I

103D CONGRESS

2D SESSION H. R. 4882

To amend the Toxic Substances Control Act to reduce the levels of lead

in the environment, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 1, 1994

Mr. SWIFT introduced the following bill; which was referred to the Committee

on Energy and Commerce

A BILL

To amend the Toxic Substances Control Act to reduce the

levels of lead in the environment, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Lead Exposure Reduction Act of 1994’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—LEAD ABATEMENT

Sec. 101. Findings and policy.

Sec. 102. Definitions.

Sec. 103. Restrictions on continuing uses of certain lead-containing products.
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Sec. 104. Inventory of lead-containing products and new use notification procedures.

Sec. 105. Product labeling.

Sec. 106. Batteries.

Sec. 107. Lead in Used Oil.

Sec. 110. Conforming amendments.

Sec. 111. Amendment to table of contents.

TITLE II—MISCELLANEOUS

Sec. 201. Non-interference.

Sec. 202. Sense of the Congress concerning lead fishing sinkers.

TITLE III—AUTHORIZATION OF APPROPRIATIONS

Sec. 301. Authorization of appropriations.

1 (c) REFERENCE TO TOXIC SUBSTANCES CONTROL

2 ACT.—Wherever in title I an amendment or repeal is ex3 pressed in terms of an amendment to, or repeal of, a sec4 tion or other provision, the reference shall be considered

5 to be made to a section or other provision of the Toxic

6 Substances Control Act (15 U.S.C. 2601 et seq.), except

7 to the extent otherwise specifically provided.

8 TITLE I—LEAD ABATEMENT

9 SEC. 101. FINDINGS AND POLICY.

10 (a) REDESIGNATIONS.—Sections 401 and 402

11 through 412 (15 U.S.C. 2681 and 2682 through 2692)

12 are redesignated as sections 402, and 411 through 421,

13 respectively.

14 (b) FINDINGS AND POLICY.—Title IV (15 U.S.C.

15 2681 et seq.) is amended by inserting before section 402

16 (as so redesignated) the following new section:

17 ‘‘SEC. 401. FINDINGS AND POLICY.

18 ‘‘(a) FINDINGS.—Congress finds that—
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1 ‘‘(1) lead poisoning is the most prevalent dis2 ease of environmental origin among American chil3 dren today, and children under 7 years of age are

4 at special risk because of their susceptibility to the

5 potency of lead as a neurologic toxin;

6 ‘‘(2)(A) the effects of lead on children may in7 clude permanent and significant neurologic and

8 physiologic impairment; and

9 ‘‘(B) additional health effects occur in adults

10 exposed to similar exposure levels;

11 ‘‘(3) because of the practical difficulties of re12 moving lead already dispersed into the environment,

13 children and adults will continue to be exposed to

14 lead for years;

15 ‘‘(4) as a result of decades of highly dispersive

16 uses of lead in a variety of products, contamination

17 of the environment with unacceptable levels of lead

18 is widespread; and

19 ‘‘(5) the continued manufacture, processing,

20 use, and disposal of some lead-containing products

21 may cause further releases of lead into the environ22 ment, and the releases contribute to further environ23 mental contamination and resultant exposure to

24 lead.
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1 ‘‘(b) POLICY.—It is the policy of the United States

2 that further releases of lead into the environment should

3 be minimized, and methods should be developed and imple4 mented to reduce sources of lead that result in adverse

5 human or environmental exposures.’’.

6 SEC. 102. DEFINITIONS.

7 Section 402, as redesignated by section 101(a) of this

8 Act, is amended—

9 (1) by striking ‘‘For the purposes’’ and insert10 ing ‘‘(a) IN GENERAL.—Subject to subsection (b),

11 for the purposes’’;

12 (2) by redesignating—

13 (A) paragraphs (13) through (17) as para14 graphs (18) through (22), respectively;

15 (B) paragraphs (5) through (12) as para16 graphs (7) through (14), respectively; and

17 (C) paragraph (4) as paragraph (5);

18 (3) by inserting after paragraph (3) the follow19 ing new paragraph:

20 ‘‘(4) DISTRIBUTOR.—The term ‘distributor’

21 means any individual, firm, corporation, or other en22 tity that distributes a product for resale.’’;

23 (4) by inserting after paragraph (14) (as so re24 designated) the following new paragraphs:
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1 ‘‘(15) PACKAGE.—The term ‘package’ means a

2 container that provides a means of marketing, pro3 tecting, or handling a product. The term includes a

4 unit package, an intermediate package, a crate, a

5 pail, a rigid foil, unsealed receptacle (such as a car6 rying case), a cup, tray, wrapper or wrapping film,

7 a bag, tub, shipping or other container, any package

8 included in the American Society for Testing and

9 Materials (referred to in this title as ‘ASTM’) Speci10 fication D–996, and such other packages as the Ad11 ministrator may specify by regulation.

12 ‘‘(16) PACKAGING COMPONENT.—The term

13 ‘packaging component’ means any individual assem14 bled part of a package (including any interior or ex15 terior blocking, bracing, cushioning, weatherproof16 ing, exterior strapping, coating, closure, ink, or

17 label). For the purposes of this title, tin-plated steel

18 that meets the ASTM Specification A–623 shall be

19 deemed an individual packaging component.

20 ‘‘(17) PERSON.—The term ‘person’ means an

21 individual, trust, firm, joint stock company, corpora22 tion (including a government corporation), partner23 ship, association, State, municipality, commission,

24 political subdivision of a State, or interstate body.
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1 The term shall include each department, agency, or

2 instrumentality of the United States.’’; and

3 (5) by adding at the end the following new sub4 section:

5 ‘‘(b) EXCEPTIONS.—As used in this title, the terms

6 ‘package’ and ‘packaging component’ shall not include—

7 ‘‘(1) ceramic ware or crystal;

8 ‘‘(2) a container used for radiation shielding;

9 ‘‘(3) any casing for a lead-acid battery;

10 ‘‘(4) steel strapping; or

11 ‘‘(5) any package or packaging component con12 taining lead that is regulated or subject to regula13 tion under the Federal Food, Drug, and Cosmetic

14 Act (21 U.S.C. 301 et seq.).’’.

15 SEC. 103. RESTRICTIONS ON CONTINUING USES OF CER16 TAIN LEAD-CONTAINING PRODUCTS.

17 Title IV (15 U.S.C. 2681 et seq.), as amended by

18 section 101 of this Act, is further amended by inserting

19 after section 402, as redesignated by section 101(a) of this

20 Act, the following new section:

21 ‘‘SEC. 403. RESTRICTIONS ON CONTINUING USES OF CER22 TAIN LEAD-CONTAINING PRODUCTS.

23 ‘‘(a) GENERAL RESTRICTIONS.—

24 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) PROHIBITION ON THE PROCESSING

2 OF A PRODUCT.—Beginning on the date that is

3 1 year after the date of enactment of this sub4 section, no person may process a product in any

5 of the product categories described in para6 graph (2).

7 ‘‘(B) PROHIBITION ON THE DISTRIBUTION

8 IN COMMERCE OF A PRODUCT.—Beginning on

9 the date that is 2 years after the date of enact10 ment of this subsection, no person may distrib11 ute in commerce a product in any of the prod12 uct categories described in paragraph (2).

13 ‘‘(2) PRODUCT CATEGORIES.—The product cat14 egories described in this paragraph are as follows:

15 ‘‘(A) Paint containing more than 0.06 per16 cent lead by dry weight, other than—

17 ‘‘(i) corrosion inhibitive coatings, in18 cluding electrocoats and electrodeposition

19 primers, applied by original equipment

20 manufacturers to motor vehicle parts and

21 containing no more than 1.9 percent lead

22 by weight in dry film;

23 ‘‘(ii) certain paints and primers for

24 equipment used for agricultural, construc-
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1 tion, and general industrial and forestry

2 purposes;

3 ‘‘(iii) paints containing lead chromate

4 pigments; and

5 ‘‘(iv) zinc-enriched industrial paint

6 with respect to which the incidental pres7 ence of lead does not exceed 0.19 percent

8 lead by dry weight.

9 ‘‘(B) Toys and recreational game pieces

10 containing more than 0.1 percent lead by dry

11 weight, except for toys and games with respect

12 to which all lead is contained in electronic or

13 electrical parts or components and that meet

14 the standards and regulations for content, man15 ufacture, processing, and distribution estab16 lished by the Consumer Product Safety Com17 mission under the Federal Hazardous Sub18 stances Act (15 U.S.C. 1261 et seq.).

19 ‘‘(C) Curtain weights—

20 ‘‘(i) that are not encased in vinyl or

21 plastic;

22 ‘‘(ii) that contain more than 0.1 per23 cent lead by dry weight; and

24 ‘‘(iii) that are common in residential

25 use.
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1 ‘‘(D) Inks containing more than 0.1 per2 cent lead by dry weight used in printing news3 papers, newspaper supplements, or magazines

4 published more than once per month.

5 ‘‘(3) GLASS COATINGS.—

6 ‘‘(A) IN GENERAL.—Beginning on the date

7 that is 5 years after the date of enactment of

8 this subsection, no person may process a prod9 uct in any of the product categories described

10 in subparagraph (B), and beginning on the date

11 that is 6 years after the date of enactment of

12 this subsection, no person may distribute in

13 commerce a product in any of the product cat14 egories described in subparagraph (B).

15 ‘‘(B) PRODUCT CATEGORIES.—The prod16 uct categories described in this subparagraph

17 are as follows:

18 ‘‘(i) Architectural glass coatings con19 taining more than 0.06 percent lead by dry

20 weight.

21 ‘‘(ii) Automotive window coatings con22 taining more than 0.06 percent lead by dry

23 weight.

24 ‘‘(4) STATUTORY CONSTRUCTION.—Nothing in

25 this section shall prohibit the recycling of any prod-
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1 uct listed in this subsection if, following the original

2 use of the product, the product is reused as a raw

3 material in the manufacture of any product that is

4 not listed under this subsection.

