[Federal Register Volume 63, Number 247 (Thursday, December 24, 1998)]
[Rules and Regulations]
[Pages 71225-71230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34044]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 266 and 273
[FRL-6207-7]
RIN 2050-AD19
Universal Waste Rule (Hazardous Waste Management System;
Modification of the Hazardous Waste Recycling Regulatory Program)
AGENCY: Environmental Protection Agency.
ACTION: Final rule; correcting amendments.
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SUMMARY: The Environmental Protection Agency (EPA) is correcting errors
that appeared in the Universal Waste Rule which was published in the
Federal Register (FR) on May 11, 1995 (60 FR 25492). This final rule
creates no new regulatory requirements; rather it: makes three
corrections to the regulations governing management of spent lead-acid
batteries that are reclaimed; corrects the definition of a small
quantity universal waste handler; and clarifies the export requirements
which apply to destination facilities when destination facilities act
as universal waste handlers.
EFFECTIVE DATE: December 24, 1998.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA/Superfund Hotline at (800) 424-9346 (toll free) or TDD 800 553-
7672 (hearing impaired). Contact the RCRA Hotline in the Washington,
D.C. metropolitan area at (703) 412-9810 or TDD 703 412-3323. For
specific information concerning the Universal Waste Rule, contact Mr.
Bryan Groce at (703) 308-8750, Office of Solid Waste, U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460, mailcode 5304W. This rule is available on the Internet. Please
follow these instructions to access the rule electronically: From the
World Wide Web (WWW), type://www.epa.gov/epaoswer, then select option
for Laws and Regulations. The official record for this action is kept
in a paper format.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. What is the statutory authority for this rule?
2. Does this rule create any new federal requirements?
3. What does this rule do?
4. Why are the clarifications and corrections necessary?
5. What other changes have been made as a result of this rule?
6. What federal requirements apply to spent lead-acid batteries?
7. Why are there two options for managing lead-acid batteries?
8. Is lead-acid battery regeneration a type of reclamation? If yes,
why did EPA decide to regulate it differently from other lead-acid
battery reclamation?
9. How does today's technical correction clarify requirements for
handling spent lead-acid batteries that will be regenerated?
10. How does today's technical correction affect management
requirements for storing lead-acid batteries before reclaiming them?
11. How does today's technical correction change the definition of
``small quantity handler of universal waste?''
12. How is EPA correcting requirements related to exports of
universal wastes?
13. Why isn't EPA proposing these changes for public comment and
establishing an effective date later than the promulgation date?
14. Does this technical correction meet conditions described in the
Executive Order 12866, the Regulatory Flexibility Act, the Unfunded
Mandates Reform Act of 1995, the Paperwork Reduction Act, the
National Technology Transfer and Advancement Act of 1995, and the
Executive Orders 13045, 12875, and 13084?
15. Has EPA submitted this rule to Congress and the General
Accounting Office?
[[Page 71226]]
1. What Is the Statutory Authority for This Rule?
EPA is issuing this rule under the authority of sections 1006,
2002(a), 3002, 3003, 3004, 3005, 3010 and 3017 as amended by the
Resource Conservation and Recovery Act of 1976 (codified as 42 U.S.C.
6905, 6912(a), 6922, 6923, 6924, 6925, 6930, and 6937).
2. Does This Rule Create Any New Federal Requirements?
No. This rule is a technical correction and creates no new
regulatory requirements. Rather, it corrects certain regulatory
provisions that apply to regenerating and storing lead-acid batteries.
The lead-acid battery provisions and the provisions for battery
regeneration were originally included in a final rule promulgated on
January 4, 1985 Final Rule (50 FR 614) and were mistakenly changed,
deleted or incorrectly worded in the final Universal Waste Rule of May
11, 1995 (60 FR 25492). This rule also corrects the definition of a
small quantity universal waste handler, and clarifies the export
requirements which apply to destination facilities when destination
facilities act as universal waste handlers.
3. What Does This Rule Do?
This rule amends portions in Chapter 40 of the Code of Federal
Regulations (CFR) Parts 266 and 273. Specifically, the rule:
(a) Clarifies the lead-acid battery regeneration exemption (40 CFR
266.80(a)).
