(a) Are spent lead-acid batteries exempt from hazardous waste management requirements? If you generate, collect, transport, store, or regenerate lead-acid batteries for reclamation purposes, you may be exempt from certain hazardous waste management requirements. Use the following table to determine which requirements apply to you. Alternatively, you may choose to manage your spent lead-acid batteries under the ``Universal Waste'' rule in 40 CFR part 273. ----------------------------------------------------------------------------------------------------------------
(1) Will be reclaimed through ....................... are exempt from 40 CFR are subject to 40 CFR
regeneration (such as by electrolyte parts 262 (except for parts 261 and Sec.
replacement). Sec. 262.11), 263, 262.11 of this
264, 265, 266, 268, chapter.
270, 124 of this
chapter, and the
notification
requirements at
section 3010 of RCRA.(2) Will be reclaimed other than generate, collect, and/ are exempt from 40 CFR are subject to 40 CFR
through regeneration. or transport these parts 262 (except for parts 261 and Sec.
batteries. Sec. 262.11), 263, 262.11, and applicable
264, 265, 266, 270, provisions under part
124 of this chapter, 268.
and the notification
requirements at
section 3010 of RCRA.(3) Will be reclaimed other than store these batteries are exempt from 40 CFR are subject to 40 CFR
through regeneration. but you aren't the parts 262 (except for parts 261, Sec.
reclaimer. Sec. 262.11), 263, 262.11, and applicable
264, 265, 266, 270, provisions under part
124 of this chapter, 268.
and the notification
requirements at
section 3010 of RCRA.(4) Will be reclaimed other than store these batteries must comply with 40 CFR are subject to 40 CFR
through regeneration. before you reclaim 266.80(b) and as parts 261, Sec.
them. appropriate other 262.11, and applicable
regulatory provisions provisions under part
described in 266.80(b). 268.(5) Will be reclaimed other than don't store these are exempt from 40 CFR are subject to 40 CFR
through regeneration. batteries before you parts 262 (except for parts 261, Sec.
reclaim them. Sec. 262.11), 263, 262.11, and applicable
264, 265, 266, 270, provisions under part
124 of this chapter, 268.
and the notification
requirements at
section 3010 of RCRA.
(6) Will be reclaimed through export these batteries are exempt from 40 CFR are subject to 40 CFR
regeneration or any other means. for reclamation in a parts 263, 264, 265, part 261 and Sec.
foreign country. 266, 268, 270, 124 of 262.11, and either
this chapter, and the must comply with 40
notification CFR part 262, subpart
requirements at H (if shipping to one
section 3010 of RCRA. of the OECD countries
You are also exempt specified in 40 CFR
from part 262, except 262.58(a)(1)), or
for 262.11, and except must:
for the applicable (a) Comply with the
requirements in requirements
either: (1) 40 CFR applicable to a
part 262 subpart H; or primary exporter in 40
(2) 262.53 CFR 262.53, 262.56(a)
``Notification of (1) through (4), (6),
Intent to Export, and (b) and 262.57;
262.56(a)(1) through and
(4)(6) and (b) (b) Export these
``Annual Reports,'' batteries only upon
and 262.57 consent of the
``Recordkeeping''. receiving country and
in conformance with
the EPA
Acknowledgement of
Consent as defined in
subpart E of part 262
of this chapter; and
(c) Provide a copy
of the EPA
Acknowledgment of
Consent for the
shipment to the
transporter
transporting the
shipment for
export.(7) Will be reclaimed through Transport these are exempt from 40 CFR must comply with
regeneration or any other means. batteries in the U.S. parts 263, 264, 265, applicable
to export them for 266, 268, 270, 124 of requirements in 40 CFR
reclamation in a this chapter, and the part 262, subpart H
foreign country. notification (if shipping to one of
requirements at the OECD countries
section 3010 of RCRA. specified in 40 CFR
262.58(a)(1)), or must
comply with the
following:
(a) you may not
accept a shipment
if you know the
shipment does not
conform to the EPA
Acknowledgment of
Consent;
(b) you must ensure
that a copy of the
EPA Acknowledgment
of Consent
accompanies the
shipment; and
(c) you must ensure
that the shipment
is delivered to the
facility designated
by the person
initiating the
shipment.----------------------------------------------------------------------------------------------------------------
(b) If I store spent lead-acid batteries before I reclaim them but not through regeneration, which requirements apply? The requirements of paragraph (b) of this section apply to you if you store spent lead-acid batteries before you reclaim them, but you don't reclaim them through regeneration. The requirements are slightly different depending on your RCRA permit status.
(1) For Interim Status Facilities, you must comply with:
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 265 of this chapter.
(iii) All applicable provisions in subpart B of part 265 of this chapter except Sec. 265.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 265 of this chapter.
(v) All applicable provisions in subpart E of part 265 of this chapter except Sec. Sec. 265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 265 of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this chapter.
(viii) All applicable provisions in part 267 of this chapter.
(2) For Permitted Facilities:
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 264 of this chapter.
(iii) All applicable provisions in subpart B of part 264 of this chapter (but not Sec. 264.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 264 of this chapter.
(v) All applicable provisions in subpart E of part 264 of this chapter (but not Sec. 264.71 or Sec. 264.72 (dealing with the use of the manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 264 of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this chapter.
(viii) All applicable provisions in part 267 of this chapter. [63 FR 71229, Dec. 24, 1998, as amended at 71 FR 40277, July 14, 2006; 75 FR 13007, Mar. 18, 2010; 75 FR 1261, Jan. 8, 2010]