I
103D CONGRESS
1ST SESSION
H. R. 1808
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 22, 1993
Mr. TORRES introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To amend the Solid Waste Disposal Act to provide manage-
ment standards and recycling requirements for spent
lead-acid batteries.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lead Battery Recy-
cling Incentives Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Consumption of lead in the United States
has declined since the early 1970s, when lead was
widely used in paints and as a gasoline additive, but
substantial amounts of lead continue to be used in
a variety of products. The most important of these
is lead-acid batteries, used primarily in motor vehi-
cles. In 1987, batteries accounted for 78 percent of
all the lead used in manufacturing in the United
States.
(2) The lead in batteries can be easily recycled,
but each year a substantial amount of lead is re-
leased to the environment when batteries are dis-
posed of in landfills and municipal incinerators. Ac-
cording to the Environmental Protection Agency,
138,000 tons of lead were discarded in batteries in
1986 (65 percent of total lead discards). Lead dis-
carded in batteries increased 64 percent between
1970 and 1986, and the Environmental Protection
Agency projects a further increase of 31 percent by
the year 2000.
(3) Since lead is an element that cannot be de-
stroyed, its continued release in any amount leads to
increased amounts of lead in the environment.
(4) An increase in environmental lead loadings
is harmful to health and the environment. Because
lead accumulates in body tissues, exposure to lead
can result in a variety of health problems. Even low
levels of exposure can lead to neurochemical
changes, altered behavior, or learning disabilities.
Higher levels of exposure can induce serious health
effects, including permanent damage to the central
nervous system. Effects on the brain and nervous
systems have been observed at blood lead levels once
considered safe.
(5) Children are especially susceptible to the
adverse consequences of lead in the environment.
Those with high blood levels are three times more
likely to have a verbal IQ score below 80. The det-
rimental impact on cognitive development will con-
tinue into early adulthood.
(6) General population exposures and blood
lead levels remain near recently identified medical
effect levels. The Environmental Protection Agency’s
Clean Air Scientific Advisory Committee has rec-
ommended that the maximum acceptable blood lead
level for children be lowered from 25 mg/dl to 10–
15 mg/dl. Approximately three to four million young
children in the Nation’s cities suffer blood lead levels
higher than 15 mg/dl.
(7) Exposures to lead are higher for popu-
lations around certain lead smelting facilities, popu-
lations in urban areas with heavily contaminated
soils, and populations living in housing with lead-
SEC. 3. SPENT LEAD-ACID BATTERY MANAGEMENT RE-
QUIREMENTS.
(a) MANAGEMENT STANDARDS FOR SPENT LEAD-
ACID BATTERIES.—(1) Subtitle C of the Solid Waste Dis-
posal Act is amended by adding at the end the following
new section:
‘‘SEC. 3024. MANAGEMENT STANDARDS FOR SPENT LEAD-
ACID BATTERIES.
‘‘(a) IN GENERAL.—(1) Not later than 18 months
after the date of the enactment of the Lead Battery Recy-
cling Incentives Act, the Administrator shall promulgate
regulations, in accordance with this section, for persons
who generate, transport, store, recycle, or dispose of spent
lead-acid batteries.
‘‘(2) Such regulations shall include the recordkeeping
requirements described in subsections (b)(4) and (c)(3),
including a standard form that such persons may use for
carrying out applicable recordkeeping requirements.
‘‘(3) In developing such regulations, the Adminis-
trator shall conduct an analysis of the economic impact
of the regulations on the recycling industry. The Adminis-
trator shall ensure that such regulations do not discourage
the recovery or recycling of spent lead-acid batteries, con-
sistent with the protection of human health and the envi-
ronment.
‘‘(b) GENERATORS.—
‘‘(1) IN
GENERAL.—The Administrator shall
promulgate regulations establishing requirements for
generators of spent lead-acid batteries as necessary
to protect human health and the environment. Such
regulations shall cover the storage and transfer of
batteries, recordkeeping, and such other matters as
the Administrator considers appropriate, including
protection against spillage and leakage of acid. In
promulgating such regulations, the Administrator
shall take into account the effect of such regulations
on environmentally acceptable types of lead-acid bat-
tery recycling and the effect of such regulations on
small quantity generators and generators which are
small businesses (as defined by the Administrator).