(b) Clarifies that lead-acid batteries that are stored before
reclamation other than regeneration must be managed in accordance with
the lead-acid battery storage requirements. (See 40 CFR 266.80(b)).
(c) Reinserts the spent lead-acid battery storage requirements
which were mistakenly left out in the May 11, 1995 Universal Waste
Rule.
(d) Corrects the current definition of small quantity universal
waste handler found in the regulatory text in order to be consistent
with the correct definition in the preamble to the final rule (40 CFR
273.6).
(e) Corrects preamble statements providing the regulatory
references for universal waste export requirements that apply to
destination facilities.
4. Why Are the Clarifications and Corrections in This Rule
Necessary?
The Universal Waste Rule inadvertently:
(a) Created confusion about requirements for handling spent lead-
acid batteries that will be regenerated.
(b) Deleted management requirements for storing lead-acid batteries
before reclaiming them.
(c) Defined ``small quantity handler of universal waste''
incorrectly.
(d) Included in the preamble an incorrect citation for export
requirements which apply to destination facilities that export
universal wastes.
5. What Other Changes Have Been Made as a Result of This Rule?
EPA has chosen to rewrite and reorganize Sec. 266.80, which covers
requirements for lead-acid batteries that are to be reclaimed so that
they are clearer and easier to use. These changes are made as part of
the Agency's ongoing efforts at regulatory reinvention. Although the
format has changed as a result of rewriting the regulatory text in
``plain language,'' this final rule creates no new regulatory
requirements. EPA is not intending to revise, reopen or reconsider the
merits of any other aspects of the existing regulatory requirements at
40 CFR 266.80.
It is important to understand that all of the requirements found in
today's final regulations, including those set forth in table format,
constitute binding, enforceable legal requirements. The plain language
format used in today's final regulation for lead-acid batteries may
appear different from other rules, but it establishes binding,
enforceable legal requirements like those in the existing regulations
at 40 CFR part 266.
6. What Federal Requirements Apply to Spent Lead-Acid Batteries?
The federal regulations that apply to spent lead-acid batteries
have changed over time. The following table summarizes how the
requirements have evolved:
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Date Rule Legal requirements
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1-4-85.................. 40 CFR 266.30 (subsequently changed to 40 CFR 266.80).... (1) Exempts spent lead-acid
batteries from hazardous
waste management
requirements when they
are:
(a) Handled by anyone
(i.e., retailers,
wholesalers, local service
stations) other than
reclaimers (i.e., a
battery cracker or
secondary lead smelter);
(b) Collected and stored at
intermediate facilities
(i.e., collection
facilities) before being
sent to reclaimers; and
(c) Transported.
(2) Requires battery
crackers or secondary lead
smelters to manage spent
lead-acid batteries as
hazardous waste when
storing the batteries
before reclaiming them.
1-4-85.................. 40 CFR 261.6(a)(3)(ii)................................... Exempts spent lead-acid and
other batteries from
hazardous waste management
requirements if they are
returned to a battery
manufacturer for
regeneration.
5-11-95................. Universal Waste Rule 40 CFR Part 273..................... (1) Removed the provision
(40 CFR 261.6(a)(3)(ii))
that exempted batteries
from hazardous waste
management requirements if
they are to be
regenerated.
(2) Non-lead acid batteries
(except as provided in
Public Law 104-142,
entitled the ``Mercury-
containing and
Rechargeable Battery
Management Act'') may be
managed in accordance with
requirements in either:
(a) Universal Waste Rule
(40 CFR Part 273); or
(b) Full Subtitle C
regulation (40 CFR Parts
260 through 272).
(3) Spent lead-acid
batteries may be managed
according with
requirements of either:
(a) Universal Waste Rule
(40 CFR Part 273); or
(b) Special requirements in
40 CFR 266 Subpart G.
[[Page 71227]]
5-13-96................. Mercury-Containing and Rechargeable Battery Management (1) Requires that the
Act (PL 104-142) Section 104(a), to be codified in a collection, storage, and
future EPA action, but directly enforceable as a matter transportation of the
of law on the date of passage. following types of
batteries be regulated
under the May 11, 1995
Universal Waste Rule:
(a) Used rechargeable
batteries
(b) Certain lead-acid
batteries not managed
under 40 CFR 266 Subpart G
(c) Rechargeable alkaline
batteries
(d) Certain mercury-
containing batteries
banned for domestic sale
(e) Used consumer products
containing rechargeable
batteries that aren't
easily removable.