5 ‘‘(b) MODIFICATION OF RESTRICTIONS.—

6 ‘‘(1) IN GENERAL.—The Administrator may,

7 after public notice and opportunity for comment,

8 promulgate regulations to modify, pursuant to para9 graphs (2) and (3), the percentage of the allowable

10 lead content for a product, or a group of products,

11 within a product category described in subpara12 graphs (A) through (D) of subsection (a)(2) or sub13 section (a)(3)(B).

14 ‘‘(2) REDUCED PERCENTAGE.—The Adminis15 trator may, pursuant to paragraph (1), establish by

16 regulation a percentage by dry weight of the allow17 able lead content that is less than the percentage

18 specified under subsection (a) (including

19 nondetectable levels) for a product, or a group of

20 products, within any product category described in

21 subparagraphs (A) through (D) of subsection (a)(2)

22 or subsection (a)(3)(B) if the Administrator deter23 mines that a reduction in the percentage of the al24 lowable lead content is necessary to protect human

25 health or the environment.
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1 ‘‘(3) INCREASED PERCENTAGE.—

2 ‘‘(A) IN GENERAL.—The Administrator

3 may, pursuant to paragraph (1), establish by

4 regulation a percentage by dry weight of the al5 lowable lead content that is greater than the

6 percentage specified under subsection (a) for a

7 product, or a group of products, within any

8 product category described in subparagraphs

9 (A) through (D) of subsection (a)(2) or sub10 section (a)(3)(B) if the Administrator deter11 mines that an increase in the percentage of the

12 allowable lead content will not adversely affect

13 human health or the environment.

14 ‘‘(B) REVIEW.—Not later than 2 years

15 prior to the termination date of a regulation

16 promulgated under paragraph (1) in accordance

17 with subparagraph (A), the Administrator shall

18 review the regulation. If the Administrator de19 termines, pursuant to subparagraph (A), that

20 the promulgation of a revised regulation is ap21 propriate, the Administrator, not later than 1

22 year prior to the termination date of the regula23 tion, may promulgate a revised regulation that

24 shall terminate on the date that is 6 years after

25 the date the revised regulation becomes final.
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1 ‘‘(4) WAIVERS FOR TOYS AND RECREATIONAL

2 GAME PIECES.—Not later than 1 year after the date

3 of enactment of this subsection, the Administrator

4 shall promulgate regulations to waive the require5 ments of subsection (a)(2)(B) with respect to certain

6 toys and recreational game pieces that are collectible

7 items and scale models intended for adult acquisi8 tion.

9 ‘‘(5) EXEMPTION OF PAINTS.—

10 ‘‘(A) DETERMINATION.—

11 ‘‘(i) IN GENERAL.—Not later than 5

12 years after the date of enactment of this

13 subsection, the Administrator shall deter14 mine, following public notice and oppor15 tunity for comment, whether there is—

16 ‘‘(I) 1 (or more) primer paint

17 suitable for use as an electrocoat or

18 electrodeposition primer (or both) on

19 motor vehicle parts that contains less

20 than 1.9 percent lead by weight in dry

21 film;

22 ‘‘(II) 1 (or more) original equip23 ment manufacturer paint, primer, or

24 service paint or primer for mirror

25 manufacturing or for equipment used
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1 for agricultural, construction, and

2 general industrial and forestry pur3 poses that, in the dry coating, has a

4 lead solubility of less than 60 milli5 grams per liter, as described in the

6 American National Standards Insti7 tute (referred to in this title as

8 ‘ANSI’) standard Z66.1;

9 ‘‘(III) 1 (or more) substitute for

10 paints containing lead chromate pig11 ments for use in any class or category

12 of uses that contains less than or

13 equal to 0.06 percent lead by weight

14 in dry film; or

15 ‘‘(IV) 1 (or more) substitute for

16 zinc-enriched industrial paint for use

17 in any class or category of uses that

18 contains less than 0.19 percent lead

19 by weight in dry film.

20 ‘‘(ii) ADDITIONAL DETERMINATION BY

21 ADMINISTRATOR.—The Administrator also

22 shall determine whether 1 (or more) paint

23 or primer referred to in clause (i)—

24 ‘‘(I) has substantially equivalent

25 corrosion inhibition and related per-
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1 formance characteristics to any paint

2 or primer; and

3 ‘‘(II) does not pose a greater risk

4 to human health and the environment

5 than a paint or primer,

6 in use for the applicable purpose specified

7 in clause (i) on the date of enactment of

8 this subsection.

9 ‘‘(B) IDENTIFICATION.—If the Adminis10 trator determines pursuant to subparagraph

11 (A), that 1 (or more) of the paints and primers

12 referred to in subparagraph (A) meets the ap13 plicable specifications under such subparagraph,

14 the Administrator shall identify the lead con15 tent of the paint or primer of each applicable

16 category of paints or primers (or both) under

17 subclauses (I) through (IV) of subparagraph

18 (A)(i).

19 ‘‘(C) PROHIBITION ON PROCESSING.—For

20 a category of paints or primers (or both) re21 ferred to in subparagraph (B), beginning on the

22 date that is 3 years after the Administrator

23 makes a determination under subparagraph

24 (B), no person shall process any paint or prim25 er with a lead content that exceeds the level
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1 identified by the Administrator pursuant to

2 subparagraph (B).

3 ‘‘(D) PROHIBITION ON DISTRIBUTION IN

4 COMMERCE.—For a category of paints or prim5 ers (or both) referred to in subparagraph (B),

6 beginning on the date that is 4 years after the

7 Administrator makes a determination under

8 subparagraph (B), no person shall—

9 ‘‘(i) distribute in commerce any paint

10 or primer with a lead content that exceeds

11 the level identified by the Administrator; or

12 ‘‘(ii) process any new motor vehicle or

13 new motor vehicle part or new equipment

14 part coated with the paint or primer with

15 a lead content that exceeds the level identi16 fied by the Administrator.

17 ‘‘(E) EFFECT OF NEGATIVE DETERMINA18 TION.—If the Administrator determines, pursu19 ant to subparagraph (A), that there is no paint

20 or primer suitable for a use referred to in

21 subclause (I), (II), (III), or (IV) of subpara22 graph (A)(i) that meets the applicable require23 ments under subparagraph (A)—

24 ‘‘(i) beginning on the date that is 13

25 years after the date of enactment of this
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1 subsection, no person shall process any

2 paint or primer for the use specified in the

3 determination pursuant to subparagraph

4 (A); and

5 ‘‘(ii) beginning on the date that is 14

6 years after the date of enactment of this

7 subsection, no person shall distribute in

8 commerce any paint or primer for the use

9 specified in the determination pursuant to

10 subparagraph (A) (or process any motor

11 vehicle or motor vehicle part or new equip12 ment part coated with the paint or prim13 er),

14 that contains a lead content that exceeds a level

15 of lead content that the Administrator shall de16 termine, on the basis of the identification of the

17 lead content of paints and primers for the use.

18 ‘‘(c) STATEMENTS BY THE ADMINISTRATOR RELAT19 ING TO MODIFICATIONS OF RESTRICTIONS.—In promul20 gating any regulation under subsection (b) with respect

21 to the allowable lead content for a product, or a group

22 of products, under a product category, the Administrator

23 shall, prior to the promulgation of a final regulation, con24 sider and publish a statement that describes the effects

25 of the proposed allowable lead content level for the prod-
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1 uct, or group of products, under the product category on

2 human health and the environment.

3 ‘‘(d) PACKAGING.—

4 ‘‘(1) DEFINITIONS.—As used in this subsection:

5 ‘‘(A) INCIDENTAL PRESENCE.—The term

6 ‘incidental presence’ means the presence of lead

7 in a package or packaging component that was

8 not purposely introduced into the package or

9 packaging component for the properties or

10 characteristics of the lead.

11 ‘‘(B) INTENTIONALLY INTRODUCE.—The

12 term ‘intentionally introduce’ means to purpose13 fully introduce lead into a package or packaging

14 component with the intent that the lead be

15 present in the package or packaging component.

16 The term does not include—

17 ‘‘(i) the presence of background levels

18 of lead that naturally occur in raw mate19 rials or are present as postconsumer addi20 tions, and that are not purposefully added

21 to perform as part of a package or packag22 ing component; and

23 ‘‘(ii) any trace amounts of a process24 ing aid or similar material that is used to
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1 produce a product from which a package

2 or packaging component is manufactured.

3 ‘‘(2) INTENTIONAL INTRODUCTION.—Beginning

4 on the date that is 4 years after the date of enact5 ment of this subsection—

6 ‘‘(A) no package or packaging component

7 shall be sold or distributed in commerce by a

8 distributor; and

9 ‘‘(B) no product shall be distributed in

10 commerce by the distributor of the product in

11 a package,

12 if the product includes, in the package, or in any

13 packaging component, any ink, dye, pigment, adhe14 sive, stabilizer, or other additive to which lead has

15 been intentionally introduced as an element during

16 distribution (as opposed to the incidental presence of

17 lead).

18 ‘‘(3) LIMITATIONS ON THE AVERAGE OF CON19 CENTRATION LEVELS FROM INCIDENTAL PRESENCE

20 OF LEAD.—Notwithstanding paragraph (2), the av21 erage of the concentration levels from any incidental

22 presence of lead present in any package or packag23 ing component, other than the lead originating from

24 the product contained in the package, shall not ex25 ceed—
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1 ‘‘(A) for the fifth 1-year period after the

2 date of enactment of this subsection, 600 parts

3 per million by weight (0.06 percent);

4 ‘‘(B) for the sixth 1-year period after the

5 date of enactment of this subsection, 250 parts

6 per million by weight (0.025 percent); and

7 ‘‘(C) for the seventh 1-year period after

8 the date of enactment of this subsection, and

9 for each 12-month period thereafter, 100 parts

10 per million by weight (0.01 percent).

11 ‘‘(4) PROHIBITION.—No package or packaging

12 component shall be sold or distributed in commerce

13 by a distributor, and no product shall be sold or dis14 tributed in commerce in a package by a distributor,

15 if the package or packaging component exceeds the

16 applicable level provided under paragraph (3).

