Md. Code Regs. 26.13.10.04 - Spent Lead-Acid Batteries Being Reclaimed
A. Applicability.
(1) Except as provided in §B of this
regulation, this regulation applies to spent lead-acid batteries that are
recyclable materials.
(2) For the
purposes of this regulation, "spent batteries" means spent lead-acid batteries
that are recyclable materials.
B. A person may choose to manage spent
lead-acid batteries under the provisions applicable to universal waste
batteries in COMAR 26.13.10.06 - .25, rather than under the requirements of
this regulation.
C. Management
Requirements - General.
(1) Persons who
manage spent batteries as described in §C(2) of this regulation shall comply
with the applicable regulatory requirements in the sections that are
cross-referenced.
(2) Persons who
manage spent batteries that are to be reclaimed:
(a) By regeneration, shall comply with §D of
this regulation; and
(b) By a means
other than regeneration and who:
(i) Store
the spent batteries at a permitted CHS facility before reclaiming them, shall
comply with §E of this regulation;
(ii) Store the spent batteries at an interim
status facility before reclaiming them, shall comply with §F of this
regulation;
(iii) Do not store the
spent batteries before they reclaim them, shall comply with §G of this
regulation;
(iv) Store the spent
batteries before they are reclaimed by others, shall comply with §H of this
regulation; and
(v) Generate,
collect, or transport the spent batteries, shall comply with §I of this
regulation.
(3)
Persons who export batteries to be reclaimed through regeneration or any other
means in a foreign country shall comply with §J of this regulation.
(4) Persons who transport batteries to export
them to be reclaimed through regeneration or any other means in a foreign
country shall comply with §K of this regulation.
D. Requirements - Reclamation by
Regeneration. Persons who manage spent batteries that are to be reclaimed
through regeneration, such as by electrolyte replacement:
(1) Are exempt from the following
requirements with respect to management of those batteries, including the
regeneration:
(2) Are subject to
the requirements of COMAR 26.13.02.
E. Requirements - Permitted Facilities That
Reclaim Spent Batteries. Owners or operators of facilities that store spent
batteries before reclaiming them by a means other than regeneration are subject
to the following requirements:
(1)
Notification requirements under § 3010 of RCRA;
(2) All applicable provisions of COMAR
26.13.02;
(3) COMAR
26.13.03.02, which concerns
hazardous waste determination;
(4)
All applicable provisions of COMAR 26.13.05.01-.12, except for:
(a) COMAR
26.13.05.02D,
which concerns waste analysis;
(b)
COMAR 26.13.05.05B,
which concerns use of manifests; and
(c) COMAR
26.13.05.05C,
which concerns manifest discrepancies;
(5) All applicable provisions of COMAR
26.13.07 and .09; and
(6) If the
batteries are imported from a foreign country, 40 CFR Part 262, Subpart
H.
F. Requirements -
Interim Status Facilities That Reclaim Spent Batteries. Owners or operators of
interim status facilities that store spent batteries before reclaiming them by
a means other than regeneration are subject to the following requirements:
(1) Notification requirements under § 3010 of
RCRA;
(2) All applicable provisions
of COMAR 26.13.02;
(3) COMAR
26.13.03.02, which concerns
hazardous waste determination;
(4)
All applicable provisions of COMAR 26.13.06, except for:
(a) COMAR
26.13.05.02D,
which concerns waste analysis, and which the owner or operator would otherwise
be required to comply with by COMAR
26.13.06.02A;
(b) COMAR
26.13.05.05B,
which concerns use of manifests, and which the owner or operator would
otherwise be required to comply with by COMAR
26.13.06.05; and
(c) COMAR
26.13.05.05C,
which concerns manifest discrepancies, and which the owner or operator would
otherwise be required to comply with by COMAR
26.13.06.05;
(5) All applicable provisions of COMAR
26.13.07 and .09; and
(6) If the
batteries are imported from a foreign country, 40 CFR Part 262, Subpart
H.
G. Requirements -
Reclamation Without Storage. Persons who reclaim spent batteries by a method
other than regeneration and do not store the spent batteries before reclaiming
them are:
(1) Exempt from the following
requirements with respect to those batteries:
(c)
The notification requirements of § 3010 of RCRA; and
H. Requirements -
Storage Before Reclamation by Persons Other Than the Reclaimer. Persons who
store spent batteries that are to be reclaimed by a method other than
regeneration, and who do not themselves reclaim the batteries are:
(1) Exempt from the following requirements
with respect to those batteries:
(c)
The notification requirements of § 3010 of RCRA; and
I. Requirements -
Generation, Collection, and Transport of Batteries That Will Be Reclaimed.
Persons who generate, collect, or transport spent batteries that will be
reclaimed by a method other than regeneration, or who perform any combination
of these activities, are:
(1) Exempt from the
following requirements with respect to those batteries:
(c)
The notification requirements of § 3010 of RCRA; and
(2) Subject to the applicable requirements of
COMAR 26.13.09.
J.
Requirements - Exports of Batteries That Will Be Reclaimed. Persons who export
batteries to be reclaimed through regeneration or any other means in a foreign
country are:
(1) Exempt from the following
requirements with respect to those batteries:
(b)
COMAR 26.13.04-.07 and .09; and
(c)
The notification requirements of § 3010 of RCRA; and
(2) Subject to 40 CFR Part 262, Subpart
H.
K. Requirements -
Transport of Batteries That Will Be Exported and Reclaimed. Persons who
transport batteries in the U.S. to export them to be reclaimed through
regeneration or any other means in a foreign country are:
(1) Exempt from the following requirements
with respect to those batteries:
(a) COMAR
26.13.04-.07 and .09; and
(b) The
notification requirements of § 3010 of RCRA; and
(2) Subject to 40 CFR Part 262, Subpart
H.
Notes
Regulation .04B, C amended effective October 16, 2000 (27:20 Md. R. 1843); amended effective 49:1 Md. R. 14, eff.
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