H.R.5359 - Lead Battery Recycling Incentives Act101st Congress (1989-1990)
|Sponsor:||Rep. Torres, Estaban Edward [D-CA-34] (Introduced 07/24/1990)|
|Committees:||House - Energy and Commerce|
|Latest Action:||House - 08/31/1990 Referred to the Subcommittee on Transportation and Hazardous Materials. (All Actions)|
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Text: H.R.5359 — 101st Congress (1989-1990)All Information (Except Text)
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Introduced in House
HR 5359 IH 101st CONGRESS 2d Session H. R. 5359 To amend the Solid Waste Disposal Act to provide management standards and recycling requirements for spent lead-acid batteries. IN THE HOUSE OF REPRESENTATIVES July 24, 1990 Mr. TORRES (for himself, Mr. HOCHBRUECKNER, Mr. ANDERSON, Mr. BATES, Mr. BEILENSON, Mr. BERMAN, Mr. BONIOR, Mr. BROWN of California, Mr. BRYANT, Mr. CONDIT, Mr. COYNE, Mr. DE LA GARZA, Mr. DYMALLY, Mr. EDWARDS of California, Mr. FAUNTROY, Mr. FAZIO, Mr. GAYDOS, Mr. HAWKINS, Mr. HAYES of Illinois, Mr. HORTON, Ms. KAPTUR, Mr. LEWIS of Georgia, Mr. MARKEY, Mr. MILLER of California, Mr. NAGLE, Mr. OWENS of Utah, Mr. PALLONE, Ms. PELOSI, Mr. RANGEL, Mr. RICHARDSON, Mr. ROYBAL, Ms. SCHNEIDER, Mrs. SCHROEDER, Mr. SIKORSKI, Mr. TOWNS, Mr. WALSH, and Mr. WOLPE) 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 management standards and recycling requirements for spent lead-acid batteries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Lead Battery Recycling 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 vehicles. 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 released to the environment when batteries are disposed of in landfills and municipal incinerators. According to the Environmental Protection Agency, 138,000 tons of lead were discarded in batteries in 1986 (65 percent of total lead discards). Lead discarded 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 destroyed, 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 detrimental impact on cognitive development will continue 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 recommended 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 populations around certain lead smelting facilities, populations in urban areas with heavily contaminated soils, and populations living in housing with lead-based paint or water delivery systems that contain lead. Chronic low-level exposure can be most damaging to these populations. (8) Federal, State, and local programs to reduce emissions of lead have made significant progress but have not eliminated human and environmental exposure to lead. Air emissions from sources other than transportation have in fact remained relatively steady since 1983. (9) Solid waste contributed 32 percent of the 8,100 metric tons of lead emitted in the United States in 1987, largely because of incineration of batteries in municipal solid waste. (10) Only about 10 percent of municipal solid waste (MSW) was incinerated in 1987, but the percentage is growing rapidly. The Environmental Protection Agency projects that if facilities that are now under construction are completed, by the year 1992, 28 percent of MSW will be burned. The dramatic increase in incineration will greatly contribute to the amount of lead emitted. It will also increase lead disposed of in incinerator ash, which, when landfilled, may leach into groundwater. SEC. 3. SPENT LEAD-ACID BATTERY MANAGEMENT REQUIREMENTS. (a) MANAGEMENT STANDARDS FOR SPENT LEAD-ACID BATTERIES- (1) Subtitle C of the Solid Waste Disposal Act is amended by adding at the end the following new section: `SEC. 3021. MANAGEMENT STANDARDS FOR SPENT LEAD-ACID BATTERIES. `(a) IN GENERAL- (1) Not later than 24 months after the date of the enactment of the Lead Battery Recycling 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 Administrator shall conduct an analysis of the economic impact of the regulations on the recycling industry. The Administrator shall ensure that such regulations do not discourage the recovery or recycling of spent lead-acid batteries, consistent with the protection of human health and the environment. `(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 battery 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 batteries to one of the following: `(A) A spent lead-acid battery disposal facility with a permit under section 3005. `(B) A secondary lead smelter. `(C) A spent lead-acid battery recycling facility 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 transporter of the batteries, or from the recycling facility, 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 regulations shall require that a person who sells, or offers for sale, lead-acid batteries shall accept from customers, if offered by customers, used lead-acid batteries of the same type as the batteries sold and in a quantity approximately equal to the number of batteries sold. The used 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 regulations shall require that each transporter acquire an identification number from the Environmental Protection Agency or from a State enforcing this section. `(3) RECORDKEEPING- The regulations shall require that a transporter of spent lead-acid batteries 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 quantity of spent lead-acid batteries transported. `(B) The destination of the batteries transported. `(C) A certification from the disposal facility 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 facility 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 Administrator considers appropriate, including protection against spillage and leakage of acid. `(2) MINIMUM REQUIREMENTS- The regulations shall include requirements respecting the following: `(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 received, the name and address of the generator and transporter of such batteries, and the certification described in subparagraph (C) of subsection (c)(3). `(B) Reporting, monitoring, and inspection. `(C) Recycling of all batteries received by the recycling facility in accordance with the requirements 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. `(F) Management practices for recycling battery cases from spent lead-acid batteries. `(G) Contingency plans for effective action to minimize potential environmental damage caused by a mishap at any recycling facility. `(H) Management of slag or any other secondary 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 subdivision 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 EDUCATION- (1) The Administrator shall implement education activities and programs to inform the public and small businesses about the environmental and safety hazards associated with improper handling and disposal of spent lead-acid batteries, including the benefits derived from legitimate battery recycling. In carrying out his responsibilities 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 1990, and not more than $175,000 for each of fiscal years 1991 and 1992 to carry out the purposes and requirements of this subsection. `(g) APPLICABILITY- (1) This section applies to batteries 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 recycling by means of exposing the lead to the atmosphere. `(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. `(2) The terms `lead-acid battery', `secondary lead smelter', and `spent lead-acid battery recycling facility' have the meanings given those terms by section 3022(e).'