Storage of lithium batteries: Clarify requirements

There is currently no closed concept for the storage of lithium-ion batteries in Germany. Instead, there is a patchwork of regulations, which causes uncertainty for all parties involved, i.e. investors in logistics properties, planners, authorities, operators, auditors, and insurers.
And uncertainty is what is least needed with lithium batteries, especially when it comes to storage. The following is therefore a „cash check“ of the existing regulations.
In 2021, 17,672 tons of lithium-ion and metal portable batteries were placed on the market in Germany. This quantity must be transported and generally also (temporarily) stored on the way from the manufacturer to the consumer. The quantity of lithium-ion industrial batteries (HV batteries for electromobility) placed on the market is estimated at 200,000 tons.

Building law

A building whose use involves the storage of substances with an increased fire risk, such as lithium-ion batteries, is a socalled special building under building law. This assumption applies in all german federal states except Hesse.1)
Are lithium-ion batteries substances with an increased fire risk? The incidence of fire in lithium-ion battery storage and disposal facilities (see Table 1) suggests the answer „yes“. However, there is no substance-specific quantity limit. A guide: For spray cans and liquids with a f lash point of less than 23 degrees Celsius, a net storage quantity of 200 kilograms triggers the special construction status. The
- construction of a new warehouse and the
- change in the use of an existing warehouse for the storage
of lithium-ion batteries
require planning permission. This is important for existing facilities that are to be repurposed. Special buildings must always be separated from adjacent rooms in a fire-resistant manner („F/T 90“).
In individual cases, special requirements may be imposed on special buildings to meet the general requirements. These special requirements may extend to
- Fire protection systems, equipment, and precautions as well as
- the retention of extinguishing water.
For special buildings, a fire protection concept must be
submitted together with the building documents. This concept must clarify in particular
- the separation of adjacent rooms: walls, ceilings and doors: fire-resistant design (F/T 90).
- Limitation of the fire load by area and quantity. For liquids with a f lash point ≤ 60 °C, a maximum of 100 tons may be stored in a fire compartment. Some fire protection planners are guided by this limit.
- Automatic fire alarm system
- Automatic fire extinguishing system. Fire and extinguishing tests have shown that only water helps, CO2 does not.

A distinction must be made between
a) Block storage:
- What is the maximum number of pallets that may be stacked?
- What is the maximum height of a block?
- What is the maximum contiguous area that may be occupied?
- What is the minimum distance in meters between the areas?
b) Rack storage
- Extinguishing water retention
- Cold storage, thermography
- Prohibition of combined storage
- Handling damaged/defective batteries (quarantine area outside)

Water law

Lithium-ion batteries are so-called products. Does the German Ordinance on Installations for the Handling of Substances Hazardous to Water (AwSV) also apply to products? The German Federal Ministry for the Environment says: yes.
What water hazard class (WGK) do lithium batteries have? The Federal Environment Agency says: This must be assessed based on the substances contained. Example: Lithium-ion battery contains at least 0.3 percent cobalt oxide (Chemical Abstract Service 1307- 96- 6, WGK 3, M-factor 10): The lithium-ion battery is WGK 3.
The AwSV states: if lithium-ion batteries are
- articles: The AwSV does not currently contain any specific requirements for articles.
- solid mixtures: The AwSV currently categorizes solid mixtures as generally hazardous to water. However, a change is planned: In future, the WGK of a solid mixture is to be determined based on the ingredients, as is the case with liquid and gaseous mixtures.

Extinguishing water retention

The legal situation is currently confusing: Building law in the form of the German Extinguishing Water Retention Directive (LöRüRL) prescribes - or rather prescribed: the storage of more than
- 100 tons = WGK 1
- 10 tons = WGK 2
- 1 tons = WGK 3
requires the retention of extinguishing water.
BUT: All federal states have withdrawn the LöRüRL. Water legislation in the form of the AwSV stipulates the retention of extinguishing water when storing.
- currently > 200 kilograms of solid mixtures hazardous to water,
- planned > 5 tons.
And again BUT: Building law in the form of the BauO prescribes a fire protection concept for special buildings, and the retention of extinguishing water is a mandatory topic.

