[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1522 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1522

 To amend the Solid Waste Disposal Act to provide management standards 
       and recycling requirements for spent lead-acid batteries.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 7, 1995

 Mr. Torres (for himself, Mr. Ackerman, Mr. Beilenson, Mr. Berman, Mr. 
Bonior, Mr. Brown of California, Mr. Bryant of Texas, Mr. Dellums, Ms. 
Eshoo, Mr. Evans, Mr. Fattah, Mr. Fazio of California, Mr. Filner, Mr. 
   Frank of Massachusetts, Mr. Frost, Ms. Harman, Mr. Lipinski, Mrs. 
Lowey, Mr. McDermott, Mr. Miller of California, Mr. Mineta, Mr. Moran, 
Ms. Pelosi, Mr. Romero-Barcelo, Ms. Roybal-Allard, Mrs. Schroeder, Mr. 
 Serrano, Ms. Slaughter, Mr. Vento, Mr. Walsh, Ms. Waters, Mr. Waxman, 
 Ms. Woolsey, and Mr. Yates) introduced the following bill; which was 
                 referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Solid Waste Disposal Act to provide management standards 
       and recycling requirements for spent lead-acid batteries.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lead Battery Recycling Incentives 
Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Consumption of lead in the United States has declined 
        since the early 1970s, when lead was widely used in paints and 
        as a gasoline additive, but substantial amounts of lead 
        continue to be used in a variety of products. The most 
        important of these is lead-acid batteries, used primarily in 
        motor vehicles. In 1987, batteries accounted for 78 percent of 
        all the lead used in manufacturing in the United States.
            (2) The lead in batteries can be easily recycled, but each 
        year a substantial amount of lead is released to the 
        environment when batteries are disposed of in landfills and 
        municipal incinerators. According to the Environmental 
        Protection Agency, 138,000 tons of lead were discarded in 
        batteries in 1986 (65 percent of total lead discards). Lead 
        discarded in batteries increased 64 percent between 1970 and 
        1986, and the Environmental Protection Agency projects a 
        further increase of 31 percent by the year 2000.
            (3) Since lead is an element that cannot be destroyed, its 
        continued release in any amount leads to increased amounts of 
        lead in the environment.
            (4) An increase in environmental lead loadings is harmful 
        to health and the environment. Because lead accumulates in body 
        tissues, exposure to lead can result in a variety of health 
        problems. Even low levels of exposure can lead to neurochemical 
        changes, altered behavior, or learning disabilities. Higher 
        levels of exposure can induce serious health effects, including 
        permanent damage to the central nervous system. Effects on the 
        brain and nervous systems have been observed at blood lead 
        levels once considered safe.
            (5) Children are especially susceptible to the adverse 
        consequences of lead in the environment. Those with high blood 
        levels are three times more likely to have a verbal IQ score 
        below 80. The detrimental impact on cognitive development will 
        continue into early adulthood.
            (6) General population exposures and blood lead levels 
        remain near recently identified medical effect levels. The 
        Environmental Protection Agency's Clean Air Scientific Advisory 
        Committee has recommended that the maximum acceptable blood 
        lead level for children be lowered from 25 mg/dl to 10-15 mg/
        dl. Approximately three to four million young children in the 
        Nation's cities suffer blood lead levels higher than 15 mg/dl.
            (7) Exposures to lead are higher for populations around 
        certain lead smelting facilities, populations in urban areas 
        with heavily contaminated soils, and populations living in 
        housing with lead-based paint or water delivery systems that 
        contain lead. Chronic low-level exposure can be most damaging 
        to these populations.
            (8) Federal, State, and local programs to reduce emissions 
        of lead have made significant progress but have not eliminated 
        human and environmental exposure to lead. Air emissions from 
        sources other than transportation have in fact remained 
        relatively steady since 1983.
            (9) Incineration of batteries in municipal solid waste 
        contributed 32 percent of the 8,100 metric tons of lead emitted 
        in the United States in 1987.
            (10) Seventeen percent of municipal solid waste (MSW) was 
        incinerated in 1990. But, since both the rate of incineration 
        and the amount of waste generated is increasing, the 
        Environmental Protection Agency projects that the amount of 
        waste incinerated will grow by 50 percent between 1990 and the 
        year 2000. The dramatic increase in incineration will greatly 
        contribute to the amount of airborne lead emissions, unless 
        measures are implemented to divert batteries from this type of 
        improper disposal. Continued incineration of batteries will 
        also increase the amount of lead disposed of in incinerator 
        ash, which, when landfilled, may leach into ground water.

