1. PRBA – The Rechargeable Battery Association 1776 K Street, NW
6th World Rechargeable Battery Regulatory Forum March 23 & 24, Berlin, Germany
George A. Kerchner
PRBA – The Rechargeable Battery Association 1776 K Street, NW
Washington, DC
PPT 1.b.4.

2. PRBA – The Rechargeable Battery Association
Established in 1991 as the “Portable Rechargeable Battery Association”
Based in Washington, DC
Represent industry on regulatory and legislative issues at local, state, national and international level
Observer/Advisor with UN Sub-Committee of Experts on Transport of Dangerous Goods and ICAO Dangerous Goods Panel

3. Members of PRBA – The Rechargeable Battery Association
Primary and secondary battery manufacturers: Samsung, Panasonic, Sony, Saft, A123 Systems, Maxell, NEC, EnerSys, Boston Power, Valence Technology, Quallion, Johnson Controls, Rayovac, Duracell, Energizer, Varta ….
Manufacturers of notebooks, tablets, cellular phones, power tools, medical devices, automobiles: Apple, HP, Dell, Bosch Tool, Makita, Stanley Black & Decker, Motorola, Philips Healthcare, Boston Scientific, Toyota, General Motors, Tesla Motors …
Retailers, battery testing labs, battery recyclers, airline, DG consultants and packaging manufacturers

4. U.S. Federal Aviation Administration Lithium Battery Testing Program
Recent FAA testing and research –
Propagation of Lithium Battery Fire in an Inert Environment
Characterize Chemical Energy Released from Li ion batteries at Different States of Charge
Lithium Battery Thermal Runaway Vent Gas Composition
Aircraft Installed Lithium Battery Hazard Analysis
E-Tablets Fire Tests
Full Scale Battery Tests-Class C - Large Format Cells
Passive Fire Protection for Lithium Battery Shipments
Shipment of Lithium Batteries Technology Concept, Development and Testing

5. Recent Media Coverage of FAA Testing on Lithium ion Batteries

6. U.S. DOT and Transport Canada Lithium Battery Final Rules
U.S. Department of Transportation (DOT ) rule ends 5½ year regulatory process
New regulations effective for AIR transport on February 6, 2015
New regulations for ground, rail and sea transport postponed until August 7, 2015
New Transport Canada rule updates 12 year old lithium battery transport regulations
New regulations effective July 1, 2015
Both rules generally harmonized with international standards

7. State Battery Recycling Legislation
States and product stewardship organizations in U.S. continue to push for battery collection and recycling laws
No federal legislation
States of California, Connecticut, Vermont active

8. Wassenaar Arrangement and Limits on Secondary Cells > 300 Wh/kg
Wassenaar Arrangement established in 1996
Limits exports of “conventional arms and dual-use goods and technologies”
PRBA petitioned U.S. Department of Commerce to eliminate export control on secondary cells

9. Information Technology Agreement
ITA provides complete elimination of duties on certain IT products
PRBA petitioned U.S. trade office to seek elimination of tariffs on lithium ion cells/batteries through ITA

10. Enforcement of Dangerous Goods Regulations in China/Hong Kong and PRBA’s Request for ICAO’s Intervention

11. Non-compliance and Enforcement of Dangerous Goods Regulations
Documented non-compliant lithium battery manufacturers and distributors in China knowingly violating DG regulations
Lithium batteries shipped by motor vehicle from Guangdong Province to Hong Kong (HK); shipped by air from HK
UPS Flight 6 in Dubai, September 2010 included many non-compliant lithium battery shipments
Complex, cross-border logistics involving battery manufacturers, freight forwarders, trading companies, ground handling agents, airlines
Creates unique challenge for HK enforcement agency; serious safety issues for airlines

12. Mislabeled Lithium ion Batteries, Knowing Violations of DG Regulations
Lithium ion battery intercepted by Australian transport authorities
Labeling battery ≤ 100 Wh
Enables airline passengers to carry battery on board aircraft
Shippers of battery subject to less stringent dangerous goods regulations

13. Mislabeled Lithium ion Batteries, Knowing Violations of DG Regulations
Non-compliant batteries shipped from Hong Kong, originating in S. China

14. Checked Baggage from Passengers Leaving Hong Kong on Cathay Pacific

15. PRBA Request for ICAO Action on Non-Compliance and Enforcement
August 2014 PRBA letter to ICAO requesting assistance
To date, no action by ICAO
IATA recent call for action:
“Flagrant abuses of dangerous goods shipping regulations, which place aircraft safety at risk, must be criminalised, as are other actions which place aircraft safety at risk.”

16. Outreach, Education and Industry/Government Cooperation
Links to Australia and UK/FAA safety videos on lithium batteries
Webinars on transport regulations
Participation in international workshops on lithium battery air transport issues
Work with freight forwarders, airlines, ground handling agents, transport agencies, customs agencies

17. Update on ICAO Regulations and Activities on Lithium Batteries

18. ICAO’s Lithium Battery Multi-Disciplinary Working Group Meeting
Second meeting held in Cologne, Germany – September, 2014
Developed 14 Recommendations:
Restrictions on lithium metal batteries on passenger aircraft
Limitations on state of charge for Li ion cells/batteries
Develop performance based provision to limit probability of propagation of thermal runaway between cells
Limit carriage of lithium ion batteries in certain cargo holds of passenger aircraft
Limit carriage of Li ion and Li metal batteries in Class C cargo hold of cargo aircraft
Distinguish button cells from other types of Li metal cells
Develop performance based packaging for Li ion and Li metal batteries

19. Projections for Li ion Cell Production
Data courtesy of Hideo Takeshita
Institute of Information Technology, Ltd.

20. Trade Values of U.S. Imports

21. Recent Paper Filed with ICAO Dangerous Goods Panel WG
International Coordination Council for Aerospace Industry Association (ICCAIA) recommendations:
Establish packaging and shipping requirements to “more safely ship” lithium ion batteries as cargo on passenger aircraft;
Prohibit high density packages of lithium ion batteries as cargo on passenger aircraft until “safer shipping methods” are established; and
Establish packaging and shipping requirements to “more safely ship” lithium metal and lithium ion batteries as cargo on freighter aircraft.