. (2) The table of contents for subtitle C (contained in section 1001) is amended by adding at the end the following: `Sec. 3021. Management standards for spent lead-acid batteries.'. SEC. 4. SPENT LEAD-ACID BATTERY RECYCLING REQUIREMENTS. (a) IN GENERAL- (1) Subtitle C of the Solid Waste Disposal Act is further amended by inserting after section 3021 the following new section: `SEC. 3022. RECYCLING REQUIREMENTS FOR SPENT LEAD-ACID BATTERIES. `(a) GENERAL REQUIREMENT- (1) During the period 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 recycling requirements of section 3021 and regulations promulgated pursuant to such section); `(B) by purchasing from secondary lead smelters lead reclaimed from spent lead-acid batteries for purposes of producing new lead-acid batteries or manufacturing lead shielding by introducing such reclaimed lead into new batteries or shielding; or `(C) by purchasing recycling credits from another producer or importer of lead-acid batteries under the recycling credit system established pursuant to subsection (c). `(3) A producer or importer of new lead-acid batteries 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 calendar year by such person. The report shall be submitted at least once a year, but the Administrator also may require such interim reports under this paragraph as he considers necessary. The Administrator shall promulgate a methodology for determining the amount of lead for purposes of complying with this subsection. `(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 subsection (a) is in effect shall be a percentage that is 2 percentage points higher than the recycling rate for spent lead used in lead-acid batteries that exists on the date of the enactment of this section. Such recycling rate shall be determined by using data for 1990 or the most recent year for which data are available. For each of the 10 years thereafter, the recycling percentage shall be an additional 2 percentage points higher than the percentage 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 increase which would otherwise be required. `(c) CREDIT SYSTEM FOR RECYCLING SPENT LEAD-ACID BATTERIES- (1) Not later than 24 months after the date of the enactment of the Lead Battery Recycling Incentives Act, the Administrator shall promulgate regulations to establish a system under which (A) a producer or importer 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 or importer under subsection (a), and (B) producers or importers of new lead-acid batteries may purchase such recycling credits from such recyclers, for purposes of complying with subsection (a). No person may create such credits, and no producer or importer of new lead-acid batteries 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 business 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 transporters who take delivery of the spent batteries. The receipts 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 or importer 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 product of spent lead-acid batteries or such other materials that the administrator shall determine by regulations. `(E) Effective 3 years after the credit system goes into effect, the owner or operator of a secondary lead smelter shall certify to the Administrator that the smelter is in compliance with all applicable environmental and safety laws, including the Clean Air Act, the Clean Water Act, the Occupational Safety and Health Act, and this Act. `(F) Any lead proposed to be reclaimed by a secondary lead smelter for the purpose of being sold to a producer or importer of lead-acid batteries shall come from an owner or operator of spent lead-acid battery recycling facility or from a transporter with an identification number. `(G) The records that a secondary lead smelter must keep are at least the following: `(i) The delivery receipts given by transporters of batteries (as described in subparagraph (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 reclamation of lead. `(iii) A record of the quantities of reclaimed 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 producers or importers of new lead-acid batteries for the purpose of complying with subsection (a). `(H) 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 batteries to comply with subsection (a), the amount of reclaimed lead purchased to comply with subsection (a), the amount of recycling credits purchased (including the names of producers or importers 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 carried over from previous years. The regulations shall allow for a 2-year carryover of credits. `(3) The Administrator may include such other requirements in the regulations under paragraph (1) with respect to methods for auditing compliance with the system, enforcement of the system, and qualifications for secondary lead smelters, importers, and producers as the Administrator considers necessary or appropriate for administering 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 Incentives 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 requirements 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 recommendations on whether, and at what rate, the percentage should be increased in future years. `(2) Not later than 10 years after such date, the Administrator 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 required 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 batteries means any person who manufactures new lead-acid batteries for domestic use. Such production does not include the smelting of spent lead-acid batteries. `(2) The term `importer' with respect to batteries means any person who imports a new lead-acid battery either individually or as part of an automobile or other vehicle. `(3) The term `recycling credit' means a legal record of a recycling activity undertaken in accordance 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 used lead-acid batteries. Such a facility also may produce plastic chips that are sent for reprocessing. `(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 battery' 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 shall include but not be limited to-- `(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 distributors. `(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 promulgate 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 Administrator 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 continuing until such time as the regulations are promulgated.'. (2) The table of contents for subtitle C (contained in section 1001) is further amended by adding at the end the following: `Sec. 3022. Recycling requirements for spent lead-acid batteries.'.