Introduction
Lithium batteries are considered hazardous materials due to their potential fire risk. The quantity of lithium batteries that can be stored in a warehouse may be subject to specific limits. These limits can be based on the size, type and capacity of the batteries. Lithium batteries should be stored in a cool, dry and well-ventilated area to reduce the risk of thermal runaway (fire). Are lithium-ion batteries dangerous goods? Lithium-ion batteries are dangerous goods. The Activities Decree and the Environmental Law Decree (Bor) contain the following definition for hazardous substances: “Substances and objects, the transport of which is prohibited in accordance with the ADR or is only permitted under the conditions laid down therein, or substances, materials and objects designated in the International Maritime Dangerous Goods Code”. Lithium-ion batteries have the following UN codes: 3480, 3481 or 3536. Lithium-ion batteries are listed in the ADR in paragraph 2.2.9.1.7. It contains conditions for the transport of the batteries. This means that they fall under the definition of a hazardous substance in the Activities Decree and the Bor. Note: Special provision 188 of the ADR excludes batteries from the ADR if they meet certain conditions. Because the provision sets conditions for transport, it is still possible to classify a battery as a hazardous substance. There is no consensus on this yet.
What are the risks of storing the lithium ion batteries?
The most likely scenario of a lithium ion battery is that it heats up. Warming quickly leads to a situation where the reaction accelerates itself (Thermal runaway). When one of the batteries ignites, it is difficult to extinguish this fire. Other batteries can also become involved or go into thermal runaway. Such a fire can burn for a long time (several hours to days). In addition to heat, this fire also releases toxic substances (including hydrogen fluoride and lithium hydroxide).
Should lithium-ion batteries be stored according to PGS 15?
No, the PGS 15 does not apply to batteries and therefore also not to lithium-ion batteries. The lithium-ion batteries are a hazardous substance and belong to ADR class 9. ADR class 9 falls under the requirements as stated in paragraph 4.1.1 of the Activities Decree: the storage of hazardous substances in packaging. However, the Activities Regulation and the PGS 15 indicate that of ADR class 9 only the substances with classification code M6-M7 fall within the scope of the PGS 15. Lithium-ion batteries have a classification code M4. Article 4.1 of the Activities Decree does apply. This means that a safety distance of 20 meters applies for storage of more than 2,500 kg. This distance can be reduced to 8 meters if storage takes place in a fire compartment. The exception of paragraph 4 does not apply because lithium-ion batteries are flammable hazardous substances.
Can storage under the Activities Decree be arranged with customization?
Lithium-ion batteries are a hazardous substance and their storage therefore falls under section 4.1.1 of the Activities Decree and the Activities Regulation (if no permit is required). The storage of lithium-ion batteries is excluded from PGS 15. However, the Activities Decree and the Activities Regulation, in section 4.1.1, offer the competent authority the option of setting customized regulations. The storage of hazardous substances is not exhaustively regulated in Article 4.1 of the Activities Decree. In the case of customization, the competent authority can use regulations from PGS 15. An overview of relevant regulations can be found in the Circular on risk management for lithium-ion energy carriers. In the event of a “thermal runaway”, the battery will ignite. In this fire, the battery is self-sufficient in oxygen supply at that time. The only measure against this is cooling, which usually has to be done by the fire brigade. For this reason, the location must be easily accessible. Attention to these points is important when determining the custom-made regulations.
Does the External Safety of Facilities Decree (Bevi) apply to the storage of lithium-ion batteries?
Yes, when storing lithium-ion batteries in quantities of more than 10,000 kg in a storage facility, the Bevi usually applies. The Bevi uses a different definition of hazardous substance than the Activities Decree and the BOR, which is not based on the ADR. The lithium-ion battery is a hazardous material under the Bevi. Article 2, paragraph f of the Bevi specifies when packaged hazardous substances fall within the scope of this Decree. Lithium-ion batteries are flammable and therefore fall under the definition of flammable hazardous substances in the Bevi. The most common lithium-ion batteries have lithium hexafluorophosphate as electrolyte and therefore contain fluorine compounds. There are also batteries with compounds containing chlorine and sulphur, among other things. As a result, they are flammable hazardous substances with fluorine, chlorine, bromine, nitrogen or sulfur-containing compounds within the meaning of the Bevi. In that case, the first paragraph of Article 2f applies. This means that the Bevi applies to storage of lithium-ion batteries in quantities of more than 10,000 kg in a storage facility. Appendix B3.5 of the Circular on risk management for lithium-ion energy carriers discusses the external safety distances. Battery storage is not within the scope of the PGS-15. There is therefore no substantiated relationship between the distances from the Revi table for battery storage. The competent authority must determine the external safety distances on a custom basis. The security region can be consulted as an advisor in this regard.
Is (temporary) storage of lithium-ion batteries subject to a permit?
Storage of lithium-ion batteries are subject to a permit in case more than 10,000 kg of lithium-ion batteries are stored. The storage of more than 10,000 kg often falls under the Bevi (see above). Based on the Environmental Law Decree, Annex 1 part B under 1a, Bevi installations are subject to a permit requirement. There are currently no requirements in the Activities Decree and the Activities Regulation for the storage of up to 10,000 kg of lithium-ion batteries. The competent authority may prescribe measures based on a duty of care. For the (temporary) storage of more than 10,000 kg, a permit is usually required and the competent authority must attach conditions to a permit. PGS 15 explicitly excludes batteries and there is (yet) no PGS for the storage of lithium-ion batteries.
New regulations.
The Environmental Activities Decree (BAL) contains general rules for the storage of lithium-containing batteries. Het Bal also determines when an activity requires a permit. According to the current schedule, Het Bal will enter into force in January 2024, together with the Environment and Planning Act. A PGS guideline is being drawn up for the storage of lithium-containing batteries. This PGS 37-2 is expected to be adopted in 2023. The BAL is then expected to refer to the PGS 37 in mid-2024. The aforementioned circular explains the interim policy for the period until the new regulations come into effect. The circular is a guideline that the competent authority can use when making decisions about the storage of batteries. Are you a producer or distributor of Lithium batteries and are you going to rent a warehouse? Then pay close attention to whether the warehouse meets the legal requirements. It is wise to obtain legal advice. You are welcome at Amice Advocaten via info@amice-advocaten.nl or +31 (0)30 230 0230. We can assist you in English and Chinese.