Section 329 IAC 3.1-11.1-5 - Standards for reclaimersAuthority: 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. Solid Waste Management Division; 329 IAC 3.1-11.1-5; filed Jul 15, 2013, 11:02 a.m.: 20130814-IR-329090365FRAErrata Filed 2/19/2018, 10:06 a.m: 20180228-IR-329180109ACA