker Protection Standards for Hazardous Waste Operations and Emergency Response (Renewal) Pages 60144 – 60145 [FR DOC # 2015-25323]   PDF | Text | More

Agency Information Collection Activities; Proposed Collection; Comment Request; General Hazardous Waste Facility Standards Pages 65999 – 65999 [FR DOC # 2015-27465] PDF | Text | More

 FAA – Federal Aviation Administration:Federal Aviation Administratino

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

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Twentieth Meeting: RTCA Special Committee (225) Rechargeable Lithium Battery and Battery Systems Pages 61562 – 61563 [FR DOC # 2015-26006] PDF | Text | More

FMCSA – Federal Motor Carrier Safety Administration:

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

Rules and Regulations:

The FMCSA sets the minimum standards for Commercial Driver's Licenses

The FMCSA sets the minimum standards for Commercial Driver’s Licenses

None

Proposed Rules:

Parts and Accessories Necessary for Safe Operation; Inspection, Repair, and Maintenance; General Amendments Pages 60592 – 60601 [FR DOC # 2015-24921] PDF | Text | More

Notices:

None

FRA – Federal Railroad Administration:

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

Federal Railroad AdministrationRules and Regulations:

None

Proposed Rules:

None

Notices:

Proposed Agency Information Collection Activities; Comment Request Pages 63272 – 63275 [FR DOC # 2015-26409] 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:

Hazardous Materials: Carriage of Battery-Powered Electronic Smoking Devices in Passenger Baggage Pages 66817 – 66821 [FR DOC # 2015-27622] PDF | Text | More

Proposed Rules:Logo for the Pipeline and Hazardous Materials Safety Administration (PHMSA)

None

Notices:

Hazardous Materials: New York City Permit Requirements for Transportation of Certain Hazardous Materials Pages 59244 – 59245 [FR DOC # 2015-24880]    PDF | Text | More

Hazardous Materials: Notice of Application for Special Permits Pages 59851 – 59852 [FR DOC # 2015-23370] PDF | Text | More

Hazardous Materials: Information Collection Activities Pages 61886 – 61887 [FR DOC # 2015-26025] PDF | Text | More

International Standards on the Transport of Dangerous Goods Pages 61887 – 61887 [FR DOC # 2015-26019] PDF | Text | More

Hazardous Materials: Notice of Applications for Special Permits Pages 63279 – 63280 [FR DOC # 2015-26257] PDF | Text | More

Hazardous Materials: Delayed Applications Pages 63276 – 63277 [FR DOC # 2015-26259] PDF | Text | More

Hazardous Materials: Actions on Special Permit Applications Pages 63277 – 63279 [FR DOC # 2015-26258] PDF | Text | More

Hazardous Materials: Notice of Application for Modification of Special Permit Pages 63280 – 63281 [FR DOC # 2015-26251] 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 regulDaniels Training Services provides HazMat Employee Trainingations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

 

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Please contact me 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.

Changes to the Final Rule – Mandatory Compliance Date – for the Transportation of Lithium Batteries

Announcements from regulatory agencies of the US Government in the Federal Register can have a significant 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:  Hazardous Materials: Transportation of Lithium Batteries. (more…)

Changes to the 56th Edition of the IATA DGR Related to Lithium Batteries

The 56th Edition of the Dangerous Goods Regulations of the International Air Transport Association (2015) contains many significant changes.  None of them followed with more widespread interest than those related to the transportation by air of lithium batteries.  Below is a summary of the changes to the IATA DGR related to the transportation of lithium batteries.

2.3—Dangerous Goods Carried by Passengers or Crew

The provisions applicable to portable electronic devices, including medical devices containing lithium batteries and spare batteries have been restructured to set the requirements out in three parts:

1. Spare lithium batteries above a specified size, which are permitted only with the approval of the operator, and that must be in carry-on baggage;

2. Lithium battery powered electronic devices containing batteries above a specified size, which are permitted only with the approval of the operator; and

3. Portable electronic devices (PED) and spare batteries for such devices where the batteries are at or below the specified size which are permitted without operator approval. PED may be in checked or carry-on baggage. All spare batteries must be in carry-on baggage.

4—Identification
4.2—List of Dangerous Goods

Amendments to the List of Dangerous Goods include:

  • Removal of the packing group from all of the entries for articles that had been assigned a packing group, e.g. batteries, containing sodium, lithium batteries; mercury in manufactured articles.
  • The entry UN 3090, Lithium metal batteries has been amended to show “forbidden“ across columns I/J to identify that these batteries are now restricted to Cargo Aircraft Only. There is no change to the entries for UN 3091, lithium metal batteries packed with equipment or lithium metal batteries contained in equipment.
4.4—Special Provisions

A201 —is a new special provision assigned against UN 3090 Lithium metal batteries to identify that lithium metal batteries may be carried on a passenger aircraft subject to specific limitations on the size and quantity of lithium metal batteries in a package and per consignment. The detail of these limitations are set out in the Supplement to the ICAO Technical Instructions.

5—Packing

PI 966 and PI 969 —These packing instructions apply to lithium ion and lithium metal batteries packed with equipment respectively. The provisions have been revised to clarify that the number of lithium batteries in a package must not exceed the number for the equipment’s operation plus two spares.

PI 968 —In accordance with the change in Table 4.2 to limit UN 3090, Lithium metal batteries to cargo aircraft only, the provisions of PI 968 have been revised to identify that these batteries are not permitted on passenger aircraft. This includes a requirement that packages prepared in accordance with Section II must bear a Cargo Aircraft Only label in addition to the lithium battery handling label, and also that packages in Section II are subject to the conditions for consolidations and removes the allowance for these packages to be placed in a unit load device, except by the operator.

8—Documentation

8.1.6.11.7 —A paragraph has been added to clarify that for shipments of lithium batteries prepared under Section IB of PI 965 and PI 968 that the information required on the additional document may be included on the Shipper’s Declaration or may be on an additional document.

That’s it for changes referenced in the Introduction to the 56th Edition of the IATA Dangerous Goods Regulations.  Please note that the list is intended to assist the Shippers, Packers, and Operators to identify the main changes introduced in the 56th Edition for 2015 and must not be considered an exhaustive listing.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or railInternational and Domestic

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/