Section 104(a)(2) of the Mercury-Containing and (2) Stipulates that section
Rechargeable Battery Management Act. 104(a) does not apply to
any lead-acid battery that
is managed in accordance
with requirements in 40
CFR 266 Subpart G or
equivalent requirements in
an approved state program.
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7. Why Are There Two Options for Managing Lead-Acid Batteries?
EPA included lead-acid batteries in the Universal Waste Rule as a
convenience to generators and handlers that accumulate different types
of spent hazardous waste batteries. In some cases, it may be easier to
manage all spent batteries in the same way under the Universal Waste
Rule, rather than separating out the lead-acid batteries for handling
under 40 CFR Part 266. EPA retained the requirements for lead-acid
batteries in 40 CFR 266.80 because they have resulted in a very
successful recycling program for automotive batteries. Ninety percent
of all used automotive lead-acid batteries are recycled.
8. Is Lead-Acid Battery Regeneration A Type of Reclamation? If Yes,
Why Did EPA Decide to Regulate It Differently From Other Lead-Acid
Battery Reclamation?
Yes, regeneration is a type of reclamation that EPA has authority
to regulate. However, in 1985 EPA chose to exempt it from regulation
because battery regeneration posed low environmental risks and
resembled recycling activities that EPA did not regulate. (See 48 FR at
14496; 50 FR at 649.) Exempt ``regeneration'' includes only replacing
drained electrolyte fluids and replacing ``bad'' battery cells. (See 48
FR at 14496.)
EPA felt that the recycling of lead-acid batteries to recover lead
posed different environmental risks. (See 48 FR at 14496, note 50.) The
lead recovery process involves cracking battery casings and smelting
the lead plates. EPA chose to regulate storage by battery reclaimers
prior to this type of reclamation. EPA also noted that wastes from the
reclamation process would continue to be regulated. (See 48 FR at
14496.) EPA chose not to regulate storage by other persons and chose
not to regulate transportation, finding that a number of factors made
regulation unnecessary. (See 48 FR 14498-99.) Today's clarification of
the lead-acid battery rules does not change any requirements and does
not provide new opportunity under section 7006 of RCRA to challenge the
earlier actions that put the rules in place.
9. How Does Today's Technical Correction Clarify Requirements for
Handling Spent Lead-Acid Batteries That Will Be Regenerated?
As currently drafted, 40 CFR 266.80(a), reads: ``Persons who
generate, transport, or collect spent batteries, who regenerate spent
batteries, or who store spent batteries but do not reclaim them (other
than spent batteries that are to be regenerated) are not subject to
regulation under parts 262 through 266 or part 270 or 124 of this
chapter * * *''. We are concerned that the meaning of the phrase within
the parentheses isn't clear. Today's technical correction changes 40
CFR 266.80(a) by replacing it with a table that more fully explains
when lead-acid batteries are exempt from hazardous waste management
requirements. The table reflects EPA's original intent (as expressed in
the Universal Waste Rule published on May 11, 1995) for the amendment
made to 40 CFR 266.80.
10. How Does Today's Technical Correction Affect Management
Requirements for Storing Lead-Acid Batteries Before Reclaiming
Them?
Today's action does not change any management requirements for
storage of lead-acid batteries. When EPA amended 40 CFR 266.80 in the
final Universal Waste Rule, the management requirements for storing
spent lead-acid batteries before reclamation were mistakenly deleted.
(Compare 40 CFR 266.80(b)(1)-(4)(1994 edition) with Sec. 266.80(b) at
60 FR 25542.) Today's technical correction restores to 40 CFR 266.80(b)
the deleted storage requirements for spent lead-acid batteries when the
batteries aren't regenerated. In addition, for the sake of clarity, the
restored requirements have been reorganized by separating the
requirements for interim status facilities and permitted facilities.