SEC. 3. SPENT LEAD-ACID BATTERY MANAGEMENT REQUIREMENTS.

    (a) Management Standards for Spent Lead-Acid Batteries.--Subtitle C 
of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by 
adding at the end the following new section:

``SEC. 3024. MANAGEMENT STANDARDS FOR SPENT LEAD-ACID BATTERIES.

    ``(a) In General.--(1) Not later than 18 months after the date of 
the enactment of the Lead Battery Recycling Incentives Act, the 
Administrator shall promulgate regulations, in accordance with this 
section, for persons who generate, transport, store, recycle, or 
dispose of spent lead-acid batteries.
    ``(2) Such regulations shall include the recordkeeping requirements 
described in subsections (b)(4) and (c)(3), including a standard form 
that such persons may use for carrying out applicable recordkeeping 
requirements.
    ``(3) In developing such regulations, the Administrator shall 
conduct an analysis of the economic impact of the regulations on the 
recycling industry. The Administrator shall ensure that such 
regulations do not discourage the recovery or recycling of spent lead-
acid batteries, consistent with the protection of human health and the 
environment.
    ``(b) Generators.--
            ``(1) In general.--The Administrator shall promulgate 
        regulations establishing requirements for generators of spent 
        lead-acid batteries as necessary to protect human health and 
        the environment. Such regulations shall cover the storage and 
        transfer of batteries, recordkeeping, and such other matters as 
        the Administrator considers appropriate, including protection 
        against spillage and leakage of acid. In promulgating such 
        regulations, the Administrator shall take into account the 
        effect of such regulations on environmentally acceptable types 
        of lead-acid battery recycling and the effect of such 
        regulations on small quantity generators and generators which 
        are small businesses (as defined by the Administrator).
            ``(2) Storage.--The regulations shall require the following 
        with respect to storage of spent lead-acid batteries:
                    ``(A) No spent lead-acid batteries may be stored on 
                unprotected soil or in a manner which allows storm 
                water to pass over them.
                    ``(B) No spent lead-acid batteries may be stored 
                for more than a certain period of time, as defined in 
                the regulations.
            ``(3) Transfer.--The regulations shall require that a 
        generator must transfer spent lead-acid batteries to one of the 
        following:
                    ``(A) A spent lead-acid battery disposal facility 
                with a permit under section 3005.
                    ``(B) A secondary lead smelter.
                    ``(C) A spent lead-acid battery recycling facility 
                which recovers lead from spent lead-acid batteries and 
                which has a permit under section 3005.
                    ``(D) A battery transporter with a contract to 
                deliver the batteries to any facility described in 
                subparagraph (A), (B), or (C).
            ``(4) Recordkeeping.--The regulations shall require that a 
        generator of spent lead-acid batteries shall keep a record, for 
        a period of at least 3 years, with respect to each transfer of 
        batteries. The record shall contain the following:
                    ``(A) The date and quantity of batteries 
                transferred.
                    ``(B) The destination of the batteries transferred.
                    ``(C) A certification from either the transporter 
                of the batteries, or from the recycling facility, 
                disposal facility, or smelter to which the battery is 
                being transferred, that such facility or smelter has a 
                permit as required under this section or is exempt as 
                provided under this section.
            ``(5) Retailer requirements.--The regulations shall require 
        that a person who sells, or offers for sale, lead-acid 
        batteries shall accept from customers, if offered by customers, 
        spent lead-acid batteries of the same type as the batteries 
        sold and in a quantity approximately equal to the number of 
        batteries sold. The spent lead-acid batteries shall be accepted 
        at the place where lead-acid batteries are offered for sale.
    ``(c) Transporters.--
            ``(1) In general.--The Administrator shall promulgate 
        regulations establishing requirements for transporters of spent 
        lead-acid batteries as necessary to protect human health and 
        the environment. Such regulations shall cover recordkeeping and 
        such other matters as the Administrator considers appropriate, 
        including protection against spillage and leakage of acid.
            ``(2) Identification number.--The regulations shall require 
        that each transporter acquire an identification number from the 
        Environmental Protection Agency or from a State enforcing this 
        section.
            ``(3) Recordkeeping.--The regulations shall require that a 
        transporter of spent lead-acid batteries shall keep a record, 
        for a period of not less than 3 years, with respect to each 
        shipment of spent lead-acid batteries, containing the 
        following:
                    ``(A) The date of receipt, origin, and quantity of 
                spent lead-acid batteries transported.
