---
kind: "section"
citation: "40 C.F.R. § 273.2"
title: "40"
number: "273.2"
heading: "Applicability—batteries."
url: "https://uscodex.org/cfr/40/273.2"
---

# §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 [§ 273.9](/cfr/40/273.9.md), except those listed in [paragraph (b)](#b) of this section.
  - (2) Spent lead-acid batteries which are not managed under [40 CFR part 266](/cfr/40/part266.md), [subpart G](/cfr/40/subpartG.md), 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 [§ 273.9](/cfr/40/273.9.md), that are not yet wastes under [part 261](/cfr/40/part261.md) of this chapter, including those that do not meet the criteria for waste generation in [paragraph (c)](#c) of this section.
  - (3) Batteries, as described in [§ 273.9](/cfr/40/273.9.md), that are not hazardous waste. A battery is a hazardous waste if it exhibits one or more of the characteristics identified in [part 261](/cfr/40/part261.md), [subpart C](/cfr/40/subpartC.md) 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.**

## Notes

### Amendments

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

### Authority

Authority: 42 U.S.C. 6922, 6923, 6924, 6925, 6930, and 6937.

### Source

Source: 60 FR 25542, May 11, 1995, unless otherwise noted.

### Amendments

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