From
http://es.epa.gov/techinfo/facts/pro-act5.html
Toxicity
To determine if a waste exhibits the characteristic of toxicity, the EPA requires the waste to be evaluated using the Toxicity Characteristic Leaching Procedure (TCLP). The procedure involves obtaining a TCLP extract and analyzing that extract for the constituents that are regulated. The criteria for determining toxicity is a comparison of the contaminant concentration in the extract with a stipulated chemical-specific regulatory limit. If the extract concentration exceeds the TCLP limit, the waste source of the extract exhibits the characteristic of toxicity and is classified as a hazardous waste.
Martin Marietta Energy Systems, Inc., under contract to the U.S. Army Toxic and Hazardous Material Agency, conducted a study to test six battery types to ensure that the batteries are disposed of in compliance with applicable laws and regulations.
The Martin Marietta study conducted a TCLP for each battery type including the alkaline battery. Aquatic bioassays(1) were also conducted to further characterize the toxicity of the battery leachates. Such tests may be required by states before the batteries can be disposed.
The states of California, Washington, Minnesota, Alaska, and Rhode Island have bioassay requirements to determine if a waste is hazardous.
Results from the Martin Marietta study were reported in 1992. Tables 1 and 2 summarize the TCLP results, which concluded that the alkaline batteries tested did not exceed TCLP limits and therefore do not exhibit the characteristic of toxicity.
The aquatic bioassay analyses indicate that alkaline batteries would be classified as hazardous waste in those states which require a bioassay to characterize wastes. However, alkaline batteries disposed as household waste may be exempt from these stricter requirements. Your state regulatory authorities should be contacted to obtain a current interpretation.