Ohio Admin. Code 3745-266-80 - Applicability and requirements - spent lead-acid batteries being reclaimed

(A) Are spent lead-acid batteries exempt from hazardous waste management requirements? If you generate, collect, transport, store, or regenerate If an owner or operator generates, collects, transports, stores, or regenerates lead-acid batteries for reclamation purposes, you the owner or operator may be exempt from certain hazardous waste management requirements. Use the following table in this paragraph to determine which requirements apply to you. Alternatively, you the owner or operator may choose to manage your the owner's or operator's spent lead-acid batteries under Chapter 3745-273 of the Administrative Code.

If your the owner's or operator's batteries...	And if you the owner or operator...	Then you the owner or operator...	And you the owner or operator...
(1) Are reclaimed through regeneration (such as by electrolyte replacement)	--	Are Is exempt from the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, Chapters 3745-50, 3745-52 (except for rule 3745-52-11 of the Administrative Code), 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69, 3745-205, and 3745-256, 3745-266 (except for this rule), and 3745-270 of the Administrative Code	Are Is subject to Chapter 3745-51 and rule 3745-52-11 of the Administrative Code
(2) Are reclaimed other than through regeneration	Generate, collect, or transport Generates, collects, or transports these batteries	Are Is exempt from the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, Chapters 3745-50, 3745-52 (except for rule 3745-52-11 of the Administrative Code), 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69, 3745-205, and 3745-256, and 3745-266 of the Administrative Code (except for this rule)	Are Is subject to Chapter 3745-51 and rule 3745-52-11 of the Administrative Code, and applicable provisions in Chapter 3745-270 of the Administrative Code
(3) Are reclaimed other than through regeneration	Store Stores these batteries but you aren't the owner or operator is not the reclaimer	Are Is exempt from the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, Chapters 3745-50, 3745-52 (except for rule 3745-52-11 of the Administrative Code), 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69, 3745-205, and 3745-256, and 3745-266 of the Administrative Code (except for this rule)	Are Is subject to Chapter 3745-51 and rule 3745-52-11 of the Administrative Code, and applicable provisions in Chapter 3745-270 of the Administrative Code
(4) Are reclaimed other than through regeneration	Store Stores these batteries before you reclaim the owner or operator reclaims these batteries	Shall comply with paragraph (B) of this rule, and as appropriate, other regulatory provisions described in paragraph (B) of this rule (See paragraph (A) [Comment 2] of this rule. paragraph)	Are Is subject to Chapter 3745-51 and rule 3745-52-11 of the Administrative Code, and applicable provisions in Chapter 3745-270 of the Administrative Code
(5) Are reclaimed other than through regeneration	Don't Does not store these batteries before you reclaim the owner or operator reclaims these batteries	Are Is exempt from the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, Chapters 3745-50, 3745-52 (except for rule 3745-52-11 of the Administrative Code), 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69, 3745-205, and 3745-256, and 3745-266 of the Administrative Code (except for this rule)	Are Is subject to Chapter 3745-51 and rule 3745-52-11 of the Administrative Code, and applicable provisions in Chapter 3745-270 of the Administrative Code
(6) Are reclaimed through regeneration or any other means	Export Exports these batteries for reclamation in a foreign country	Are Is exempt from the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, Chapters 3745-50, 3745-52 (except for rules 3745-52-11 , and and 3745-52-18, and 3745-52-80 of the Administrative Code), and 40 CFR Part 262 subpart H), 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69, 3745-205, and 3745-256, 3745-266 (except for this rule), and 3745-270 of the Administrative Code	Are Is subject to Chapter 3745-51 and rules 3745-52-11 , and 3745-52-18, and 3745-52-80 of the Administrative Code, and 40 CFR Part 262 subpart H
(7) Are reclaimed through regeneration or any other means	Transport Transports these batteries in the United States to export these batteries for reclamation in a foreign country	Are Is exempt from the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, Chapters 3745-50, 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69, 3745-205, and 3745-256, 3745-266 (except for this rule), and 3745-270 of the Administrative Code	Shall comply with applicable requirements in provisions of rule 3745-52-80 of the Administrative Code and 40 CFR Part 262 subpart H
(8) Are reclaimed other than through regeneration	Import Imports these batteries from foreign country and store these batteries, but you aren't the owner or operator is not the reclaimer	Are exempt from the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, Chapters 3745-50, 3745-52 (except for rules 3745-52-11, 3745-52-18, and 3745-52-80 of the Administrative Code, and 40 CFR Part 262 subpart H), 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69, 3745-205, and 3745-256, and 3745-266 (except for this rule), and 3745-270 of the Administrative Code	Are Is subject to Chapter 3745-51 and rules 3745-52-11 , and 3745-52-18, and 3745-52-80 of the Administrative Code, and applicable provisions of Chapter 3745-270 of the Administrative Code, and 40 CFR Part 262 subpart H
(9) Are reclaimed other than through regeneration	Import Imports these batteries from foreign country and store stores these batteries before you reclaim the owner or operator reclaims these batteries	Shall comply with paragraph (B) of this rule, and, as appropriate, other regulatory provisions described in paragraph (B) of this rule (See paragraph (A) [Comment 2] of this rule. paragraph)	Are Is subject to Chapter 3745-51 and rules 3745-52-11 , and 3745-52-18, and 3745-52-80 of the Administrative Code, applicable provisions of Chapter 3745-270 of the Administrative Code, and 40 CFR Part 262 subpart H
(10) Are reclaimed other than through regeneration	Import Imports these batteries from foreign country and don't does not store these batteries before you reclaim the owner or operator reclaims these batteries	Are Is exempt from the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, Chapters 3745-50, 3745-52 (except for rules 3745-52-11 , and 3745-52-18, and 3745-52-80 of the Administrative Code, and 40 CFR Part 262 subpart H), 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69, 3745-205, and 3745-256, 3745-266 (except for this rule), and 3745-270 of the Administrative Code	Are Is subject to Chapter 3745-51 and rules 3745-52-11 , and 3745-52-18, and 3745-52-80 of the Administrative Code, applicable provisions of Chapter 3745-270 of the Administrative Code, and 40 CFR Part 262 subpart H