Further, the restored requirements have been reorganized so that they
are presented in a more readable format. Although the requirements have
been separated and reformatted, they are substantively the same as
those mistakenly deleted. In other words, there are no new requirements
as a result of these modifications.
Specifically, the restored provisions list the applicable
requirements for interim status facilities, which include: (1)
Notification requirements under section 3010 of RCRA; (2) All
applicable provisions in subpart A of 40 CFR part 265; (3) All
applicable provisions in subpart B of 40 CFR part 265 (but not
Sec. 265.13, dealing with waste analysis); (4) All applicable
provisions in subparts C and D of 40 CFR part 265; (5) All applicable
provisions in subpart E of 40 CFR part 265 (but not Secs. 265.71 and
265.72, dealing with the use of the manifest and manifest
discrepancies); (6) All applicable provisions in subparts F through L
of 40 CFR part 265 of this chapter; and (7) All applicable provisions
in 40 CFR parts 270 and 124.
Likewise, the restored provisions list the applicable requirements
for permitted facilities which include: (1) Notification requirements
under section 3010 of RCRA; (2) All applicable provisions in subpart A
of 40 CFR part 264; (3) All applicable provisions in subpart B of 40
CFR part 264 (but not Sec. 264.13, dealing with waste analysis); (4)
All applicable provisions in subparts C and D of 40 CFR part 264; (5)
All applicable provisions in subpart E of 40 CFR part 264 (but not
Sec. 264.71 or Sec. 264.72, dealing with the use of the manifest and
manifest discrepancies); (6) All applicable provisions in subparts F
through L of 40 CFR part 264; and (7) All applicable provisions in 40
CFR parts 270 and 124. Again, EPA takes the position that this
clarification of existing provisions does not provide new opportunity
to challenge them.
[[Page 71228]]
11. How Does Today's Technical Correction Change the Definition of
``Small Quantity Handler of Universal Waste?''
Today's technical correction changes the current definition of
``small quantity handler of universal waste'' by making it consistent
with the definition in the preamble to the May 11, 1995 Universal Waste
Final rule. The correction clearly distinguishes the difference between
a small quantity handler of universal waste and a large quantity
handler of universal waste. Without today's technical correction, there
is the potential for confusion when distinguishing small quantity
handlers from large quantity handlers since the current regulatory
definitions are not mutually exclusive.
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Current definition of small Newly corrected definition of small
quantity handler of universal waste quantity handler of universal waste
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``A small quantity handler of ``A small quantity handler of
universal waste means a universal universal waste means a universal
waste handler (as defined in this waste handler (as defined in this
section) who does not accumulate section) who does not accumulate
more than 5000 kilograms total of 5000 kilograms or more total of
universal waste* * *. universal waste* * *.
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12. How Is EPA Correcting Requirements Related to Exports of
Universal Wastes?
The discussion of destination facility requirements in the preamble
to the final Universal Waste Rule (60 FR 25533-34) states that the
export requirements for destination facilities are included in the
final rule as ``subpart E, Sec. 273.63.'' This citation is incorrect;
Sec. 273.63 does not exist. A destination facility that sends universal
waste to a foreign destination (i.e., outside the United States) is
subject to either:
(a) Section Sec. 273.20 or Sec. 273.40 depending on their
universal waste handler classification, or (b) Section Sec. 273.56
if the destination facility actually transports universal waste to a
foreign destination.
In addition, on page 25534 of the preamble to the final universal
waste rule, there is a parenthetical statement at the end of the first
paragraph referring the reader to section III.F.10 of the preamble for
a discussion of issues related to exports of universal waste. The
citation is incorrect. The discussion of issues related to exports of
universal waste is in section IV.E.10 of the preamble to the final
rule. Since the errors mentioned above were made in the preamble of the
Universal Waste Rule, the export requirements for universal wastes are
unaffected by today's rule.
13. Why Isn't EPA Proposing These Changes for Public Comment and
Establishing an Effective Date Later Than the Promulgation Date?
