Lithium batteries are “hot topic. For transport, they are classified as hazardous substances, but in terms of storage, much is still unclear. Recently, the Ministry of Infrastructure and Water Management (Ministerie van Infrastructuur en Waterstaat) released the “Circular Risk Management of Lithium-ion Energy Carriers,” in anticipation of next year’s PGS-37 (2022). In this article, Teun Graven, lecturer in Hazardous Substances Law and Regulations – explains the most important regulations.
To begin, we must first step back. Why the confusion as to whether lithium batteries are or are not a hazardous substance when stored? “When it comes to the storage of packaged dangerous goods, the PGS-15 comes into the picture,” Teun explains. “Lithium batteries meet the PGS-15’s definition of hazardous substances. Yet they do not fall within its scope. That means the PGS-15 does not apply to lithium batteries. It is obvious to draw the conclusion that lithium batteries for storage are not hazardous substances, but that is too short of the mark.”
Confusion with impact
Teun continues: “The current laws and regulations regarding lithium batteries can cause a lot of confusion. “They do fall under the scope of the Environmental Management Activities Decree and also under various other laws and regulations. The consequences of this should not be underestimated. For example, storage of lithium batteries can be subject to a permit requirement and the duty of care for the environment can have a major impact. This can in some cases give rise to storage in fire compartments with fire extinguishing systems. Something you definitely need to have in place.”
Regulation around lithium energy carriers is a complex issue
Developing regulations
Because regulations surrounding lithium energy carriers are a complex subject, engaging expert consultant support may be desirable. “In a first attempt to provide more clarity, the Ministry of Infrastructure and Public Works has published the ‘Circular on Risk Management of Lithium-ion Energy Carriers,'” Teun continued. “This circular is intended as a guide for industry and the competent authority. It describes measures that increase safety when storing lithium-ion energy carriers.
“One of the key safety-enhancing measures described is the recommendation to store lithium-ion energy carriers in fire compartments with a fire spread of at least sixty minutes,” he said. “It distinguishes between four different scales of storage, depending on the quantity and content of the energy carriers. I personally expect this recommendation to become an obligation with the introduction of the PGS-37.”
Measures in and around storage facility
In addition to measures to increase fire safety, the circular also describes measures around responsible stacking and marking of storage locations. “The circular recommends not stacking pallets with lithium-ion carriers,” Teun continued. “Of course, they can be placed on top of each other in pallet racks. Thereby it is recommended to keep a free space of fifty centimeters between the top of the top pallet and bottom of the roof. In practice, height restrictions due to the fire extinguishing system present will also have to be taken into account.”
Safety of the environment
In case of incidents and calamities, the storage of lithium-ion energy carriers can pose a great risk to the environment. “The Activities Decree (Activiteitenbesluit) currently does describe safety distances for on-storage facilities of packaged dangerous goods, but these do not yet adequately take into account the impact of lithium-ion energy carriers,” Teun states. “This will undoubtedly receive more attention. It is important that holders of these energy carriers get in touch with the relevant Safety Region. In consultation, a suitable location for storage can be sought. The conditions set by the Safety Region regarding accessibility by emergency services and availability of risk information for these parties can then also be taken into account immediately.”
