Statutes, codes, and regulations
Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITYPart V - Hazardous Waste 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. 11, November 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.Chapter 22.

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.Chapter 22.

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 (except for 1005 and 1017) and 11 (except for Subchapter B).

are subject to LAC 33:V.Chapters 1 and 49 as applicable and LAC 33:V.1005, 1017, and 3105, Table 1, and LAC 33:V.Chapter 11.Subchapter B.

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.

shall comply with applicable requirements in LAC 33:V.Chapter 11.Subchapter B.

8. will be reclaimed other than through regeneration.

import these batteries from foreign country and store these batteries but you aren't the reclaimer.

are exempt from LAC 33:V.Chapters 3, 5, 7, 10 (except for 1005 and 1017), 11 (except for Subchapter B), 13, 15, 17,19, 21, 23, 25, 27, 28, 29, 30, 32, 33, 35, 37, and 43, and the notification requirements at Section 3010 of RCRA.

are subject to LAC 33:V. Chapters 1 and 49, LAC 33:V.1005, 1017, and 3105, Table 1, LAC 33:V.Chapter 11.Subchapter B, and applicable provisions under LAC 33:V.Chapter 22.

9. will be reclaimed other than through regeneration.

import these batteries from foreign country and store these batteries before you reclaim them.

shall comply with LAC 33:V.4145.B, and as appropriate other regulatory provisions described in 4145.B.

are subject to LAC 33:V. Chapters 1 and 49, LAC 33:V.1005, 1017, 1103, and 3105, Table 1, LAC 33:V.Chapter 11.Subchapter B, and applicable provisions under LAC 33:V.Chapter 22.

10. will be reclaimed other than through regeneration.

import these batteries from foreign country and don't store these batteries before you reclaim them.

are exempt from LAC 33:V.Chapters 3, 5, 7, 10 (except for 1005), 11 (except for Subchapter B), 13, 15, 17,19, 21, 23, 25, 27, 28, 29, 30, 32, 33, 35, 37, 43, and the notification requirements at Section 3010 of RCRA.

are subject to LAC 33:V. Chapters 1 and 49, LAC 33:V.1005, 1017, and 3105, Table 1, LAC 33:V.Chapter 11.Subchapter B, and applicable provisions under LAC 33:V.Chapter 22.

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), Amended LR 501464 (10/1/2024).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.