North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › SPENT LEAD ACID BATTERIES BEING RECLAIMED › Section 33.1-24-05-235 - Applicability and requirements of spent lead-acid batteries being reclaimed

Current through Supplement No. 393, July, 2024
1. For a facility that generates, collects,
				  transports, stores, or regenerates lead-acid batteries for reclamation
				  purposes, the facility may be exempt from certain hazardous waste management
				  requirements. Use the following table to determine which requirements apply.
				  Alternatively, a generator may choose to manage spent lead-acid batteries under
				  the universal waste rules in sections 33.1-24-05-700 through 33.1-24-05-799.
If the batteries:
And if you:
Then you:
And you:
(1) Will be reclaimed through regeneration (such
								  as by electrolyte replacement).
Are exempt from chapters 33.1-24-03 (except for
								  section 33.1-24-03-02), 33.1-24-04, 33.1-24-06, and 33.1-24-07 and sections
								  33.1-24-05-01 through 33.1-24-05-599 and 33.1-24-05-800 through 33.1-24-05-929,
								  and the notification requirements of section 33.1-24-03-03.
Are subject to chapter 33.1-24-02 and section
								  33.1-24-03-02.
(2) Will be reclaimed other than through
								  regeneration.
Generate, collect, or transport, or any
								  combination of the above, these batteries.
Are exempt from chapters 33.1-24-03 (except for
								  section 33.1-24-03-02), 33.1-24-04, 33.1-24-06, and 33.1-24-07 and sections
								  33.1-24-05-01 through 33.1-24-05-249, 33.1-24-05-300 through 33.1-24-05-599,
								  and 33.1-24-05-800 through 33.1-24-05-929, and the notification requirements of
								  section 33.1-24-03-03.
Are subject to chapter 33.1-24-02 and section
								  33.1-24-03-02, and the applicable provisions of sections 33.1-24-05-250 through
								  33.1-24-05-299.
(3) Will be reclaimed other than through
								  regeneration.
Store these batteries but are not the
								  reclaimer.
Are exempt from chapters 33.1-24-03 (except for
								  section 33.1-24-03-02), 33.1-24-04, 33.1-24-06, and 33.1-24-07 and sections
								  33.1-24-05-01 through 33.1-24-05-249, 33.1-24-05-300 through 33.1-24-05-599,
								  and 33.1-24-05-800 through 33.1-24-05-929, and the notification requirements of
								  section 33.1-24-03-03.
Are subject to chapter 33.1-24-02 and section
								  33.1-24-03-02, and the applicable provisions of sections 33.1-24-05-250 through
								  33.1-24-05-299.
(4) Will be reclaimed other than through
								  regeneration.
Store these batteries before you reclaim
								  them.
Must comply with subsection 2 of section
								  33.1-24-05-235 and, as appropriate, other regulatory provisions in subsection 2
								  of section 33.1-24-06-235.
Are subject to chapter 33.1-24-02 and section
								  33.1-24-03-02, and the applicable provisions of sections 33.1-24-05-250 through
								  33.1-24-05-299.
(5) Will be reclaimed other than through
								  regeneration.
Do not store these batteries before you reclaim
								  them.
Are exempt from chapters 33.1-24-03 (except for
								  section 33.1-24-03-02), 33.1-24-04, 33.1-24-06, and 33.1-24-07 and sections
								  33.1-24-05-01 through 33.1-24-05-249, 33.1-24-05-300 through 33.1-24-05-599,
								  and 33.1-24-05-800 through 33.1-24-05-929, and the notification requirements of
								  section 33.1-24-03-03.
Are subject to chapter 33.1-24-02 and section
								  33.1-24-03-02, and the applicable provisions of sections 33.1-24-05-250 through
								  33.1-24-05-299.
(6) Will be reclaimed through regeneration or any
								  other means.
Export these batteries for reclamation in a
								  foreign country.
Are exempt from chapters 33.1-24-03 (except for
								  section 33.1-24-03-02), 33.1-24-04, 33.1-24-06, and 33.1-24-07 and sections
								  33.1-24-05-01 through 33.1-24-05-559 and 33.1-24-05-800 through 33.1-24-05-929,
								  and the notification requirements of section 33.1-24-03-03, and except for the
								  applicable requirements in either:
(1) Sections 33.1-24-03-50 through 33.1-24-03-59;
								  or
(2) Section 33.1-24-03-20 "Notification of Intent
								  t Export", subdivisions a through d and f of subsection 1 and subsection 2 of
								  section 33.1-24-03-23 "Annua Reports", and section 33.1-24-03-24
								  "Recordkeeping."Are exempt from chapter 33.1-24-03 (except for 33.1-24-03-02,
								  33.1-24-03-03, 33.1-24-03-14, and 33.1-24-03-50 through 33.1-24-03-59), chapter
								  33.1-24-04, sections 33.1-24-05-0 through 33.1-24-05-559 and 33.1-24-05-800
								  through 33.1-24-05-929, chapter 33.1-24-06, chapter 33.1-24-07 and the
								  notification requirements at section 3010 of Resource Conservation and Recovery
								  Act.
