[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[Senate]
[Pages S11725-S11727]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH:
  S. 2157. A bill to amend the Solid Waste Disposal Act to provide for 
the efficient collection and recycling of spent lead-acid batteries and 
educate the public concerning the collection and recycling of such 
batteries, and for other purposes; to the Committee on Environment and 
Public Works.


                  THE LEAD ACID BATTERY RECYCLING ACT

  Mr. SMITH. Mr. President, I introduce lead-acid battery recycling 
legislation. This legislation, entitled the ``Lead-Acid Battery 
Recycling Act,'' is intended to strengthen and make uniform the 
existing lead-acid battery recycling infrastructure by establishing a 
mandatory recycling program for lead-acid batteries.
  This legislation would prohibit the incineration and landfill 
disposal of used lead-acid batteries and require that these batteries 
be managed through a reverse distribution system. Under this 
legislation, used lead-acid batteries would have to be delivered in 
reverse order to battery retailers, wholesalers, manufacturers, 
recycling facilities or automotive dismantlers and ultimately to 
secondary smelters for recycling.
  There is little doubt that lead-acid batteries are an extremely 
useful product. They are used in a variety of applications ranging from 
lighting and ignition systems for automobiles, power sources for 
electric vehicles, emergency lighting, and standby telecommunication 
systems. The lead contained in these batteries is, however, a cause for 
concern. Furthermore, given the fact that lead-acid batteries account 
for approximately 80 percent of all the lead consumed in the United 
States, they merit special attention.
  This special attention has resulted in implementation of aggressive 
lead-acid battery recycling programs by many State and local 
governments as well as

[[Page S11726]]

the battery industry. Lead-acid batteries have now become the Nation's 
most successfully recycled commodity. According to the most recent 
statistics, over the last 5 years the lead-acid battery recycling rate 
in the United States has been at least 95 percent. This rate is 
unparalleled among any other recyclable commodity.
  Forty-two States have adopted lead battery recycling legislation 
similar to this legislation. These 42 States account for over 85 
percent of the Nation's population. However, there are variations among 
the State programs that create problems for the free flow of batteries 
in interstate commerce. My bill would reenforce the existing lead-acid 
battery recycling infrastructure now in place throughout the United 
States while making it more uniform nationwide.
  This legislation is self-implementing, and does not require further 
development through regulation. Rather, this legislation builds upon 
the existing lead-acid battery collection and recycling system now in 
place in many States.
  Upon enactment, the incineration and landfill disposal of used lead-
acid batteries will be expressly prohibited. However, owners and 
operators of a municipal solid waste landfills, incinerators or 
collection programs that inadvertently receive used lead-acid batteries 
that are not readily removable from municipal solid waste would not be 
liable for violating the recycling provisions of this bill.
  In general, this legislation would require used lead-acid batteries 
to be delivered to battery retailers, wholesalers, manufacturers, 
automotive dismantlers, secondary lead smelters, or recycling 
facilities regulated by a State or subject to regulation by the 
Administrator under the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.). Used lead-acid batteries could continue to be lawfully collected 
through community collection and recycling programs set up by States 
and localities.
  Although recycling is becoming an every day fact of life in the minds 
of the public, to ensure further consumer participation in the program, 
retailers are required to accept used lead acid batteries from 
consumers without requiring the purchase of a new lead-acid battery. In 
addition, battery manufacturers or their authorized representatives--
such as shippers delivering new batteries--will be required to accept 
used lead-acid batteries from their customers.
  I have included provisions for labeling and notification that are 
intended to ensure that consumers are aware of the recycling 
requirements under law. These provisions are not intended to affect or 
limit in any way the battery industry's efforts to display recycling 
symbols intended to encourage recycling.
  Mr. President, as I discussed above, my legislation is substantially 
similar to battery recycling legislation adopted in 42 States. The bill 
is strongly supported by the Battery Council International. I believe 
this legislation provides a substantial improvement in our ability to 
remove these batteries from our Nation's solid waste stream and I would 
encourage all of my colleagues to cosponsor this legislation.
  Mr. President, I realize that, in the twilight of this legislative 
session, there is virtually no chance of this bill will become law 
before this Congress adjourns. Yet, I am introducing it today with the 
desire that the States, the Environmental Protection Agency, 
environmental groups, and the regulated entities will have a chance to 
review it, judge its merits, and provide me with comments on how this 
legislation could be improved. It is my desire, that upon our return in 
January, to hold hearings on this legislation and to move it to the 
full Senate for passage early in 1997.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2157

       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-Acid Battery Recycling 
     Act''.

