North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - 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 33-24-05-235 - 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 33-24-05-700 through 33-24-05-799.
If the batteries:
(1) Will be reclaimed through regeneration (such
								  as by electrolyte replacement).
And if you:
Then you: Are exempt from 33-24-03 (except for
								  section 33-24-03-02), 33-24-04, 33-24-06,
								  and 33-24-07 and sections
								  33-24-05-01 through 33-24-05-599
								  and 33-24-05-800 through 33-24-05-929,
								  and the notification requirements of section
								  33-24-03-03.
And you:
Are subject to 33-24-02 and section
								  33-24-03-02.
(2) Will be reclaimed other than through
								  regeneration.
Generate, collect, or transport, or any
								  combination of the above, these batteries.
Are exempt from 33-24-03 (except for section
								  33-24-03-02), 33-24-04, 33-24-06,
								  and 33-24-07 and sections
								  33-24-05-01 through 33-24-05-249,
								  33-24-05-300 through 33-24-05-599,
								  and 33-24-05-800 through 33-24-05-929,
								  and the notification requirements of section
								  33-24-03-03.
Are subject to 33-24-02 and section
								  33-24-03-02, and the applicable
								  provisions of sections
								  33-24-05-250 through
								  33-24-05-299.
(3) Will be reclaimed other than through
								  regeneration.
Store these batteries but are not the
								  reclaimer.
Are exempt from 33-24-03 (except for section
								  33-24-03-02), 33-24-04, 33-24-06,
								  and 33-24-07 and sections
								  33-24-05-01 through 33-24-05-249,
								  33-24-05-300 through 33-24-05-599,
								  and 33-24-05-800 through 33-24-05-929,
								  and the notification requirements of section
								  33-24-03-03.
Are subject to 33-24-02 and section
								  33-24-03-02, and the applicable
								  provisions of sections
								  33-24-05-250 through
								  33-24-05-299.
(4) Will be reclaimed other than through
								  regeneration.
Store these batteries before you reclaim
								  them.
Must comply with subsection 2 of section
								  33-24-05-235 and as appropriate
								  other regulatory provisions in subsection 2 of section 33-24-06-235.
Are subject to 33-24-02 and section
								  33-24-03-02, and the applicable
								  provisions of sections
								  33-24-05-250 through
								  33-24-05-299.
(5) Will be reclaimed other than through
								  regeneration.
Do not store these batteries before you reclaim
								  them.
Are exempt from 33-24-03 (except for section
								  33-24-03-02), 33-24-04, 33-24-06,
								  and 33-24-07 and sections
								  33-24-05-01 through 33-24-05-249,
								  33-24-05-300 through 33-24-05-599,
								  and 33-24-05-800 through 33-24-05-929,
								  and the notification requirements of section
								  33-24-03-03.
Are subject to 33-24-02 and section
								  33-24-03-02, and the applicable
								  provisions of sections
								  33-24-05-250 through
								  33-24-05-299.
(6) Will be reclaimed through regeneration or any
								  other means.
Export these batteries for reclamation in a
								  foreign country.
Are exempt from 33-24-03 (except for section
								  33-24-03-02), 33-24-04, 33-24-06,
								  and 33-24-07 and sections
								  33-24-05-01 through 33-24-05-559
								  and 33-24-05-800 through 33-24-05-929,
								  and the notification requirements of section
								  33-24-03-03, and except for the
								  applicable requirements in either: (1) Sections 33-24-03-50 through
								  33-24-03-59; or (2) Section
								  33-24-03-20 "Notification of
								  Intent to Export", subdivisions a through d and f of subsection 1 and
								  subsection 2 of section
								  33-24-03-23 "Annual Reports", and
								  section 33-24-03-24
								  "Recordkeeping."
Are subject to 33-24-02 and section
								  33-24-03-02, and either must
								  comply with sections 33-24-03-50 through 33-24-03-59 (if shipping to one of the
								  organization for economic cooperation and development countries specified in
								  subdivision a of subsection 1 of section 33-24-03-25, or must: (a) Comply with
								  the requirements applicable to a primary exporter in section
								  33-24-03-20, subdivisions a
								  through d and f of subsection 1 and subsection 2 of section
								  33-24-03-23 and section
								  33-24-03-24; (b) Export these
								  batteries only upon consent of the receiving country and in conformance with
								  the environmental protection agency acknowledgment of consent as defined in
								  sections 33-24-03-17 through 33-24-03-25;
								  and (c) Provide a copy of the environmental protection agency acknowledgment 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 United States to
								  export them for reclamation in a foreign country.
Are exempt from 33-24-04, 33-24-06, and 33-24-07
								  and sections
								  33-24-05-01 through 33-24-05-559
								  and 33-24-05-800 through 33-24-05-929,
								  and the notification requirements of section
								  33-24-03-03.
Must comply with applicable requirements in
								  sections 33-24-03-50 through 33-24-03-59 (if shipping to one of the
								  organization for economic cooperation and development countries specified in
								  subdivision a of subsection 1 of section 33-24-03-25, or must comply with the
								  following: (a) May not accept a shipment if the shipment does not conform to
								  the environmental protection agency acknowledgment of consent; (b) Must ensure
								  that a copy of the environmental protection agency acknowledgment of consent
								  accompanies the shipment; and (c) Must ensure that the shipment is delivered to
								  the facility designated by the person initiating the shipment.
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
				  33-24-03-03.
b. All applicable provisions in sections
				  33-24-05-01 through 33-24-05-143,
				  and sections 33-24-05-950 through 33-24-05-1149, except sections
				  33-24-05-04,
				  33-24-05-38, and
				  33-24-05-39.
c. All applicable regulations in 33-24-06 and
				  33-24-07.