22. Next Steps for ICAO DGP in 2015
Meetings in April and October – Montreal, Canada
Proposals to prohibit lithium ion batteries as cargo on passenger aircraft?
Proposals to place additional restrictions and limitations on all lithium batteries shipped on cargo aircraft?
Limitations on state of charge for lithium ion cells and batteries?
Limitations on “overpacks” but exceptions for button cells and cells/batteries for medical devices?
Changes to lithium battery handling label and Class 9 label
PRBA participates in all ICAO DGP meetings

23. Power Banks Are they lithium ion batteries or equipment?
Implications for transport regulations
Battery packaging more stringent for air transport
Lengthy discussions at ICAO and UN meetings
Issue on agenda for UN working group meeting in Brussels, March 2015

24. Lithium Battery Safety Issues in Air Mode and Industry Response

25. Misinformation on Aircraft Incidents
Malaysia Airlines Flight 370 – March 2014
Asiana Flight 991 – July 2011
UPS Flight 6 – September 2010

27. Size of Battery Excepted Hazard Communication Label/Document
Changes to ICAO Regulations Applicable to Small, Excepted Lithium Batteries:
Text in red indicates significant change from previous year
Size of Battery Excepted
UN Testing?
Per Package Limits
Hazard Communication Label/Document
Li ion
ELC/Wh*
Li Metal
1999
≤ 25 g
Only for larger batteries
None
2003
≤ 8 g
≤ 2 g
All batteries
30 kg
Yes. If package > 12 batteries
2009
≤ 100 Wh
10 kg
2.5 kg
All packages
2013
2 batteries
Mandatory training for shippers also required in 2013
2015
Lithium metal batteries banned as cargo on passenger aircraft
2017
ICAO likely to adopt significant new restrictions on large shipments of lithium batteries.
* 25 g ELC (Equivalent Lithium Content) = 300 Wh
8 g ELC = 100 Wh

28. 14 Recommendations from ICAO’s Lithium Battery Multi-Disciplinary WG meeting
Second meeting held in Cologne, Germany – September, 2014
Developed 14 Recommendations:
Restrictions on lithium metal batteries on passenger aircraft
Limitations on state of charge for Li ion cells/batteries
Develop performance based provision to limit probability of propagation of thermal runaway between cells
Limit carriage of lithium ion batteries in certain cargo holds of passenger aircraft
Limit carriage of Li ion and Li metal batteries in Class C cargo hold of cargo aircraft
Distinguish button cells from other types of Li metal cells
Develop performance based packaging for Li ion and Li metal batteries

29. New Developments in Lithium Battery Packaging for Transport

30. New Developments in Lithium Battery Packaging for Transport
Pyrophobic
(9:15)
(1:00)
Akrofire
(37:00)

31. New Developments in Lithium Battery Packaging for Transport
FedEx gel packs
Pouch containing liquid coolant is placed above cells
When cell experiences thermal event, heat from cell ruptures pouch releasing coolant

32. Wassenaar Arrangement

33. Wassenaar Arrangement and Energy Density Limits on Secondary Cells
Wassenaar Arrangement (WA) established in 1996; limits exports of “conventional arms and dual-use goods and technologies”
Participating countries: Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom and United States
China does not participate

34. Wassenaar Arrangement and Energy Density Limits on Secondary Cells
Limits energy density (Wh/kg) on primary and secondary cells
Secondary cell limit = 300 Wh/kg
Primary cell limit = 550 Wh/kg
Raised from 250 to 300 Wh/kg in 2012 on Japan’s request
PRBA petitioned U.S. Department of Commerce (DOC) in 2014 to eliminate export controls on secondary cells

35. Increasing Energy Density (Wh/kg) of Secondary Cells

36. Wassenaar Arrangement and Energy Density Limits on Secondary Cells
U.S. DOC must consult with Department of Defense and Department of State on WA proposals
U.S. Department of Defense opposed PRBA petition
Compromise proposal: 350 Wh/kg
U.S. will submit proposal to raise secondary cell energy density limit to 350 Wh/kg at WA meeting in April 2015
Korea or Japan could request higher energy density limit at WA meeting (400 Wh/kg?)

37. Wassenaar Arrangement and Energy Density Limits on Secondary Cells
Shipments of secondary cells over 300 Wh/kg requires license from government export authorities in country of origin
Does WA secondary cell limit apply to –
Single cell batteries: NO
Batteries: NO
Equipment containing cells or batteries: NO

38. Information Technology Agreement

39. Information Technology Agreement
ITA established in December 1996
80 participating countries, representing 97% of world trade in information technology products
ITA provides complete elimination of duties on IT products covered by Agreement
PRBA petitioned U.S. trade office to seek elimination of tariffs on lithium ion cells/batteries through ITA

40. Information Technology Agreement
EU COUNCIL REGULATION No 722/2014 – June 2014
Suspends tariff duties on certain “agricultural and industrial products”
Includes long list of lithium ion cells and batteries ( )
U.S. / Korea free trade agreement (FTA)
China opposes inclusion of lithium ion batteries in ITA
ITA negotiations currently stalled
Need coordination between RECHARGE, KBIA, BAJ and PRBA to secure support for inclusion of lithium ion batteries in ITA