Current through March 20, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-15-2; IC 13-22-2
Sec. 5.
(a) Owners
or operators of reclamation 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) Notification requirements under
329
IAC 3.1-1-11.
(2) All applicable provisions in the
following subparts of 40 CFR 264 as the subparts are incorporated by reference
in 329 IAC 3.1-9:
(A) Subpart A through
Subpart B, excluding
40 CFR
264.13.
(B) Subpart C through Subpart E, excluding
40 CFR
264.71 and 40 CFR 264.72.
(C) Subpart F through Subpart L.
(3) All applicable provisions in
329 IAC 3.1-13.
(b)
Whole spent lead acid batteries that are transported by trailer to reclamation
facilities may be staged at the reclamation facility on an asphalt or concrete
surface maintained in good condition and shall be processed, or put into
permitted storage, within fourteen (14) calendar days of receipt. The following
conditions shall be met for staged batteries:
(1) Weekly inspections of the staging area
shall be performed as long as trailers remain in the area. Any indications that
a trailer is leaking will require an immediate inspection to determine the
source of the leak. If the batteries are the source of the leak, either the
entire load shall be processed immediately or the leaking batteries shall be
removed from the trailer and stored in a covered container that is:
(A) in good condition; and
(B) chemically compatible with the contents
of the battery.
(2)
Spills must be addressed per the facility's IDEM approved contingency plan or
spill response plan.
(3) Operating
records will consist of documentation of inspections conducted under
subdivision (1).
(c)
Owners or operators of reclamation facilities that reclaim spent lead acid
batteries, other than spent batteries that are to be regenerated, are subject
to the following requirements:
(1)
Notification requirements under
329
IAC 3.1-1-11.
(2) Unless an exemption pursuant to
329
IAC 3.1-5-4 is granted by the commissioner:
(A) Reclamation facilities shall comply with
all applicable generator requirements of 40 CFR 262 as those requirements are
incorporated by reference in 329 IAC 3.1-7 for partially reclaimed materials
generated on-site or any other waste generated on-site that is hazardous
pursuant to 40 CFR 261 as incorporated by reference in 329 IAC 3.1-6. Storage
of on-site generated waste in piles is prohibited by land disposal restrictions
unless stored in compliance with 40 CFR 265, Subpart DD as referenced by 40 CFR
262, as 40 CFR 262 and 40 CFR 265, Subpart DD are incorporated by reference in
329 IAC 3.1-7 and 329 IAC 3.1-10.
(B) Reclamation facilities shall obtain a
permit in accordance with 329 IAC 3.1-13 for greater than ninety (90) day
storage of any on-site generated hazardous waste. Storage in piles is
prohibited by land disposal restrictions unless stored in compliance with 40
CFR 264, Subpart DD as incorporated by reference in 329 IAC 3.1-9.
(C) Storage of hazardous waste received from
off-site requires a permit obtained in accordance with 329 IAC 3.1-13. Storage
in piles is prohibited by land disposal restrictions unless stored in
compliance with 40 CFR 264, Subpart DD as incorporated by reference in 329 IAC
3.1-9.
(3) Reclamation
facilities requiring a permit under subdivision (2) [subdivision
(2)] shall submit a permit application in accordance with 329 IAC
3.1-13 within one hundred eighty (180) days of the effective date of this rule.
