PHMSA letter of interpretation

Transportation of lithium batteries for disposal or recycling

Pipeline and Hazardous Materials Safety Administration · Nov 27, 2007 · Reference No. 07-0182

PHMSA says to use caution with this letter. Not on website On August 6th, 2014, PHMSA published Final Rule, HM-224F, which amends the regulations for lithium batteries. The rule harmonizes the HMR with many of the provisions in the UN Model Regulations, ICAO Technical Instructions, and IMDG Code. Additionally, the exceptions for small and medium lithium batteries formerly found in special provisions 188 and 189, have been moved to § 173.185(c). Please refer to the most recent version of § 173.185 for information on shipping lithium batteries. The most current version of the regulations can be found in the eCFR at www.ecfr.gov.

Interprets: 49 CFR § 173.185

Reggie’s quick take

A small-quantity hazardous waste handler asked whether customers can ship lithium batteries to its facility under the § 173.185(d) exception. For recycling, the answer is yes: cells and batteries shipped to a facility for recycling may use that exception. For disposal, the answer is no, unless the facility is a permitted storage facility and disposal site. Even then, it must meet all the criteria and voluntarily follow every requirement that applies to such a facility.

Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.

This is in response to your September 19, 2007 letter regarding transportation of lithium batteries for disposal or recycling under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as amended in Docket HM 224C and HM 224E, published August 9, 2007 (72 FR 44929). According to your letter your facility is classified as a "small quantity handler" under the Environmental Protection Agency (EPA) regulations. Your questions are paraphrased and answered as follows:

Q1. May our customers ship lithium batteries to our facility for the purpose of recycling in accordance with the exception in § 173.185(d)?

A1. Yes. As amended in Docket HM-224C and HM-224E, cells and batteries shipped for disposal to a permitted storage facility and disposal site OR for the purpose of recycling may be shipped under the exception in § 173.185(d).

Q2. May our customers ship lithium batteries to our facility for the purpose of disposal in accordance with the exception in § 173.185(d)?

A2. The exception in § 173.185(d) does not apply when your customers ship batteries to your facility for disposal unless you are operating a permitted storage facility and disposal site. However, if your company meets all the criteria to qualify as a permitted storage facility and disposal site and you voluntarily comply will all requirement applicable to a permitted storage facility and disposal site, your customers may ship in accordance with the exception in § 173.185(d).

A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.