‘‘(2) STORAGE.—The regulations shall require
the following with respect to storage of spent lead-
acid batteries:
‘‘(A) No spent lead-acid batteries may be
stored on unprotected soil or in a manner which
allows storm water to pass over them.
‘‘(B) No spent lead-acid batteries may be
stored for more than a certain period of time,
as defined in the regulations.
‘‘(3) TRANSFER.—The regulations shall require
that a generator must transfer spent lead-acid bat-
teries to one of the following:
‘‘(A) A spent lead-acid battery disposal fa-
cility with a permit under section 3005.
‘‘(B) A secondary lead smelter.
‘‘(C) A spent lead-acid battery recycling fa-
cility which recovers lead from spent lead-acid
batteries and which has a permit under section
3005.
‘‘(D) A battery transporter with a contract
to deliver the batteries to any facility described
in subparagraph (A), (B), or (C).
‘‘(4) RECORDKEEPING.—The regulations shall
require that a generator of spent lead-acid batteries
shall keep a record, for a period of at least 3 years,
with respect to each transfer of batteries. The record
shall contain the following:
‘‘(A) The date and quantity of batteries
transferred.
‘‘(B) The destination of the batteries
transferred.
‘‘(C) A certification from either the trans-
porter of the batteries, or from the recycling fa-
cility, disposal facility, or smelter to which the
battery is being transferred, that such facility
or smelter has a permit as required under this
section or is exempt as provided under this
section.
‘‘(5) RETAILER REQUIREMENTS.—The regula-
tions shall require that a person who sells, or offers
for sale, lead-acid batteries shall accept from cus-
tomers, if offered by customers, spent lead-acid bat-
teries of the same type as the batteries sold and in
a quantity approximately equal to the number of
batteries sold. The spent lead-acid batteries shall be
accepted at the place where lead-acid batteries are
offered for sale.
‘‘(c) TRANSPORTERS.—
‘‘(1) IN
GENERAL.—The Administrator shall
promulgate regulations establishing requirements for
transporters of spent lead-acid batteries as necessary
to protect human health and the environment. Such
regulations shall cover recordkeeping and such other
matters as the Administrator considers appropriate,
including protection against spillage and leakage of
acid.
‘‘(2) IDENTIFICATION
NUMBER.—The regula-
tions shall require that each transporter acquire an
identification number from the Environmental Pro-
tection Agency or from a State enforcing this
section.
‘‘(3) RECORDKEEPING.—The regulations shall
require that a transporter of spent lead-acid bat-
teries shall keep a record, for a period of not less
than 3 years, with respect to each shipment of spent
lead-acid batteries, containing the following:
‘‘(A) The date of receipt, origin, and quan-
tity of spent lead-acid batteries transported.
‘‘(B) The destination of the batteries
transported.
‘‘(C) A certification from the disposal facil-
ity or smelter to which the batteries are being
transported that such facility or smelter has a
permit as required under this section or is
exempt as provided under this section.
‘‘(D) A certification from the disposal fa-
cility or smelter to which the batteries are being
transported that the facility or smelter actually
received the quantity of batteries described in
subparagraph (A).
‘‘(d) RECYCLERS.—
‘‘(1) IN
GENERAL.—The Administrator shall
promulgate regulations establishing requirements for
recyclers of spent lead-acid batteries as necessary to
protect human health and the environment. Such
regulations shall cover the matters described in this
subsection and such other matters as the Adminis-
trator considers appropriate, including protection
against spillage and leakage of acid. For purposes of
administration and enforcement, the Administrator
shall integrate the requirements of the regulations
with, and shall avoid duplication with, provisions of
any other laws that contain similar requirements.