      SEC. 2. RECYCLING OF LEAD-ACID BATTERIES.

       (a) In General.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 4011. RECYCLING OF LEAD-ACID BATTERIES.

       ``(a) Definitions.--In this section:
       ``(1) Lead-acid battery.--The term `lead-acid battery' 
     means a battery that--
       ``(A) contains lead and sulfuric acid;
       ``(B) is used as a power source; and
       ``(C) is not a rechargeable battery.
       ``(2) Municipal solid waste.--The term `municipal solid 
     waste' means--
       ``(A) solid waste generated by the general public or from a 
     residential, commercial, institutional, or industrial source, 
     consisting of paper, wood, yard waste, plastics, leather, 
     rubber, and other combustible material and noncombustible 
     material such as metal and glass, including residue remaining 
     after recyclable material has been separated from waste 
     destined for disposal, and including waste material removed 
     from a septic tank, septage pit, or cesspool (other than from 
     portable toilets); but
       ``(B) does not include--
       ``(i) waste identified or listed as a hazardous waste under 
     section 3001 of this Act or waste regulated under the Toxic 
     Substances Control Act (15 U.S.C. 2601 et seq.);
       ``(ii) waste, including contaminated soil and debris, 
     resulting from a response action taken under section 104 or 
     106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604, 
     9606) or any corrective action taken under this Act;
       ``(iii) medical waste listed in section 11002;
       ``(iv) industrial waste generated by manufacturing or 
     industrial processes, including waste generated during scrap 
     processing and scrap recycling;
       ``(v) recyclable material; or
       ``(vi) sludge.
       ``(3) Rechargeable battery.--The term `rechargeable 
     battery'--
       ``(A) means 1 or more voltaic or galvanic cells, 
     electrically connected to produce electric energy, that is 
     designed to be recharged for repeated uses; and
       ``(B) includes any type of enclosed device or sealed 
     container consisting of 1 or more such cells, including what 
     is commonly called a battery pack; but
       ``(C) does not include--
       ``(i) a battery that is used to start an internal 
     combustion engine or is used as the principal electrical 
     power source for a vehicle, such as an automobile, truck, 
     construction equipment, motorcycle, garden tractor, golf 
     cart, wheelchair, or boat;
       ``(ii) a battery that is used for load leveling or for 
     storage of electricity generated by an alternative energy 
     source, such as a solar cell or wind-driven generator;
       ``(iii) a battery that is used as a backup power source for 
     memory or program instruction storage, timekeeping, or any 
     similar purpose that requires uninterrupted electrical power 
     in order to function if the primary energy supply fails or 
     fluctuates momentarily; or
       ``(iv) a rechargeable alkaline battery.
       ``(b) Prohibition.--
       ``(1) In general.--A person shall not--
       ``(A) place a lead-acid battery in a landfill;
       ``(B) incinerate a lead-acid battery; or
       ``(C) otherwise dispose of a lead-acid battery in a manner 
     other than in accordance with subsection (c).
       ``(2) Commingled waste.--A person that is an owner or 
     operator of a municipal solid waste landfill, incinerator, or 
     collection program that receives a lead-acid battery that--
       ``(A) is commingled with municipal solid waste (other than 
     lead-acid batteries); and
       ``(B) is not readily removable from the waste stream,

