Ala. Admin. Code r. 335-14-7-.07

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-14-7-.07 - Spent Lead-Acid Batteries Being Reclaimed

(1)Applicability and requirements.

(a) Lead acid batteries that are generated, collected, transported, stored, or regenerated for reclamation purposes may be exempt from certain hazardous waste management requirements. The following table may be used to determine which requirements apply. Alternatively, spent lead-acid batteries may be managed in accordance with the "Universal Waste" rule in 335-14-11.

If the batteries *	And if the batteries	Then the batteries	And the batteries
1. will be reclaimed through regeneration (such as by electrolyte replacement).		are exempt from the requirements of 335-14-3 (except for 335-14-3-.01(2)) through 335-14-9	are subject to the requirements of 335-14-2 and 335-14-3-.01(2).
2. will be reclaimed other than through regeneration.	are generated, collected, and/ or transported.	are exempt from the requirements of 335-14-3 (except for 335-14-3-.01(2) through 335-14-8	are subject to the requirements of 335-14-2 and 335-14-3-.01(2), and applicable provisions under 335-14-9.
3. will be reclaimed other than through regeneration.	are stored prior to reclamation by persons other than the person reclaiming the batteries	are exempt from the requirements of 335-14-3 (except for 335-14-3-.01(2) through 335-14-8	are subject to the requirements of 335-14-2 and 335-14-3-.01(2), and applicable provisions under 335-14-9.
4. will be reclaimed other than through regeneration.	are stored prior to reclamation by the person reclaiming the batteries	are subject to the requirements of 335-14-7-.07(1)(b) and other applicable regulatory provisions described in 335-14-7-.07(1) (b).	are subject to the requirements of 335-14-2 and 335-14-3-.01(2), and applicable provisions under 335-14-9.
5. will be reclaimed other than through regeneration.	are not stored prior to being reclaimed	are exempt from the requirements of 335-14-3 (except for 335-14-3-.01(2) through 335-14-8.	are subject to the requirements of 335-14-2, 335-14-3-.01(2), and applicable provisions under 335-14-9.
6. will be reclaimed through regeneration or any other means.	export these batteries for reclamation in a foreign country.	are exempt from the requirements of 335-14-3 [except for 335-14-3-.01(2)335-14 -3-.01(8), and 335-14-3-.09] through 335-14-9 and the notificataion requirements at section 3010 of RCRA.	are subject to the requirements of 335-14-2, 335-14-3-.01(2), 335-14-1-.0(8), and 335-14-3-.09.
7. will be reclaimed through regeneration and any other means.	transport these batteries in the U.S. to export them for reclamation in a foreign country.	are exempt from the requirements of 335-14-4 through 335-14-9 and the notification requirements of section 3010 of RCRA.	must comply with applicable requirements in 335-14-3-.09.
8. will be reclaimed other than through regeneration	Import these batteries from foreign country and store these batteries but you aren't the reclaimer	are exempt from 335-14-3 [except for 335-14-3-.01(2), 335-14-3-.01(8), and 335-14-3-.09] through 335-14-8 and the notification requirements of section 3010 of RCRA.	are subject to 335-14-2, 335-14-3-.01(2), 335-14-3-.01(8), 335-14-3-.09, and applicable provisions under 335-14-9.
9. will be reclaimed other than through regeneration	Import these batteries from foreign country and store these batteries before you reclaim them	must comply with 335-14-7-.07(1) (b) and as appropriate other regulatory provisions described in 266.80(b).	are subject to 335-14-2, 335-14-3-.01(2), 335-14-3-.01(8), 335-14-3-.09, and applicable provisions under 335-14-9.
10. will be reclaimed other than through regeneration	Import these batteries from foreign country and don't store these batteries before you reclaim them	are exempt from 335-14-3 [except for 335-14-3-.01(2), 335-14-3-.01(8), and 335-14-3-.09] through 335-14-8 and the notification requirements at section 3010 of RCRA.	are subject to 335-14-2, 335-14-3-.01(2), 335-14-3-.01(8), 335-14-3-.09, and applicable provisions under 335-14-9.

(b) The requirements of 335-14-7-.07(1)(b) apply if spent lead-acid batteries are stored prior to reclamation if such reclamation involves any method other than regeneration. The requirements may vary depending upon the RCRA permit status of the person(s) storing and reclaiming the batteries.

1. Interim Status Facilities must comply with:

(i) Notification requirements under 335-14-3-.01(8).

(ii) All applicable provisions in 335-14-6-.01.