17 ‘‘(5) CERTIFICATE OF COMPLIANCE.—

18 ‘‘(A) IN GENERAL.—A certificate of com19 pliance stating that a package or packaging

20 component is in compliance with the require21 ments of this section shall be prepared and re22 tained by the distributor of the package or

23 packaging component.

24 ‘‘(B) STATEMENT RELATING TO EXEMP25 TION.—In any case in which compliance with
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1 this section is based on an exemption under

2 paragraph (6), the certificate shall state the

3 specific basis upon which the exemption is

4 claimed.

5 ‘‘(C) SIGNATURE OF AUTHORIZED OFFI6 CIAL.—A certificate of compliance shall be

7 signed by an authorized official of the distribu8 tor referred to in subparagraph (A).

9 ‘‘(6) EXEMPTION FROM PACKAGING REQUIRE10 MENTS.—Prior to the expiration of the 7-year period

11 beginning on the date of enactment of this sub12 section, on receipt of an application (in such form

13 and containing such information as the Adminis14 trator may prescribe by regulation), the Adminis15 trator may exempt from the requirements of para16 graph (2), (3) or (4)—

17 ‘‘(A) a package or packaging component

18 manufactured prior to the date of enactment of

19 this subsection, as determined by the Adminis20 trator; and

21 ‘‘(B) a package or packaging component to

22 which lead has been added in order to comply

23 with health or safety requirements of Federal

24 law or the law of any State or political subdivi25 sion of a State.
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1 ‘‘(e) EXEMPTIONS.—

2 ‘‘(1) IN GENERAL.—The Administrator shall,

3 by regulation, exempt from the restrictions described

4 in subsection (a)(1) on the lead content of paint any

5 products that are intended for use by artists in cre6 ating, restoring, and preserving works of art, includ7 ing graphic works of art, if the paint is sold or oth8 erwise distributed in a package labeled pursuant to

9 the requirements under section 405(c)(1).

10 ‘‘(2) EXEMPTIONS.—The Administrator shall,

11 by regulation, exempt from the applicable restric12 tions on lead content under subsection (a) or (b) any

13 product, or group of products, within a product cat14 egory used—

15 ‘‘(A) for a medical purpose (as defined by

16 the Administrator, in consultation with the Sec17 retary of Health and Human Services);

18 ‘‘(B) for a purpose in the paramount inter19 est of the United States (as determined by the

20 Administrator, in consultation with the Sec21 retary of Defense);

22 ‘‘(C) for radiation protection (as jointly de23 fined by the Administrator and the Nuclear

24 Regulatory Commission), including any product

25 or product category used in connection with the
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1 national security programs of the Department

2 of Energy;

3 ‘‘(D) in the mining industry to determine

4 the presence of noble metals in geological mate5 rials; or

6 ‘‘(E) as radiation shielding in any elec7 tronic device, or in specialized electronics uses

8 in any case in which the Administrator has de9 termined that no appropriate substitute for lead

10 is available.

11 ‘‘(3) STATUTORY CONSTRUCTION.—Nothing in

12 this section or the Lead Exposure Reduction Act of

13 1994 and the amendments made by such Act is in14 tended to prohibit the recycling (for use as a raw

15 material or for processing), recovery, or reuse of

16 lead-containing metal, glass, plastic, paper, or tex17 tiles, except that any product created or processed

18 from the lead-containing materials shall meet the re19 quirements (including standards) of this section.’’.

20 SEC. 104. INVENTORY OF LEAD-CONTAINING PRODUCTS

21 AND NEW USE NOTIFICATION PROCEDURES.

22 Title IV (15 U.S.C. 2681 et seq.) is further amended

23 by inserting after section 403, as added by section 103

24 of this Act, the following new section:
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1 ‘‘SEC. 404. INVENTORY OF LEAD-CONTAINING PRODUCTS

2 AND NEW USE NOTIFICATION PROCEDURES.

3 ‘‘(a) CREATION OF AN INVENTORY OF USES OF LEAD

4 IN PRODUCTS IN COMMERCE.—

5 ‘‘(1) IN GENERAL.—Not later than 180 days

6 after the date of enactment of this paragraph, the

7 Administrator shall, with the active participation of

8 all interested parties, initiate a survey of all lead9 containing products sold or distributed in commerce

10 in the United States.

11 ‘‘(2) DEVELOPMENT OF INVENTORY.—

12 ‘‘(A) IN GENERAL.—On the basis of the

13 survey described in paragraph (1), the Adminis14 trator shall develop an inventory of all lead-con15 taining products sold or distributed in com16 merce (referred to in this section as the ‘inven17 tory’).

18 ‘‘(B) PRODUCT CATEGORIES.—In develop19 ing the inventory, the Administrator may group

20 in product categories those products that meet

21 both of the following criteria:

22 ‘‘(i) The products are functionally

23 similar.

24 ‘‘(ii) The products provide similar op25 portunities for lead exposure or release

26 during manufacturing, processing, or use,
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1 or at the end of the useful life of the prod2 uct (taking into account other applicable

3 regulations).

4 ‘‘(3) PUBLICATION OF DRAFT INVENTORY.—

5 ‘‘(A) IN GENERAL.—The Administrator

6 shall—

7 ‘‘(i) publish the inventory in the Fed8 eral Register in draft form; and

9 ‘‘(ii) solicit public comment on the

10 draft inventory and the grouping of prod11 ucts by the Administrator pursuant to

12 paragraph (2).

13 ‘‘(B) PUBLICATION.—Not later than 4

14 years after the date of enactment of this para15 graph, after providing public notice and oppor16 tunity for comment on the draft inventory, the

17 Administrator shall publish a final inventory.

18 ‘‘(4) PRODUCTS CONTAINING COMPONENTS IN19 CLUDED ON INVENTORY.—For the purposes of this

20 section, any product that contains lead-containing

21 components included on the inventory shall be

22 deemed to be included on the inventory.

23 ‘‘(5) FAILURE OF ADMINISTRATOR TO PUBLISH

24 INVENTORY.—If the Administrator fails to publish

25 the inventory by the date specified in paragraph
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1 (3)(B), the list of products referred to in subsection

2 (c)(6)(C) shall be deemed to comprise the inventory.

3 ‘‘(6) MODIFICATIONS.—The Administrator may,

4 from time to time, after notice and opportunity for

5 comment, make modifications to the inventory pub6 lished under this subsection. If the Administrator

7 modifies the inventory, the Administrator shall pub8 lish the modified inventory.

9 ‘‘(b) LIST OF USES OF LEAD IN PRODUCTS THAT

10 POSE EXPOSURE CONCERNS.—

11 ‘‘(1) IN GENERAL.—Beginning on the date that

12 is 6 years after the date of enactment of this para13 graph, the Administrator shall issue regulations that

14 establish a list (referred to in this section as the

15 ‘list’) of lead-containing products or categories of

16 products that the Administrator determines may

17 reasonably be anticipated to present an unreasonable

18 risk of injury to human health or the environment

19 due to—

20 ‘‘(A) exposure to lead released during and

21 from use of such a product by a consumer;

22 ‘‘(B) direct exposure of the product to the

23 environment; or

24 ‘‘(C) exposure to lead at the end of the

25 useful life of the product;
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1 taking into account other applicable regulations.

2 ‘‘(2) CRITERIA FOR DETERMINATION TO LIST A

3 PRODUCT OR CATEGORY OF PRODUCT.—Each deter4 mination to list a product or category of product

5 shall be based on exposure-related information per6 taining to the product or category of products, or to

7 a product or category of products that poses similar

8 exposure risks.

9 ‘‘(3) SPECIFICATION OF LEAD CONCENTRA10 TION.—For each product or category of products,

11 the Administrator shall specify the concentration of

12 lead (as a percentage of the dry weight of the prod13 uct or category of products) that the Administrator

14 determines to be the maximum concentration of lead

15 found in the product or category of products.

16 ‘‘(4) MODIFICATION OF LIST.—

17 ‘‘(A) ADDITIONS TO LIST.—After promul18 gating the list, the Administrator may, by

19 regulation—

20 ‘‘(i) add a product or category of

21 products to the list, if the Administrator

22 determines that the product or category of

23 products meets the standard established in

24 paragraph (1); or
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•HR 4882 IH

1 ‘‘(ii) remove a product or category of

2 products from the list, if the Administrator

3 determines that the product or category of

4 products does not meet the standard estab5 lished in paragraph (1).

6 ‘‘(B) PETITIONS FOR MODIFICATIONS.—

7 ‘‘(i) IN GENERAL.—Any person may

8 petition the Administrator to make a de9 termination to add a product or category

10 of products to the list, or to remove a

11 product or category of products from the

12 list.

13 ‘‘(ii) ACTION BY THE ADMINIS14 TRATOR.—Not later than 2 years after re15 ceipt of a petition under clause (i), the Ad16 ministrator shall take one of the following

17 actions:

18 ‘‘(I) Grant the petition, initiate a

19 procedure to promulgate a regulation

20 to add or delete the product or prod21 uct category as requested in the peti22 tion, and complete the procedure by

23 not later than 2 years after initiating

24 the procedure.
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•HR 4882 IH

1 ‘‘(II) Deny the petition and pub2 lish an explanation of the basis for de3 nying the petition in the Federal

4 Register.

5 ‘‘(5) CONSTRUCTION.—Nothing in this sub6 section shall be construed to affect any authority of

7 any person under section 5 or 6 concerning the man8 ufacturing or processing of a lead-containing product

9 or a category of such products.

10 ‘‘(c) NOTIFICATION OF NEW USES OF LEAD IN

11 PRODUCTS IN COMMERCE.—

12 ‘‘(1) IN GENERAL.—

13 ‘‘(A) PUBLICATION.—After the publication

14 of the inventory in final form pursuant to sub15 section (a)(3), any person who manufactures or

16 processes a lead-containing product referred to

17 in subparagraph (B) shall submit to the Admin18 istrator a notice prepared pursuant to para19 graph (2) on the commencement of the manu20 facture or processing of the product.