     shall not be considered to violate paragraph (1) if the owner 
     or operator has established contractual requirements or other 
     appropriate notification or inspection procedures that are 
     reasonably designed to ensure that no lead-acid battery is 
     received at, or burned in, the landfill or incinerator 
     facility or accepted through the collection program.
       ``(c) Lawful Disposal.--
       ``(1) By persons in general.--
       ``(A) In general.--A person (other than a person described 
     in paragraph (2), (3), or (4)) shall return a spent lead-acid 
     battery by delivering the battery to 1 of the authorized 
     recipients described in subparagraph (B).
       ``(B) Authorized recipients.--The authorized recipients 
     described in this subparagraph are--
       ``(i) a person that sells lead-acid batteries at retail or 
     wholesale;
       ``(ii) a lead smelter regulated by a State or the 
     Administrator under this Act or the Clean Air Act (42 U.S.C. 
     7401 et seq.);
       ``(iii) an automotive dismantler or scrap dealer (as 
     defined by the Administrator);
       ``(iv) a collection entity, program, or facility designated 
     by a State to accept spent lead-acid batteries; and
       ``(v) a manufacturer of lead-acid batteries of the same 
     general type as the type delivered.
       ``(2) By retailers.--
       ``(A) In general.--A person that sells lead-acid batteries 
     at retail shall return a spent lead-acid battery by 
     delivering the battery to 1 of the authorized recipients 
     described in subparagraph (B).
       ``(B) Authorized recipients.--The authorized recipients 
     described in this subparagraph are--
       ``(i) a person that sells lead-acid batteries at wholesale;
       ``(ii) a lead smelter regulated by a State or the 
     Administrator under this Act or the Clean Air Act (42 U.S.C. 
     7401 et seq.);

[[Page S11727]]

