New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-1 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 374-1.7 - Spent lead-acid batteries being reclaimed

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability and
					 requirements.
(1) 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 Subpart 374-3 of this Part.
If your
								  batteries...
And if you...
Then you...
And you...
(i) Will be reclaimed through regeneration (such as
								  by electrolyte replacement).
are exempt from Part 372 (except section
								  372.2[a][2]), 373, 374-1, 376 and 621 of this Title, and the notification requirements at
								  section 3010 of RCRA.
are subject to Part 371 and section
								  372.2(a)(2) 
								  of this Title.
(ii) Will be reclaimed other than through
								  regeneration.
generate, collect, and/or transport these
								  batteries.
are exempt from Parts 372 (except section
								  372[a][2]), 373, 374-1, and 621 of this Title, and the notification requirements
								  at section 3010 of RCRA.
are subject to Part 371 and section
								  372.2(a)(2),
								  and applicable provisions under Part 376 of this Title.
(iii) Will be reclaimed other than through
								  regeneration.
store these batteries but you aren't the
								  reclaimer.
are exempt from Parts 372 (except section
								  372[a][2]), 373, 374-1, and 621 of this Title, and the notification requirements
								  at section 3010 of RCRA.
are subject to Part 371 and section
								  372.2(a)(2),
								  and applicable provisions under Part 376 of this Title.
(iv) Will be reclaimed other than through
								  regeneration.
store these batteries before you reclaim them.
must comply with section 374-1.7(a)(2)  and as
								  appropriate other provisions described in 374.-1.7(a)(2).
are subject to Part 371 and section
								  372.2(a)(2),
								  and applicable provisions under Part 376 of this Title.
(v) Will be reclaimed other than through
								  regeneration.
don't store these batteries before you reclaim
								  them.
are exempt from Parts 372 (except section
								  372[a][2]), 373, 374-1, and 621 of this Title, and the notification requirements
								  at section 3010 of RCRA.
are subject to Part 371 and section
								  372.2(a)(2),
								  and applicable provisions under Part 376 of this Title.
(vi) Will be reclaimed through regeneration or any
								  other means.
export those batteries for reclamation in a foreign
								  country.
are exempt from Part 373, Subpart 374-1, and Parts
								  376 and 621 of this Title, and the notification requirements at section 3010 of
								  RCRA (see section
								  370.1[e] 
								  of this Title). You are also exempt from Part 372, except paragraph 372.2(a)(2),
								  and except for the applicable requirements in either: (1) section
								  372.5(h);
								  or (2) sections
								  372.5(c)"Notification of Intent to Export", 372.5(f) "Annual Reports" (except
								  372.5[f][1][v]), and 372.5(g) "Recordkeeping."
are subject to Part 371 and paragraph 372.2(a)(2) of
								  this Title, and either must comply with 372.5(h) (if shipping to one of the OECD
								  countries specified in subparagraph 372.5[h][1][i]), or must:
								  (
a
) Comply with the requirements applicable to a primary
								  exporter in 372.5(c), 372.5(f) (except 372.5[f][1][v]), and 372.5(g); and
(
b
) Export these batteries only
								  upon consent of the receiving country and in conformance with the EPA
								  Acknowledgement of Consent as defined in section
								  372.5 
								  of this Title; and
(
c
) Provide a copy of the EPA
								  Acknowledgement of Consent for the shipment to the transporter transporting the
								  shipment for export.
(vii) Will be reclaimed through regeneration or any
								  other means.
transport those batteries into the U.S. to export
								  them for reclamation in a foreign country.
are exempt from section
								  372.3,
								  Part 373, Subpart 374-1, and Parts 376 and 621 of this Title, and the
								  notification requirements at section 3010 of RCRA(see section
								  370.1[e] 
								  of this Title).
must comply with the applicable requirements of
								  372.5(h) (if shipping to one of the OECD countries specified in subparagraph
								  372.5[h][1][i]), or must comply with the following: (
a
) you may
								  not accept a shipment if you know the shipment does not conform to the EPA
								  Acknowledgement of Consent;
(
b
) you must ensure that a copy of
								  the EPA Acknowledgement 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.
(2)
					 If I store spent lead-acid batteries before I reclaim them but not through
					 regeneration, which requirements apply? The requirements of subparagraph (1)(ii)
					 of this subdivision 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 Part 373 permit status.
(i) For interim status facilities, you must
					 comply with:
(a) notification requirements
					 under section 3010 of RCRA;
(b) all
					 applicable provisions in section
					 373-3.1  of this
					 Title;
(c) all applicable provisions
					 in sections
					 373-3.2 
					 except subdivision (d) (waste analysis) of this Title;
(d) all applicable provisions in sections
					 373-3.4
					 and
					 373-3.5 
					 of this Title;
(e) all applicable
					 provisions in section
					 373-3.5 
					 except subdivision (b) (dealing with the use of the manifest and manifest
					 discrepancies), of this Title;
(f)
					 all applicable provisions in sections
					 373-3.6
					 through
					 373-3.12  of this Title;
					 and
(g) all applicable provisions in
					 Subpart 373-1 and Part 621 of this Title.
(ii) For permitted facilities:
(a) notification requirements under section
					 3010 of RCRA;
(b) all applicable
					 provisions in section
					 373-2.1  of this
					 Title;
(c) all applicable provisions
					 in section
					 373-2.2 
					 except subdivision (e) (waste analysis) of this Title;
(d) all applicable provisions in sections
					 373-2.3
					 and
					 373-2.4 
					 of this Title;
(e) all applicable
					 provisions in section
					 373-2.5 
					 except subdivision (b) (dealing with the use of the manifest and manifest
					 discrepancies), of this Title;
(f)
					 all applicable provisions in sections
					 373-2.6
					 through
					 373-3.12  of this Title;
					 and
(g) all applicable provisions in
					 Subpart 373-1 and Part 621 of this Title.