6 CRR-NY 374-1.7NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
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
6 CRR-NY 374-1.7
6 CRR-NY 374-1.7
374-1.7 Spent lead-acid batteries being reclaimed.
(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.
6 CRR-NY 374-1.7
Current through March 15, 2020
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