I

104TH CONGRESS

1ST SESSION H. R. 1522

To amend the Solid Waste Disposal Act to provide management standards

and recycling requirements for spent lead-acid batteries.

IN THE HOUSE OF REPRESENTATIVES

APRIL 7, 1995

Mr. TORRES (for himself, Mr. ACKERMAN, Mr. BEILENSON, Mr. BERMAN, Mr.

BONIOR, Mr. BROWN of California, Mr. BRYANT of Texas, Mr. DELLUMS,

Ms. ESHOO, Mr. EVANS, Mr. FATTAH, Mr. FAZIO of California, Mr.

FILNER, Mr. FRANK of Massachusetts, Mr. FROST, Ms. HARMAN, Mr.

LIPINSKI, Mrs. LOWEY, Mr. MCDERMOTT, Mr. MILLER of California, Mr.

MINETA, Mr. MORAN, Ms. PELOSI, Mr. ROMERO-BARCELO ́, Ms. ROYBALALLARD, Mrs. SCHROEDER, Mr. SERRANO, Ms. SLAUGHTER, Mr. VENTO,

Mr. WALSH, Ms. WATERS, Mr. WAXMAN, Ms. WOOLSEY, and Mr. YATES)

introduced the following bill; which was referred to the Committee on

Commerce

A BILL

To amend the Solid Waste Disposal Act to provide management standards and recycling requirements for spent

lead-acid batteries.

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.

4 This Act may be cited as the ‘‘Lead Battery Recy5 cling Incentives Act’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds the following:

3 (1) Consumption of lead in the United States

4 has declined since the early 1970s, when lead was

5 widely used in paints and as a gasoline additive, but

6 substantial amounts of lead continue to be used in

7 a variety of products. The most important of these

8 is lead-acid batteries, used primarily in motor vehi9 cles. In 1987, batteries accounted for 78 percent of

10 all the lead used in manufacturing in the United

11 States.

12 (2) The lead in batteries can be easily recycled,

13 but each year a substantial amount of lead is re14 leased to the environment when batteries are dis15 posed of in landfills and municipal incinerators. Ac16 cording to the Environmental Protection Agency,

17 138,000 tons of lead were discarded in batteries in

18 1986 (65 percent of total lead discards). Lead dis19 carded in batteries increased 64 percent between

20 1970 and 1986, and the Environmental Protection

21 Agency projects a further increase of 31 percent by

22 the year 2000.

23 (3) Since lead is an element that cannot be de24 stroyed, its continued release in any amount leads to

25 increased amounts of lead in the environment.
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1 (4) An increase in environmental lead loadings

2 is harmful to health and the environment. Because

3 lead accumulates in body tissues, exposure to lead

4 can result in a variety of health problems. Even low

5 levels of exposure can lead to neurochemical

6 changes, altered behavior, or learning disabilities.

7 Higher levels of exposure can induce serious health

8 effects, including permanent damage to the central

9 nervous system. Effects on the brain and nervous

10 systems have been observed at blood lead levels once

11 considered safe.

12 (5) Children are especially susceptible to the

13 adverse consequences of lead in the environment.

14 Those with high blood levels are three times more

15 likely to have a verbal IQ score below 80. The det16 rimental impact on cognitive development will con17 tinue into early adulthood.

18 (6) General population exposures and blood

19 lead levels remain near recently identified medical

20 effect levels. The Environmental Protection Agency’s

21 Clean Air Scientific Advisory Committee has rec22 ommended that the maximum acceptable blood lead

23 level for children be lowered from 25 mg/dl to 10–

24 15 mg/dl. Approximately three to four million young
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1 children in the Nation’s cities suffer blood lead levels

2 higher than 15 mg/dl.

3 (7) Exposures to lead are higher for popu4 lations around certain lead smelting facilities, popu5 lations in urban areas with heavily contaminated

6 soils, and populations living in housing with lead7 based paint or water delivery systems that contain

8 lead. Chronic low-level exposure can be most damag9 ing to these populations.

10 (8) Federal, State, and local programs to re11 duce emissions of lead have made significant

12 progress but have not eliminated human and envi13 ronmental exposure to lead. Air emissions from

14 sources other than transportation have in fact re15 mained relatively steady since 1983.

16 (9) Incineration of batteries in municipal solid

17 waste contributed 32 percent of the 8,100 metric

18 tons of lead emitted in the United States in 1987.