Today's technical correction creates no new regulatory
requirements. It reinstates regulatory language that was mistakenly
changed in a previous EPA rule, and clarifies existing regulatory
requirements. For these reasons, EPA finds that good cause exists under
5 U.S.C. 553(b)(3)(B) to issue these corrections as a final rule
without notice and opportunity for comment. For the same reasons, EPA
finds that there is good cause under 5 U.S.C. 553(d)(3) and 42 U.S.C.
6930(b)(3) (section 3010(b)(3) of RCRA) to make this regulation
immediately effective upon promulgation.
14. Does This Technical Correction Meet Conditions Described in the
Executive Order 12866, the Regulatory Flexibility Act, the Unfunded
Mandates Reform Act of 1995, the Paperwork Reduction Act, the
National Technology Transfer and Advancement Act of 1995, and
Executive Orders 13045, 12875, and 13084?
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866, (58 FR 51.735 (October 4, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.''
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.''
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Enforcement and Fairness Act, 5 U.S.C. 601-612, generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. EPA has determined
that today's rule will not have a significant economic impact on a
substantial number of small entities. The rule does not impose any
additional burdens on small entities because it does not create any new
regulatory requirements. Therefore, EPA has determined that it is
appropriate to certify that this rule will not have a significant
economic impact on a substantial number of small entities.
The Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. For the reason described above,
that the rule does not create any new requirements, it does not contain
a Federal mandate that may result in annual expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or for the private sector. The rule likewise contains no
regulatory requirements that might significantly or uniquely affect
small governments under section 203 of the UMRA and imposes no burdens
that may result in annual expenditures of $100 million or more.
Accordingly, the requirements of UMRA do not apply.
Paperwork Reduction Act
Since this action is not subject to notice-and-comment requirements
under the Administrative Procedure Act or any other statute, it does
not affect requirements under the Paperwork Reduction Act.
[[Page 71229]]
The National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub L. 104-113, section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies.
The NTTAA directs EPA to provide Congress, through OMB,
explanations when the Agency decides not to use available and
applicable voluntary consensus standards. This technical correction
action does not involve technical standards. Therefore, EPA did not
consider the use of any voluntary standards in this rulemaking.
Executive Order 13045: Protection of Children From Environmental Health
Risks and Safety Risks
This technical correction is not subject to E.O. 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because this action is not an
economically significant rule, and it does not involve decisions on
environmental health risks or safety risks that may disproportionately
affect children.
Executive Order 12875: Enhancing Intergovernmental Partnerships
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's technical correction does not create a mandate on State,
local or tribal governments. The rule does not impose any enforceable
duties on these entities. Today's rule corrects errors to existing
regulations governing management of spent lead-acid batteries that are
reclaimed and corrects the definition of small quantity universal waste
handlers. Accordingly, the requirements of section 1(a) of Executive
Order 12875 do not apply to this rule.
Executive Order 13084: Consultation and Coordination With Indian Tribal
Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
Today's technical correction does not significantly or uniquely
affect the communities of Indian tribal governments. Today's rule
corrects errors to existing regulations governing management of spent
lead-acid batteries that are reclaimed and corrects the definition of
small quantity universal waste handlers. Accordingly, the requirements
of section 3(b) of Executive Order 13084 do not apply to this rule.
15. Has EPA Submitted This Rule to Congress and the General
Accounting Office?
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication in today's Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2) as amended.
List of Subjects
40 CFR Part 266
Environmental protection, Energy, Hazardous waste, Petroleum,
Recycling, Reporting and recordkeeping requirements.
40 CFR Part 273
Hazardous materials transportation, Hazardous waste.
Dated: December 8, 1998.
Timothy Fields, Jr.,
Acting Assistant Administrator, Office of Solid Waste and Emergency
Response.
40 CFR parts 266 and 273 is amended as follows:
PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
1. The authority citation for part 266 continues to read as
follows:
Authority: 42 U.S.C. 1006, 2002(a), 3004, and 3014, 6905, 6906,
6912, 6922, 6923, 6924, 6925, and 6937.
Subpart G--Spent Lead-Acid Batteries Being Reclaimed
2. Section 266.80 is revised to read as follows:
Sec. 266.80 Applicability and requirements.
(a) Are spent lead-acid batteries exempt from hazardous waste
management requirements? If you generate, collect, transport, store, or
regenerate lead-acid batteries for reclamation purposes, you may be
exempt from certain hazardous waste management requirements. Use the
following table to determine which requirements apply to you.
