Batteries managed as universal waste are subject to alternative labeling requirements, but do not count toward a facility’s hazardous waste generator category, do not require a Land Disposal Restriction (LDR) notification, are not subject to inspection requirements, and do not require a manifest for shipping. The batteries also may be accumulated onsite for up to one-year, compared to 180-days and 90-days for small quantity generators and large quantity generators managing batteries as hazardous waste, respectively. In late 2023, EPA announced their intention to develop a proposal to create a separate category of universal waste for lithium batteries, including lithium-ion batteries, to improve safety and minimize fire risk associated with handling and disposing of waste lithium-ion batteries. The Notice of Proposed Rulemaking (NPRM) and Final Rule are anticipated for June 2025 and December 2026, respectively. Subpart G Standards for Spent Lead-Acid Batteries Being Reclaimed Spent lead-acid batteries being regenerated or otherwise reclaimed may also be managed under 40 CFR Part 266 Subpart G. EPA has retained both the universal waste and Subpart G options for managing end-of-life lead-acid batteries based on the understanding that generators may prefer to manage all of their spent batteries under the Universal Waste Rule for consistency rather than utilizing different management methods. Further, the separate Subpart G regulation has proven valuable in its success in encouraging recycling of lead-acid batteries from the automotive industry. Reclamation by Regeneration Under today’s regulations, generators of waste lead-acid batteries who manage their end-of-life batteries under 40 CFR 266 Subpart G using reclamation by regeneration (i.e., electrolyte replacement) should not count the batteries toward their generator status and are not subject to labeling requirements, onsite accumulation time limits, or LDR notifications. Battery Reclamation Other Than Through Regeneration While EPA determined that reclamation through regeneration constituted a low-risk activity, it chose to regulate other reclamation activities more stringently due to the environmental risks associated with cracking battery casings and smelting lead plates to recover lead from the batteries. Lead-acid batteries managed under 40 CFR 266 Subpart G using reclamation other than through regeneration (e.g., recycling) similarly do not count the batteries toward their generator status and are not subject to labeling and onsite accumulation time limit requirements but are required to submit an LDR notification.
Waste Battery Generator Management Options
Batteries with one or more federal or state hazardous waste codes are hazardous waste. However, certain batteries may be eligible for streamlined management requirements as universal waste or under the Standards for Spent Lead-Acid Batteries Being Reclaimed. Hazardous Waste Waste batteries managed as hazardous waste must be counted toward the facility’s hazardous waste generator category and are subject to the hazardous waste generator accumulation, recordkeeping, and reporting requirements outlined in 40 CFR Part 262. Waste batteries can significantly impact a facility’s generator category and associated hazardous waste generator compliance requirements, particularly in certain industries, such as data centers, that generate significant quantities of waste batteries and minimal other hazardous waste streams. Most generators instead opt to manage their batteries under the 40 CFR 273 Universal Waste provisions, for lithium-ion batteries, small lead-acid batteries, and other hazardous waste batteries, or under the 40 CFR 266 Subpart G Standards for Spent Lead-Acid Batteries Being Reclaimed, for large lead-acid batteries. These management options provide more flexibility and reduce the compliance burden of managing end-of-life batteries. Universal Waste The universal waste regulations provide an alternate option for managing common hazardous waste streams, such as batteries, lamps, and aerosol cans, under streamlined standards while also encouraging recycling.
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