19 (10) Seventeen percent of municipal solid waste

20 (MSW) was incinerated in 1990. But, since both the

21 rate of incineration and the amount of waste gen22 erated is increasing, the Environmental Protection

23 Agency projects that the amount of waste inciner24 ated will grow by 50 percent between 1990 and the

25 year 2000. The dramatic increase in incineration will
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1 greatly contribute to the amount of airborne lead

2 emissions, unless measures are implemented to di3 vert batteries from this type of improper disposal.

4 Continued incineration of batteries will also increase

5 the amount of lead disposed of in incinerator ash,

6 which, when landfilled, may leach into ground water.

7 SEC. 3. SPENT LEAD-ACID BATTERY MANAGEMENT RE8 QUIREMENTS.

9 (a) MANAGEMENT STANDARDS FOR SPENT LEAD10 ACID BATTERIES.—Subtitle C of the Solid Waste Disposal

11 Act (42 U.S.C. 6921 et seq.) is amended by adding at

12 the end the following new section:

13 ‘‘SEC. 3024. MANAGEMENT STANDARDS FOR SPENT LEAD14 ACID BATTERIES.

15 ‘‘(a) IN GENERAL.—(1) Not later than 18 months

16 after the date of the enactment of the Lead Battery Recy17 cling Incentives Act, the Administrator shall promulgate

18 regulations, in accordance with this section, for persons

19 who generate, transport, store, recycle, or dispose of spent

20 lead-acid batteries.

21 ‘‘(2) Such regulations shall include the recordkeeping

22 requirements described in subsections (b)(4) and (c)(3),

23 including a standard form that such persons may use for

24 carrying out applicable recordkeeping requirements.
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1 ‘‘(3) In developing such regulations, the Adminis2 trator shall conduct an analysis of the economic impact

3 of the regulations on the recycling industry. The Adminis4 trator shall ensure that such regulations do not discourage

5 the recovery or recycling of spent lead-acid batteries, con6 sistent with the protection of human health and the envi7 ronment.

8 ‘‘(b) GENERATORS.—

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

10 promulgate regulations establishing requirements for

11 generators of spent lead-acid batteries as necessary

12 to protect human health and the environment. Such

13 regulations shall cover the storage and transfer of

14 batteries, recordkeeping, and such other matters as

15 the Administrator considers appropriate, including

16 protection against spillage and leakage of acid. In

17 promulgating such regulations, the Administrator

18 shall take into account the effect of such regulations

19 on environmentally acceptable types of lead-acid bat20 tery recycling and the effect of such regulations on

21 small quantity generators and generators which are

22 small businesses (as defined by the Administrator).

23 ‘‘(2) STORAGE.—The regulations shall require

24 the following with respect to storage of spent lead25 acid batteries:
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1 ‘‘(A) No spent lead-acid batteries may be

2 stored on unprotected soil or in a manner which

3 allows storm water to pass over them.

4 ‘‘(B) No spent lead-acid batteries may be

5 stored for more than a certain period of time,

6 as defined in the regulations.

7 ‘‘(3) TRANSFER.—The regulations shall require

8 that a generator must transfer spent lead-acid bat9 teries to one of the following:

10 ‘‘(A) A spent lead-acid battery disposal fa11 cility with a permit under section 3005.

12 ‘‘(B) A secondary lead smelter.

13 ‘‘(C) A spent lead-acid battery recycling fa14 cility which recovers lead from spent lead-acid

15 batteries and which has a permit under section

16 3005.

17 ‘‘(D) A battery transporter with a contract

18 to deliver the batteries to any facility described

19 in subparagraph (A), (B), or (C).

20 ‘‘(4) RECORDKEEPING.—The regulations shall

21 require that a generator of spent lead-acid batteries

22 shall keep a record, for a period of at least 3 years,

23 with respect to each transfer of batteries. The record

24 shall contain the following:
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1 ‘‘(A) The date and quantity of batteries

2 transferred.

3 ‘‘(B) The destination of the batteries

4 transferred.

5 ‘‘(C) A certification from either the trans6 porter of the batteries, or from the recycling fa7 cility, disposal facility, or smelter to which the

8 battery is being transferred, that such facility

9 or smelter has a permit as required under this

10 section or is exempt as provided under this

11 section.

12 ‘‘(5) RETAILER REQUIREMENTS.—The regula13 tions shall require that a person who sells, or offers

14 for sale, lead-acid batteries shall accept from cus15 tomers, if offered by customers, spent lead-acid bat16 teries of the same type as the batteries sold and in

17 a quantity approximately equal to the number of

18 batteries sold. The spent lead-acid batteries shall be

19 accepted at the place where lead-acid batteries are

20 offered for sale.

