6 CCR 1007-3-267.80 - 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 Part 273 of these regulations.

If your batteries * * *	And if you * * *	Then you * * *	And you * * *
(1) Will be reclaimed through regeneration (such as by electrolyte replacement).	.....................	are exempt from Parts 262 (except for § 262.11), 263, 264, 265, 267, 268, and Part 100 of these regulations, and the notification requirements of Part 99 of these regulations.	are subject to Part 261 and § 262.11 of these regulations.
(2) Will be reclaimed other than through regeneration.	generate, collect and/or transport these batteries.	are exempt from Parts 262 (except for § 262.11), 263, 264, 265, 267, and Part 100 of these regulations, and the notification requirements of Part 99 of these regulations.	are subject to Part 261, § 262.11, and applicable provisions under Part 268 of these regulations.
(3) Will be reclaimed other than through regeneration.	store these batteries but you aren't the reclaimer.	are exempt from Parts 262 (except for § 262.11), 263, 264, 265, 267, and Part 100 of these regulations, and the notification requirements of Part 99 of these regulations.	are subject to Part 261, § 262.11, and applicable provisions under Part 268 of these regulations.
(4) Will be reclaimed other than through regeneration.	store these batteries before you reclaim them.	must comply with § 267.80(b) of these regulations and as appropriate other regulatory provisions described in § 267.80(b).	are subject to Part 261,§ 262.11, and applicable provisions under Part 268 of these regulations.
(5) Will be reclaimed other than through regeneration.	don't store these batteries before you reclaim them.	are exempt from Parts 262 (except for § 262.11), 263, 264, 265, 267, and Part 100 of these regulations, and the notification requirements of Part 99 of these regulations.	are subject to Part 261, § 262.11, and applicable provisions under Part 268 of these regulations.
(6) Will be reclaimed through regeneration or any other means.	export these batteries for reclamation in a foreign country.	are exempt from Parts 262 (except for § 262.11, § 262.18, and Subpart H), 263, 264, 265, 267, 268 and Part 100 of these regulations, and the notification requirements of Part 99 of these regulations.	are subject to Part 261, § 262.11, § 262.18, and Part 262, Subpart H.
(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 Parts 263, 264, 265, 267, 268 and Part 100 of these regulations, and the notification requirements of Part 99 of these regulations.	must comply with applicable requirements in Part 262, Subpart H.
(8) Will be reclaimed other than through regeneration.	Import these batteries from foreign country and store these batteries but you aren't the reclaimer.	are exempt from Parts 262 (except for § 262.11, § 262.18, and Subpart H), 263, 264, 265, 267, 268 and Part 100 of these regulations, and the notification requirements of Part 99 of these regulations.	are subject to Part 261, § 262.11, § 262.18, Part 262 Subpart H, and applicable provisions under Part 268.
(9) Will be reclaimed other than through regeneration.	Import these batteries from foreign country and store these batteries before you reclaim them.	must comply with Part 267.80(b) and as appropriate other regulatory provisions described in § 267.80(b).	are subject to Part 261, § 262.11, § 262.18, Part 262 Subpart H, and applicable provisions under Part 268.
(10) Will be reclaimed other than through regeneration.	Import these batteries from foreign country and don't store these batteries before you reclaim them.	Are exempt from Parts 262 (except for § 262.11, § 262.18, and Subpart H), 263, 264, 265, 267, and Part 100 of these regulations, and the notification requirements of Part 99 of these regulations.	are subject to Part 261, § 262.11, § 262.18, Part 262 Subpart H, and applicable provisions under Part 268.

(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 Part 99 of these regulations.

(ii) All applicable provisions in Subpart A of Part 265 of these regulations.

(iii) All applicable provisions in Subpart B of Part 265 of these regulations except § 265.13 (waste analysis).

(iv) All applicable provisions in Subparts C and D of Part 265 of these regulations.

(v) All applicable provisions in Subpart E of Part 265 of these regulations 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 these regulations.

(vii) All applicable provisions in Part 100 of these regulations.

(2) For Permitted Facilities.

(i) Notification requirements under Part 99 of these regulations.

(ii) All applicable provisions in Subpart A of Part 264 of these regulations.

(iii) All applicable provisions in Subpart B of Part 264 of these regulations except § 264.13 (waste analysis).

(iv) All applicable provisions in Subparts C and D of Part 264 of these regulations.

(v) All applicable provisions in Subpart E of Part 264 of these regulations except § § 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 these regulations.

(vii) All applicable provisions in Part 100 of these regulations.

Notes

6 CCR 1007-3-267.80

37 CR 24, December 25, 2014, effective 3/2/2015 38 CR 11, June 10, 2015, effective 6/30/2015 39 CR 05, March 10, 2016, effective 3/30/2016 39 CR 11, June 10, 2016, effective 6/30/2016 40 CR 06, March 25, 2017, effective 4/14/2017 40 CR 11, June 10, 2017, effective 6/30/2017 40 CR 21, November 10, 2017, effective 11/30/2017 41 CR 06, March 25, 2018, effective 4/14/2018 41 CR 11, June 10, 2018, effective 6/30/2018 41 CR 24, December 25, 2018, effective 1/14/2019 42 CR 06, March 25, 2019, effective 4/14/2019 42 CR 06, March 25, 2019, effective 5/30/2019 42 CR 11, June 10, 2019, effective 6/30/2019 43 CR 12, June 25, 2020, effective 7/15/2020 44 CR 06, March 25, 2021, effective 4/14/2021 44 CR 11, June 10, 2021, effective 6/30/2021 44 CR 24, December 25, 2021, effective 1/14/2022 45 CR 11, June 10, 2022, effective 6/30/2022 45 CR 17, September 10, 2022, effective 9/10/2022 45 CR 17, September 10, 2022, effective 9/30/2022 45 CR 23, December 10, 2022, effective 1/30/2023