                    ``(B) The destination of the batteries transported.
                    ``(C) A certification from the disposal facility or 
                smelter to which the batteries are being transported 
                that such facility or smelter has a permit as required 
                under this section or is exempt as provided under this 
                section.
                    ``(D) A certification from the disposal facility or 
                smelter to which the batteries are being transported 
                that the facility or smelter actually received the 
                quantity of batteries described in subparagraph (A).
    ``(d) Recyclers.--
            ``(1) In general.--The Administrator shall promulgate 
        regulations establishing requirements for recyclers of spent 
        lead-acid batteries as necessary to protect human health and 
        the environment. Such regulations shall cover the matters 
        described in this subsection and such other matters as the 
        Administrator considers appropriate, including protection 
        against spillage and leakage of acid. For purposes of 
        administration and enforcement, the Administrator shall 
        integrate the requirements of the regulations with, and shall 
        avoid duplication with, provisions of any other laws that 
        contain similar requirements.
            ``(2) Minimum requirements.--The regulations shall include 
        requirements respecting the following:
                    ``(A) Maintaining records of all spent lead-acid 
                batteries governed under provisions of this section and 
                the manner in which such batteries were managed under 
                this section. Such records at a minimum shall include, 
                with respect to each shipment of spent lead-acid 
                batteries, the date of receipt and quantity of 
                batteries received, the name and address of the 
                generator and transporter of such batteries, and the 
                certification described in subparagraph (C) of 
                subsection (c)(3).
                    ``(B) Reporting, monitoring, and inspection.
                    ``(C) Recycling of all batteries received by the 
                recycling facility in accordance with the requirements 
                established by the Administrator.
                    ``(D) The control of air emissions from secondary 
                lead smelters as may be necessary.
                    ``(E) Control of spillage and leakage of acid from 
                spent lead-acid batteries, including control of run-on 
                and run-off of stormwater from battery storage areas.
                    ``(F) Management practices for recycling battery 
                cases from spent lead-acid batteries.
                    ``(G) Contingency plans for effective action to 
                minimize and remediate potential environmental damage 
                caused by a mishap at any recycling facility.
                    ``(H) Management of slag or any other secondary 
                materials resulting from the secondary lead smelting 
                process as may be necessary.
                    ``(I) Compliance with such requirements for 
                corrective action and financial responsibility as may 
                be necessary or desirable.
    ``(e) Retention of State Authority.--Nothing in this section shall 
prohibit any State or political subdivision thereof from imposing any 
requirement regarding spent lead-acid batteries which is more stringent 
than any requirement established by this section.
    ``(f) Spent Lead-Acid Battery Recycling Education.--(1) The 
Administrator shall implement education activities and programs to 
inform the public and small businesses about the environmental and 
safety hazards associated with improper handling and disposal of spent 
lead-acid batteries, including the benefits derived from legitimate 
battery recycling. In carrying out his responsibilities under this 
subsection, the Administrator shall consult and assist the heads of 
Federal departments and agencies, appropriate State and local 
government agencies, educational institutions, trade associations, and 
other representatives of private sector organizations.
    ``(2) There is authorized to be appropriated to the Administrator 
not more than $150,000 for fiscal year 1996, and not more than $175,000 
for each of fiscal years 1997 and 1998 to carry out the purposes and 
requirements of this subsection.
    ``(g) Applicability.--This section applies to batteries which are 
transported to or managed by either a spent lead-acid battery recycling 
facility, a secondary lead smelter, or any facility that prepares 
batteries for recycling.
    ``(h) Definitions.--For purposes of this section:
            ``(1) The term `generator' means a commercial entity that 
        collects, stores, accumulates, or otherwise generates spent 
        lead-acid batteries. The term does not include an individual 
        who removes a battery from an automobile or light-duty truck 
        owned or operated by such individual and used only for personal 
        purposes.
            ``(2) The terms `lead-acid battery', `secondary lead 
        smelter', and `spent lead-acid battery recycling facility' have 
        the meanings given those terms by section 3025(e).''.
    (b) Technical Amendment.--The table of contents for subtitle C 
(contained in section 1001) is amended by adding at the end the 
following:

