Haw. Code R. § 11-266.1-9 - Amendments to the incorporation of 40 C.F.R. part 266, subpart G

The incorporation by reference of 40 C.F.R. part 266, subpart G is amended by replacing 40 C.F.R. section 266.80 in its entirety to read:

"§266.80 Applicability and requirements.

The rules of this section apply to persons who handle spent lead-acid batteries that are recyclable materials ("spent batteries").

(a) Persons who generate, transport, collect, or store spent batteries that will be reclaimed (other than through regeneration) but do not reclaim them are subject to regulation under chapter 11-273.1. (Note: Batteries that will be regenerated are not a solid waste and thus are not a regulated hazardous waste.)

(b) Owners or operators of facilities that reclaim spent lead-acid batteries on-site (other than through regeneration) are subject to the following requirements:

(1) Chapter 11-261.1;

(2) 40 C.F.R. sections 262.11 and 262.18, as incorporated and amended in section 11-262.1-1;

(3) For permitted facilities, all applicable provisions in 40 C.F.R. part 264, subparts A to L, as incorporated and amended in section 11-264.1-1, except 40 C.F.R. sections 264.13, 264.71, and 264.72;

(4) For interim status facilities, all applicable provisions in 40 C.F.R. part 265, subparts A to L, as incorporated and amended in section 11-265.1-1, except 40 C.F.R. sections 265.13, 265.71, and 265.72; and

(5) All applicable provisions in chapters 11-268.1 to 11-271.1.

(c) Persons who export spent lead-acid batteries for reclamation (including regeneration) in a foreign country are subject to the following requirements:

(1) Chapter 11-261.1; and

(2) 40 C.F.R. sections 262.11 and 262.18 and 40 C.F.R. part 262, subpart H, as incorporated and amended in section 11-262.1-1.

(d) Persons who transport spent lead-acid batteries in the U.S. to export them for reclamation (including regeneration) in a foreign country are subject to the requirements of 40 C.F.R. part 262, subpart H, as incorporated and amended in section 11-262.1-1.

(e) Persons who import spent lead-acid batteries from a foreign country for reclamation (other than through regeneration) and store and/or reclaim these batteries are subject to the following requirements:

(1) Chapter 11-261.1;

(2) 40 C.F.R. sections 262.11 and 262.18 and 40 C.F.R. part 262, subpart H, as incorporated and amended in section 11-262.1-1; and

(3) Applicable provisions of chapter 11-268.1."

Notes

Haw. Code R. § 11-266.1-9

[Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-32, 342J-33, 342J-34, 342J-34.5, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-32, 342J-33, 342J-34, 342J-34.5, 342J-35) Am and Comp 9/30/2018 Comp 6/25/2020 Am and comp 6/7/2021 Comp 1/29/2024