21 ‘‘(c) TRANSPORTERS.—

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

23 promulgate regulations establishing requirements for

24 transporters of spent lead-acid batteries as necessary

25 to protect human health and the environment. Such
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1 regulations shall cover recordkeeping and such other

2 matters as the Administrator considers appropriate,

3 including protection against spillage and leakage of

4 acid.

5 ‘‘(2) IDENTIFICATION NUMBER.—The regula6 tions shall require that each transporter acquire an

7 identification number from the Environmental Pro8 tection Agency or from a State enforcing this

9 section.

10 ‘‘(3) RECORDKEEPING.—The regulations shall

11 require that a transporter of spent lead-acid bat12 teries shall keep a record, for a period of not less

13 than 3 years, with respect to each shipment of spent

14 lead-acid batteries, containing the following:

15 ‘‘(A) The date of receipt, origin, and quan16 tity of spent lead-acid batteries transported.

17 ‘‘(B) The destination of the batteries

18 transported.

19 ‘‘(C) A certification from the disposal facil20 ity or smelter to which the batteries are being

21 transported that such facility or smelter has a

22 permit as required under this section or is

23 exempt as provided under this section.

24 ‘‘(D) A certification from the disposal fa25 cility or smelter to which the batteries are being
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1 transported that the facility or smelter actually

2 received the quantity of batteries described in

3 subparagraph (A).

4 ‘‘(d) RECYCLERS.—

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

6 promulgate regulations establishing requirements for

7 recyclers of spent lead-acid batteries as necessary to

8 protect human health and the environment. Such

9 regulations shall cover the matters described in this

10 subsection and such other matters as the Adminis11 trator considers appropriate, including protection

12 against spillage and leakage of acid. For purposes of

13 administration and enforcement, the Administrator

14 shall integrate the requirements of the regulations

15 with, and shall avoid duplication with, provisions of

16 any other laws that contain similar requirements.

17 ‘‘(2) MINIMUM REQUIREMENTS.—The regula18 tions shall include requirements respecting the fol19 lowing:

20 ‘‘(A) Maintaining records of all spent lead21 acid batteries governed under provisions of this

22 section and the manner in which such batteries

23 were managed under this section. Such records

24 at a minimum shall include, with respect to

25 each shipment of spent lead-acid batteries, the
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1 date of receipt and quantity of batteries re2 ceived, the name and address of the generator

3 and transporter of such batteries, and the cer4 tification described in subparagraph (C) of sub5 section (c)(3).

6 ‘‘(B) Reporting, monitoring, and inspec7 tion.

8 ‘‘(C) Recycling of all batteries received by

9 the recycling facility in accordance with the re10 quirements established by the Administrator.

11 ‘‘(D) The control of air emissions from

12 secondary lead smelters as may be necessary.

13 ‘‘(E) Control of spillage and leakage of

14 acid from spent lead-acid batteries, including

15 control of run-on and run-off of stormwater

16 from battery storage areas.

17 ‘‘(F) Management practices for recycling

18 battery cases from spent lead-acid batteries.

19 ‘‘(G) Contingency plans for effective action

20 to minimize and remediate potential environ21 mental damage caused by a mishap at any recy22 cling facility.

23 ‘‘(H) Management of slag or any other sec24 ondary materials resulting from the secondary

25 lead smelting process as may be necessary.
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1 ‘‘(I) Compliance with such requirements

2 for corrective action and financial responsibility

3 as may be necessary or desirable.

4 ‘‘(e) RETENTION OF STATE AUTHORITY.—Nothing

5 in this section shall prohibit any State or political subdivi6 sion thereof from imposing any requirement regarding

7 spent lead-acid batteries which is more stringent than any

8 requirement established by this section.

9 ‘‘(f) SPENT LEAD-ACID BATTERY RECYCLING EDU10 CATION.—(1) The Administrator shall implement edu11 cation activities and programs to inform the public and

12 small businesses about the environmental and safety haz13 ards associated with improper handling and disposal of

14 spent lead-acid batteries, including the benefits derived

15 from legitimate battery recycling. In carrying out his re16 sponsibilities under this subsection, the Administrator

17 shall consult and assist the heads of Federal departments

18 and agencies, appropriate State and local government

19 agencies, educational institutions, trade associations, and

20 other representatives of private sector organizations.