``Sec. 3024. Management standards for spent lead-acid batteries.''.

SEC. 4. SPENT LEAD-ACID BATTERY RECYCLING REQUIREMENTS.

    (a) In General.--Subtitle C of the Solid Waste Disposal Act is 
further amended by inserting after section 3024 the following new 
section:

``SEC. 3025. RECYCLING REQUIREMENTS FOR SPENT LEAD-ACID BATTERIES.

    ``(a) General Requirement.--(1) During the period beginning not 
later than 24 months after the date of the enactment of the Lead 
Battery Recycling Incentives Act and ending 10 years after such date, a 
producer or importer of lead-acid batteries each year shall recycle, 
using a method described in paragraph (2), an amount, by weight, of 
spent lead generated from lead-acid batteries equal to at least that 
amount of lead determined by--
            ``(A) multiplying the amount, by weight, of lead in lead-
        acid batteries produced for domestic use or consumption or 
        imported that year by such person, by
            ``(B) the recycling percentage established by the 
        Administrator under subsection (b).
    ``(2) A producer or importer of lead-acid batteries may comply with 
this subsection--
            ``(A) by reclaiming lead from spent lead-acid batteries and 
        using such lead in the production of new lead-acid batteries 
        (in compliance with the recycling requirements of section 3024 
        and regulations promulgated pursuant to such section);
            ``(B) by purchasing from secondary lead smelters lead 
        reclaimed from spent lead-acid batteries for purposes of 
        producing new lead-acid batteries or manufacturing lead 
        shielding by introducing such reclaimed lead into new batteries 
        or shielding; or
            ``(C) by purchasing recycling credits from another producer 
        of lead-acid batteries under the recycling credit system 
        established pursuant to subsection (c).
    ``(3) A producer or importer of new lead-acid batteries shall 
submit to the Administrator, under regulations promulgated by the 
Administrator, a report on the amount, by weight, of virgin and 
secondary lead used in new lead-acid batteries produced or imported in 
each calendar year by such person. The report shall be submitted at 
least once a year, but the Administrator also may require such interim 
reports under this paragraph as he considers necessary. The 
Administrator shall promulgate a methodology for determining the amount 
of lead for purposes of complying with this subsection. Such 
methodology may take into account the growth rate of production of 
lead-acid batteries and the normal life span of such batteries.
    ``(b) Recycling Percentage.--The Administrator each year shall 
establish a recycling percentage for use under subsection (a). The 
percentage applicable during the first year that the requirement 
established by subsection (a) is in effect shall be a 80 percent. For 
each of the 10 years thereafter, the recycling percentage shall be an 
additional 2 percentage points higher than the percentage of the 
previous year. Such recycling percentage shall go into effect 
automatically and shall be published in the Federal Register. If the 
rate exceeds 95 percent, the Administrator may waive or reduce the 2 
percent increase which would otherwise be required.
    ``(c) Credit System for Recycling Spent Lead-Acid Batteries.--(1) 
Not later than 18 months after the date of the enactment of the Lead 
Battery Recycling Incentives Act, the Administrator shall promulgate 
regulations to establish a system under which (A) a producer of lead-
acid batteries may create credits for any amount of spent lead-acid 
batteries recycled that is greater than the amount of such batteries 
required to be recycled by the producer under subsection (a), and (B) 
producers or importers of new lead-acid batteries may purchase such 
recycling credits from such recyclers, for purposes of complying with 
subsection (a). No person may create such credits, and no producer or 
importer of new lead-acid batteries may purchase such credits, except 
in accordance with this subsection and the regulations promulgated 
under this subsection. In developing the regulations, the Administrator 
shall, to the maximum extent feasible, allow for the use of records 
kept in the ordinary course of business or other approaches that 
facilitate the simple, rapid generation and exchange of credits without 
a case-by-case approval.
    ``(2) At a minimum, the regulations under paragraph (1) shall 
include the following requirements:
