40 Protection of Environment 28 2012-07-01 2012-07-01 false Applicability and requirements. 266.80 Section 266.80 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) SOLID WASTES (CONTINUED) STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES Spent Lead-Acid Batteries Being Reclaimed
§ 266.80 Applicability and requirements.

(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.

If your batteries . . . And if you . . . Then you . . . And you . . . (1) Will be reclaimed through regeneration (such as by electrolyte replacement) are exempt from 40 CFR parts 262 (except for § 262.11), 263, 264, 265, 266, 268, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA are subject to 40 CFR parts 261 and § 262.11 of this chapter. (2) Will be reclaimed other than through regeneration generate, collect, and/or transport these batteries are exempt from 40 CFR parts 262 (except for § 262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA are subject to 40 CFR parts 261 and § 262.11, and applicable provisions under part 268. (3) Will be reclaimed other than through regeneration store these batteries but you aren't the reclaimer are exempt from 40 CFR parts 262 (except for § 262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA are subject to 40 CFR parts 261, § 262.11, and applicable provisions under part 268. (4) Will be reclaimed other than through regeneration store these batteries before you reclaim them must comply with 40 CFR 266.80(b) and as appropriate other regulatory provisions described in 266.80(b) are subject to 40 CFR parts 261, § 262.11, and applicable provisions under part 268. (5) Will be reclaimed other than through regeneration don't store these batteries before you reclaim them are exempt from 40 CFR parts 262 (except for § 262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA are subject to 40 CFR parts 261, § 262.11, and applicable provisions under part 268. (6) Will be reclaimed through regeneration or any other means export these batteries for reclamation in a foreign country are exempt from 40 CFR parts 263, 264, 265, 266, 268, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA. You are also exempt from part 262, except for 262.11, and except for the applicable requirements in either: (1) 40 CFR part 262 subpart H; or (2) 262.53 “Notification of Intent to Export, 262.56(a)(1) through (4)(6) and (b) “Annual Reports,” and 262.57 “Recordkeeping” are subject to 40 CFR part 261 and § 262.11, and either must comply with 40 CFR part 262, subpart H (if shipping to one of the OECD countries specified in 40 CFR 262.58(a)(1)), or must:
  • (a) Comply with the requirements applicable to a primary exporter in 40 CFR 262.53, 262.56(a) (1) through (4), (6), and (b) and 262.57; and
  • (b) Export these batteries only upon consent of the 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 regeneration or any other means Transport these batteries in the U.S. to export them for reclamation in a foreign country are exempt from 40 CFR parts 263, 264, 265, 266, 268, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA must comply with applicable requirements in 40 CFR part 262, subpart H (if shipping to one of the OECD countries 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 § 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 §§ 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 § 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 § 264.71 or § 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]