21 ‘‘(2) There is authorized to be appropriated to the

22 Administrator not more than $150,000 for fiscal year

23 1996, and not more than $175,000 for each of fiscal years

24 1997 and 1998 to carry out the purposes and require25 ments of this subsection.
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1 ‘‘(g) APPLICABILITY.—This section applies to bat2 teries which are transported to or managed by either a

3 spent lead-acid battery recycling facility, a secondary lead

4 smelter, or any facility that prepares batteries for recy5 cling.

6 ‘‘(h) DEFINITIONS.—For purposes of this section:

7 ‘‘(1) The term ‘generator’ means a commercial

8 entity that collects, stores, accumulates, or otherwise

9 generates spent lead-acid batteries. The term does

10 not include an individual who removes a battery

11 from an automobile or light-duty truck owned or op12 erated by such individual and used only for personal

13 purposes.

14 ‘‘(2) The terms ‘lead-acid battery’, ‘secondary

15 lead smelter’, and ‘spent lead-acid battery recycling

16 facility’ have the meanings given those terms by sec17 tion 3025(e).’’.

18 (b) TECHNICAL AMENDMENT.—The table of contents

19 for subtitle C (contained in section 1001) is amended by

20 adding at the end the following:

‘‘Sec. 3024. Management standards for spent lead-acid batteries.’’.

21 SEC. 4. SPENT LEAD-ACID BATTERY RECYCLING REQUIRE22 MENTS.

23 (a) IN GENERAL.—Subtitle C of the Solid Waste Dis24 posal Act is further amended by inserting after section

25 3024 the following new section:
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1 ‘‘SEC. 3025. RECYCLING REQUIREMENTS FOR SPENT LEAD2 ACID BATTERIES.

3 ‘‘(a) GENERAL REQUIREMENT.—(1) During the pe4 riod beginning not later than 24 months after the date

5 of the enactment of the Lead Battery Recycling Incentives

6 Act and ending 10 years after such date, a producer or

7 importer of lead-acid batteries each year shall recycle,

8 using a method described in paragraph (2), an amount,

9 by weight, of spent lead generated from lead-acid batteries

10 equal to at least that amount of lead determined by—

11 ‘‘(A) multiplying the amount, by weight, of lead

12 in lead-acid batteries produced for domestic use or

13 consumption or imported that year by such person,

14 by

15 ‘‘(B) the recycling percentage established by the

16 Administrator under subsection (b).

17 ‘‘(2) A producer or importer of lead-acid batteries

18 may comply with this subsection—

19 ‘‘(A) by reclaiming lead from spent lead-acid

20 batteries and using such lead in the production of

21 new lead-acid batteries (in compliance with the recy22 cling requirements of section 3024 and regulations

23 promulgated pursuant to such section);

24 ‘‘(B) by purchasing from secondary lead smelt25 ers lead reclaimed from spent lead-acid batteries for

26 purposes of producing new lead-acid batteries or
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1 manufacturing lead shielding by introducing such re2 claimed lead into new batteries or shielding; or

3 ‘‘(C) by purchasing recycling credits from an4 other producer of lead-acid batteries under the recy5 cling credit system established pursuant to sub6 section (c).

7 ‘‘(3) A producer or importer of new lead-acid bat8 teries shall submit to the Administrator, under regulations

9 promulgated by the Administrator, a report on the

10 amount, by weight, of virgin and secondary lead used in

11 new lead-acid batteries produced or imported in each cal12 endar year by such person. The report shall be submitted

13 at least once a year, but the Administrator also may re14 quire such interim reports under this paragraph as he con15 siders necessary. The Administrator shall promulgate a

16 methodology for determining the amount of lead for pur17 poses of complying with this subsection. Such methodology

18 may take into account the growth rate of production of

19 lead-acid batteries and the normal life span of such

20 batteries.

21 ‘‘(b) RECYCLING PERCENTAGE.—The Administrator

22 each year shall establish a recycling percentage for use

23 under subsection (a). The percentage applicable during

24 the first year that the requirement established by sub25 section (a) is in effect shall be a 80 percent. For each
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1 of the 10 years thereafter, the recycling percentage shall

2 be an additional 2 percentage points higher than the per3 centage of the previous year. Such recycling percentage

4 shall go into effect automatically and shall be published

5 in the Federal Register. If the rate exceeds 95 percent,

6 the Administrator may waive or reduce the 2 percent in7 crease which would otherwise be required.