‘‘(2) MINIMUM
REQUIREMENTS.—The regula-
tions shall include requirements respecting the fol-
lowing:
‘‘(A) Maintaining records of all spent lead-
acid batteries governed under provisions of this
section and the manner in which such batteries
were managed under this section. Such records
at a minimum shall include, with respect to
each shipment of spent lead-acid batteries, the
date of receipt and quantity of batteries re-
ceived, the name and address of the generator
and transporter of such batteries, and the cer-
tification described in subparagraph (C) of sub-
section (c)(3).
‘‘(B) Reporting, monitoring, and inspec-
tion.
‘‘(C) Recycling of all batteries received by
the recycling facility in accordance with the re-
quirements established by the Administrator.
‘‘(D) The control of air emissions from
secondary lead smelters as may be necessary.
‘‘(E) Control of spillage and leakage of
acid from spent lead-acid batteries, including
control of run-on and run-off of stormwater
from battery storage areas.
‘‘(F) Management practices for recycling
battery cases from spent lead-acid batteries.
‘‘(G) Contingency plans for effective action
to minimize and remediate potential environ-
mental damage caused by a mishap at any recy-
cling facility.
‘‘(H) Management of slag or any other sec-
ondary materials resulting from the secondary
lead smelting process as may be necessary.
‘‘(I) Compliance with such requirements
for corrective action and financial responsibility
as may be necessary or desirable.
‘‘(e) RETENTION OF STATE AUTHORITY.—Nothing
in this section shall prohibit any State or political subdivi-
sion thereof from imposing any requirement regarding
spent lead-acid batteries which is more stringent than any
requirement established by this section.
‘‘(f) SPENT LEAD-ACID BATTERY RECYCLING EDU-
CATION.—(1) The Administrator shall implement edu-
cation activities and programs to inform the public and
small businesses about the environmental and safety haz-
ards associated with improper handling and disposal of
spent lead-acid batteries, including the benefits derived
from legitimate battery recycling. In carrying out his re-
sponsibilities under this subsection, the Administrator
shall consult and assist the heads of Federal departments
and agencies, appropriate State and local government
agencies, educational institutions, trade associations, and
other representatives of private sector organizations.
‘‘(2) There is authorized to be appropriated to the
Administrator not more than $150,000 for fiscal year
1994, and not more than $175,000 for each of fiscal years
1995 and 1996 to carry out the purposes and require-
ments of this subsection.
‘‘(g) APPLICABILITY.—This section applies to bat-
teries which are transported to or managed by either a
spent lead-acid battery recycling facility, a secondary lead
smelter, or any facility that prepares batteries for recy-
cling.
‘‘(h) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘generator’ means a commercial
entity that collects, stores, accumulates, or otherwise
generates spent lead-acid batteries. The term does
not include an individual who removes a battery
from an automobile or light-duty truck owned or op-
erated by such individual and used only for personal
purposes.
‘‘(2) The terms ‘lead-acid battery’, ‘secondary
lead smelter’, and ‘spent lead-acid battery recycling
facility’ have the meanings given those terms by sec-
tion 3025(e).’’.
(2) The table of contents for subtitle C (contained
in section 1001) is amended by adding at the end the
following:
‘‘Sec. 3024. Management standards for spent lead-acid batteries.’’.
SEC. 4. SPENT LEAD-ACID BATTERY RECYCLING REQUIRE-
MENTS.
(a) IN GENERAL.—Subtitle C of the Solid Waste Dis-
posal Act is further amended by inserting after section
3024 the following new section:
‘‘SEC. 3025. RECYCLING REQUIREMENTS FOR SPENT LEAD-
ACID BATTERIES.
‘‘(a) GENERAL REQUIREMENT.—(1) During the pe-
riod beginning not later than 24 months after the date
of the enactment of the Lead Battery Recycling Incentives
Act and ending 10 years after such date, a producer or
importer of lead-acid batteries each year shall recycle,
using a method described in paragraph (2), an amount,
by weight, of spent lead generated from lead-acid batteries
equal to at least that amount of lead determined by—
‘‘(A) multiplying the amount, by weight, of lead
in lead-acid batteries produced for domestic use or
consumption or imported that year by such person,
by
‘‘(B) the recycling percentage established by the
Administrator under subsection (b).
