Lion stresses battery compliance

FULLY CHARGED

BATTERIES • CHANGING REGULATIONS AND NEW EFFORTS TO ADDRESS NON-COMPLIANCE MAKE PROPER PACKAGING AND LABELLING MORE IMPORTANT THAN EVER IN 2020, SAYS LION’S ROGER MARKS*

IN A PRESS release issued in December 2019, the International Air Transport Association (IATA) gave a stark warning to lithium battery shippers who fail to comply with the latest regulations. Together with the Global Shippers Forum (GSF) and other industry groups, IATA renewed its call for governments to crack down on counterfeit battery manufacturers and non-compliant lithium battery shipments.

Industry is urging governments to bolster enforcement efforts and “get much tougher with fines and penalties.” Increased scrutiny on lithium battery shipments means that compliance with domestic and international shipping regulations for packaging and labelling these batteries is more important than ever in 2020.

For businesses and shippers who do put investment in employee training, proper packaging and labels and dangerous goods compliance, rogue shippers who flout safety standards and regulations pose a serious problem. Their refusal to comply with accepted requirements undercuts the competitive advantage that companies earn by shipping lithium batteries (and other dangerous goods) properly.

What is more, the recent uptick in lithium battery air incidents – many of which are caused by undeclared or ‘hidden’ lithium battery shipments – has raised concerns among the general public about batteries that, when shipped and handled properly, are safe to transport and use. Simply put, rogue shippers have given lithium batteries a bad name.

Efforts to make shipping dangerous goods as safe as possible enjoy broad support among shippers and other stakeholders. But when the rules frequently change, as the lithium batteries rules have, it puts a strain on industry professionals doing their best to ensure compliance. Only last year, lithium battery shippers had to update their procedures again to stay on top of changing regulations.

Following a two-year transition period, new lithium battery marks and labels became mandatory on 1 January 2019. The label currently required for fully regulated lithium batteries is a special Class 9 hazmat label featuring an illustration of lithium batteries. Also newly required in 2019 is the lithium battery mark for excepted lithium battery shipments – that is, smaller batteries and batteries packaged in or with equipment.

It is hoped that regulators will allow these new labels to be used for a long while before they change them again.

US DOT ADDS EXTRA WRINKLE In March 2019, the US Department of Transportation (DOT) finally harmonised Title 49 of the US Code of Federal Regulations (49 CFR) with the latest international standards for shipping lithium batteries by air. In its harmonisation Interim Final Rule (HM-224I),

DOT adopted three provisions that those shipping batteries in and out of the US are likely to be familiar with: a prohibition against lithium ion cells and batteries as cargo on passenger aircraft, a 30 per cent limit on state-of-charge and a limit of one package per consignment for “small” or “excepted” lithium batteries.

In that same rulemaking, DOT also introduced a new labelling/marking requirement all of its own.

In addition to harmonising 49 CFR with updated international rules, the Pipeline and Hazardous Materials Safety Administration (PHMSA) added a new, never-before-seen requirement at 49 CFR 173.185(c)(1)(iii). Under this ‘extra’ rule, certain lithium battery shipments must display the Cargo Aircraft Only (CAO) label (or one of three alternative markings) – even if these shipments travel only by ground.

Under DOT regulations, the CAO label or an alternative is now required on the following shipments: • Excepted lithium batteries shipped alone (UN 3480 and UN 3090); and • Excepted lithium batteries with a net weight greater than 5 kg shipped in or with equipment (UN 3481 and UN 3091).

For the unfamiliar, the CAO label is a striking orange label that is intended to prevent materials or quantities that are prohibited from carriage aboard passenger aircraft – like oxygen generators – from being accidentally loaded onto one.

Using the CAO label on a ground shipment is unusual - so unusual, in fact, that stakeholders fear that the presence of the label (or the alternative marking) may lead to shipments meant for highway or rail transport being misrouted to cargo aircraft. During the public comment period, some expressed concerns about the new DOT rule.

Joel Gregier, an instructor with Lion Technology who has trained thousands of lithium battery shippers in the past decade, says: “International harmonisation was making things easier and more straightforward for lithium battery shippers, and DOT seemed to finally be on board. But this new, unique DOT label requirement adds an additional level of complexity to an already difficult and confusing process.”

Now that the public has had a chance to comment on the Interim Final Rule, DOT plans to officially finalise its revised lithium battery air regulations in May 2020. At that time, the agency may remove or revise the unique requirement they added for ground shipments – or not. Only time will tell.

INDUSTRY LEADS THE WAY With demand for lithium batteries rising every year, incidents involving these batteries have become more and more common. Undeclared and mis-declared lithium battery shipments put all air cargo at risk – when lithium batteries enter thermal runaway in transit, the damage can quickly spread to other cargo before the fire can be extinguished. On passenger aircraft, lithium battery fires can cause terror among passengers, emergency landings – or worse.

By calling on governments to do more to combat unsafe shipping practices, industry is leading the way toward safer transportation of dangerous goods. Not only are they urging regulators to do more – they are stepping up their own efforts, too. IATA’s recent announcement also lays out a three-pronged campaign to raise awareness of the existing regulations and improve safety.

The campaign will include outreach in nations where dangerous goods compliance is a challenge, as well as a new incident reporting system that targets mis-declared and undeclared shipments.

The hope is that by raising awareness, industry stakeholders can reduce the number of shippers who ignore the regulations. Ultimately, this effort has the potential to greatly improve the transport of lithium batteries. What’s more, it may lead the public to recognise lithium batteries for their incredible energy storage potential and myriad applications – and not just the hazards they sometimes pose.

NEW LABELLING REQUIREMENTS INTRODUCED A YEAR

AGO PROVIDE ENHANCED HAZARD COMMUNICATION,

BUT THE US IS CONSIDERING ADDITIONAL LABELLING *Roger Marks is a content writer with Lion Technology, a leading provider of dangerous goods and EH&S training, consulting and labels in the US. www.lion.com