21 ‘‘(B) APPLICABILITY.—Subparagraph (A)

22 shall apply to any lead-containing product for

23 which a notice is required under subparagraph

24 (A) that—
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•HR 4882 IH

1 ‘‘(i) is not listed in the inventory de2 veloped under subsection (a); or

3 ‘‘(ii) is a product that—

4 ‘‘(I) is identified on the list pro5 mulgated under subsection (b), or

6 that is included in a category of prod7 ucts identified on the list; and

8 ‘‘(II) utilizes a greater concentra9 tion of lead, as a percentage of dry

10 weight, than the concentration identi11 fied by the Administrator for the

12 product or category under subsection

13 (b)(3) (unless the concentration is ex14 ceeded on a percentage basis solely as

15 a result of efforts to reduce the size or

16 weight of the product, rather than by

17 the addition of greater quantities of

18 lead into the product).

19 ‘‘(2) CONTENTS OF NOTICE.—The notice re20 quired by paragraph (1) shall include—

21 ‘‘(A) a general description of the product;

22 ‘‘(B) a description of the manner in which

23 lead is used in the product;

24 ‘‘(C) the quantity of the product manufac25 tured or processed; and
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•HR 4882 IH

1 ‘‘(D) the quantity and percentage of lead

2 used in the manufacturing of the product, or

3 the quantity and percentage of lead contained

4 in the product.

5 ‘‘(3) REPORT BY THE ADMINISTRATOR.—On an

6 annual basis, the Administrator shall publish a re7 port that provides a nonconfidential summary of new

8 uses identified pursuant to this subsection. The re9 port shall include aggregated information regarding

10 the amount of lead associated with the new uses.

11 ‘‘(4) RELATIONSHIP WITH OTHER PROVI12 SIONS.—The notification requirement under para13 graph (1) shall be subject to the confidentiality pro14 visions under section 5, and the research and devel15 opment exemption under section 5.

16 ‘‘(5) AMENDMENT OF LIST AND INVENTORY.—

17 After the receipt of a notice under paragraph (1),

18 the Administrator shall—

19 ‘‘(A) make such amendments to the inven20 tory established under subsection (a) as the Ad21 ministrator determines to be appropriate; and

22 ‘‘(B) evaluate whether any new products

23 should be added to the list established under

24 subsection (b).

25 ‘‘(6) DELAY IN PUBLICATION.—
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1 ‘‘(A) IN GENERAL.—If the publication of a

2 final list is delayed beyond the date specified in

3 subsection (b), subparagraphs (B) and (C) shall

4 apply.

5 ‘‘(B) PROHIBITION.—Beginning on the

6 date that the final list is required to be promul7 gated under subsection (b), and until such time

8 as a final list is published, no person shall in9 troduce into interstate commerce a product that

10 is listed or included within a product category

11 identified in subparagraph (C), if—

12 ‘‘(i) the product, or a substantially

13 similar product, has not been distributed

14 in commerce prior to the date of enact15 ment of this paragraph; or

16 ‘‘(ii) the product contains a greater

17 percentage of lead than any substantially

18 similar product distributed in commerce

19 before the date of enactment of this para20 graph,

21 unless the person has submitted a notice under

22 paragraph (2).

23 ‘‘(C) LIST OF PRODUCTS OR CAT24 EGORIES.—The list of products or categories of

25 products referred to in subparagraph (B) shall
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•HR 4882 IH

1 be the products listed under section 403(a)(2)

2 and subsections (d) through (f) of section 403.

3 ‘‘(D) BURDEN OF PROOF.—In any pro4 ceeding to enforce subparagraph (B) with re5 spect to a product, the person introducing such

6 product into interstate commerce shall have the

7 burden of demonstrating that such person had

8 a reasonable basis for concluding that the prod9 uct (or a substantially similar product) had

10 been distributed in commerce prior to the date

11 of publication of the final list, as referred to in

12 subparagraph (B).

13 ‘‘(d) EXEMPTIONS.—

14 ‘‘(1) IN GENERAL.—Subsections (b) and (c)

15 shall not apply to the following:

16 ‘‘(A) Stained glass products.

17 ‘‘(B) Articles referred to in section

18 3(2)(B)(v).

19 ‘‘(C) Containers used for radiation shield20 ing.

21 ‘‘(2) AUTOMOTIVE DISMANTLERS.—This section

22 shall not apply to any metal, glass, paper, or textile

23 sold or distributed by the owner or operator of any

24 automotive dismantler or recycling facility regulated

25 by a State or the Administrator.’’.
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1 SEC. 105. PRODUCT LABELING.

2 Title IV (15 U.S.C. 2681 et seq.) is further amended

3 by inserting after section 404, as added by section 104

4 of this Act, the following new section:

5 ‘‘SEC. 405. PRODUCT LABELING.

6 ‘‘(a) IN GENERAL.—

7 ‘‘(1) LABELING.—

8 ‘‘(A) IN GENERAL.—Not later than 6 years

9 after the date of enactment of this paragraph,

10 the Administrator shall promulgate regulations

11 that provide for the labeling of products in12 cluded in the list established under section

13 404(b).

14 ‘‘(B) EXEMPTIONS.—The regulations pro15 mulgated under this paragraph shall not apply

16 to—

17 ‘‘(i) lead-acid batteries, to the extent

18 that the labeling of the batteries as to the

19 lead content of the batteries is regulated

20 under any other Federal law;

21 ‘‘(ii) products regulated under the

22 Federal Food, Drug and Cosmetic Act (21

23 U.S.C. 301 et seq.); and

24 ‘‘(iii) during or after disposal.
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•HR 4882 IH

1 ‘‘(C) DIFFERENTIATION IN LABELING.—

2 The regulations promulgated under this section

3 may distinguish between—

4 ‘‘(i) labels required for products in5 cluded in the list established under section

6 404(b) that present a risk of exposure to

7 lead during distribution or use; and

8 ‘‘(ii) labels required for products in9 cluded in the list that present a risk of ex10 posure to lead during or after disposal.

11 ‘‘(2) EFFECTIVE DATE OF REGULATIONS.—The

12 regulations promulgated pursuant to paragraph (1)

13 shall take effect not later than the date that is 7

14 years after the date of enactment of this paragraph.

15 ‘‘(b) CONTENT OF REGULATIONS.—The regulations

16 described in subsection (a) shall specify the wording, type

17 size, and placement of the labels described in subsection

18 (a).

19 ‘‘(c) LABELING OF CERTAIN ITEMS.—

20 ‘‘(1) IN GENERAL.—The Administrator shall

21 promulgate regulations requiring that the following

22 labeling be included in the labeling of the packaging

23 of the following items:
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•HR 4882 IH

1 ‘‘(A) For any paint for use by artists (in2 cluding graphic artists) described in section

3 403(g):

4 ‘‘ ‘CONTAINS LEAD—FOR USE

5 BY ADULTS ONLY. DO NOT USE

6 OR STORE AROUND CHILDREN

7 OR IN AREAS ACCESSIBLE TO

8 CHILDREN.’.

9 ‘‘(B) For each toy or recreational game

10 piece that is a collectible item and for each

11 scale model that is subject to the regulations

12 promulgated under section 403(b)(4) and is

13 manufactured on or after the effective date of

14 the regulations promulgated under this sub15 section:

16 ‘‘ ‘COLLECTIBLE ITEM, CON17 TAINS LEAD, NOT SUITABLE

18 FOR CHILDREN.’.

19 ‘‘(2) CRITERIA FOR REGULATIONS.—The regu20 lations promulgated pursuant to paragraph (1) shall

21 specify the type, size, and placement of the labeling

22 described in paragraph (1).

23 ‘‘(3) EFFECTIVE DATE.—Each regulation pro24 mulgated under paragraph (1) shall take effect on
36

•HR 4882 IH

1 the date that is 1 year after the date of the promul2 gation of the regulation.

3 ‘‘(4) LABELS.—If, by the date that is 2 years

4 after the date of enactment of subsection (a)(1), the

5 Administrator has not promulgated regulations that

6 specify the alternate type, size, and placement of the

7 wording for labels referred to in paragraph (1), the

8 wording shall be placed prominently on the package

9 in letters the same size as the largest text letter (ex10 cept for letters in logos or brand markings) other11 wise affixed to the label or packaging of the product

12 until such time as the Administrator promulgates

13 the regulations.

14 ‘‘(d) BAR.—Except as provided (by reference or oth15 erwise) in any Federal, or State, law or judicial decision

16 other than section 404 or this section, compliance with

17 the labeling requirements of this section shall not con18 stitute, in whole or in part, a defense for liability relating

19 to, or a cause for reduction in damages resulting from,

20 any civil or criminal action brought under any Federal or

21 State law, other than an action brought for failure to com22 ply with the labeling requirements of this section. Except

23 as provided (by reference or otherwise) in any Federal,

24 or State, law or judicial decision other than section 404

25 or this section, nothing in section 404 or this section shall
37

•HR 4882 IH

1 be construed to create any additional liability, to create

2 any additional defense, or to in any other manner increase

3 or decrease the liability (including liability for damages),

4 for any party relating to any civil or criminal action

5 brought under any Federal or State law, other than an

6 action brought for failure to comply with the requirements

7 of such sections.’’.

8 SEC. 106. BATTERIES.

9 Title IV (15 U.S.C. 2681 et seq.) is further amended

10 by inserting after section 405, as added by section 105

11 of this Act, the following new sections:

12 ‘‘SEC. 406. RECYCLING OF LEAD-ACID BATTERIES.

13 ‘‘(a) PROHIBITIONS.—

14 ‘‘(1) IN GENERAL.—Beginning on the date that

15 is 1 year after the date of enactment of subsection

16 (c), no person shall—

17 ‘‘(A) place a lead-acid battery in any land18 fill; or

19 ‘‘(B) incinerate any lead-acid battery.

20 ‘‘(2) DISPOSAL.—No person may—

21 ‘‘(A) discard or otherwise dispose of a

22 lead-acid battery in mixed municipal solid

23 waste; or
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•HR 4882 IH

1 ‘‘(B) discard or otherwise dispose of a

2 lead-acid battery in a manner other than by re3 cycling in accordance with this section.

