Commentary: navigating shipping regulations for end-of-life and damaged batteries

We have an energy transition under way, when many technologies and even whole markets are switching to electric power–electric vehicles (EVs), forklifts (the last diesel and propane models in California are expected to be phased out in the next five years, with the current share of electric already around 60 percent), construction equipment, power storage for home solar, as well as for the utility-scale solar plants and more. All of these applications require a multitude of batteries in different forms, shapes and sizes, but also different chemistries, weight and watt-hour capacity.

Regulators are playing catch-up with the technologies and markets which are developing quickly and carry significant risks as they mature. The requirements are constantly changing, and it’s easy to feel overwhelmed. But there are ways to navigate the issue of applying today’s regulations to a company’s specific needs.

Understanding the battery transportation regulatory framework

When it comes to shipping batteries, the U.S. Department of Transportation (DOT) lays down the law.

The DOT’s regulations are designed to keep everyone safe, and they cover everything from how batteries are packaged to the labels that must be displayed. The DOT has recently published the “Lithium Battery Guide for Shippers”, to help shippers safely package lithium cells and batteries for transport by all modes, in accordance with the latest international harmonization regulatory requirements, or HM-215Q, which were published in May.

If you’re looking to ship internationally, this can be a different story, as you’ll also need to be aware of the standards set by the International Civil Aviation Organization (ICAO) and the International Maritime Dangerous Goods Code (IMDG Code). These organizations have their own sets of rules that are just as crucial to follow.

U.S. Hazardous Materials Regulations (HMR) and international regulations are complex and difficult to navigate, particularly for those not using them regularly. Your best resource is to work with professionals that are knowledgeable and have extensive experience applying the regulatory requirements while understanding the best practices to enhance safety while reducing unnecessary expenses.

For example, even if your batteries are classified correctly and have all the required labels, you still need to make sure your shipper is trained and certified for hazmat transportation. Additionally, there are a number of innovative packaging alternatives, each having advantages and disadvantages, which the professionals can recommend.  The complexity and the high risk involved makes transportation companies with a hazmat focus join forces with battery logistics specialists and their hazmat legal partners to make sure the battery shipments are safe and compliant.

Applying shipping conditions and requirements

One example of such a group is led by the second-life battery market specialist Bluewater Battery Logistics, which partnered with HazMat Safety Consulting (HSC). HSC’s President, Bob Richard, served as the Deputy Associate Administrator for the Pipeline and Hazardous Materials Safety Administration (PHMSA), the regulatory agency responsible for writing and enforcing the DOT’s Hazardous Materials Regulations.

Richard led U.S. delegations to international meetings and served as the chairman of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods that is responsible for maintaining theUN Model Regulations including lithium battery regulations.

 “When shipping lithium batteries, it is essential to understand why a regulation is written and how to practically implement it into your company,” Richard says. “These regulations are dynamic and continually changing. HSC can help to identify compliance issues before they become a problem.”

There’s a significant difference between new batteries, end-of-life batteries and those determined to be damaged or defective. Recalled batteries pose a significant challenge, new batteries usually have fewer restrictions and end-of-life and damaged batteries require more stringent handling because of potential hazards. Further, batteries headed for recycling may have different sets of requirements, such as a limited state of charge, marking and labeling and packaging, for example, compared to those batteries headed for their second-life applications or for repair or refurbishing for their original application.

Handling intact batteries might seem straightforward, but what happens if a battery is defective? You’ll need to take extra precautions. Defective batteries can leak harmful electrolyte, or worse–we’ve all seen powerful fires following a thermal runaway event involving compromised or defective batteries. It’s vital to have a clear understanding of how to package and label them to minimize risks and potential enforcement actions by regulatory agencies such as PHMSA.

Packaging and labeling guidelines

Proper packaging is not just a formality, but a necessity.

Most battery shipments must meet specific U.N.-approved packaging requirements to ensure they survive the journey intact without posing a health and safety risk. Getting packaging guidance specific to the weight, power output, condition and chemistry of your batteries is essential, especially for larger or heavier batteries for which the regulations require extra measures to prevent thermal events during transportation.

Labeling is equally important. Every package must display the correct hazardous materials labels, along with the appropriate U.N. markings. This isn’t just about compliance; it’s about communicating the risks to people handling the shipment, including emergency responders. Accurate shipping papers are crucial, too, detailing the contents, handling instructions and emergency contact information. This ensures that if something goes awry, everyone knows how to respond.

Employee training and safety

One of the most effective ways to ensure safe and compliant shipping is through proper training, especially hazmat training. Getting detailed, clear and straightforward instructions tailored to your everyday operations for your team members play a critical role in the shipping process. An access to the full-blown document with DOT regulations is not equipping them with the right knowledge, and there is a need for a clear set of instructions.

Bluewater, for example, provides customers with access to customized training materials created to help the staff stay informed about the latest regulations and best practices. Generic online or classroom courses that are not customized to the operations typically are ineffective.

Establishing a clear communication channel for reporting incidents or near-misses also is crucial and consistent with establishing a corporate safety culture. It empowers your team to take immediate action and learn from any challenges they face.

The need for expertise

Understanding the regulations governing battery transportation is essential for the safety of your team, the public, your customers and the environment. By being informed and compliant, you can avoid costly fines, litigation and costly insurance rate increases. 

The full set of shipping capabilities and legal expertise of your battery logistics partner needs to include the practical knowledge and expertise of applying the changing regulations in the rapidly developing battery manufacturing and logistics space.

Max Khabur is the marketing director at Bluewater Battery Logistics, a battery life cycle management company based in Santa Barbara, California. To learn more, visit www.bluewaterbattery.com.