Statutes, codes, and regulations
Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITYPart V - Hazardous Wastes and Hazardous MaterialsSubpart 1 - Department of Environmental Quality-Hazardous Waste
Chapter 41 - Recyclable Materials
Section V-4145 - Spent Lead-Acid Batteries Being Reclaimed

La. Admin. Code tit. 33 § V-4145

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Current through Register Vol. 50, No. 6, June 20, 2024
Section V-4145 - Spent Lead-Acid Batteries Being Reclaimed
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.
2. For permitted 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 15, except LAC 33:V.1519, 1521, 1523, 1525, 1527, 1529, and 1531;
c. all applicable provisions in LAC 33:V.1516, except Subsections B and C (dealing with the use of the manifest and manifest discrepancies); and
d. all applicable provisions in LAC 33:V.Chapters 3, 5, 7, 19, 21, 23, 29, 33, 35, and 37.

La. Admin. Code tit. 33, § V-4145

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 11:988 (October 1985), amended LR 11:1139 (December 1985), LR 13:237 (April 1987), LR 23:579 (May 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:287 (February 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 32:611 (April 2006), LR 32:830 (May 2006), LR 38:790 (March 2012), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46945 (7/1/2020).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.