4 ‘‘(3) EXEMPTION.—Paragraphs (1) through (2)

5 shall not apply to an owner or operator of a munici6 pal solid waste landfill, incinerator, or collection pro7 gram that inadvertently receives any lead-acid bat8 tery that—

9 ‘‘(A) is commingled with other municipal

10 solid waste; and

11 ‘‘(B) is not readily removable from the

12 waste stream,

13 if the owner or operator of the facility or collection

14 program has established contractual requirements or

15 other appropriate notification or inspection proce16 dures to ensure that no lead-acid battery is received

17 at, or burned in, the facility or accepted through the

18 collection program.

19 ‘‘(b) GENERAL DISCARD OR DISPOSAL REQUIRE20 MENTS.—Beginning on the date that is 1 year after the

21 date of enactment of subsection (c), no person (except a

22 person described in subsection (c), (d), or (e)) may discard

23 or otherwise dispose of any used lead-acid battery except

24 by delivery to 1 of the following persons (or an authorized

25 representative of the person):
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•HR 4882 IH

1 ‘‘(1) A person who sells lead-acid batteries at

2 retail or wholesale.

3 ‘‘(2) A lead smelter regulated by a State or the

4 Administrator under the Solid Waste Disposal Act

5 (42 U.S.C. 6901 et seq.) or the Clean Air Act (42

6 U.S.C. 7401 et seq.) or a person who temporarily

7 stores used lead-acid batteries for less than 90 days.

8 ‘‘(3) A collection or recycling facility regulated

9 by a State or subject to regulation by the Adminis10 trator under the Solid Waste Disposal Act (42

11 U.S.C. 6901 et seq.) or a person who temporarily

12 stores used lead-acid batteries for less than 90 days.

13 ‘‘(4) An automotive dismantler (as defined by

14 the Administrator).

15 ‘‘(5) A community collection program operated

16 by, or pursuant to an agreement with, a govern17 mental entity.

18 ‘‘(6) A manufacturer of batteries of the same

19 general type.

20 ‘‘(c) DISCARD OR DISPOSAL REQUIREMENTS FOR

21 RETAILERS.—Beginning on the date that is 1 year after

22 the date of enactment of this subsection, no person who

23 sells lead-acid batteries at retail may discard or otherwise

24 dispose of any used lead-acid battery except by delivery
40

•HR 4882 IH

1 to 1 of the following persons (or an authorized representa2 tive of the person):

3 ‘‘(1) A person who sells lead-acid batteries at

4 wholesale.

5 ‘‘(2) A lead smelter regulated by a State or the

6 Administrator under the Solid Waste Disposal Act

7 (42 U.S.C. 6901 et seq.) or the Clean Air Act (42

8 U.S.C. 7401 et seq.) or a person who temporarily

9 stores used lead-acid batteries for less than 90 days.

10 ‘‘(3) A battery manufacturer.

11 ‘‘(4) A collection or recycling facility regulated

12 by a State or subject to regulation by the Adminis13 trator under the Solid Waste Disposal Act (42

14 U.S.C. 6901 et seq.).

15 ‘‘(5) An automotive dismantler (as defined by

16 the Administrator).

17 ‘‘(d) DISCARD OR DISPOSAL REQUIREMENTS FOR

18 WHOLESALERS, AUTOMOTIVE DISMANTLERS, AND COM19 MUNITY COLLECTION PROGRAMS.—

20 ‘‘(1) IN GENERAL.—Beginning on the date that

21 is 1 year after the date of enactment of this sub22 section—

23 ‘‘(A) no person who sells lead-acid bat24 teries at wholesale;

25 ‘‘(B) no automotive dismantler; and
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1 ‘‘(C) no community collection program op2 erated pursuant to an agreement with a govern3 mental entity,

4 may discard or otherwise dispose of any used lead5 acid battery, except by delivery to 1 of the persons

6 described in paragraph (2) (or an authorized rep7 resentative of the person).

8 ‘‘(2) PERSONS.—The persons described in this

9 paragraph are as follows:

10 ‘‘(A) A lead smelter regulated by a State

11 or the Administrator under the Solid Waste

12 Disposal Act (42 U.S.C. 6901 et seq.) or the

13 Clean Air Act (42 U.S.C. 7401 et seq.).

14 ‘‘(B) A battery manufacturer.

15 ‘‘(C) A collection or recycling facility regu16 lated by a State or subject to regulation by the

17 Administrator under the Solid Waste Disposal

18 Act (42 U.S.C. 6901 et seq.).

19 ‘‘(e) DISCARD OR DISPOSAL REQUIREMENTS FOR

20 MANUFACTURERS.—

21 ‘‘(1) IN GENERAL.—Beginning on the date that

22 is 1 year after the date of enactment of this sub23 section, no person who manufactures lead-acid bat24 teries may discard or otherwise dispose of any used

25 lead-acid battery, except by delivery to 1 of the per-
42

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1 sons described in paragraph (2) (or an authorized

2 representative of the person).

3 ‘‘(2) PERSONS.—The persons described in this

4 paragraph are as follows:

5 ‘‘(A) A lead smelter regulated by a State

6 or the Administrator under the Solid Waste

7 Disposal Act (42 U.S.C. 6901 et seq.) or the

8 Clean Air Act (42 U.S.C. 7401 et seq.).

9 ‘‘(B) A collection or recycling facility regu10 lated by a State or subject to regulation by the

11 Administrator or a person who temporarily

12 stores used lead-acid batteries for less than 90

13 days.

14 ‘‘(f) COLLECTION REQUIREMENTS FOR

15 RETAILERS.—

16 ‘‘(1) IN GENERAL.—Beginning on the date that

17 is 1 year after the date of enactment of this sub18 section, a person who sells, or offers for sale, lead19 acid batteries at retail shall—

20 ‘‘(A) accept from customers used lead-acid

21 batteries of the same general type as the bat22 teries sold and in a quantity approximately

23 equal to the number of batteries sold; and

24 ‘‘(B) collect a deposit in an amount not

25 less than $10 for the sale of any new replace-
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1 ment automotive type lead-acid battery that is

2 not accompanied by the return of a used auto3 motive type lead-acid battery.

4 ‘‘(2) DEPOSITS.—A person who pays a deposit

5 pursuant to this subsection shall receive from the re6 tailer a refund in an amount equal to the deposit

7 paid, if the person returns a used automotive type

8 lead-acid battery of the same general type as the

9 battery purchased from the retailer not later than

10 30 days after the date of sale of the battery pur11 chased. All unredeemed deposits shall inure to the

12 benefit of the retailer. The used lead-acid batteries

13 shall be accepted at the place where lead-acid bat14 teries are offered for sale.

15 ‘‘(g) COLLECTION REQUIREMENTS FOR WHOLE16 SALERS.—

17 ‘‘(1) IN GENERAL.—Beginning on the date that

18 is 1 year after the date of enactment of this sub19 section, a person who sells, or offers for sale, lead20 acid batteries at wholesale (referred to in this sec21 tion as a ‘wholesaler’) shall accept from customers

22 used lead-acid batteries of the same general type as

23 the batteries sold and in a quantity approximately

24 equal to the number of batteries sold.
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1 ‘‘(2) WHOLESALER WHO SELLS LEAD-ACID

2 BATTERIES TO A RETAILER.—In the case of a whole3 saler who sells, or offers for sale, lead-acid batteries

4 to a retailer, the wholesaler shall also provide for re5 moving used lead-acid batteries at the place of busi6 ness of the retailer. Unless the quantity of batteries

7 to be removed is less than 5, the removal shall occur

8 not later than 90 days after the retailer notifies the

9 wholesaler of the existence of the used lead-acid bat10 teries for removal. If the quantity of batteries to be

11 removed is less than 5, the wholesaler shall remove

12 the batteries not later than 180 days after the noti13 fication referred to in the preceding sentence.

14 ‘‘(h) COLLECTION REQUIREMENTS FOR MANUFAC15 TURERS.—Beginning on the date that is 1 year after the

16 date of enactment of this subsection, a person who manu17 factures lead-acid batteries shall accept from customers

18 used lead-acid batteries of the same general type as the

19 batteries sold and in a quantity approximately equal to

20 the number of batteries sold.

21 ‘‘(i) WRITTEN NOTICE REQUIREMENTS FOR RETAIL22 ERS.—

23 ‘‘(1) IN GENERAL.—Beginning on the date that

24 is 1 year after the date of enactment of this sub25 section, a person who sells, or offers for sale, lead-
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1 acid batteries at retail shall post written notice

2 that—

3 ‘‘(A) is clearly visible in a public area of

4 the establishment in which the lead-acid bat5 teries are sold or offered for sale;

‘‘(B) is at least 81 6 ⁄2 inches by 11 inches in

7 size; and

8 ‘‘(C) contains the following language:

9 ‘‘(i) ‘It is illegal to throw away a

10 motor vehicle battery or other lead-acid

11 battery.’.

12 ‘‘(ii) ‘Recycle your used batteries.’.

13 ‘‘(iii) ‘Federal law requires battery re14 tailers to accept used lead-acid batteries

15 for recycling when a battery is purchased.’.

16 ‘‘(iv) ‘Federal law allows you to sell or

17 return used batteries to an authorized bat18 tery collector, recycler, or processor, or to

19 an automotive dismantler.’.

20 ‘‘(2) FAILURE TO POST NOTICE.—Any person

21 who, after receiving a written warning by the Ad22 ministrator, fails to post a notice required under

23 paragraph (1) shall, notwithstanding section 16, be

24 subject to a civil penalty in an amount not to exceed

25 $1,000 per day.
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1 ‘‘(j) LEAD-ACID BATTERY LABELING REQUIRE2 MENTS.—

3 ‘‘(1) IN GENERAL.—Beginning on the date that

4 is 18 months after the date of enactment of this

5 subsection, it shall be unlawful for any lead-acid bat6 tery manufacturer to distribute in interstate com7 merce, or offer for such distribution, any lead-acid

8 battery that does not bear a permanent label that

9 contains the statements required under paragraph

10 (3).

