Summary: H.R.5359 — 101st Congress (1989-1990)All Information (Except Text)

There is one summary for H.R.5359. Bill summaries are authored by CRS.

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Introduced in House (07/24/1990)

Lead Battery Recycling Incentives Act - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for persons who generate, transport, store, recycle, or dispose of spent lead-acid batteries. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of the regulations on the recycling industry.

Sets forth required elements of such regulations, including specific requirements for: (1) the storage and transfer of batteries by generators; (2) recordkeeping by battery generators, transporters, and recyclers; and (3) management practices of recyclers. Directs battery retailers to accept from customers used lead-acid batteries of the same type and quantity of the batteries sold. Requires transporters to acquire an identification number from the EPA or the State enforcing this Act. Directs the Administrator to implement education activities to inform the public about the environmental and safety hazards associated with improper handling and disposal of spent lead-acid batteries. Authorizes appropriations. Applies such requirements to batteries which are transported to or managed by a lead-acid battery recycling facility, a secondary lead smelter, or any facility that prepares batteries for recycling by means of exposing lead to the atmosphere.

Requires producers or importers of lead-acid batteries to recycle, for the ten-year period beginning 24 months after this Act's enactment, an amount of spent lead equal to at least the amount determined by multiplying the amount of lead in the batteries produced or imported by such persons by the recycling percentage established by the Administrator. Authorizes compliance with such requirement by: (1) reclaiming lead from such batteries and using it in the production of new batteries; (2) purchasing reclaimed lead from secondary lead smelters for purposes of producing new batteries or shielding; or (3) purchasing recycling credits. Directs producers or importers to report annually to the Administrator on the amount of virgin and secondary lead used in new lead-acid batteries produced or imported by such persons.

Requires the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for spent lead in used lead-acid batteries. Increases such percentage by two points annually. Authorizes the Administrator to reduce or waive the two percent increase if the rate exceeds 95 percent.

Directs the Administrator to promulgate regulations to allow: (1) producers or importers of lead-acid batteries to create credits for recycling an amount of batteries greater than required; and (2) producers or importers of new batteries to purchase such credits for purposes of complying with this Act. Sets forth minimum requirements for the credit system.

Applies battery recycling requirements to persons who produce or import more than 10,000 pounds of new lead-acid batteries annually. Sets the recycling percentage at 90 percent if the Administrator fails to promulgate recycling regulations.