       ``(iii) an automotive dismantler or scrap dealer (as 
     defined by the Administrator);
       ``(iv) a manufacturer of lead-acid batteries of the same 
     general type as the type delivered; and
       ``(v) a collection entity, program, or facility designated 
     by a State to accept spent lead-acid batteries.
       ``(3) By wholesalers, automotive dismantlers, and 
     collection programs, entities and facilities.--
       ``(A) In general.--A person that sells lead-acid batteries 
     at wholesale, an automotive dismantler, and a collection 
     entity, program, or facility designated by a State to accept 
     spent lead-acid batteries shall return a spent lead-acid 
     battery by delivering the battery to 1 of the authorized 
     recipients described in subparagraph (B).
       ``(B) Authorized recipients.--The authorized recipients 
     described in this subparagraph are--
       ``(i) a lead smelter regulated by a State or the 
     Administrator under this Act or the Clean Air Act (42 U.S.C. 
     7401 et seq.); and
       ``(ii) a manufacturer of lead-acid batteries of the same 
     general type as the type delivered.
       ``(4) By manufacturers.--
       ``(A) In general.--A person that manufactures lead-acid 
     batteries shall return a spent lead-acid battery by 
     delivering the battery to the authorized recipient described 
     in subparagraph (B).
       ``(B) Authorized recipient.--The authorized recipient 
     described in this subparagraph is a lead smelter regulated by 
     a State or the Administrator under this Act or the Clean Air 
     Act (42 U.S.C. 7401 et seq.).
       ``(d) Collection requirements.--
       ``(1) Retailers.--
       ``(A) In general.--A person that sells or offers for sale 
     lead-acid batteries at retail shall accept spent lead-acid 
     batteries of the same general type as the batteries sold in a 
     quantity that is approximately equal to the number of 
     batteries sold.
       ``(B) Exemption.--Subparagraph (A) shall not apply to a 
     retailer that sells not more than 5 lead-acid batteries per 
     month on average over a calendar year, if a collection 
     entity, program, or facility is in operation for the 
     collection of spent lead-acid batteries in the locality of 
     the retailer.
       ``(2) Wholesalers.--
       ``(A) In general.--A person that sells or offers for sale 
     lead-acid batteries at wholesale shall accept spent lead-acid 
     batteries of the same general type as the batteries sold and 
     in a quantity approximately equal to the number of batteries 
     sold.
       ``(B) Acceptance from retailers.--A wholesaler that sells 
     or offers for sale lead-acid batteries to a retailer shall 
     provide for the removal of spent lead-acid batteries at the 
     place of business of the retailer--
       ``(i) not later than 90 days after the retailer notifies 
     the wholesaler of the existence of the spent lead-acid 
     batteries for removal; or
       ``(ii) if the quantity of batteries to be removed is less 
     than 5, not later than 180 days after notification.
       ``(3) Manufacturers.--A person that manufactures lead-acid 
     batteries shall accept spent lead-acid batteries of the same 
     general type as the batteries sold and in a quantity 
     approximately equal to the number of batteries sold.
       ``(e) Notice Requirements.--
       ``(1) Posted notice by retailers.--A person that sells or 
     offers for sale lead-acid batteries at retail shall post a 
     written notice that--
       ``(A) is clearly visible in a public area of the 
     establishment in which the lead-acid batteries are sold or 
     offered for sale;
       ``(B) is at least 8\1/2\ inches by 11 inches in size; and
       ``(C) contains the following text:
       ``(i) It is illegal to throw away a motor vehicle battery 
     or other lead-acid battery.
       ``(ii) Recycle your used lead-acid batteries.
       ``(iii) Federal (or State) law requires battery retailers 
     to accept used lead-acid batteries for recycling when a lead-
     acid battery is purchased.
       ``(2) State requirements.--Nothing in paragraph (1) shall 
     be construed to prohibit a State from requiring the posting 
     of substantially similar notice in lieu of that required 
     under paragraph (1).
       ``(3) Labeling.--
       ``(A) In general.--Each lead-acid battery manufactured on 
     or after the date that is 1 year after the date of enactment 
     of this Act, whether produced domestically or imported, shall 
     bear a label comprised of--
       ``(i) the 3 chasing arrow recycling symbol; and
       ``(ii) immediately adjacent to the recycling symbol, the 
     words `LEAD', `RETURN', `RECYCLE'.
       ``(B) International symbols.--
       ``(i) Application.--On application by a person subject to 
     the labeling requirements of this paragraph, the 
     Administrator shall certify that a different label meets the 
     requirements of this paragraph if the label conforms with a 
     recognized international standard that is consistent with the 
     overall purposes of this section.
       ``(ii) Failure to act.--If the Administrator fails to act 
     on an application under clause (i) within 120 days after the 
     date on which the application is filed, the Administrator 
     shall be considered to have certified that the label proposed 
     in the application meets the requirements of this paragraph.
       ``(4) Uniformity.--No State or political subdivision of a 
     State may enforce any labeling requirement intended to 
     communicate information about the recyclability of lead-acid 
     batteries that is not identical to the requirements contained 
     in paragraph (3).
       ``(5) Recycling information.--Nothing in this subsection 
     shall be construed to prohibit the display on a label of a 
     lead-acid battery of any other information intended by the 
     manufacturer to encourage recycling or warn consumers of the 
     potential hazards associated with lead-acid batteries.
       ``(f) Publication of Notice.--Not later than 180 days after 
     the date of enactment of this section, the Administrator 
     shall publish in the Federal Register a notice of the 
     requirements of this section and such other related 
     information as the Administrator determines to be 
     appropriate.
       ``(g) Export for Purposes of Recycling.--Notwithstanding 
     any other provision of this section, a person may export a 
     spent lead-acid battery for the purposes of recycling.
       ``(h) Enforcement.--The Administrator may issue a warning 
     or citation to any person that fails to comply with the 
     requirements of this section.
       ``(i) Civil Penalty.--
       ``(1) In general.--When on the basis of any information the 
     Administrator determines that a person is in violation of 
     this section, the Administrator--
       ``(A) in the case of a willful violation, may issue an 
     order assessing a civil penalty of not more than $1,000 for 
     each violation and requiring compliance immediately or within 
     a reasonable specified time period, or both; or
       ``(B) in the case of any violation, may commence a civil 
     action in the United States district court in which the 
     violation occurred for appropriate relief, including a 
     temporary or permanent injunction.
       ``(2) Contents of order.--An order under paragraph (1) 
     shall State with reasonable specificity the nature of the 
     violation.
       ``(3) Considerations.--In assessing a civil penalty under 
     paragraph (1), the Administrator shall take into account the 
     seriousness of the violation and any good faith efforts to 
     comply with applicable requirements.
       ``(4) Finality of order; request for hearing.--An order 
     under paragraph (1) shall become final unless, not later than 
     30 days after the date on which the order is served, a person 
     named in the order requests a hearing on the record.
       ``(5) Hearing.--On receiving a request under paragraph (4), 
     the Administrator shall promptly conduct a hearing on the 
     record.
       ``(6) Subpoena power.--In connection with any hearing on 
     the record under this subsection, the Administrator may issue 
     subpoenas for the attendance and testimony of witnesses and 
     for the production of relevant papers, books, and documents.
       ``(7) Continued violation after expiration of period for 
     compliance.--If a violator fails to take corrective action 
     within the time specified in an order under paragraph (1), 
     the Administrator may assess a civil penalty of not more than 
     $1,000 for the continued noncompliance with the 
     order.''.
                                 ______