11 ‘‘(2) SALES.—Beginning on the date that is 2

12 years after the date of enactment of this subsection,

13 it shall be unlawful to sell a lead-acid battery that

14 does not bear a permanent label that contains the

15 statements required under paragraph (3).

16 ‘‘(3) LABELS.—A label described in paragraph

17 (1) or (2) shall be considered to be consistent with

18 the requirements of this section if the label—

19 ‘‘(A) identifies that the lead-acid battery

20 contains lead; and

21 ‘‘(B) contains the following statements:

22 ‘‘(i) ‘Federal law requires recycling.’.

23 ‘‘(ii) ‘Retailers must accept in ex24 change.’.
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1 ‘‘(4) RECYCLING SYMBOLS.—Nothing in this

2 section shall be interpreted as prohibiting the display

3 on the label of a lead-acid battery of a recycling

4 symbol (as defined by the Administrator) or other

5 information intended to encourage recycling.

6 ‘‘(k) PUBLICATION OF NOTICE.—Not later than 180

7 days after the date of enactment of this subsection, the

8 Administrator shall publish in the Federal Register a no9 tice of the requirements of this section and such other re10 lated information as the Administrator determines to be

11 appropriate.

12 ‘‘(l) WARNINGS AND CITATIONS.—The Administrator

13 may issue a warning or citation (or both) to any person

14 who fails to comply with any provision of this section.

15 ‘‘(m) EXPORT FOR PURPOSES OF RECYCLING.—Not16 withstanding any other provision of this section, any per17 son may export any used lead-acid battery for the purpose

18 of recycling.

19 ‘‘(n) DEFINITION.—As used in this section, the term

20 ‘lead-acid battery’ means a battery that—

21 ‘‘(1) consists of lead and sulfuric acid;

22 ‘‘(2) is used as a power source; and

23 ‘‘(3) is not a rechargeable battery, as defined in

24 section 407.
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1 ‘‘SEC. 407. MERCURY-CONTAINING AND RECHARGEABLE

2 BATTERY MANAGEMENT.

3 ‘‘(a) DEFINITIONS.—As used in this section:

4 ‘‘(1) BATTERY PACK.—The term ‘battery pack’

5 means any combination of rechargeable batteries

6 containing 1 or more regulated batteries that com7 monly has wire leads, terminals, and dielectric hous8 ing.

9 ‘‘(2) BUTTON CELL.—The term ‘button cell’,

10 used with respect to a battery, means any button11 shaped or coin-shaped battery.

12 ‘‘(3) EASILY REMOVABLE.—The term ‘easily re13 movable’, used with respect to a rechargeable battery

14 or battery pack, means the battery or battery pack

15 is detachable or removable from a rechargeable

16 consumer product by a consumer with the use of

17 common household tools at the end of the life of the

18 battery or battery pack.

19 ‘‘(4) MERCURIC-OXIDE BATTERY.—The term

20 ‘mercuric-oxide battery’ means a battery that uses a

21 mercuric-oxide electrode.

22 ‘‘(5) RECHARGEABLE BATTERY.—The term ‘re23 chargeable battery’—

24 ‘‘(A) means any type of enclosed device or

25 sealed container consisting of 1 or more voltaic

26 or galvanic cells, electrically connected to
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1 produce electric energy, that is designed to be

2 recharged for repeated uses; and

3 ‘‘(B) does not include—

4 ‘‘(i) any lead-acid battery used to

5 start an internal combustion engine or as

6 the principal electrical power source for a

7 vehicle, such as an automobile, a truck,

8 construction equipment, a motorcycle, a

9 garden tractor, a golf cart, a wheelchair, or

10 a boat;

11 ‘‘(ii) any lead-acid battery used for

12 load leveling or for the storage of elec13 tricity generated by an alternative energy

14 source, such as a solar cell or wind driven

15 generator;

16 ‘‘(iii) any battery used as a backup

17 power source for memory or program in18 struction storage, timekeeping, or any

19 similar purpose that requires uninter20 rupted electrical power in order to function

21 if the primary energy supply fails or fluc22 tuates momentarily; and

23 ‘‘(iv) any alkaline battery.

24 ‘‘(6) RECHARGEABLE CONSUMER PRODUCT.—

25 The term ‘rechargeable consumer product’—
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1 ‘‘(A) means any product that when sold at

2 retail includes a regulated battery as a primary

3 energy supply and that is primarily intended for

4 personal or household use; and

5 ‘‘(B) does not include any product that

6 uses a battery solely as a backup power source

7 for memory or program instruction storage,

8 timekeeping, or any similar purpose that re9 quires uninterrupted electrical power in order to

10 function if the primary energy supply fails or

11 fluctuates momentarily.

12 ‘‘(7) REGULATED BATTERY.—The term ‘regu13 lated battery’ means any rechargeable battery that—

14 ‘‘(A) contains a cadmium or a lead elec15 trode or any combination of cadmium and lead

16 electrodes; or

17 ‘‘(B) has another electrode chemistry and

18 is the subject of a determination by the Admin19 istrator pursuant to subsection (b)(5).

20 ‘‘(8) REMANUFACTURED PRODUCT.—The term

21 ‘remanufactured product’ means a rechargeable

22 consumer product that has been altered by the re23 placement of a part, repackaged, or repaired, after

24 initial sale by the original manufacturer.
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1 ‘‘(b) RECHARGEABLE CONSUMER PRODUCTS AND

2 LABELING.—

3 ‘‘(1) PROHIBITION.—

4 ‘‘(A) IN GENERAL.—No person shall sell at

5 retail for use in the United States a regulated

6 battery or rechargeable consumer product intro7 duced into interstate commerce on or after the

8 date that is 1 year after the date of enactment

9 of this subsection, unless—

10 ‘‘(i) the regulated battery—

11 ‘‘(I) is easily removable from the

12 rechargeable consumer product;

13 ‘‘(II) is contained in a battery

14 pack that is easily removable from the

15 product; or

16 ‘‘(III) is sold separately from the

17 product; and

18 ‘‘(ii) the rechargeable consumer prod19 uct and the regulated battery are labeled

20 in accordance with paragraph (2).

21 ‘‘(B) APPLICATION.—Subparagraph (A)

22 shall not apply to—

23 ‘‘(i) the sale of a remanufactured

24 product unless subparagraph (A) applied
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1 to the sale of the product when originally

2 manufactured; and

3 ‘‘(ii) a product intended for export

4 purposes only.

5 ‘‘(2) LABELING.—Each regulated battery, bat6 tery pack, or rechargeable consumer product without

7 an easily removable battery or battery pack, manu8 factured on or after the date that is 1 year after the

9 date of enactment of this subsection, shall be labeled

10 with—

11 ‘‘(A)(i) 3 chasing arrows or a comparable

12 recycling symbol;

13 ‘‘(ii) proximate to such arrows or symbol—

14 ‘‘(I) on each nickel-cadmium battery

15 or battery pack, the chemical name or the

16 abbreviation ‘Ni-Cd’; and

17 ‘‘(II) on each lead-acid battery or bat18 tery pack, ‘Pb’ or the words ‘LEAD’, ‘RE19 TURN’, and ‘RECYCLE’; and

20 ‘‘(iii) on each regulated battery or battery

21 pack, the phrase ‘NICKEL-CADMIUM BAT22 TERY. MUST BE RECYCLED OR DIS23 POSED OF PROPERLY.’ or ‘SEALED

24 LEAD BATTERY. BATTERY MUST BE

25 RECYCLED.’, as applicable;
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1 ‘‘(B) on each rechargeable consumer prod2 uct without an easily removable battery or bat3 tery pack, the phrase ‘CONTAINS NICKEL4 CADMIUM BATTERY. BATTERY MUST

5 BE RECYCLED OR DISPOSED OF PROP6 ERLY.’ or ‘CONTAINS SEALED LEAD

7 BATTERY. BATTERY MUST BE RECY8 CLED.’, as applicable; and

9 ‘‘(C) on the packaging of each recharge10 able consumer product, and the packaging of

11 each regulated battery or battery pack sold sep12 arately from such a product, unless the relevant

13 label is clearly visible through the packaging,

14 the phrase ‘CONTAINS NICKEL-CADMIUM

15 BATTERY. BATTERY MUST BE RECY16 CLED OR DISPOSED OF PROPERLY.’ or

17 ‘CONTAINS SEALED LEAD BATTERY.

18 BATTERY MUST BE RECYCLED.’.

19 ‘‘(3) EXISTING LABELING.—

20 ‘‘(A) SUBSTANTIAL COMPLIANCE.—For a

21 period of 2 years after the date of enactment of

22 this subsection, regulated batteries and battery

23 packs, rechargeable consumer products contain24 ing regulated batteries, and rechargeable

25 consumer product packages, that are labeled in
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1 substantial compliance with paragraph (2) shall

2 be deemed to comply with the labeling require3 ments of paragraph (2).

4 ‘‘(B) DIFFERENT LABEL.—Upon applica5 tion by a person subject to the labeling require6 ments of paragraph (2) or the labeling require7 ments promulgated by the Administrator under

8 paragraph (5), the Administrator may approve

9 a different label and certify that the different

10 label meets the requirements of paragraph (2)

11 or (5), respectively, if the different label—

12 ‘‘(i) is substantially similar to the

13 label required under paragraph (2) or (5),

14 respectively; or

15 ‘‘(ii) conforms with a recognized inter16 national standard and is consistent with

17 the overall purposes of this section.

18 ‘‘(4) POINT OF SALE INFORMATION.—Any retail

19 establishment that offers for sale any battery, bat20 tery pack, or product subject to the labeling require21 ments of paragraph (2) or the labeling requirements

22 promulgated by the Administrator under paragraph

23 (5), shall display, in a manner visible to a consumer,

24 a written notice that informs the consumer that reg25 ulated batteries and battery packs, whether sold sep-
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1 arately or in rechargeable consumer products, shall

2 be recycled or disposed of properly.

