PHMSA wishes to remind potential shippers of EVs - including vehicle owners, salvage companies, and vehicle transport companies - that they have a responsibility to assess EVs for potential damage to their installed lithium batteries and to observe the specific requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180) for both the transportation of EVs containing lithium batteries, and for the transportation of damaged and/or defective lithium batteries in commerce.
Federal hazardous materials law authorizes the Secretary of Transportation (the Secretary) to “prescribe regulations for the safe transportation, including security, of hazardous materials in intrastate, interstate, and foreign commerce” 49 U.S.C. 5103(b)(1). The Secretary has delegated this authority to PHMSA in 49 CFR 1.97(b). PHMSA’s regulations (i.e., the HMR) are designed to achieve three primary goals:
1. Ensure that hazardous materials are packaged and handled safely and securely during transportation. This document contains guidance provided to help the regulated community understand how to comply with regulations, but its contents are not substantive rules themselves and do not create legally enforceable rights, assign duties, or impose new obligations not otherwise contained in the existing regulations and standards.
2. Effectively communicate the hazards of the materials being transported to transportation workers and emergency responders.
3. Minimize the consequences of an accident or incident should one occur.
As part of its safety mission, PHMSA regulates the transportation of lithium batteries, including those that are installed in or are intended for use in EVs. Lithium batteries pose a risk in transportation, and the HMR contains provisions intended to address the risk in transport and ensure safety of the public whether the lithium batteries are installed in an EV being transported or are transported separately. Damaged or defective lithium batteries pose a unique risk because they are more likely to experience thermal runaway and ignite during transportation. Consequently, shipments of damaged or defective lithium batteries have additional restrictions – see 49 CFR 173.185(f) – compared to newly manufactured, used, or undamaged/properly functioning batteries. It should also be noted that damaged, defective, or recalled lithium batteries must be prepared for shipment in accordance with the relevant provisions of the HMR and may be shipped only by highway, rail, or vessel transportation and are strictly forbidden for commercial transportation by aircraft.
There have been fires associated with lithium batteries installed in EVs that were submerged in floodwaters following extreme weather events. Saltwater is especially harmful to lithium batteries as residual salt within the battery or battery components can form conductive bridges that can lead to short circuit and self-heating of the battery, resulting in fires. The time frame in which a damaged battery can ignite varies, from days to weeks, and EV battery fires can be extremely time – and resource-intensive for responders. In addition, responders face safety risks related to the emission of toxic and flammable gases from damaged lithium batteries, and
the unpredictability of thermal runaway and reignition. As such, lithium batteries from EVs that have experienced flooding or other exposure to the elements in a manner other than designed are at significant risk of damage, resulting in elevated potential for producing a dangerous evolution of heat, fire, or short circuit.
PHMSA understands that assessing whether a battery is damaged may require input from the manufacturer and recommends that shippers consult with the manufacturer of the battery to assist in such a determination. However, it is ultimately the shipper’s responsibility to determine when a battery is damaged and therefore requires additional consideration for packaging and transportation. Specifically, in accordance with 49 CFR 173.22(a), the shipper must properly class and describe the hazardous material being offered for transportation and determine whether the packaging or container is an authorized packaging. In addition, shippers are forbidden from offering for transportation or transporting electrical devices, such as batteries and battery powered devices— including EVs—that are likely to create sparks or generate a dangerous evolution of heat, unless packaged in a manner which precludes such an occurrence.
Lastly, when movement of an EV with a damaged lithium battery on a motor vehicle is necessary to protect life or property in an emergency, certain requirements of the HMR are waived. See 49 CFR 177.823(a)(3). Additionally, the National Highway Traffic Safety Administration has published guidance on their website for towing and recovery operators and vehicle storage facilities that describes how to properly handle EVs in the event of damage, fire, or flooding.
What are the packaging and marking requirements to transport damaged, defective, and recalled lithium batteries? See 49 CFR 173.185(f):
• Place the battery in an individual, non-metallic inner packaging that completely encloses the battery.
• Surround the inner packaging with non-combustible, electrically non-conductive, and absorbent cushioning material.
• Place each inner packaging into its own specification outer packaging rated to the Packing Group I performance level. This means only one damaged, defective, or recalled battery per inner packaging, and only one inner packaging per outer packaging.
• Mark the outer packaging as “Damaged/defective” and identify the battery type. The marking—reading “Damaged/defective lithium-ion battery” or “Damaged/ defective lithium metal battery”—must be in characters at least 12 mm (0.47 inches) high.
What are the packaging requirements to transport EVs powered by lithium batteries that have not been damaged? See 49 CFR 173.220(d):
• EVs with their batteries installed are forbidden for transport aboard passenger-carrying aircraft.
• Lithium batteries contained in vehicles, engines, or mechanical equipment must be securely fastened in the battery holder of the vehicle, engine, or mechanical equipment, and be protected in such a manner as to
THE REPORT | DEC 2023 | ISSUE 106 | 63
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128 |
Page 129 |
Page 130 |
Page 131 |
Page 132 |
Page 133 |
Page 134 |
Page 135 |
Page 136 |
Page 137 |
Page 138 |
Page 139 |
Page 140 |
Page 141 |
Page 142 |
Page 143 |
Page 144