Chemicals law

Lithium batteries are not hazardous substances according to the Hazardous Substances Ordinance (GefStoff V). This means: They do not fall within the scope of the - EU CLP V - EU REACH V - GefStoffV, also not in the Technical Rule Hazardous Substances 510, but in TRGS 520 (No. 6.3.4 (6) Page 2 Line 2). A change is in sight

Insurance contract law

Why should the policyholder be interested in the insurer’s specifications? Reasons are:
New conclusion: Before submitting his contract declaration, the policyholder must inform the insurer of the dangerous circumstances known to him that are significant for the insurer‘s decision to conclude the contract with the agreed content and about which the insurer has asked in text form.
Change of use: After submitting his contractual declaration, the policyholder may not increase the risk or allow a third party to do so without the insurer‘s consent. If the insured event occurs after an increase in risk, the insurer is not obliged to pay if the policyholder has intentionally breached his obligation. In the event of a grossly negligent injury, the insurer is entitled to reduce its benefit in proportion to the severity of the policyholder‘s fault; The policyholder bears the burden of proof for the absence of gross negligence.
If the contract stipulates that the insurer is not obliged to pay in the event of a breach of a contractual obligation to be fulfilled by the policyholder, it is exempt from payment if the policyholder is entitled to pay in the event of a grossly negligent breach of the obligation to reduce the amount in proportion to the severity of the policyholder‘s fault; The policyholder bears the burden of proof that there was no gross negligence. So that the policyholder is not left with a loss, he should know his obligations towards the insurer.

German non-life insurers

In the absence of government regulations, the non-life insurers in the Association of Property Insurers (VdS) have, for understandable reasons, addressed the issue of “storage of lithium-ion batteries” for a long time as follows (Table 2): since

- 2012 with the information sheet “Lithium Batteries” (VdS 3103)
- 2019 with the leaf let “Sprinkler protection of lithium batteries” (VdS 3856).
Both leaf lets are also available in English.

European non-life insurers

In September 2022, the “Insurance Europe” association (IE, formerly: Comité Européen des Assurances CEA) presented an addition to the guideline “Sprinkler systems: planning and installation” (CEA 4001) in the form of a technical bulletin “Lithium-ion batteries” (TB 003).

Factory Mutual (FM) Global

In January 2023, the US industrial property insurer FM Globalextensively expanded its requirements from April 2020 in the “Goods Classification” data sheet (8-1). The storage of lithium-ion batteries is regulated
- alone (UN 3480) and in devices (UN 3481)
- in solid pile storage and in racks
- new and used/remanufactured;
Damaged/defective items may not be stored inside a building.

The following applies to UN 3480:
- Storage according to table 3.
- Distance of 3 meters to f lammable stored goods.
- Water supply for over two hours.

The following applies to UN 3481: If
- Ceiling height ≤ 12 m and charging status ≤ 60%: The product must be classified and stored in accordance with Table 2-3 of data sheet 8-1.
- Ceiling height > 12 m and/or charge level > 60%: storage according to table 3.
- The water supply may be reduced to one hour.
A further requirement is:
- Precautionary plan regarding the handling of hand fire extinguishers and the designation of an area outside the building for damaged/defective batteries.
- Aftercare plan regarding possible re-ignition, fire station and disposal of damaged/defective batteries (arrangement with disposal company).

Comparison: Solid pile and rack storage

Solid pile storage: Table 4 on this page compares the sprinkler protection requirements of VdS, IE/CEA and FM Global using the example of storing lithium-ion batteries, each > 100 watt hours, each > 12 kg gross, in solid pile storage.
Rack storage: Table 5 compares the sprinkler protection requirements of the property and industrial property insurers VdS, IE/CEA and FM Global using the example of storing lithium-ion batteries, each larger than 100 watt hours and each larger than 12 kg gross, in racks.

Special cases

Just for the sake of completeness: The storage of
- used and/or damaged/defective lithium-ion batteries
- Lithium-ion batteries in devices
- Lithium metal batteries
is not a standard and requires separate consideration.

Conclusion

It is the state‘s responsibility to ensure that the storage of lithium batteries becomes a calculable risk - for everyone involved.

Prof. Dr. Norbert Müller, publicy appointed and sworn expert for transport and storage of dangerous goods, Duisburg.

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