3 ‘‘(5) RULEMAKING AUTHORITY OF THE ADMIN4 ISTRATOR.—

5 ‘‘(A) IN GENERAL.—If the Administrator

6 determines that other rechargeable batteries

7 having electrode chemistries different from reg8 ulated batteries described in subsection

9 (a)(7)(A) are toxic and may cause substantial

10 harm to human health and the environment if

11 discarded into the solid waste stream for land

12 disposal or incineration, the Administrator may,

13 with the advice and counsel of State regulatory

14 authorities and manufacturers of rechargeable

15 batteries, battery packs, and rechargeable

16 consumer products, and after public comment—

17 ‘‘(i) promulgate labeling requirements

18 for the batteries with different electrode

19 chemistries, battery packs containing the

20 batteries, rechargeable consumer products

21 containing the batteries that are not easily

22 removable batteries, and packaging for the

23 products; and

24 ‘‘(ii) promulgate easily-removable de25 sign requirements for rechargeable
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1 consumer products designed to contain the

2 batteries or battery packs.

3 ‘‘(B) SUBSTANTIAL SIMILARITY.—The reg4 ulations promulgated pursuant to subparagraph

5 (A) shall be substantially similar to the require6 ments set forth in paragraphs (1) and (2).

7 ‘‘(6) UNIFORMITY.—After the effective dates of

8 a requirement set forth in paragraph (1), (2), or (3)

9 or a regulation promulgated by the Administrator

10 under paragraph (5), no Federal agency, State, or

11 political subdivision of a State may enforce any easy

12 removability or environmental labeling requirement

13 for a rechargeable battery, battery pack, or re14 chargeable consumer product that is not identical to

15 the requirement or regulation.

16 ‘‘(7) EXEMPTIONS.—

17 ‘‘(A) IN GENERAL.—With respect to any

18 rechargeable consumer product, any person may

19 submit an application to the Administrator for

20 an exemption from the requirements of para21 graph (1) in accordance with the procedures

22 under subparagraph (B). The application shall

23 include—

24 ‘‘(i) a statement of the specific basis

25 for the request for the exemption; and
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1 ‘‘(ii) the name, business address, and

2 telephone number of the applicant.

3 ‘‘(B) GRANTING OF EXEMPTION.—Not

4 later than 60 days after receipt of an applica5 tion under subparagraph (A), the Administrator

6 shall approve or deny the application. Upon ap7 proval of the application, the Administrator

8 shall grant an exemption to the applicant. The

9 exemption shall be issued for a period of time

10 that the Administrator determines to be appro11 priate, except that the period shall not exceed

12 2 years. The Administrator shall grant an ex13 emption on the basis of evidence supplied to the

14 Administrator that the manufacturer has been

15 unable to commence manufacturing the re16 chargeable consumer product in compliance

17 with this subsection and with an equivalent

18 level of product performance without the

19 product—

20 ‘‘(i) resulting in danger to human

21 health, safety, or the environment; or

22 ‘‘(ii) violating requirements for ap23 provals from governmental agencies or

24 widely recognized private standard-setting
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1 organizations (including Underwriters Lab2 oratories).

3 ‘‘(C) RENEWAL OF EXEMPTION.—A person

4 granted an exemption under subparagraph (B)

5 may apply for a renewal of the exemption in ac6 cordance with the requirements and procedures

7 described in subparagraphs (A) and (B). The

8 Administrator may grant a renewal of such an

9 exemption for a period of not more than 2 years

10 after the date of granting of the renewal.

11 ‘‘(c) REQUIREMENTS.—For the purposes of carrying

12 out the collection, storage, transportation, recycling, or

13 proper disposal of used rechargeable batteries, used bat14 tery packs, and used rechargeable consumer products con15 taining rechargeable batteries that are not easily remov16 able rechargeable batteries, persons involved in collecting,

17 storing, or transporting such batteries, battery packs, or

18 products to a facility for recycling or proper disposal shall

19 be subject, in the same manner and with the same limita20 tions, to the same requirements as would apply if the per21 sons were collecting, storing, or transporting batteries

22 subject to subpart G of part 266 of title 40, Code of Fed23 eral Regulations, as in effect on January 1, 1993, notwith24 standing any other regulation or statute.
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1 ‘‘(d) COOPERATIVE EFFORTS.—Notwithstanding any

2 other provision of law, if 2 or more persons who partici3 pate in projects or programs to collect and properly man4 age used rechargeable batteries, used battery packs, or

5 used rechargeable consumer products advise the Adminis6 trator of their intent, the persons may agree to develop

7 jointly, or to share in the costs of participating in, such

8 a project or program and to examine and rely upon such

9 cost information as is collected during the project or

10 program.

11 ‘‘(e) REPORT TO CONGRESS.—

12 ‘‘(1) REPORT DEADLINES IN GENERAL.—Not

13 later than 3 years after the date of enactment of

14 this subsection, the Administrator, after consultation

15 with and obtaining relevant industrywide data from

16 the States, environmental and consumer groups, and

17 organizations representing rechargeable battery

18 manufacturers, rechargeable consumer product man19 ufacturers, and retailers, and after conducting a

20 public hearing and considering public comment, shall

21 submit to Congress a report that provides the infor22 mation specified in paragraph (2). In collecting in23 formation for the report, the Administrator shall co24 ordinate with such States, environmental and

25 consumer groups, and organizations to minimize the
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1 frequency and scope of any reporting requirements

2 associated with the manufacture, sale, or collection

3 of regulated batteries.

4 ‘‘(2) CONTENT OF REPORT.—The report de5 scribed in paragraph (1) shall include each of the

6 following:

7 ‘‘(A) A review of the activities carried out

8 by the entities listed in paragraph (1) with re9 spect to the labeling, collection, transportation,

10 recycling, and disposal of regulated batteries.

11 ‘‘(B) An estimate, for the period beginning

12 on the date of enactment of this subsection and

13 ending on the date of preparation of the report,

14 of the number of regulated batteries entering

15 the solid waste stream for disposal in inciner16 ators, landfills, and municipal solid waste

17 facilities.

18 ‘‘(C) A review of the recycling and rec19 lamation rates for regulated batteries.

20 ‘‘(D) A review of the availability of per21 mitted facilities sufficient to handle the current

22 and projected volume of used regulated bat23 teries, along with a complete evaluation of po24 tential regulatory impediments to management

25 options.
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1 ‘‘(E) A list of entities involved in the pro2 duction and distribution of regulated batteries

3 or rechargeable consumer products and partici4 pating in programs for the collection of regu5 lated batteries.

6 ‘‘(F) A list of entities involved in the pro7 duction and distribution of regulated batteries

8 or rechargeable consumer products, excluding

9 retailers, that are not participating in programs

10 for the collection of regulated batteries. In for11 mulating the list, the Administrator shall not

12 require any participant to report the name of

13 any such nonparticipant. Prior to listing any

14 entity as such a nonparticipant, the Adminis15 trator shall determine that the entity should be

16 a participant, and independently verify with the

17 entity that the entity is not a participant.

18 ‘‘(3) FREQUENCY OF REPORT.—Not later than

19 2 years after publication of the report required in

20 paragraph (1), and every 2 years thereafter, the Ad21 ministrator shall issue a report that provides an up22 date of the information specified in paragraph (2).

23 ‘‘(f) LIMITATIONS ON THE SALE OF ALKALINE-MAN24 GANESE BATTERIES CONTAINING MERCURY.—No person

25 shall introduce into interstate commerce, offer for such in-
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1 troduction, or offer for promotional purposes any alkaline2 manganese battery manufactured on or after January 1,

3 1996, with a mercury content that was intentionally intro4 duced (as distinguished from mercury that may be inci5 dentally present in other materials), except that the limita6 tion on mercury content in alkaline-manganese button cell

7 batteries shall be 25 milligrams of mercury per button cell

8 battery.

9 ‘‘(g) LIMITATIONS ON THE SALE OF ZINC CARBON

10 BATTERIES CONTAINING MERCURY.—No person shall in11 troduce into interstate commerce, offer for such introduc12 tion, or offer for promotional purposes any zinc carbon

13 battery manufactured on or after January 1, 1995, that

14 contains any mercury that was intentionally introduced as

15 described in subsection (f).

16 ‘‘(h) LIMITATIONS ON THE SALE OF BUTTON CELL

17 MERCURIC-OXIDE BATTERIES.—No person shall intro18 duce into interstate commerce, offer for such introduction,

19 or offer for promotional purposes any button cell mer20 curic-oxide battery on or after January 1, 1995.

21 ‘‘(i) LIMITATIONS ON THE SALE OF MERCURIC22 OXIDE BATTERIES.—No person shall introduce into inter23 state commerce, offer for such introduction, or offer for

24 promotional purposes any mercuric-oxide battery on or

25 after January 1, 1997.
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1 ‘‘(j) INFORMATION DISSEMINATION.—In consultation

2 with representatives of rechargeable battery manufactur3 ers, rechargeable consumer product manufacturers, and

4 retailers, the Administrator shall establish a program to

5 provide information to the public concerning the proper

6 handling and disposal of used regulated batteries and used

7 rechargeable consumer products without easily removable

8 batteries.

9 ‘‘(k) ENFORCEMENT.—For the purposes of this sec10 tion:

11 ‘‘(1) Whenever on the basis of any information

12 the Administrator determines that any person has

13 violated or is in violation of any requirement of this

14 section, the Administrator may issue an order as15 sessing a civil penalty for any past or current viola16 tion, requiring compliance immediately or within a

17 reasonable specified time period, or both, or the Ad18 ministrator may commence a civil action in the

19 United States district court in the district in which

20 the violation occurred for appropriate relief, includ21 ing a temporary or permanent injunction.

22 ‘‘(2) Any order issued pursuant to this sub23 section shall state with reasonable specificity the na24 ture of the violation. Any penalty assessed in the

25 order shall not exceed $10,000 for each such viola-
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1 tion. In assessing such a penalty, the Administrator

2 shall take into account the seriousness of the viola3 tion and any good faith efforts to comply with appli4 cable requirements.

