| (a) The regulations of this section adopt by reference
40 Code of Federal Regulations (CFR) Part 266, Subpart G as amended
in the Federal Register through November
28, 2016 (81 FR 85732). This section applies to persons who reclaim
(including regeneration) spent lead-acid batteries that are recyclable
materials (spent batteries). Persons who generate, transport, or collect
spent batteries, who regenerate spent batteries, who store spent batteries
that are to be regenerated, or who store spent batteries but do not
reclaim them (other than spent batteries that are to be regenerated),
are not subject to regulation under this chapter, except that §335.24(h)
of this title (relating to Requirements for Recyclable Materials and
Nonhazardous Recyclable Materials) applies; and are not subject to
regulation under Chapter 1 of this title (relating to Purpose of Rules,
General Provisions); Chapter 3 of this title (relating to Definitions);
Chapter 10 of this title (relating to Commission Meetings); Chapter
20 of this title (relating to Rulemaking); Chapter 37 of this title
(relating to Financial Assurance); Chapter 39 of this title (relating
to Public Notice); Chapter 40 of this title (relating to Alternative
Dispute Resolution Procedure); Chapter 50 of this title (relating
to Action on Applications and Other Authorizations); Chapter 55 of
this title (relating to Requests for Contested Case Hearings; Public
Comment); Chapter 70 of this title (relating to Enforcement); Chapter
80 of this title (relating to Contested Case Hearings); Chapter 86
of this title (relating to Special Provisions for Contested Case Hearings);
or Chapter 305 of this title (relating to Consolidated Permits). Such
persons, however, remain subject to the requirements of the Texas
Water Code, Chapter 26.
(b) Owners or operators of facilities that store spent
lead-acid batteries before reclaiming them (other than spent batteries
that are to be regenerated) are subject to the following requirements:
(1) all applicable provisions in Subchapter A of this
chapter (relating to Industrial Solid Waste and Municipal Hazardous
Waste in General), Subchapter B of this chapter (relating to Hazardous
Waste Management General Provisions), Subchapter E of this chapter
(relating to Interim Standards of Owners and Operators of Hazardous
Waste Treatment, Storage, or Disposal Facilities), Subchapter F of
this chapter (relating to Permitting Standards of Owners and Operators
of Hazardous Waste Treatment, Storage, or Disposal Facilities), and
Subchapter U of this chapter (relating to Standards for Owners and
Operators of Hazardous Waste Facilities Operating under a Standard
Permit), except for the requirements in §335.12 of this title
(relating to Shipping Requirements Applicable to Owners or Operators
of Treatment, Storage, or Disposal Facilities) and 40 CFR §265.13;
and
(2) all applicable provisions in Chapters 1, 3, 10,
20, 37, 39, 40, 50, 55, 70, 80, and 305 of this title.
(c) Persons who export spent batteries for reclamation
in a foreign country where they will be reclaimed through regeneration
or any other means are not subject to the requirements of Subchapter
C of this chapter (relating to Standards Applicable to Generators
of Hazardous Waste), except for §335.53(a) and (g) of this title
(relating to General Standards Applicable to Generators of Hazardous
Waste); Subchapter D of this chapter (relating to Standards Applicable
to Transporters of Hazardous Waste), except for §335.91(e) of
this title (relating to Scope); Subchapter E of this chapter (relating
to Interim Standards of Owners and Operators of Hazardous Waste Treatment,
Storage, or Disposal Facilities); Subchapter F of this chapter (relating
to Permitting Standards for Owners and Operators of Hazardous Waste
Treatment, Storage, or Disposal Facilities); or Subchapter O of this
chapter (relating to Land Disposal Restrictions), or Chapter 1, 3,
10, 20, 37, 39, 40, 50, 55, 70, 80, 86, or 305 of this title. Such
persons must comply with §335.504 of this title (relating to
Hazardous Waste Determination).
(d) Persons who transport spent batteries in the United
States to export them for reclamation in a foreign country where they
will be reclaimed through regeneration or any other means are not
subject to the requirements of Subchapter C of this chapter; Subchapter
D of this chapter, except for §335.91(e) of this title; Subchapter
E of this chapter; Subchapter F of this chapter; or Subchapter O of
this chapter, or Chapter 1, 3, 10, 20, 37, 39, 40, 50, 55, 70, 80,
86, or 305 of this title. Such persons, however, remain subject to
the requirements of §335.91(e) of this title.
(e) Persons who import spent batteries from a foreign
country and store these spent batteries, but are not the reclaimer,
and where the spent battery will be reclaimed other than through regeneration,
are not subject to the requirements of Subchapter C of this chapter,
except for §335.53(a) and (g) of this title; Subchapter D of
this chapter, except for §335.91(e) of this title; Subchapter
E of this chapter; Subchapter F of this chapter, or Chapter 1, 3,
10, 37, 39, 40, 50, 55, 70, 80, 86, or 305 of this title. Such persons
must comply with §335.504 of this title, and applicable provisions
of Subchapter O of this chapter.
(f) Persons who import spent batteries from a foreign
country and store these spent batteries before reclaiming them, and
where the spent battery will be reclaimed other than through regeneration,
are not subject to the requirements of Subchapter C of this chapter,
except for §335.53(a) and (g) of this title; Subchapter D of
this chapter, except for §335.91(e) of this title; Subchapter
E of this chapter; Subchapter F of this chapter, or Chapter 1, 3,
10, 37, 39, 40, 50, 70, 80, 86, or 305 of this title. Such persons
must comply with §335.504 of this title, and applicable provisions
of Subchapter O of this chapter.
(g) Persons who import spent batteries from a foreign
country and do not store these spent before reclaiming them, and where
they will be reclaimed other than through regeneration, are not subject
to the requirements of Subchapter C of this chapter, except for §335.53(a)
and (g) of this title; Subchapter D of this chapter, except for §335.91(e)
of this title; Subchapter E of this chapter; Subchapter F of this
chapter, or Chapter 1, 3, 10, 37, 39, 40, 50, 70, 80, 86, or 305 of
this title. Such persons must comply with §335.504 of this title,
and applicable provisions of Subchapter O of this chapter.
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