            ``(A) The owner or operator of any spent lead-acid battery 
        recycling facility or secondary lead smelter shall keep 
        receipts issued by any transporters who take delivery of the 
        spent batteries. The receipts shall be kept for at least 3 
        years and shall contain such information as the Administrator 
        deems appropriate. The owner or operator shall show such 
        receipts to the Administrator or to any State enforcing this 
        section upon demand.
            ``(B) Any person who transports spent lead-acid batteries 
        to a secondary lead smelter, by truck or other means, shall 
        obtain an identification number from the Administrator. Such 
        transporters shall issue receipts (as described in subparagraph 
        (A)) to the owners or operators of spent lead-acid battery 
        recycling facilities or secondary lead smelters.
            ``(C) A producer of lead-acid batteries is the only person 
        who may create a recycling credit for the recycling credit 
        system.
            ``(D) The owner or operator of a secondary lead smelter 
        shall certify to the Administrator that the lead being 
        reclaimed for purposes of being sold to producers or importers 
        of lead-acid batteries is the product of spent lead-acid 
        batteries or such other materials that the administrator shall 
        determine by regulations.
            ``(E) Effective 2 years after the credit system goes into 
        effect, the owner or operator of a secondary lead smelter shall 
        certify to the Administrator that the smelter is in compliance 
        with all applicable environmental and safety laws, including 
        the Clean Air Act, the Federal Water Pollution Control Act, the 
        Occupational Safety and Health Act, and this Act.
            ``(F) Effective 2 years after the credit system goes into 
        effect, a producer of lead-acid batteries may purchase lead 
        only from secondary lead smelters that have made the 
        certification required under subparagraph (E).
            ``(G) Any lead proposed to be reclaimed by a secondary lead 
        smelter for the purpose of being sold to a producer or importer 
        of lead-acid batteries shall come from an owner or operator of 
        spent lead-acid battery recycling facility or from a 
        transporter with an identification number.
            ``(H) The records that a secondary lead smelter must keep 
        are at least the following:
                    ``(i) The delivery receipts given by transporters 
                of batteries (as described in subparagraph (A)). Such 
                records shall be kept for at least 3 years.
                    ``(ii) A record of the amount, by weight, of spent 
                lead-acid batteries received for reclamation of lead.
                    ``(iii) A record of the quantities of reclaimed 
                lead sold or otherwise distributed in commerce and the 
                destinations of reclaimed lead. Part of such record 
                shall be a record of the quantities of reclaimed lead 
                sold to producers or importers of new lead-acid 
                batteries for the purpose of complying with subsection 
                (a).
            ``(I) Each year a producer or importer of new lead-acid 
        batteries shall keep records of the quantity of new lead-acid 
        batteries produced or imported, the amount of lead reclaimed 
        from spent lead-acid batteries to comply with subsection (a), 
        the amount of reclaimed lead purchased to comply with 
        subsection (a), the amount of recycling credits purchased 
        (including the names of producers of lead-acid batteries from 
        whom the credits were purchased and the dates of the 
        purchases), the price paid for the credits, and the amount (if 
        any) of recycling credits sold or carried over from previous 
        years. The regulations shall allow for a 2-year carryover of 
        credits.
    ``(3) The Administrator may include such other requirements in the 
regulations under paragraph (1) with respect to methods for auditing 
compliance with the system, enforcement of the system, and 
qualifications for secondary lead smelters, importers, and producers as 
the Administrator considers necessary or appropriate for administering 
the recycling credit system established under this subsection.
