e-CFR Navigation Aids


Simple Search

Advanced Search

 — Boolean

 — Proximity


Search History

Search Tips


Latest Updates

User Info


Agency List

Incorporation By Reference

eCFR logo

Related Resources

Electronic Code of Federal Regulations

e-CFR data is current as of July 8, 2020

Title 40Chapter ISubchapter NPart 461 → Subject Group

Title 40: Protection of Environment

General Provisions

§461.1   Applicability.

This part applies to any battery manufacturing plant that discharges or may discharge a pollutant to waters of the United States or that introduces pollutants to a publicly owned treatment works. Battery manufacturing operations subject to regulation under this part shall not be subject to regulation under part 413 or 433.

§461.2   General definitions.

In addition to the definitions set forth in 40 CFR part 401, the following definitions apply to this part:

(a) “Battery” means a modular electric power source where part or all of the fuel is contained within the unit and electric power is generated directly from a chemical reaction rather than indirectly through a heat cycle engine. In this regulation there is no differentiation between a single cell and a battery.

(b) “Battery manufacturing operations” means all of the specific processes used to produce a battery including the manufacture of anodes and cathodes and associated ancillary operations. These manufacturing operations are excluded from regulation under any other point source category.

(c) “Ancillary operations” means all of the operations specific to battery manufacturing and not included specifically within anode or cathode manufacture (ancillary operations are primarily associated with battery assembly and chemical production of anode or cathode active materials).

(d) “Plate soak” shall mean the process operation of soaking or reacting lead subcategory battery plates, that are more than 2.5 mm (0.100 in) thick, in sulfuric acid.

(e) “Discharge allowance” means the amount of pollutant (mg per kg of production unit) that a plant will be permitted to discharge. For this category the allowances are specific to battery manufacturing operations.

(f) “Miscellaneous wastewater streams” shall mean the combined wastewater streams from the process operations listed below for each subcategory. If a plant has one of these streams then the plant receives the entire miscellaneous waste stream allowance.

(1) Cadmium subcategory. Cell wash, electrolyte preparation, floor and equipment wash, and employee wash.

(2) Lead subcategory. Floor wash, wet air pollution control, battery repair, laboratory, hand wash, and respirator wash.

(3) Lithium subcategory. Floor and equipment wash, cell testing, and lithium scrap disposal.

(4) Zinc subcategory. Cell wash, electrolyte preparation, employee wash, reject cell handling, floor and equipment wash.

(g) “Trucked batteries” shall mean batteries moved into or out of the plant by truck when the truck is actually washed in the plant to remove residues left in the truck from the batteries.

§461.3   Monitoring and reporting requirements.

The “monthly average” regulatory values shall be the basis for the monthly average discharge in direct discharge permits and for pretreatment standards. Compliance with the monthly discharge limit is required regardless of the number of samples analyzed and averaged.

§461.4   Compliance date for PSES.

The compliance date for pretreatment standards for existing sources is March 9, 1987.

Need assistance?