Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 41 - Recyclable Materials › Section V-4145 - Spent Lead-Acid Batteries Being Reclaimed

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability. If you generate, collect,
				  transport, store, or re-generate lead-acid batteries for reclamation purposes,
				  you may be exempt from certain hazardous waste management requirements. Use the
				  following table to determine which requirements apply to you. Alternatively,
				  you may choose to manage your spent lead-acid batteries under the Universal
				  Waste rule in LAC 33:V.Chapter 38.
If Your Batteries:
And
If
You:
Then You:
And You:
1. will be reclaimed through regeneration (such as
								by electrolyte replacement);
are exempt from LAC 33:V.Subpart 1 except for LAC
								33:V.Chapters 1 and 49, and LAC 33:V.1005 and 3105, Table 1, and the
								notification requirements at Section 3010 of RCRA and LAC 33:V.105;
are subject to LAC 33:V.Chapters 1 and 49 and LAC
								33:V.1005 and 3105, Table 1.
2. will be reclaimed other than through
								regeneration;
generate, collect, and/or transport these
								batteries;
are exempt from LAC 33:V.Subpart 1 except for LAC
								33:V.Chapters 1 and 49, and LAC 33:V.1005 and 3105, Table 1, and the
								notification requirements at Section 3010 of RCRA and LAC 33:V.105;
are subject to LAC 33:V. Chapters 1 and 49 and LAC
								33:V.1005 and 3105, Table 1, and applicable provisions under LAC
								33:V.Chapter22.
3. will be reclaimed other than through
								regeneration;
store these batteries, but you aren't the
								reclaimer;
are exempt from LAC 33:V.Subpart 1 except for LAC
								33:V.Chapters 1 and 49, and LAC 33:V.1005 and 3105, Table 1, and the
								notification requirements at Section 3010 of RCRA and LAC 33:V.105;
are subject to LAC 33:V.Chapters 1 and 49 and LAC
								33:V.1005 and 3105, Table 1, and applicable provisions under LAC
								33:V.Chapter22.
4. will be reclaimed other than through
								regeneration;
store these batteries before you reclaim
								them;
must comply with LAC 33:V.4145.B and, as
								appropriate, other regulatory provisions described in LAC 33:V.4145.B;
are subject to LAC 33:V.Chapter 49 and LAC
								33:V.1005 and 3105, Table 1, and applicable provisions under LAC 33:V.Chapter
								22.
5. will be reclaimed other than through
								regeneration;
don't store these batteries before you reclaim
								them;
are exempt from LAC 33 :V.Subpart 1 except for LAC
								33:V.Chapters 1 and 49 and LAC 33:V.1005 and 3105, Table 1, and the
								notification requirements at Section 3010 of RCRA and LAC 33:V.105;
are subject to LAC 33:V.Chapter 49 and LAC
								33:V.1005 and 3105, Table 1, and applicable provisions under LAC 33:V.Chapter
								22.
6. will be reclaimed through regeneration or any
								other means.
export these batteries for reclamation in a foreign
								country.
are exempt from LAC 33:V.Chapters 3, 5, 7, 13, 15,
								17,19,21,22,23,25,27,28,29, 30, 32, 33, 35, 37, and 43, and the notification
								requirements at section 3010 of RCRA. You are also exempt from LAC
								33:V.Chapters 10 and 11, except for LAC 33:V.1005, and except for the
								applicable requirements in either:
(a)LAC 33:V.1125;or
(b)LAC 33:V.1113.D "Notification of Intent to
								Export", LAC 33:V.1113.G.l.a-d, f and G.2 "Annual Reports", and LAC 33:V.1113.H
								"Recordkeeping".
are subject to LAC 33:V.Chapters 1, 31, 39, 41, and
								49 as applicable and LAC 33:V.1005, and either must comply with LAC 33:V.1125.A
								(if shipping to one of the OECD countries specified in LAC 33:V.1113.I.l.a), or
								shall:
(a)comply with the requirements applicable to a
								primary exporter in LAC 33:V.1113.D, G.l.a-d, G.2, and H.
(b)export these batteries only upon consent of the
								receiving country and in conformance with the EPA Acknowledgement of Consent as
								defined in LAC 33:V.1113.A-I.2; and
(c)provide a copy of the EPA Acknowledgement of
								Consent for the shipment to the transporter transporting the shipment for
								export.
7. will be reclaimed through regeneration or any
								other means.
transport these batteries in the U. S. to export
								them for reclamation in a foreign country.
are exempt from LAC 33:V.Chapters 3, 5, 7, 13, 15,
								17,19,21,22,23,25,27,28,29, 30, 31,32, 33, 35, 37, 41, and 43, and the
								notification requirements at section 3010 of RCRA.
must comply with applicable requirements in LAC
								33:V.1125 (if shipping to one of the OECD countries specified in LAC
								33:V.1113.1.1.a, or must comply with the following:
(a)you may not accept a shipment if you know the
								shipment does not conform to the EPA Acknowledgement of Consent;
(b)you must ensure that a copy of the EPA
								Acknowledgement of Consent accompanies the shipment; and
(c)you must ensure that the shipment is delivered
								to the facility designated by the person initiating the shipment.
B.
				  Requirements. The requirements of this Section apply to you if you store spent
				  lead-acid batteries before you reclaim them, but you don't reclaim them through
				  regeneration. The requirements are slightly different depending on your RCRA
				  permit status.
1. For interim status
				  facilities, you must comply with:
a.
				  notification requirements under Section 3010 of RCRA and LAC
				  33:V.105;
b. all applicable
				  provisions in LAC 33:V.Chapter 43, except LAC 33:V.4313 (waste analysis), and
				  4353 and 4355 (dealing with the use of the manifest and manifest
				  discrepancies); and
c. all
				  applicable provisions in LAC 33:V.Chapters 3, 5, and 7.