NDAC 33.1-24-05-235

Applicability and requirements of spent lead-acid batteries being reclaimed

Last amended: 2020Year: 2026Length: 801 wordsOfficial source

Cite as N.D. Admin. Code § 33.1-24-05-235

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 Are subject to chapter 33.1-24-02 and section 33.1-24-03-02. 33.1-24-05-929, and the notification requirements of section 33.1-24-03-03. (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 Do not store these Are exempt from Are subject to chapter other than through regeneration. batteries before you reclaim them. 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. 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 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 33.1-24-05-01 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, section 33.1-24-03-02, and 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, 33.1-24-05, 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 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 33.1-24-05-249, 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. 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.