    ``(d) Reports.--(1) Not later than 6 years after the date of the 
enactment of the Lead Battery Recycling Incentives Act, the 
Administrator shall submit to Congress an interim report on the 
implementation of this section. The report shall include, at a 
minimum--
            ``(A) a discussion of the effects of the requirements of 
        this section on the battery industry, the spent lead-acid 
        battery recycling industry, and on the environment; and
            ``(B) an evaluation of the level of the recycling 
        percentage under subsection (b) and recommendations on whether, 
        and at what rate, the percentage should be increased in future 
        years above the percentage applicable under subsection (b).
    ``(2) Not later than 10 years after such date, the Administrator 
shall submit to Congress a final report on the implementation of this 
section. The report shall include an updated version of the discussion 
and evaluation required in the interim report, as well as such other 
findings and recommendations with respect to the implementation of this 
section as the Administrator considers appropriate.
    ``(e) Definitions.--For purposes of this section:
            ``(1) The term `producer' with respect to batteries means 
        any person who manufactures new lead-acid batteries for 
        domestic use. Such production does not include the smelting of 
        spent lead-acid batteries.
            ``(2) The term `importer' with respect to batteries means 
        any person who imports a new lead-acid battery either 
        individually or as part of an automobile or other vehicle.
            ``(3) The term `recycling credit' means a legal record of a 
        recycling activity undertaken in accordance with subsection (c) 
        that represents an amount, by weight, of lead recycled for 
        purposes of complying with subsection (a).
            ``(4) The term `secondary lead smelter' means a facility 
        which produces metallic lead from various forms of lead scrap, 
        including lead recovered from spent lead-acid batteries, and 
        which may also produce plastic chips that are sent for 
        reprocessing. The term includes a facility whose primary 
        activity is the production of virgin metallic lead from lead 
        ore concentrate, but which also is engaged in the production of 
        metallic lead from lead scrap recovered from spent lead-acid 
        batteries.
            ``(5) The term `recycling facility' or `spent lead-acid 
        battery recycling facility' means a facility that removes or 
        recovers lead from batteries in order to return such lead to a 
        secondary lead smelter.
            ``(6) The term `lead-acid battery' means any battery that 
        consists of lead and sulfuric acid, is used as a power source, 
        and has a capacity of 6 volts or more.
            ``(7) The term `generator of spent lead-acid battery' means 
        a business or individual who receives or accumulates spent 
        lead-acid batteries, but does not include businesses which 
        expose the contents of the battery. The term includes but is 
        not limited to the following:
                    ``(A) Automobile dismantlers.
                    ``(B) Scrap processors and recyclers.
                    ``(C) Auto parts and battery retailers.
                    ``(D) Auto parts and battery wholesalers.
                    ``(E) Automobile dealerships and sales.
                    ``(F) Battery distributors and other distributors.
                    ``(G) Other businesses and individuals who accept 
                spent lead/acid batteries.
    ``(f) Applicability.--This section applies to any person who 
produces or imports more than 10,000 pounds of new lead-acid batteries 
a year.
    ``(g) Regulations.--The Administrator shall promulgate regulations 
to implement this section not later than 18 months after the date of 
the enactment of the Lead Battery Recycling Incentives Act. If the 
Administrator fails to promulgate such regulations by that date, the 
recycling percentage under subsection (b) shall be 90 percent beginning 
on the date of enactment and continuing until such time as the 
regulations are promulgated.''.
    (b) Technical Amendment.--The table of contents for subtitle C 
(contained in section 1001) is further amended by adding at the end the 
following:

``Sec. 3025. Recycling requirements for spent lead-acid batteries.''.
                                 <all>
HR 1522 IH----2