‘‘(2) A producer or importer of lead-acid batteries
may comply with this subsection—
‘‘(A) by reclaiming lead from spent lead-acid
batteries and using such lead in the production of
new lead-acid batteries (in compliance with the recy-
cling requirements of section 3021 and regulations
promulgated pursuant to such section);
‘‘(B) by purchasing from secondary lead smelt-
ers lead reclaimed from spent lead-acid batteries for
purposes of producing new lead-acid batteries or
manufacturing lead shielding by introducing such re-
claimed lead into new batteries or shielding; or
‘‘(C) by purchasing recycling credits from an-
other producer of lead-acid batteries under the recy-
cling credit system established pursuant to sub-
section (c).
‘‘(3) A producer or importer of new lead-acid bat-
teries shall submit to the Administrator, under regulations
promulgated by the Administrator, a report on the
amount, by weight, of virgin and secondary lead used in
new lead-acid batteries produced or imported in each cal-
endar year by such person. The report shall be submitted
at least once a year, but the Administrator also may re-
quire such interim reports under this paragraph as he con-
siders necessary. The Administrator shall promulgate a
methodology for determining the amount of lead for pur-
poses of complying with this subsection. Such methodology
may take into account the growth rate of production of
lead-acid batteries and the normal life span of such
batteries.
‘‘(b) RECYCLING PERCENTAGE.—The Administrator
each year shall establish a recycling percentage for use
under subsection (a). The percentage applicable during
the first year that the requirement established by sub-
section (a) is in effect shall be a 80 percent. For each
of the 10 years thereafter, the recycling percentage shall
be an additional 2 percentage points higher than the per-
centage of the previous year. Such recycling percentage
shall go into effect automatically and shall be published
in the Federal Register. If the rate exceeds 95 percent,
the Administrator may waive or reduce the 2 percent in-
crease which would otherwise be required.
‘‘(c) CREDIT SYSTEM FOR RECYCLING SPENT LEAD-
ACID BATTERIES.—(1) Not later than 18 months after
the date of the enactment of the Lead Battery Recycling
Incentives Act, the Administrator shall promulgate regula-
tions to establish a system under which (A) a producer
of lead-acid batteries may create credits for any amount
of spent lead-acid batteries recycled that is greater than
the amount of such batteries required to be recycled by
the producer under subsection (a), and (B) producers or
importers of new lead-acid batteries may purchase such
recycling credits from such recyclers, for purposes of com-
plying with subsection (a). No person may create such
credits, and no producer or importer of new lead-acid bat-
teries may purchase such credits, except in accordance
with this subsection and the regulations promulgated
under this subsection. In developing the regulations, the
Administrator shall, to the maximum extent feasible, allow
for the use of records kept in the ordinary course of busi-
ness or other approaches that facilitate the simple, rapid
generation and exchange of credits without a case-by-case
approval.
‘‘(2) At a minimum, the regulations under paragraph
(1) shall include the following requirements:
‘‘(A) The owner or operator of any spent lead-
acid battery recycling facility or secondary lead
smelter shall keep receipts issued by any transport-
ers who take delivery of the spent batteries. The re-
ceipts shall be kept for at least 3 years and shall
contain such information as the Administrator
deems appropriate. The owner or operator shall
show such receipts to the Administrator or to any
State enforcing this section upon demand.
‘‘(B) Any person who transports spent lead-acid
batteries to a secondary lead smelter, by truck or
other means, shall obtain an identification number
from the Administrator. Such transporters shall
issue receipts (as described in subparagraph (A)) to
the owners or operators of spent lead-acid battery
recycling facilities or secondary lead smelters.
‘‘(C) A producer of lead-acid batteries is the
only person who may create a recycling credit for
the recycling credit system.
‘‘(D) The owner or operator of a secondary lead
smelter shall certify to the Administrator that the
lead being reclaimed for purposes of being sold to
producers or importers of lead-acid batteries is the