Md. Code Regs. 26.13.10.04

Current through Register Vol. 51, No. 18, September 6, 2024

Section 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:

(a) COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination;

(b) COMAR 26.13.04 - 26.13.07; and

(c) The notification requirements of § 3010 of RCRA; and

(2) Subject to:

(a) Applicable requirements of COMAR 26.13.09; and

(b) If the batteries are imported from a foreign country, 40 CFR Part 262, Subpart H.

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:

(a) COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination;

(b) COMAR 26.13.04 - 26.13.07; and

(c) The notification requirements of § 3010 of RCRA; and

(2) Subject to:

(a) Applicable requirements of COMAR 26.13.09; and

(b) If the batteries are imported from a foreign country, 40 CFR Part 262, Subpart H.

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:

(a) COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination;

(b) COMAR 26.13.04 - 26.13.07; and

(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:

(a) COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination;

(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.

Md. Code Regs. 26.13.10.04

Regulation .04 amended effective November 1, 2002 (29:21 Md. R. 1647)
Regulation .04B, C amended effective October 16, 2000 (27:20 Md. R. 1843); amended effective 49:1 Md. R. 14, eff. 1/13/2022