3745-273-02. Applicability of management standards for universal waste- batteries

(A) Batteries covered under Chapter 3745-273 of the Administrative Code.

(1) The requirements of Chapter 3745-273 of the Administrative Code apply to persons managing batteries, as described in rule 3745-273-09 of the Administrative Code, except those listed in paragraph (B) of this rule.

(2) Spent lead-acid batteries which are not managed under rule 3745-266-80 of the Administrative Code are subject to management under Chapter 3745-273 of the Administrative Code.

(B) Batteries not covered under Chapter 3745-273 of the Administrative Code. The requirements of Chapter 3745-273 of the Administrative Code do not apply to persons managing the following batteries:

(1) Spent lead-acid batteries that are managed under rule 3745-266-80 of the Administrative Code.

(2) Batteries, as described in rule 3745-273-09 of the Administrative Code, that are not yet wastes under Chapter 3745-51 of the Administrative Code, including those that do not meet the criteria for waste generation in paragraph (C) of this rule.

(3) Batteries, as described in rule 3745-273-09 of the Administrative Code, that are not hazardous waste. A battery is a hazardous waste if it exhibits one or more of the characteristics identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code.

(C) Generation of universal waste - batteries.

(1) A used battery becomes a waste on the date it is discarded (e.g., when sent for reclamation).

(2) An unused battery becomes a waste on the date the handler decides to discard it.

Eff 9-2-97; 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 review date: Exempt
This rule is promulgated so that Ohio may administer a hazardous waste program as required by Section 6926 of the Resource Conservation and Recovery Act ( 42 U.S.C. Section 6901 ET SEQ.) and federal regulations promulgated thereunder ( 40 C.F.R. Part 271 )