Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-80 - Applicability and requirements - spent lead-acid batteries being reclaimed

Current through all regulations passed and filed through July 1, 2024
(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 Chapter 3745-273 of the Administrative Code.
If your batteries...
And if you...
Then you...
And you...
(1) Are reclaimed through regeneration (such as by
						  electrolyte replacement)
--
Are 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, 3745-65 to 3745-69, 3745-205, 3745-256,
						  3745-266 (except for this rule), and 3745-270 of the Administrative
						  Code
Are 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 these
						  batteries
Are 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, 3745-65 to 3745-69, 3745-205, 3745-256, and
						  3745-266 of the Administrative Code (except for this rule)
Are 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 these batteries but you aren't 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
						  rule 3745-52-11 of the Administrative
						  Code), 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and
						  3745-266 of the Administrative Code (except for this rule)
Are 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 these batteries before you reclaim 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.)
Are 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 store these batteries before you reclaim these
						  batteries
Are 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, 3745-65 to 3745-69, 3745-205, 3745-256, and
						  3745-266 of the Administrative Code (except for this rule)
Are 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 these batteries for reclamation in a foreign
						  country
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 and and
						  3745-52-18 of the Administrative
						  Code, and 40 
													CFR Part 262 subpart H), 3745-53, 3745-54 to 3745-57,
						  3745-65 to 3745-69, 3745-205, 3745-256, 3745-266 (except for this rule), and
						  3745-270 of the Administrative Code
Are subject to Chapter 3745-51 and rules
						  3745-52-11 and
						  3745-52-18 of the Administrative
						  Code, and 40 
													CFR Part 262 subpart H
(7) Are reclaimed through regeneration or any other
						  means
Transport these batteries in the United States to
						  export these batteries for reclamation in a foreign country
Are 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, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266 (except for this
						  rule), and 3745-270 of the Administrative Code
Shall comply with applicable requirements in 40
						  
													CFR
						  Part 262 subpart H
(8) Are reclaimed other than through
						  regeneration
Import these batteries from foreign country and store
						  these batteries, but you aren't 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, 3745-65 to 3745-69,
						  3745-205, 3745-256, 3745-266 (except for this rule), and 3745-270 of the
						  Administrative Code
Are subject to Chapter 3745-51 and rules
						  3745-52-11 and 3745-52-18 of the
						  Administrative Code, 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 these batteries from foreign country and store
						  these batteries before you reclaim 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.)
Are subject to Chapter 3745-51 and rules
						  3745-52-11 and 3745-52-18 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 these batteries from foreign country and don't
						  store these batteries before you reclaim these batteries
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 and 3745-52-18 of the
						  Administrative Code, and 40 
													CFR Part 262 subpart H), 3745-53, 3745-54 to
						  3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266 (except for this
						  rule), and 3745-270 of the Administrative Code
Are subject to Chapter 3745-51 and rules
						  3745-52-11 and 3745-52-18 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 applies to you if you store
			 spent lead-acid batteries before you reclaim the lead-acid batteries, but you
			 don't reclaim the lead-acid batteries through regeneration. The following
			 requirements are slightly different, depending on your hazardous waste
			 management permit status:
(1) For facilities
			 with a permit by rule, you 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.]