ECAR Fact Sheet for New Hampshire
Batteries

Regulations
Self-Audit Checklist
Best Management Practices
Contacts
Related ECAR Fact Sheets
Other Relevant Resources

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The following fact sheet was prepared by the ECAR Center staff. Once prepared, each ECAR Center fact sheet undergoes a review process with the applicable state environmental agency(ies). You can check on the status of the review process here. Please read the disclaimer on the status page. While we have tried to present a summary of the essential information on this topic, you should be aware that other items, such as local regulations, may apply to you.

What You Need to Know

An estimated 400,000 used motor vehicle batteries are discarded in New Hampshire each year. These include lead-acid batteries used in cars, trucks, motorcycles and recreational vehicles.  An average motor vehicle battery contains sulfuric acid and 18 to 20 pounds of lead.

Landfilling and incineration of these batteries could pose a serious threat to the health and the environment because of the lead they contain. Lead, a toxic heavy metal, may leach from batteries disposed of in unlined landfills and contaminate ground water and surface water.  If incinerated in a municipal solid waste incinerator, volatilized lead from batteries may be released via flue gases and also remain in the resultant bottom ash. 

Because batteries contain lead and sulfuric acid, lead-acid battery disposal is fully regulated as a hazardous waste management activity. When intact lead-acid batteries are recycled, the handling requirements are relaxed, but the batteries are still subject to limited hazardous waste regulations. This fact sheet will tell you:

• How to determine whether spent batteries should be considered a hazardous waste.
• What you need to do to handle batteries in compliance with the rules that apply to you.

The New Hampshire Department of Environmental Services (DES) has prepared a guidance document to help auto recyclers manage lead-acid batteries. Much of the information is included in the fact sheet below. You can access the DES’s “Management of Used Motor Vehicle Batteries,” under Other Relevant Resources.

Regulations

Since January 1, 1991, New Hampshire law has prohibited the disposal of lead-acid batteries in solid waste landfills or incinerators in the State. The law encourages the recycling of lead-acid batteries.

You may choose to manage your spent lead-acid batteries under the "Universal Waste" rule, which is a special EPA designation. EPA developed universal waste regulations to encourage recycling of certain specific wastes. These rules are less demanding than the hazardous waste rules.

Generator Status. You are not required to include lead-acid batteries and other universal wastes in your calculation of generator status. Universal wastes, when recycled, are not subject to the generator fee.

Universal Waste Consolidation. You may collect lead-acid batteries from other sites or generators without a permit, provided you meet the handler requirements of the Universal Waste Rule.

Requirements for Small and Large Quantity Handlers. Handlers of lead-acid batteries must meet the requirements of the Universal Waste Rule. A "handler" of lead-acid batteries means:

• A generator of lead-acid batteries, or
• An owner or operator of a facility that receives lead-acid batteries from other handlers, accumulates the batteries, and sends the batteries to another handler or to a destination facility.

Universal Waste Handlers. Universal waste handlers are either large quantity or small quantity handlers based on the quantity of waste managed.

• Small Quantity Handlers may accumulate no more than a combined total of 5,000 kilograms of waste batteries and other universal wastes on-site at any time. Approximately 220 five-gallon pails (about 50 pounds each) or 20 55-gallon drums (550 pounds each) of waste batteries would equal 11,023 pounds (approximately 5,000 kilograms).
• Large Quantity Handlers may accumulate more than 5,000 kilograms, combined total of waste batteries and other universal wastes on-site at any time by complying with the additional requirements for large quantity handlers.
• A handler who is managing only universal waste batteries is exempt from the General Requirements for Very Large Quantity Universal Waste Handlers" of the Universal Waste Rule.

