[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.

-----------------------------------------------------------------------

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:

----------------------------------------------------------------------------------------------------------------
          Date                                       Rule                                 Legal requirements
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

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.

------------------------------------------------------------------------
    Current definition of small      Newly corrected definition of small
quantity handler of universal waste  quantity handler of universal waste
------------------------------------------------------------------------
 ``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* * *.
------------------------------------------------------------------------

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