Summary of EPA Meeting with

ABR (American Battery Recyclers)

June 14, 2007

On Thursday, June 14, 2007, representatives from the Office of Solid
Waste (OSW) met with ABR to discuss the Definition of Solid Waste
Rulemaking.  ABR was interested in four issues.   

First, they were seeking clarification of whether EPA intended to
continue to regulate spent lead acid battery under 40 CFR 266 rather
than under the proposed exclusion.  Although the proposal was clear that
materials subject to other solid waste exclusions would continue to be
regulated under their original exclusion, the proposal is silent on
other exclusions and exemptions.  EPA explained that we had not
considered whether non-solid waste exclusions would “trump” the
proposed exclusions, although in general our intent was that the
specific requirements of the solid waste exclusions would still need to
be followed.  EPA urged ABR to submit specific comments on this issue.

Second, ABR pointed out that even if whole batteries remained subject to
the 40 CFR 266 exclusion, the issue of battery breaking would need to be
resolved.  Right now, battery breaking is not allowed under 40 CFR 266,
but it might appear to be permissible under the proposed exclusions.

Third, ABR was interested in clarification of the export requirements
for spent lead acid batteries.  EPA explained that was being addressed
in a separate rulemaking effort, led by Laura Coughlan.

Finally, ABR sought clarification of whether the proposed exclusion
would be considered less stringent than the current regulations, in
which case the states would not have to adopt the regulatory changes.  
EPA repeated the explanation from the preamble that the proposed
exclusions were in fact less stringent that the current regs.

Matt Hale			Environmental Protection Agency

Charlotte Mooney		Environmental Protection Agency

Tracy Atagi			Environmental Protection Agency

Marilyn Goode		Environmental Protection Agency

Laura Coughlan		Environmental Protection Agency

Marybeth Sheridan		Environmental Protection Agency

Amanda Geldard		Environmental Protection Agency

Michael Wigmore		Bingham Mccutchen for ABR