Allowable Activities. You may conduct the following activities, as long as the casing of each individual battery cell is not breached and remains intact and closed, except that cells may be opened to remove electrolyte but must be immediately closed after removal. You may:

• Sort the batteries by type.
• Mix battery types in one container.
• Discharge batteries to remove the electric charge.
• Regenerate used batteries.
• Disassemble batteries or battery packs into individual batteries or cells.
• Remove batteries from consumer products.
• Remove electrolyte from batteries (although DES discourages this activity by handlers due to increased risk).

If you remove electrolyte and/or generating waste resulting from the activities above, you must determine if the waste and/or electrolyte is a hazardous or a solid waste. Once the determination has been made, the wastes or electrolyte must be handled in a way that complies with the appropriate federal and state rules. If any of the wastes exhibit a characteristic of a hazardous waste, you become the generator of that hazardous waste and must comply with the requirements of the state’s hazardous waste rules.

Labeling.  Clearly label or mark each battery or container of waste batteries with any one of the following phrases: "Universal Waste - Battery (ies)," "Waste Battery (ies)," or "Used Battery (ies)."

Accumulation Time Limits. Lead-acid batteries may be accumulated for no longer than one year from the date the batteries are first generated, or received from another handler. The one-year time limit may only be extended if longer storage time is required to facilitate proper recovery, treatment, or disposal. The need for an extended time must be demonstrated, documented, and approved by the DES.

You must indicate the length of time the lead-acid batteries have been accumulated starting from the date the batteries became waste or were received. You may accomplish this by:

• Marking or labeling containers with the starting accumulation date; or
• Maintaining an inventory system on-site that identifies the earliest date waste batteries were added to a container or received from off-site; or
• Any other method that clearly demonstrates the length of time that the batteries are accumulated, from the date it becomes a waste or is received.

Training. You must inform all employees who handle or have responsibility for managing lead-acid batteries of appropriate handling and emergency procedures.

Off-Site Shipments. You are prohibited from sending or taking lead-acid batteries to a place other than another handler, a battery recycling facility or a hazardous waste treatment, storage or disposal facility.

Before sending a shipment of lead-acid batteries to another handler or destination facility, you must ensure that the receiving handler agrees to receive the shipment.

Shipments must meet all applicable U.S. Department of Transportation (DOT) and New Hampshire Department of Safety (NH DOS) regulations for lead-acid batteries.

If a lead-acid battery shipment is rejected by an intermediate handler or destination facility, arrangements must be made by the originating handler to receive the batteries back when notified that the shipment has been rejected, or send the battery shipment to an alternate facility.

Exports. If you send lead-acid batteries to a foreign destination, you must comply with the requirements for international shipments under the New Hampshire Universal Waste Rule.

Transporting Lead-Acid Batteries. Transporters are not required to obtain a New Hampshire hazardous waste transporter registration or use a hazardous waste manifest for lead-acid batteries, but must meet all applicable US DOT and NH DOS regulations.

Transporters are prohibited from sending or taking lead-acid batteries to a place other than another handler, an authorized battery recycling facility, or an authorized hazardous waste treatment, transfer, storage or disposal facility.

Transporters who remove lead-acid batteries from their vehicles and stage them for 10 days or less are not required to obtain a hazardous waste transfer facility permit, but are subject to US DOT regulations and must also meet the universal waste handler requirements.

Transporters taking waste batteries to a foreign destination must comply with the requirements for exports.

Handling Broken or Damaged Lead-Acid Batteries. You must manage lead-acid batteries in a way that prevents releases to the environment. Any batteries that show evidence of leaking must be stored in a closed, structurally sound container that is compatible with the contents of the battery. This container must not be allowed to leak or spill. The requirements below apply to both handlers (generators) and transporters.