5 ‘‘(3) Any order issued under this subsection

6 shall become final unless, not later than 30 days

7 after the order is served, the person or persons

8 named in the order request a public hearing. If such

9 a request is made, the Administrator shall promptly

10 conduct a public hearing. In connection with any

11 proceeding under this subsection, the Administrator

12 may issue subpoenas for the attendance and testi13 mony of witnesses and the production of relevant pa14 pers, books, and documents.

15 ‘‘(4) If a violator fails to take corrective action

16 within the time period specified in a compliance

17 order issued under this subsection, the Adminis18 trator may assess a civil penalty of not more than

19 $10,000 for the continued noncompliance with the

20 order.

21 ‘‘(5) This section shall be enforced only pursu22 ant to this subsection, notwithstanding the provi23 sions of title I.

24 ‘‘(l) INFORMATION GATHERING AND ACCESS.—For

25 the purposes of this section:
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1 ‘‘(1) Any person who is required to comply with

2 this section, including—

3 ‘‘(A) a regulated battery manufacturer;

4 ‘‘(B) a rechargeable consumer product

5 manufacturer;

6 ‘‘(C) a mercury-containing battery manu7 facturer; and

8 ‘‘(D) an authorized agent of a manufac9 turer described in subparagraph (A), (B), or

10 (C);

11 shall establish and maintain such records and report

12 such information as the Administrator may by rule

13 reasonably require to carry out this section.

14 ‘‘(2) The Administrator, or an authorized rep15 resentative of the Administrator upon presentation

16 of credentials, may at reasonable times have access

17 to and copy any records required to be maintained

18 under paragraph (1).

19 ‘‘(3) The Administrator shall maintain the con20 fidentiality of such records or information main21 tained or reported under this subsection as contain

22 proprietary information.

23 ‘‘(m) STATE AUTHORITY.—Except as provided in

24 subsection (b)(6), or as provided in subsection (c), (relat25 ing to requirements and the labeling of rechargeable bat-
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1 teries, battery packs, or rechargeable consumer products

2 or packages containing the products), nothing in this sec3 tion shall be construed so as to prohibit a State from en4 acting and enforcing a standard or requirement that is

5 more stringent than a standard or requirement established

6 or promulgated under this section.

7 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated such sums as are nec9 essary to carry out this section.’’.

10 SEC. 107. STUDY OF LEAD IN USED OIL.

11 (a) STUDY OF LEAD IN USED OIL.—

12 (1) IN GENERAL.—Not later than 18 months

13 after the date of enactment of this subsection, the

14 Administrator shall conduct a study concerning the

15 effects on the environment and public health of

16 burning used oil.

17 (2) REPORT.—On the completion of the study,

18 the Administrator shall submit a report to Congress

19 on the results of the study.

20 (3) CONTENTS OF STUDY.—The study shall in21 clude an assessment of—

22 (A) the volume of lead in used oil released

23 into the environment, and the sources of the

24 lead contaminants;
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1 (B) the impact of a variety of approaches

2 to regulation of used oil recycling facilities; and

3 (C) such other information as the Adminis4 trator determines to be appropriate regarding

5 disposal practices of lead in used oil in use at

6 the time of the study and alternatives to the

7 practices, including the manner in which any

8 detrimental effects on the environment or public

9 health (or both) can be reduced or eliminated

10 by the reduction of lead as a constituent of

11 used oil.

12 (b) COORDINATOR FOR LEAD ACTIVITIES.—Not later

13 than 30 days after the date of enactment of this sub14 section, the Administrator shall appoint, from among the

15 employees of the Environmental Protection Agency, a Co16 ordinator for Lead Activities to coordinate the activities

17 conducted by the Agency (or in conjunction with the Agen18 cy) relating to the prevention of lead poisoning, the reduc19 tion of lead exposure, and lead abatement.’’.

20 SEC. 108. CONFORMING AMENDMENTS.

21 (a) CROSS-REFERENCES.—

22 (1) PENALTIES.—Section 16 (15 U.S.C. 2615)

23 is amended by striking ‘‘409’’ each place it appears

24 and inserting ‘‘418’’.
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1 (2) SPECIFIC ENFORCEMENT AND SEIZURE.—

2 Section 17(a)(1)(A) (15 U.S.C. 2616(a)(1)(A)) is

3 amended by striking ‘‘409’’ and inserting ‘‘418’’.

4 (3) AUTHORIZED STATE PROGRAMS.—Section

5 413, as redesignated by section 101(a), is amend6 ed—

7 (A) by striking ‘‘402 or 406’’ each place it

8 appears and inserting ‘‘411 or 415’’; and

9 (B) in subsection (d), by striking ‘‘402’’

10 and inserting ‘‘411’’.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—In sec12 tion 421, as redesignated by section 101(a) of this Act,

13 by striking ‘‘There are authorized to be appropriated to

14 carry out the purposes of this title’’ and inserting ‘‘There

15 are authorized to be appropriated to carry out this title

16 (other than sections 403 through 410)’’.

17 (c) REFERENCES IN OTHER ACTS.—

18 (1) Section 302(a)(1)(A) of the Lead-Based

19 Paint Poisoning Prevention Act (42 U.S.C

20 4822(a)(1)(A)) is amended by striking ‘‘406’’ and

21 inserting ‘‘415’’.

22 (2) Section 1011 of the Residential Lead-Based

23 Paint Hazard Reduction Act of 1992 (42 U.S.C.

24 4852) is amended—
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1 (A) in subsections (e)(5), (g)(1), and (n),

2 by striking ‘‘402’’ and inserting ‘‘411’’; and

3 (B) in subsection (n), by striking ‘‘404’’

4 and inserting ‘‘413’’.

5 (3) Section 1018(a)(1)(A) of the Residential

6 Lead-Based Paint Hazard Reduction Act of 1992

7 (42 U.S.C. 4852d(a)(1)(A)) is amended by striking

8 ‘‘406’’ and inserting ‘‘415’’.

9 SEC. 111. AMENDMENT TO TABLE OF CONTENTS.

10 The table of contents in section 1 of the Act (15

11 U.S.C. 2601 et seq.) is amended by striking the items re12 lating to title IV and inserting the following new items:

‘‘TITLE IV—LEAD EXPOSURE REDUCTION

‘‘Sec. 401. Findings and policy.

‘‘Sec. 402. Definitions.

‘‘Sec. 403. Restrictions on continuing uses of certain lead-containing products.

‘‘Sec. 404. Inventory of lead-containing products and new use notification procedures.

‘‘Sec. 405. Product labeling.

‘‘Sec. 406. Recycling of lead-acid batteries.

‘‘Sec. 407. Mercury-containing and rechargeable battery management.

‘‘Sec. 408. Lead contamination in schools and day care facilities.

‘‘Sec. 409. Blood-lead and other abatement and measurement programs.

‘‘Sec. 410. Establishment of National Centers for the Prevention of Lead Poisoning.

‘‘Sec. 411. Lead-based paint activities training and certification.

‘‘Sec. 412. Identification of dangerous levels of lead.

‘‘Sec. 413. Authorized State programs.

‘‘Sec. 414. Lead abatement and measurement.

‘‘Sec. 415. Lead hazard information pamphlet.

‘‘Sec. 416. Regulations.

‘‘Sec. 417. Control of lead-based paint hazards at Federal facilities.

‘‘Sec. 418. Prohibited acts.

‘‘Sec. 419. Relationship to other Federal law.

‘‘Sec. 420. General provisions relating to administrative proceedings.

‘‘Sec. 421. Authorization of appropriations.’’.
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1 TITLE II—MISCELLANEOUS

2 SEC. 201. NON-INTERFERENCE.

3 Nothing in this Act shall interfere with the promulga4 tion of regulations required pursuant to the Residential

5 Lead-Based Paint Hazard Reduction Act of 1992 (106

6 Stat. 3897).

7 SEC. 202. SENSE OF THE CONGRESS CONCERNING LEAD

8 FISHING SINKERS.

9 (a) FINDINGS.—

10 (1) on March 9, 1994 the EPA promulgated a

11 rule to ban the manufacture and sale of lead, zinc,

12 and brass fishing sinkers,

13 (2) the proposed rule was developed in response

14 to a Toxic Substances Control Act petition request15 ing that EPA label, not ban, lead fishing sinkers,

16 (3) EPA states in the proposed rule, ‘‘In addi17 tion, an accurate number of waterbirds that could

18 receive a lethal dose of lead or zinc from fishing

19 sinkers, or the probability of consuming a lethal

20 dose, cannot be estimated,

21 (4) no one has studied the effectiveness of fish22 ing sinkers manufactured from lead-substitute mate23 rials which can cost eight to ten times as much and

24 have physical or chemical limitations,
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1 (5) a ban on lead fishing sinkers would put

2 small fishing tackle manufacturers at a competitive

3 disadvantage to major fishing tackle manufacturers

4 who can afford to retool and produce fishing sinkers

5 with lead-substitute materials,

6 (6) a ban on home manufacturing of lead fish7 ing sinkers would affect up to 1,600,000 anglers

8 who make their own sinkers in basements and ga9 rages, and

10 (7) EPA has commented that a ban on lead

11 fishing sinkers could eventually be expanded to all

12 lead-containing fishing tackle, including lures.

13 (b) SENSE OF CONGRESS.—It is the sense of the

14 Congress that the Administrator should finalize no rule

15 or regulation which requires a nationwide prohibition of

16 the manufacture, sale, or use of fishing sinkers, jigs, or

17 lures containing lead, brass, or zinc, until such time as

18 the Administrator gives priority consideration to alter19 native means of reducing the risk to waterfowl from lead

20 fishing sinkers, including labeling, public education, and

21 State or regional limits.
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1 TITLE III—AUTHORIZATION OF

2 APPROPRIATIONS

3 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated to carry out

5 this Act and the amendments made by this Act (other

6 than sections 407 and 408 of the Toxic Substances Con7 trol Act, as added by this Act)—

8 (1) $25,000,000 for fiscal year 1995;

9 (2) $24,000,000 for fiscal year 1996;

10 (3) $24,000,000 for fiscal year 1997; and

11 (4) $22,000,000 for fiscal year 1998.

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