[Comment 1: The exercise of foreign relations and international commerce powers is reserved to the federal government under the Constitution. These responsibilities are not delegable to the states. Therefore, the importation and exportation of hazardous waste into and out of the United States is solely regulated by the federal government.]

[Comment 2: Owners or operators who store lead acid batteries for less than seventy-two-hours prior to reclaiming as described in paragraphs (A)(4) and (A)(9) of this rule, may comply with paragraph (C)(3) of rule 3745-51-06 of the Administrative Code in lieu of paragraph (B) of this rule.]

(B) If I store spent lead-acid batteries before I reclaim the lead-acid batteries but not through regeneration, which requirements apply? Paragraph (B) of this rule This paragraph applies to you if you owners or operators if owners or operators store spent lead-acid batteries before you owners or operators reclaim the lead-acid batteries, but you owners or operators don't reclaim the lead-acid batteries through regeneration. The following requirements are slightly different, depending on your the owner's or operator's hazardous waste management permit status:

(1) For facilities with a permit by rule, you the owner or operator shall comply with:

(a) The requirement to notify Ohio EPA or U.S. EPA of regulated waste activity.

(b) All applicable provisions in rule 3745-65-01 of the Administrative Code.

(c) All applicable provisions in rules 3745-65-10 to 3745-65-19 of the Administrative Code except rule 3745-65-13 of the Administrative Code (waste analysis).

(d) All applicable provisions in rules 3745-65-30 to 3745-65-37 and 3745-65-50 to 3745-65-56 of the Administrative Code.

(e) All applicable provisions in rules 3745-65-70 to 3745-65-77 of the Administrative Code except rules 3745-65-71 and 3745-65-72 of the Administrative Code (dealing with the use of the manifest and manifest discrepancies).

(f) All applicable provisions in rules 3745-65-90 to 3745-65-94, 3745-67-20 to 3745-67-31, and 3745-67-50 to 3745-67-60, and Chapter 3745-66 of the Administrative Code.

(g) All applicable provisions in Chapter 3745-50 of the Administrative Code.

(h) [Reserved.] All applicable provisions in Chapter 3745-267 of the Administrative Code.

(2) For permitted facilities, you the owner or operator shall comply with:

(a) The requirement to notify Ohio EPA or U.S. EPA of regulated waste activity.

(b) All applicable provisions in rules 3745-54-01 to 3745-54-03 of the Administrative Code.

(c) All applicable provisions in rules 3745-54-10 to 3745-54-19 of the Administrative Code except rule 3745-54-13 of the Administrative Code (waste analysis).

(d) All applicable provisions in rules 3745-54-30 to 3745-54-37 and 3745-54-50 to 3745-54-56 of the Administrative Code.

(e) All applicable provisions in rules 3745-54-70 to 3745-54-77 of the Administrative Code except but not rule 3745-54-71 or 3745-54-72 of the Administrative Code (dealing with the use of the manifest and manifest discrepancies).

(f) All applicable provisions in rules 3745-54-90 to 3745-54-101, 3745-56-20 to 3745-56-32, and 3745-56-50 to 3745-56-59, and Chapter 3745-55 of the Administrative Code.

(g) All applicable provisions in Chapter 3745-50 of the Administrative Code.

(h) [Reserved.] All applicable provisions in Chapter 3745-267 of the Administrative Code.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]

Notes

Ohio Admin. Code 3745-266-80

Effective: 3/7/2025
Five Year Review (FYR) Dates: 11/12/2024 and 11/11/2029
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/30/1986, 11/13/1987, 09/02/1997, 12/07/2000, 12/07/2004, 02/16/2009, 09/05/2010, 03/17/2012, 02/12/2018, 10/05/2020, 06/12/2023