8 ‘‘(c) CREDIT SYSTEM FOR RECYCLING SPENT LEAD9 ACID BATTERIES.—(1) Not later than 18 months after

10 the date of the enactment of the Lead Battery Recycling

11 Incentives Act, the Administrator shall promulgate regula12 tions to establish a system under which (A) a producer

13 of lead-acid batteries may create credits for any amount

14 of spent lead-acid batteries recycled that is greater than

15 the amount of such batteries required to be recycled by

16 the producer under subsection (a), and (B) producers or

17 importers of new lead-acid batteries may purchase such

18 recycling credits from such recyclers, for purposes of com19 plying with subsection (a). No person may create such

20 credits, and no producer or importer of new lead-acid bat21 teries may purchase such credits, except in accordance

22 with this subsection and the regulations promulgated

23 under this subsection. In developing the regulations, the

24 Administrator shall, to the maximum extent feasible, allow

25 for the use of records kept in the ordinary course of busi-
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1 ness or other approaches that facilitate the simple, rapid

2 generation and exchange of credits without a case-by-case

3 approval.

4 ‘‘(2) At a minimum, the regulations under paragraph

5 (1) shall include the following requirements:

6 ‘‘(A) The owner or operator of any spent lead7 acid battery recycling facility or secondary lead

8 smelter shall keep receipts issued by any transport9 ers who take delivery of the spent batteries. The re10 ceipts shall be kept for at least 3 years and shall

11 contain such information as the Administrator

12 deems appropriate. The owner or operator shall

13 show such receipts to the Administrator or to any

14 State enforcing this section upon demand.

15 ‘‘(B) Any person who transports spent lead-acid

16 batteries to a secondary lead smelter, by truck or

17 other means, shall obtain an identification number

18 from the Administrator. Such transporters shall

19 issue receipts (as described in subparagraph (A)) to

20 the owners or operators of spent lead-acid battery

21 recycling facilities or secondary lead smelters.

22 ‘‘(C) A producer of lead-acid batteries is the

23 only person who may create a recycling credit for

24 the recycling credit system.
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1 ‘‘(D) The owner or operator of a secondary lead

2 smelter shall certify to the Administrator that the

3 lead being reclaimed for purposes of being sold to

4 producers or importers of lead-acid batteries is the

5 product of spent lead-acid batteries or such other

6 materials that the administrator shall determine by

7 regulations.

8 ‘‘(E) Effective 2 years after the credit system

9 goes into effect, the owner or operator of a second10 ary lead smelter shall certify to the Administrator

11 that the smelter is in compliance with all applicable

12 environmental and safety laws, including the Clean

13 Air Act, the Federal Water Pollution Control Act,

14 the Occupational Safety and Health Act, and this

15 Act.

16 ‘‘(F) Effective 2 years after the credit system

17 goes into effect, a producer of lead-acid batteries

18 may purchase lead only from secondary lead smelt19 ers that have made the certification required under

20 subparagraph (E).

21 ‘‘(G) Any lead proposed to be reclaimed by a

22 secondary lead smelter for the purpose of being sold

23 to a producer or importer of lead-acid batteries shall

24 come from an owner or operator of spent lead-acid
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1 battery recycling facility or from a transporter with

2 an identification number.

3 ‘‘(H) The records that a secondary lead smelter

4 must keep are at least the following:

5 ‘‘(i) The delivery receipts given by trans6 porters of batteries (as described in subpara7 graph (A)). Such records shall be kept for at

8 least 3 years.

9 ‘‘(ii) A record of the amount, by weight, of

10 spent lead-acid batteries received for reclama11 tion of lead.

12 ‘‘(iii) A record of the quantities of re13 claimed lead sold or otherwise distributed in

14 commerce and the destinations of reclaimed

15 lead. Part of such record shall be a record of

16 the quantities of reclaimed lead sold to produc17 ers or importers of new lead-acid batteries for

18 the purpose of complying with subsection (a).

19 ‘‘(I) Each year a producer or importer of new

20 lead-acid batteries shall keep records of the quantity

21 of new lead-acid batteries produced or imported, the

22 amount of lead reclaimed from spent lead-acid bat23 teries to comply with subsection (a), the amount of

24 reclaimed lead purchased to comply with subsection

25 (a), the amount of recycling credits purchased (in-
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1 cluding the names of producers of lead-acid batteries

2 from whom the credits were purchased and the dates

3 of the purchases), the price paid for the credits, and

4 the amount (if any) of recycling credits sold or car5 ried over from previous years. The regulations shall

6 allow for a 2-year carryover of credits.

