6th World Rechargeable Battery
Regulatory Forum
March 23 & 24, 2015
Berlin, Germany
PPT 1.b.4.
George A. Kerchner
PRBA – The Rechargeable Battery Association
1776 K Street, NW
Washington, DC 20006
202.719.4109
gkerchner@wileyrein.com
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
2
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
3
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
 http://www.fire.tc.faa.gov/systems.asp#pres
4
Recent Media Coverage of FAA
Testing on Lithium ion Batteries
5
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
6
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
7
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
8
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
9
Enforcement of Dangerous Goods
Regulations in China/Hong Kong and
PRBA’s Request for ICAO’s Intervention
10
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
11
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
12
Mislabeled Lithium ion Batteries,
Knowing Violations of DG Regulations
 Non-compliant batteries shipped from Hong
Kong, originating in S. China
13
Checked Baggage from Passengers
Leaving Hong Kong on Cathay Pacific
14
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.”
15
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
www.prba.org
16
Update on ICAO Regulations and
Activities on Lithium Batteries
17
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
18
Projections for Li ion Cell Production
HEV
Others
BT
Game
MP3
CAM
DSC
PT
NBPC
Cellular
4500
4000
3500
3000
2500
2000
1500
1000
500
Data courtesy of Hideo Takeshita
Institute of Information Technology, Ltd.
16CY
15CY
14CY
13CY
12CY
11CY
10CY
09CY
08CY
07CY
06CY
05CY
04CY
0
03CY
LIB cell demand (Million cells/CY)
5000
19
Trade Values of U.S. Imports
U.S. Trade Value for 2014
Total
Air
% of
(millions) (millions) Total
U.S. Imports
Cellphones & Related Products
$87,713
$73,740 84%
Notebook and Handheld Computers
$41,973
$34,416 82%
$1,693
$541 32%
$321
$131 41%
$2,014
$672 33%
Lithium Ion Batteries
Lithium Metal Batteries
20
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.
21
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
22
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
23
Lithium Battery Safety Issues in Air Mode
and Industry Response
24
Misinformation on Aircraft Incidents

Malaysia Airlines Flight 370 – March 2014

Asiana Flight 991 – July 2011

UPS Flight 6 – September 2010
25
26
Changes to ICAO Regulations Applicable to Small,
Excepted Lithium Batteries: 1999 - 2017
Text in red indicates significant change from previous year
Size of Battery Excepted
Li ion
Li Metal
Hazard
Communication
Label/Document
Only for larger
batteries
None
None
None
≤2g
All batteries
30 kg
30 kg
Yes. If package
> 12 batteries
≤ 100 Wh
≤2g
All batteries
10 kg
2.5 kg
All packages
≤ 100 Wh
≤2g
All batteries
Li ion
ELC/Wh*
Li Metal
1999
≤ 25 g
≤ 25 g
2003
≤8g
2009
2013
Per Package Limits
UN Testing?
2 batteries 2 batteries
All packages
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
27
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
28
New Developments in Lithium Battery
Packaging for Transport
29
New Developments in Lithium
Battery Packaging for Transport

Pyrophobic
• https://vimeo.com/90529359 (9:15)
• https://vimeo.com/108568119 (1:00)

Akrofire
• https://www.youtube.com/watch?v=sSowNgiR0ng (37:00)
30
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
31
Wassenaar Arrangement
32
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
33
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
34
Increasing Energy Density (Wh/kg)
of Secondary Cells
35
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?)
36
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
37
Information Technology Agreement
38
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
39
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 (8507.60.00)
 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
40