• Immediately contain and clean up all releases from broken, leaking or damaged batteries. Place any broken or damaged batteries and any residues resulting from breakage or damage in a secure container.
• The container must be closed and sealed, structurally sound and compatible with the broken batteries. Ensure the container is clean, if it is contaminated with other chemicals, those substances may react with the batteries.
• Manage any residues resulting from the cleanup of battery spills or leaks that exhibit a characteristic of hazardous waste. The handler is considered the generator of the residues and other cleanup waste.
• Any releases which pose a threat to human health or the environment must be reported immediately to DES at 603-271-3899, or, if after hours, to the NH DOS Hazmat Unit at 800-346-4009, and to the municipality in which the release occurred.

Links to the Regulations. Use the following links to view the regulations pertaining to battery management.

New Hampshire Universal Waste Management Requirements

New Hampshire Hazardous Waste Management Requirements

Self-Audit Checklist

When an inspector comes to your facility, there are certain things he or she checks to see if you are in compliance with environmental regulations. It makes good sense for you to perform a "self-audit" and catch and correct problems before they result in penalties. Also, there are some compliance incentives associated with self-audits (see Audit Policy Page).

Use the following list to audit your battery storage and management procedures.

1. Has the facility made a size determination (SQHUW vs. LQHUW)? Review records and current inventory to verify the size determination was correct.
2. If the facility is a LQHUW, they are required to have an EPA Identification Number. Verify that the facility has an EPA Identification Number.
3. All handlers of universal waste are required to meet specific accumulation time limits. Verify that the facility has a system in place to determine accumulation times and that no used batteries have been on-site for more that one year.
4. All handlers of universal waste are required to manage the batteries and other solid waste generated from battery activities according to specific parameters and procedures. Verify that universal waste batteries are managed in a way that prevents releases of any batteries or battery components to the environment. Verify that batteries that show evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable condition are stored in a container. Verify that containers are closed, structurally sound, compatible with the contents of the battery, and lack evidence of leakage, spillage, or damage that could cause leakage.
5. All handlers of universal waste are required to manage releases according to specific procedures. Verify that all releases of waste battery residues are immediately contained. Verify that the handler determines if the material resulting from the release is a hazardous waste. Verify that if the material is hazardous waste, it is handled appropriately in accordance with all applicable RCRA requirements.
6. All employees who handle or have responsibility for managing universal wastes are required to be trained. Verify that all employees have been trained in the proper handling and emergency response procedures relative to their responsibilities during normal facility operations and emergencies.
7. Universal waste batteries are required to be labeled. Verify that universal waste batteries (each battery), or a container in which the batteries are contained, are labeled or marked clearly with any one of the following phrases:

• UNIVERSAL WASTE BATTERY(IES)
• WASTE BATTERY(IES)
• USED BATTERY(IES).

Best Management Practices (BMPs)

Most regulations tell you what you have to do to be in compliance, but they don’t explain how to do it. That’s where "best management practices" come into play. BMPs are proven methods that help you to get into compliance and stay there. The following BMPs are recommended for battery storage areas and management procedures.

• Store rechargeable batteries that are not fully discharged so that their electrodes do not come in contact with the electrodes of another battery or a metal object (e.g., the inside of a metal drum).
• Do not tightly seal battery containers. This is to avoid the build up of hydrogen gas.
• Keep batteries dry. Storage of batteries under a cover or in a building works best, especially since some batteries can react with the water.
• Store batteries away from sources of sparks or flames.
• Do not store leaking batteries with non-leaking ones; acids from the insides of some batteries may corrode the other batteries.

Contacts

1. For more information, contact the New Hampshire DES Waste Management Division at
   603-271-2900.
2. To report a spill or leak during business hours, call the DES at 603-271-3899. If after hours or the weekend, call the New Hampshire State Police Hazardous Material Response at 800-346-4009 (in-state), or 603-271-3636 (out-of-state).
3. To report an environmental incident or complaint, contact the nearest regional office or link to the DES Public Information Center.

Related ECAR Fact Sheets

1. Hazardous Waste

Other Relevant Resources

1. New Hampshire – Management of Used Motor Vehicle Batteries
2. New Hampshire – Lead-Acid Battery Best Management Practices

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