S.C. Code Regs. § § 61-79.266.G.80

Current through Register Vol. 48, 12, December 27, 2024

Section 61-79.266.G.80 - Applicability and requirements

(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 the "Universal Waste" rule in part 273.

Table 1 - 266.80 Applicability and requirements
If your batteries...	And if you...	Then you...	And you...
(1) Will be reclaimed through regeneration (such as by electrolyte replacement).	are exempt from parts 262 (except for section 262.11), 263, 264, 265, 266, 268, 270, 124 of this chapter, and the notification requirements of the South Carolina HWMA 44-56-120 and at section 3010 of RCRA.	are subject to part 261 and section 262.11.
(2) Will be reclaimed other than through regeneration.	generate, collect, and/or transport these batteries.	are exempt from parts 262 (except for section 262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements of South Carolina HWMA 44-56-120 and at section 3010 of RCRA	are subject to part 261, section 262.11, and applicable provisions under part 268.
(3) Will be reclaimed other than through regeneration	store these batteries but you aren't the reclaimer.	are exempt from parts 262 (except for section 262.11), 263, 264, 265, 266, 270, 124, and the notification requirements of South Carolina HWMA 44-56-120 and at section 1310 of RCRA.	are subject to part 261, section 262.11, and applicable provisions under part 268.
(4) Will be reclaimed other than through regeneration.	Store these batteries before you reclaim them.	Must comply with section 266.80(b) and as appropriate other regulatory provisions described in section 266.80(b)	are subject to part 261, section 262.11, and applicable provisions under part 268.
(5) Will be reclaimed other than through regeneration.	don't store these batteries before you reclaim them.	are exempt from parts 262 (except for section 262.11), 263, 264, 265, 266, 270, 124, and the notification requirements of South Carolina HWMA 44-56-120 and at section 3010 of RCRA	are subject to part 261, section 262.11, and applicable provisions
(6) Will be reclaimed through regeneration or any other means	export these batteries for reclamation in a foreign country	are exempt from parts 262 (except for sections 262.11, 262.18 and subpart H), 263, 264, 265, 266, 268, 270, 124, and the notification requirements at the SC Hazardous Waste Management Act 44-56-120 and section 3010 of RCRA.	are subject to part261, sections 262.11, 262.18, and part 262 subpart H.
(7) Will be reclaimed through regeneration or any other means	Transport these batteries in the U.S. to export them for reclamation in a foreign country	are exempt from parts 263, 264, 265, 266, 268, 270, 124, and the notification requirements at the SC Hazardous Waste Management Act 44-56-120 and section 3010 of RCRA	must comply with applicable requirements in part 262, subpart H.
(8) Will be reclaimed other than through regeneration	Import these batteries from a foreign country and store these batteries but you aren't the reclaimer	are exempt from parts 262 (except for sections 262.11, 262.18, and subpart H), 263, 264, 265, 266, 270, 124, and the notification requirements at the SC Hazardous Waste Management Act 44-56-120 and section 3010 of RCRA	are subject to part 261, sections 262.11, 262.18, part 262 subpart H, and applicable provisions under part 268.
(9) Will be reclaimed other than through regeneration	Import these batteries from a foreign country and store these batteries before you reclaim them	must comply with section 266.80(b) and as appropriate other regulatory provisions described in section 266.80(b)	are subject to part 261, sections 262.11, 262.18, part 262 subpart H, and applicable provisions under part 268.
(10) Will be reclaimed other than through regeneration	Import these batteries from a foreign country and don't store these batteries before you reclaim them	are exempt parts 262 (except for sections 262.11, 262.18, and subpart H), 263, 264, 265, 266, 270, 124, and the notification requirements at SC Hazardous Waste Management Act 44-56-120 and section 3010 of RCRA	are subject to part 261, sections 262.11, 262.18, part 262 subpart H, and applicable provisions under part 268.

(b) If I store spent lead-acid batteries before I reclaim them but not through regeneration, which requirements apply? The requirements of paragraph (b) of this section 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 RCRA permit status.

(1) For Interim Status Facilities, you must comply with:

(i) Notification requirements of South Carolina HWMA 44-56-120 and under section 3010 of RCRA.

(ii) All applicable provisions in subpart A of part 265 of this chapter.

(iii) All applicable provisions in subpart B of part 265 of this chapter except 265.13 (waste analysis).

(iv) All applicable provisions in subparts C and D of part 265 of this chapter.

(v) All applicable provisions in subpart E of part 265 of this chapter except 265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies).

(vi) All applicable provisions in subparts F through L of part 265 of this chapter.

(vii) All applicable provisions in parts 270 and 124 of this chapter.

(2) For Permitted Facilities.

(i) Notification requirements of South Carolina HWMA 44-56-120 and under of RCRA.

(ii) All applicable provisions in subpart A of part 264 of this chapter.

(iii) All applicable provisions in subpart B of part 264 of this chapter (but not 264.13 (waste analysis).

(iv) All applicable provisions in subparts C and D of part 264 of this chapter.

(v) All applicable provisions in subpart E of part 264 of this chapter except 264.71 or 264.72 (dealing with the use of the manifest and manifest discrepancies).

(vi) All applicable provisions in subparts F through L of part 264 of this chapter.

(vii) All applicable provisions in parts 270 and 124 of this chapter.

S.C. Code Regs. § 61-79.266.G.80

Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 36, Issue No. 9, eff September 28, 2012; State Register Volume 42, Issue No. 12, eff. 12/28/2018; State Register Volume 46, Issue No. 05, eff. 5/27/2022.