LITHIUM BATTERIES BY GROUND

February 23,2015 HAZMAT ROB

If you ship lithium batteries by ground, you’re in luck. On August 6, 2014, the Department of Transportation (DOT), in consultation with the Federal Aviation Administration (FAA), published a final rule affecting the transportation of lithium cells and batteries. This final rule realigned the Hazardous Materials Regulations hazard communication and packaging provisions for lithium batteries with the United Nations UN Model Regulations, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Maritime Dangerous Goods IMDG Code for water. Back in the August 6, 2014 final rule, DOT authorized a mandatory six month compliance date for shippers to incorporate the new requirements into standard operating procedures and complete training of affected personnel.

JOINT REQUEST

However, the Retail Industry Leaders Association, the Food Marketing Institute, the National Retail Federation, and the Rechargeable Battery Association submitted a joint request to DOT for a six month extension to the original February 6, 2015 compliance date. These groups contend that the six month transitional period did not provide sufficient time to comply with the new requirements. This short time frame has proven to be extremely challenging for the retail industry to implement in all modes. These trade groups felt that “the new regulations require that domestic ground shipments of products with lithium batteries adhere to shipping standards previously only required for international air and sea transportation.”

DOT AGREES

The DOT agrees since the primary focus of the HM–224F final rulemaking was to align the requirements of the HMR for air transportation of lithium batteries with those of the ICAO Technical Instructions. So DOT has delayed the Hazard Communication and Training final compliance date until August 7, 2015 for shipments of lithium batteries in the ground mode. This does not affect compliance in the air mode, where DOT maintains that the February 6, 2015 compliance date is appropriate and important for aviation safety when offering, acceptance, and transportation lithium batteries by aircraft. Don’t push your luck when you use, ship or dispose of any hazardous material, hazardous waste, hazardous chemical, or hazardous substance and you’re not sure if you’re doing it correctly. Give us a call and we will help you out. Thank you for your readership and support.