(iii) All applicable provisions in 335-14-6-.02 except 335-14-6-.02(4) (waste analysis).

(iv) All applicable provisions in 335-14-6-.03 and 336-14-6-.04.

(v) All applicable provisions in 335-14-6-.05 except 335-14-6-.05(2) and (3) (dealing with the use of the manifest and manifest discrepancies).

(vi) All applicable provisions in 335-14-6-.06 through 335-14-6-.12.

(vii) All applicable provisions in 335-14-8.

2. Permitted Facilities must comply with:

(i) Notification requirements under 335-14-3-.01(8).

(ii) All applicable provisions in 335-14-5-.01.

(iii) All applicable provisions in 335-14-5-.02 except 335-14-5-.02(4) (waste analysis).

(iv) All applicable provisions in 335-14-5-.03 and 336-14-5-.04.

(v) All applicable provisions in 335-14-5-.05 (but not 335-14-5-.05(2) and (3) (dealing with the use of the manifest and manifest discrepancies)).

(vi) All applicable provisions in 335-14-5-.06 through 335-14-5-.12.

(vii) All applicable provisions in 335-14-8.

(2) [Reserved]

(3)Generation.

(a) Facilities which by battery-breaking operations generate separate components of a spent lead-acid battery, which are a solid waste as identified by 335-14-2-.01 and a hazardous waste as identified by 335-14-2-.03 or 335-14-2-.04, must comply with the generator requirements of 335-14-3.

(b) Facilities which generate separate components of a lead-acid battery by battery-breaking operations and offer said components for transportation activities as identified in 335-14-1-.02 must comply with the manifest requirements of 335-14-3-.02 provided the components are a solid waste as identified by 335-14-2-.01 and a hazardous waste as defined by 335-14-2-.03 or 335-14-2-.04.

(c) Facilities which generate components of a spent lead-acid battery, which are a solid waste as identified by 335-14-2-.01 and a hazardous waste as identified by 335-14-2-.03 or 335-14-2-.04, by battery-breaking operations must comply with the storage requirements of 335-14-5-.09(6) and 335-14-5-.10 for each component.

(4)Transportation.

(a) Facilities which engage in transportation activities as identified in 335-14-1-.02 of separate components of a spent lead-acid battery, which are a solid waste as identified by 335-14-2-.01 and a hazardous waste as identified by 335-14-2-.03 or 335-14-2-.04, must comply with the standards applicable to transporters of hazardous waste as outlined in 335-14-4.

(b) Facilities which receive and store separate components of a spent lead-acid battery must comply with the manifest requirements of 335-14-5-.05 provided the components are a solid waste as identified by 335-14-2-.01 and a hazardous waste as identified by 335-14-2-.03 or 335-14-2-.04.

(c) The requirements of 335-14-7-.07 do not apply to the transportation of whole spent lead-acid batteries which have not been subjected to battery-breaking operations.

(5)Storage.

(a) Facilities which receive and store separate components of a spent lead-acid battery which are a solid waste as identified by 335-14-2-.01 and a hazardous waste as identified by 335-14-2-.03 or 335-14-2-.04 must comply with the storage requirements of 335-14-5-.09(6) and 335-14-5-.10 and the permitting requirements of 335-14-8.

(b) Reserved

(6)Treatment and/or disposal.

(a) Facilities which treat or dispose of hazardous waste(s) generated from the reclamation of spent lead-acid batteries are subject to the requirements of 335-14-1 through 335-14-6, 335-14-8, and 335-14-9.

(b)Reserved.

Ala. Admin. Code r. 335-14-7-.07

April 9, 1986. Amended: August 24, 1989; January 1, 1993. Amended: Filed: November 30, 1994 effective January 5, 1995. Amended: Filed December 8, 1995; effective January 12, 1996. Amended: Filed February 26, 1999; effective April 2, 1999. Amended: Filed February 25, 2000; effective March 31, 2000. Amended: Filed February 8, 2002; effective March 15, 2002. Amended: Filed February 24, 2005; effective March 31, 2005. Amended: Filed February 23, 2011; effective March 30, 2011.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 05, February 28, 2017, eff. 3/31/2017.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. 4/7/2018.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 07, April 28, 2023, eff. 6/12/2023.

Author: Stephen C. Maurer; Steven O. Jenkins; Michael Champion; Robert W. Barr; C. Edwin Johnston; Bradley N. Curvin; Heather M. Jones; Vernon H. Crockett; Jonah L. Harris

Statutory Authority:Code of Ala. 1975, §§ 22-30-11, 22-30-14, 22-30-15, 22-30-16.