Are subject to chapter 33.1-24-02 and section
								  33.1-24-03-02, and either must comply with sections 33.1-24-03-50 through
								  33.1-24-03-55.
(7) Will be reclaimed through regeneration or any
								  other means.
Transport these batteries in the United States to
								  export them for reclamation in a foreign country.
Are exempt from chapters 33.1-24-04, 33.1-24-06,
								  and 33.1-24-07 and sections 33.1-24-05-01 through 33.1-24-05-559 and
								  33.1-24-05-800 through 33.1-24-05-929, and the notification requirements of
								  section 33.1-24-03-03. Are exempt from chapters 33.1-24-04, 33.1-24-05,
								  33.1-24-06, and 33.1-24-07, and the notification requirements at section 3010
								  of Resource Conservation and Recovery Act.
Must comply with applicable requirements in
								  sections 33.1-24-03-50 through 33.1-24-03-55.
(8) Will be reclaimed other than through
								  regeneration.
Import these batteries from a foreign country and
								  store these batteries, but you aren't the reclaimer.
Are exempt from chapters 33.1-24-03 (except for
								  sections 33.1-24-03-02, 33.1-24-03-03, and 33.1-24-03-50 through
								  33.1-24-03-55), 33.1-24-04, sections 33.1-24-05-01 through 33.1-24-05-209,
								  33.1-24-05-230 through 33.1-24-05-249, 33.1-24-05-300 through 309,
								  33.1-24-05-400 through 33.1-24-05-559, 33.1-24-05-800 through 33.1-24-05-929,
								  chapter 33.1-24-06, chapter 33.1-24-07, and the notification requirements at
								  section 3010 of Resource Conservation and Recovery Act.
Are subject to chapter 33.1-24-02, sections
								  33.1-24-03-02 and 33.1-24-03-03, 33.1-24-03-50 through 33.1-24-03-55, and
								  applicable provisions under sections 33.1-24-05-250 through
								  33.1-24-05-299
(9) Will be reclaimed other than through
								  regeneration.
Import these batteries from a foreign country,
								  and store these batteries before you reclaim them.
Must comply with subsection 2 of section
								  33.1-24-05-235 and as appropriate other regulatory provisions described in
								  subsection 2 of section 33.1-24-05-235.
Are subject to chapter 33.1-24-02, sections
								  33.1-24-03-02 and 33.1-24-03-03, 33.1-24-03-50 through 33.1-24-03-55, and
								  applicable provisions under sections 33.1-24-05-250 through
								  33.1-24-05-299.
(10) Will be reclaimed other than through
								  regeneration.
Import these batteries from a foreign country and
								  don't store these batteries before you reclaim them.
Are exempt from Chapters 33.1-24-03 (except for
								  sections 33.1-24-03-02, 33.1-24-03-03, and 33.1-24-03-50 through
								  33.1-24-03-55), 33.1-24-04, sections 33.1-24-05-01 through 33.1-24-05-209,
								  33.1-24-05-230 through 33.1-24-05-249, 33.1-24-05-300 through 309,
								  33.1-24-05-400 through 33.1-24-05-559, 33.1-24-05-800 through 33.1-24-05-929,
								  Chapter 33.1-24-06, Chapter 33.1-24-07, and the notification requirements at
								  section 3010 of Resource Conservation and Recovery Act.
Are subject to chapter 33.1-24-03-02, sections
								  33.1-24-03-02 and 33.1-24-03-03, 33.1-24-03-50 through 33.1-24-03-55, and
								  applicable provisions under sections 33.1-24-05-250 through
								  33.1-24-05-299.
2.
				  For a facility that stores spent lead-acid batteries before reclamation, but
				  not through regeneration, the facility is subject to the following
				  requirements:
a. Notification under section
				  33.1-24-03-03.
b. All applicable
				  provisions in sections 33.1-24-05-01 through 33.1-24-05-143, and sections
				  33.1-24-05-950 through 33.1-24-05-1149, except sections 33.1-24-05-04,
				  33.1-24-05-38, and 33.1-24-05-39.
c. All applicable regulations in chapters
				  33.1-24-06 and 33.1-24-07.