graph (A)). Such records shall be kept for at
least 3 years.
‘‘(ii) A record of the amount, by weight, of
spent lead-acid batteries received for reclama-
tion of lead.
‘‘(iii) A record of the quantities of re-
claimed lead sold or otherwise distributed in
commerce and the destinations of reclaimed
lead. Part of such record shall be a record of
the quantities of reclaimed lead sold to produc-
ers or importers of new lead-acid batteries for
the purpose of complying with subsection (a).
‘‘(I) Each year a producer or importer of new
lead-acid batteries shall keep records of the quantity
of new lead-acid batteries produced or imported, the
amount of lead reclaimed from spent lead-acid bat-
teries to comply with subsection (a), the amount of
reclaimed lead purchased to comply with subsection
(a), the amount of recycling credits purchased (in-
cluding the names of producers of lead-acid batteries
from whom the credits were purchased and the dates
of the purchases), the price paid for the credits, and
the amount (if any) of recycling credits sold or car-
ried over from previous years. The regulations shall
allow for a 2-year carryover of credits.
‘‘(3) The Administrator may include such other re-
quirements in the regulations under paragraph (1) with
respect to methods for auditing compliance with the sys-
tem, enforcement of the system, and qualifications for sec-
ondary lead smelters, importers, and producers as the Ad-
ministrator considers necessary or appropriate for admin-
istering the recycling credit system established under this
subsection.
‘‘(d) REPORTS.—(1) Not later than 6 years after the
date of the enactment of the Lead Battery Recycling In-
centives Act, the Administrator shall submit to Congress
an interim report on the implementation of this section.
The report shall include, at a minimum—
‘‘(A) a discussion of the effects of the require-
ments of this section on the battery industry, the
spent lead-acid battery recycling industry, and on
the environment; and
‘‘(B) an evaluation of the level of the recycling
percentage under subsection (b) and recommenda-
tions on whether, and at what rate, the percentage
should be increased in future years above the per-
centage applicable under subsection (b).
‘‘(2) Not later than 10 years after such date, the Ad-
ministrator shall submit to Congress a final report on the
implementation of this section. The report shall include
an updated version of the discussion and evaluation re-
quired in the interim report, as well as such other findings
and recommendations with respect to the implementation
of this section as the Administrator considers appropriate.
‘‘(e) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘producer’ with respect to bat-
teries means any person who manufactures new
lead-acid batteries for domestic use. Such production
does not include the smelting of spent lead-acid bat-
teries.
‘‘(2) The term ‘importer’ with respect to bat-
teries means any person who imports a new lead-
acid battery either individually or as part of an auto-
mobile or other vehicle.
‘‘(3) The term ‘recycling credit’ means a legal
record of a recycling activity undertaken in accord-
ance with subsection (c) that represents an amount,
by weight, of lead recycled for purposes of complying
with subsection (a).
‘‘(4) The term ‘secondary lead smelter’ means
a facility which produces metallic lead from various
forms of lead scrap, including lead recovered from
spent lead-acid batteries, and which may also
produce plastic chips that are sent for reprocessing.
The term includes a facility whose primary activity
is the production of virgin metallic lead from lead
ore concentrate, but which also is engaged in the
production of metallic lead from lead scrap recovered
from spent lead-acid batteries.
‘‘(5) The term ‘recycling facility’ or ‘spent lead-
acid battery recycling facility’ means a facility that
removes or recovers lead from batteries in order to
return such lead to a secondary lead smelter.
‘‘(6) The term ‘lead-acid battery’ means any
battery that consists of lead and sulfuric acid, is
used as a power source, and has a capacity of 6
volts or more.
‘‘(7) The term ‘generator of spent lead-acid bat-
tery’ means a business or individual who receives or
accumulates spent lead-acid batteries, but does not
include businesses which expose the contents of the
battery. The term includes but is not limited to the
following:
‘‘(A) Automobile dismantlers.
‘‘(B) Scrap processors and recyclers.
‘‘(C) Auto parts and battery retailers.
‘‘(D) Auto parts and battery wholesalers.
‘‘(E) Automobile dealerships and sales.
‘‘(F) Battery distributors and other dis-
tributors.
‘‘(G) Other businesses and individuals who
accept spent lead/acid batteries.
‘‘(f) APPLICABILITY.—This section applies to any
person who produces or imports more than 10,000 pounds
of new lead-acid batteries a year.
‘‘(g) REGULATIONS.—The Administrator shall pro-
mulgate regulations to implement this section not later
than 18 months after the date of the enactment of the
Lead Battery Recycling Incentives Act. If the Adminis-
trator fails to promulgate such regulations by that date,
the recycling percentage under subsection (b) shall be 90
percent beginning on the date of enactment and continu-
ing until such time as the regulations are promulgated.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
for subtitle C (contained in section 1001) is further
amended by adding at the end the following:
‘‘Sec. 3025. Recycling requirements for spent lead-acid batteries.’’.
Æ
HR 1808 IH——2