[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR273.2]

[Page 456-457]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 273_STANDARDS FOR UNIVERSAL WASTE MANAGEMENT--Table of Contents
 
                            Subpart A_General
 
Sec. 273.2  Applicability--batteries.

    (a) Batteries covered under 40 CFR part 273. (1) The requirements of 
this part apply to persons managing batteries, as described in Sec. 
273.9, except those listed in paragraph (b) of this section.

[[Page 457]]

    (2) Spent lead-acid batteries which are not managed under 40 CFR 
part 266, subpart G, are subject to management under this part.
    (b) Batteries not covered under 40 CFR part 273. The requirements of 
this part do not apply to persons managing the following batteries:
    (1) Spent lead-acid batteries that are managed under 40 CFR part 
266, subpart G.
    (2) Batteries, as described in Sec. 273.9, that are not yet wastes 
under part 261 of this chapter, including those that do not meet the 
criteria for waste generation in paragraph (c) of this section.
    (3) Batteries, as described in Sec. 273.9, that are not hazardous 
waste. A battery is a hazardous waste if it exhibits one or more of the 
characteristics identified in part 261, subpart C of this chapter.
    (c) Generation of waste batteries. (1) A used battery becomes a 
waste on the date it is discarded (e.g., when sent for reclamation).
    (2) An unused battery becomes a waste on the date the handler 
decides to discard it.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6, 1999]