7 ‘‘(3) The Administrator may include such other re8 quirements in the regulations under paragraph (1) with

9 respect to methods for auditing compliance with the sys10 tem, enforcement of the system, and qualifications for sec11 ondary lead smelters, importers, and producers as the Ad12 ministrator considers necessary or appropriate for admin13 istering the recycling credit system established under this

14 subsection.

15 ‘‘(d) REPORTS.—(1) Not later than 6 years after the

16 date of the enactment of the Lead Battery Recycling In17 centives Act, the Administrator shall submit to Congress

18 an interim report on the implementation of this section.

19 The report shall include, at a minimum—

20 ‘‘(A) a discussion of the effects of the require21 ments of this section on the battery industry, the

22 spent lead-acid battery recycling industry, and on

23 the environment; and

24 ‘‘(B) an evaluation of the level of the recycling

25 percentage under subsection (b) and recommenda-
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1 tions on whether, and at what rate, the percentage

2 should be increased in future years above the per3 centage applicable under subsection (b).

4 ‘‘(2) Not later than 10 years after such date, the Ad5 ministrator shall submit to Congress a final report on the

6 implementation of this section. The report shall include

7 an updated version of the discussion and evaluation re8 quired in the interim report, as well as such other findings

9 and recommendations with respect to the implementation

10 of this section as the Administrator considers appropriate.

11 ‘‘(e) DEFINITIONS.—For purposes of this section:

12 ‘‘(1) The term ‘producer’ with respect to bat13 teries means any person who manufactures new

14 lead-acid batteries for domestic use. Such production

15 does not include the smelting of spent lead-acid bat16 teries.

17 ‘‘(2) The term ‘importer’ with respect to bat18 teries means any person who imports a new lead19 acid battery either individually or as part of an auto20 mobile or other vehicle.

21 ‘‘(3) The term ‘recycling credit’ means a legal

22 record of a recycling activity undertaken in accord23 ance with subsection (c) that represents an amount,

24 by weight, of lead recycled for purposes of complying

25 with subsection (a).
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1 ‘‘(4) The term ‘secondary lead smelter’ means

2 a facility which produces metallic lead from various

3 forms of lead scrap, including lead recovered from

4 spent lead-acid batteries, and which may also

5 produce plastic chips that are sent for reprocessing.

6 The term includes a facility whose primary activity

7 is the production of virgin metallic lead from lead

8 ore concentrate, but which also is engaged in the

9 production of metallic lead from lead scrap recovered

10 from spent lead-acid batteries.

11 ‘‘(5) The term ‘recycling facility’ or ‘spent lead12 acid battery recycling facility’ means a facility that

13 removes or recovers lead from batteries in order to

14 return such lead to a secondary lead smelter.

15 ‘‘(6) The term ‘lead-acid battery’ means any

16 battery that consists of lead and sulfuric acid, is

17 used as a power source, and has a capacity of 6

18 volts or more.

19 ‘‘(7) The term ‘generator of spent lead-acid bat20 tery’ means a business or individual who receives or

21 accumulates spent lead-acid batteries, but does not

22 include businesses which expose the contents of the

23 battery. The term includes but is not limited to the

24 following:

25 ‘‘(A) Automobile dismantlers.
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1 ‘‘(B) Scrap processors and recyclers.

2 ‘‘(C) Auto parts and battery retailers.

3 ‘‘(D) Auto parts and battery wholesalers.

4 ‘‘(E) Automobile dealerships and sales.

5 ‘‘(F) Battery distributors and other dis6 tributors.

7 ‘‘(G) Other businesses and individuals who

8 accept spent lead/acid batteries.

9 ‘‘(f) APPLICABILITY.—This section applies to any

10 person who produces or imports more than 10,000 pounds

11 of new lead-acid batteries a year.

12 ‘‘(g) REGULATIONS.—The Administrator shall pro13 mulgate regulations to implement this section not later

14 than 18 months after the date of the enactment of the

15 Lead Battery Recycling Incentives Act. If the Adminis16 trator fails to promulgate such regulations by that date,

17 the recycling percentage under subsection (b) shall be 90

18 percent beginning on the date of enactment and continu19 ing until such time as the regulations are promulgated.’’.

20 (b) TECHNICAL AMENDMENT.—The table of contents

21 for subtitle C (contained in section 1001) is further

22 amended by adding at the end the following:

‘‘Sec. 3025. Recycling requirements for spent lead-acid batteries.’’.

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