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§266.70 40 CFR Ch. 1 (7-1-95 Edition) Environmental Protection Agency
<br /> dust suppression or road treatment is ing regeneration) spent lead-acid bat- (3) Hazardous wastes that are exempt
<br /> prohibited. teries that are recyclable materials from regulation under §§261.4 and
<br /> (50 FR 666, Jan. 4, 1985, as amended at 50 FR ("spent batteries"). Persons who gen- 261.6(a)(3) (iv) through (vi) of this chap-
<br /> 28750,July 15,1985;59 FR 48042,Sept.19,1994] erate, transport, or collect spent bat- ter, and hazardous wastes that are sub-
<br /> teries, who regenerate spent batteries, ject to the special requirements for
<br /> Subpart D-E—(R@served) or who store spent batteries but do not conditionally exempt small quantity
<br /> reclaim them (other than spent bat- generators under§261.5 of this chapter;
<br /> Subpart F—Recyclable clable Materials teries that are to be regenerated) are and
<br /> p y not subject to regulation under parts (4) Coke ovens, if the only hazardous
<br /> Utilized for Precious Metal Re- 262 through 266 or part 270 or 124 of this waste burned is EPA Hazardous Waste
<br /> covery chapter, and also are not subject to the No. K087, decanter tank tar sludge
<br /> §266.70 Applicability and require- (b)
<br /> of section 3010 of RCRA. from coking operations.
<br /> menta. (b) Owners or operators of facilities (c) Owners and operators of smelting,
<br /> that store spent lead acid batteries be- melting, and refining furnaces (includ-
<br /> (a) The regulations of this subpart fore reclaiming (other than spent bat- ing pyrometallurgical devices such as
<br /> apply to recyclable materials that are teries that are to be regenerated) them cupolas, sintering machines, roasters,
<br /> reclaimed to recover economically sig- are subject to the following require- and foundry furnaces, but not includ-
<br /> nificant amounts of gold, silver, plati- ments. ing cement kilns, aggregate kilns, or
<br /> num, paladium, irridium, osmium, rho- halogen acid furnaces burning hazard-
<br /> dium, ruthenium, or any combination (50 FR 666, Jan. 4, 1985, as amended at 50 FR
<br /> Of these. 33543, Aug. 20, 1985; 60 FR 25542, May 11, 1995] ous waste) that process hazardous
<br /> waste solely for metal recovery are
<br /> (b) Persons who generate, transport,
<br /> or store recyclable materials that are Subpart H—Hazardous Waste conditionally exempt from regulation
<br /> under this subpart, except for §§266.101
<br /> regulated under this subpart are sub- Burned in Boilers and Indus- and 266.112.
<br /> ject to the following requirements: trial Furnaces (1) To be exempt from §§266.1(e
<br /> (1) Notification requirements under throtYgh 266.111, an owner or operator o1
<br /> section 3010 of RCRA; SOURCE: 56 FR 7208, Feb. 21, 1991, unless a metal recovery furnace or mercury
<br /> (2) Subpart B of part 262 (for genera- otherwise noted. recovery furnace, must comply Witt
<br /> tors), §§263.20 and 263.21 (for transport-
<br /> ers), and§§265.71 and 265.72 (for persons §266.100 Applicability. the following requirements, except
<br /> that an owner or operator of a lead of
<br /> who store)of this chapter;
<br /> (a) The regulations of this subpart a nickel-chromium recovery furnace
<br /> (c) Persons who store recycled mate- apply to hazardous waste burned or or a metal recovery furnace that burnt
<br /> rials that are regulated under this sub- processed in a boiler or industrial fur- baghouse bags used to capture metallic
<br /> part must keep the following records to nace (as defined in §260.10 of this chap- dusts emitted by steel manufacturing
<br /> document that they are not accumulat- ter)irrespective of the purpose of burn- must comply with the requirements o:
<br /> ing these materials speculatively (as ing or processing, except as provided by paragraph(c)(3)of this section:
<br /> defined in§261.1(c)of this chapter); paragraphs (b), (c), (d), and (f) of this (i) Provide a one-time written notice
<br /> (1) Records showing the volume of section. In this subpart, the term to the Director indicating the
<br /> these materials stored at the beginning "burn" means burning for energy re- following:
<br /> of the calendar year; covery or destruction, or processing for (A)The owner or operator claims ex
<br /> (2) The amount of these materials materials recovery or as an ingredient. emption under this paragraph;
<br /> generated or received during the cal- The emissions standards of §§266.104, (B) The hazardous waste is burner
<br /> endar year;and 266.105, 266.106, and 266.107 apply to fa-
<br /> (3) The amount of materials remain- cilities operating under interim status solely for metal recovery consistent
<br /> ing at the end of the calendar year. p g with the provisions of paragraph (c)(2
<br /> or under a RCRA permit as specified in of this section;
<br /> (d)Recyclable materials that are reg- §§266.102 and 266.103.
<br /> ulated under this subpart that are ac- (b) The following hazardous wastes The hazardous waste contains re
<br /> cumulated speculatively (as defined in and facilities are not subject to regula- coveverable levels of metals;and
<br /> §261.1(c) of this chapter) are subject to tion under this subpart: n(
<br /> (D) The owner or operator will a
<br /> all applicable provisions of parts 262 ply with the sampling and analysis ane
<br /> through 265, 270 and 124 of this chapter- (1) Used oil burned for energy recov- recordkeeping requirements of thi;
<br /> p ery that is also a hazardous waste sole- paragraph;
<br /> ly because it exhibits a characteristic (ii) Sample and analyze the hazard
<br /> Subpart G—Spent Lead-Acid of hazardous waste identified in sub- ous waste and other feedstocks as nee
<br /> Batteries Being Reclaimed part C of part 261 of this chapter. Such essary to comply with the require
<br /> used oil is subject to regulation under ments of this paragraph under proce
<br /> §266.80 Applicability and require- part 279 of this chapter; dares specified by Test Methods fo
<br /> meats. (2) Gas recovered from hazardous or Evaluating Solid Waste, Physical
<br /> (a) The regulations of this subpart solid waste landfills when such gas is Chemical Methods, SW-846, incor
<br /> apply to persons who reclaim (includ- burned for energy recovery; porated by reference in §260.11 of thi
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