Alternatively, you may choose to manage your spent lead-acid batteries
under the ``Universal Waste'' rule in 40 CFR part 273.
[[Page 71230]]
----------------------------------------------------------------------------------------------------------------
If your batteries * * * And if you * * * Then you * * * And you * * *
----------------------------------------------------------------------------------------------------------------
(1) Will be reclaimed through are exempt from 40 CFR Parts are subject to 40 CFR
regeneration (such as by 262 (except for Sec. 262.11) Parts 261 and 262.11
electrolyte replacement). 263, 264, 265, 266, 268, 270, of this chapter.
124 of this chapter, and the
notification requirements at
section 3010 of RCRA.
----------------------------------------------------------------------------------------------------------------
(2) Will be reclaimed other than generate, collect, are exempt from 40 CFR Parts are subject to 40 CFR
through regeneration. and/or transport 262 (except for Sec. 262.11) Parts 261 and
these batteries. 263, 264, 265, 266, 270, 124 262.11, and
of this chapter, and the applicable
notification requirements at provisions under
section 3010 of RCRA. Part 268.
----------------------------------------------------------------------------------------------------------------
(3) Will be reclaimed other than store these are exempt from 40 CFR Parts are subject to 40 CFR
through regeneration. batteries but you 262 (except for Sec. 262.11) Parts 261, 262.11,
aren't the 263, 264, 265, 266, 270, 124 and applicable
reclaimer. of this chapter, and the provisions under
notification requirements at Part 268.
section 3010 of RCRA.
----------------------------------------------------------------------------------------------------------------
(4) Will be reclaimed other than store these must comply with 40 CFR are subject to 40 CFR
through regeneration. batteries before 266.80(b) and as appropriate Parts 261, 262.11,
you reclaim them. other regulatory provisions and applicable
described in 266.80(b). provisions under
Part 268.
----------------------------------------------------------------------------------------------------------------
(5) Will be reclaimed other than don't store these are exempt from 40 CFR Parts are subject to 40 CFR
through regeneration. batteries before 262 (except for Sec. 262.11) Parts 261, 262.11,
you reclaim them. 263, 264, 265, 266, 270, 124 and applicable
of this chapter, and the provisions under
notification requirements at Part 268.
section 3010 of RCRA.
----------------------------------------------------------------------------------------------------------------
(b) If I store spent lead-acid batteries before I reclaim them but
not through regeneration, which requirements apply? The requirements of
paragraph (b) of this section apply to you if you store spent lead-acid
batteries before you reclaim them, but you don't reclaim them through
regeneration. The requirements are slightly different depending on your
RCRA permit status.
(1) For Interim Status Facilities, you must comply with:
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 265 of this
chapter.
(iii) All applicable provisions in subpart B of part 265 of this
chapter except Sec. 265.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 265 of
this chapter.
(v) All applicable provisions in subpart E of part 265 of this
chapter except Secs. 265.71 and 265.72 (dealing with the use of the
manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 265
of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this
chapter.
(2) For Permitted Facilities.
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 264 of this
chapter.
(iii) All applicable provisions in subpart B of part 264 of this
chapter (but not Sec. 264.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 264 of
this chapter.
(v) All applicable provisions in subpart E of part 264 of this
chapter (but not Sec. 264.71 or Sec. 264.72 (dealing with the use of
the manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 264
of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this
chapter.
PART 273--STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
3. The authority citation for part 273 continues to read as
follows:
Authority: 42 U.S.C. 6922, 6923, 6924, 6925, 6930, and 6937.
4. Section 273.6 is amended by revising the definition of ``Small
Quantity Handler of Universal Waste'' to read as follows:
Sec. 273.6 Definitions.
* * * * *
Small Quantity Handler of Universal Waste means a universal waste
handler (as defined in this section) who does not accumulate 5,000
kilograms or more total of universal waste (batteries, pesticides, or
thermostats, calculated collectively) at any time.
* * * * *
[FR Doc. 98-34044 Filed 12-23-98; 8:45 am]
BILLING CODE 6560-50-U
