oEPA
               UniMdSutM
               Environmental Protection
               Agency
Off ice of
Solid Waste and
Emergency Response
                DIRECTIVE NUMBER. 9441.13(85)

                TITLE:  Disposal of Waste Electrolyte from Rechargeable
                     Nickel-Cadmium Batteries with a Potassium
                     Hydroxide Electrolyte

                APPROVAL DATE:  5-15-85

                EFFECTIVE DATE:  5-15-85

                ORIGINATING OFFICE:  office of solid waste

                E FINAL

               : D DRAFT

                 LEVEL OF DRAFT

                   G A — Signed by AA or DAA
                   D B — Signed by Office Director
                   G C — Review & Comment

                REFERENCE (other documents):
  OSWER      OSWER      OSWER
VE   DIRECTIVE    DIRECTIVE   Dl

-------
261  SUBPART A - GENERAL
                                                DOC:  9441.13(85)
Key Words:    Batteries, Corrosive Wastes

Regulations:

Subject:
Addressee:
Disposal of Waste Electrolyte from Rechargeable Nickel-Cadmium
Batteries with a Potassium Hydroxide Electrolyte

R. Chudacek, Power System Division, McGraw-Edison Company
P.O. Box 28, Bloomfield, NJ 07003
Originator:   David Friedman, Manager, Methods Program

Source Doc:   #9441.13(85)
Date:
Summary:
5-15-85
     This letter states that disposal of a waste electrolyte from rechargeable
nickel-cadmium batteries containing a potassium hydroxide electrolyte into a
municipal sewer does not constitute disposal under RCRA.  Disposal of the spent
electrolyte in another way would, however, constitute solid waste disposal
under RCRA.

-------
                                                                9441.13 (8i)
                                         158*
Mr. R. Chudacek
Power Systems Division
McGraw-Edison Company
Post Office Box. 28
Bloorafield, NJ 07003

Dear Mr* Chudacekt

     I am writing in response to your letter of April 3, 1985
concerning the regulatory status of waste electrolyte from
rechargeable nickel-cadmium batteries containing a
potassium hydroxide electrolyte*

     Two questions must be asked in order to determine if
disposal of a given waste is regulated under the Resource
Conservation and Recovery Act (RCRA).  These aret

     1.  Is the waste or its disposal considered to be "solid
         waste disposal* within the meaning of RCRA?

     2.  Does the waste meet the definition of a hazardous waste
         (i.e., exhibits one or more characteristics of a
         hazardous waste or is a listed hazardous waste)?

      In the case of the situation you described, disposal of
the spent electrolyte into a municipal sanitary sewer does not
constitute disposal under the RCRA.  Such disposal is,
however, .subject to regulation under other environmental reg-
ulations and the disposer would have to check with their local
sewage treatment authority for specific disposal restrictions.

     Spent electrolyte disposed of in any other manner would be
solid waste disposal within the meaning of the RCRA.  Furthermore,
from the information you presented, the spent electrolyte would
likely exhibit characteristics of hazardous waste.  In
addition to being a corrosive waste (40 CPR 261.22), the
spent electrolyte is likely to exhibit the characteristic of
Extraction Procedure Toxicity (40 CPR 261.24).  While
neutralization would eliminate the waste's corrosivity, it
may not change its status under 40 CPR 261.24.

-------
     I hope I have answered your questions to your satisfaction.
Unfortunately* these answers may not be identical to those you
might receive from State officals.  Many states have been
awarded authorization to conduct their own hazardous waste
regulatory programs in lieu of the RCRA program.  I thus urge
you to contact those states in which disposal of the batteries
might occur, in order to ascertain their status under the applicable
State programs.  If the State is unable to help you, I recommend
contacting the applicable EPA Regional office.  For your con-
venience, I am enclosing a list of State and EPA hazardous
waste management offices and officials.

                                Sincerely yours,
                                David Friedman
                                   Manager
                                Methods Program (WH-562B)

Enclosure

-------