42 U.S.C. § 6966b — Use of granular mine tailings

Page 7001 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6966b cluding guidelines under section 6962 of this title) that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete projects. (2) Priority In carrying out paragraph (1) an agency head shall give priority to achieving greater use of recovered mineral component in cement or concrete projects for which recovered mineral components historically have not been used or have been used only minimally. (3) Conformance The Administrator and each agency head shall carry out this subsection in accordance with section 6962 of this title. (c) Full implementation study (1) In general The Administrator, in cooperation with the Secretary of Transportation and the Secretary of Energy, shall conduct a study to determine the extent to which current procurement re- quirements, when fully implemented in ac- cordance with subsection (b), may realize en- ergy savings and environmental benefits at- tainable with substitution of recovered min- eral component in cement used in cement or concrete projects. (2) Matters to be addressed The study shall— (A) quantify the extent to which recovered mineral components are being substituted for Portland cement, particularly as a result of current procurement requirements, and the energy savings and environmental bene- fits associated with that substitution; (B) identify all barriers in procurement re- quirements to greater realization of energy savings and environmental benefits, includ- ing barriers resulting from exceptions from current law; and (C)(i) identify potential mechanisms to achieve greater substitution of recovered mineral component in types of cement or concrete projects for which recovered min- eral components historically have not been used or have been used only minimally; (ii) evaluate the feasibility of establishing guidelines or standards for optimized substi- tution rates of recovered mineral component in those cement or concrete projects; and (iii) identify any potential environmental or economic effects that may result from greater substitution of recovered mineral component in those cement or concrete projects. (3) Report Not later than 30 months after August 10, 2005, the Administrator shall submit to Con- gress a report on the study. (d) Additional procurement requirements Unless the study conducted under subsection (c) identifies any effects or other problems de- scribed in subsection (c)(2)(C)(iii) that warrant further review or delay, the Administrator and each agency head shall, not later than 1 year after the release of the report in accordance with subsection (c)(3), take additional actions authorized under this chapter to establish pro- curement requirements and incentives that pro- vide for the use of cement and concrete with in- creased substitution of recovered mineral com- ponent in the construction and maintenance of cement or concrete projects, so as to— (1) realize more fully the energy savings and environmental benefits associated with in- creased substitution; and (2) eliminate barriers identified under sub- section (c). (e) Effect of section Nothing in this section affects the require- ments of section 6962 of this title (including the guidelines and specifications for implementing those requirements). (Pub. L. 89–272, title II, § 6005, as added Pub. L. 109–59, title VI, § 6017(a), Aug. 10, 2005, 119 Stat. 1888.) Editorial Notes CODIFICATION Another section 6005 of Pub. L. 89–272 is classified to section 6966 of this title. § 6966b. Use of granular mine tailings (a) Mine tailings (1) In general Not later than 180 days after August 10, 2005, the Administrator, in consultation with the Secretary of Transportation and heads of other Federal agencies, shall establish criteria (including an evaluation of whether to estab- lish a numerical standard for concentration of lead and other hazardous substances) for the safe and environmentally protective use of granular mine tailings from the Tar Creek, Oklahoma Mining District, known as ‘‘chat’’, for— (A) cement or concrete projects; and (B) transportation construction projects (including transportation construction projects involving the use of asphalt) that are carried out, in whole or in part, using Federal funds. (2) Requirements In establishing criteria under paragraph (1), the Administrator shall consider— (A) the current and previous uses of granu- lar mine tailings as an aggregate for as- phalt; and (B) any environmental and public health risks and benefits derived from the removal, transportation, and use in transportation projects of granular mine tailings. (3) Public participation In establishing the criteria under paragraph (1), the Administrator shall solicit and con- sider comments from the public. (4) Applicability of criteria On the establishment of the criteria under paragraph (1), any use of the granular mine tailings described in paragraph (1) in a trans- portation project that is carried out, in whole or in part, using Federal funds, shall meet the criteria established under paragraph (1). Page 7002 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6966c (b) Effect of sections Nothing in this section or section 6966a of this title affects any requirement of any law (includ- ing a regulation) in effect on August 10, 2005. (Pub. L. 89–272, title II, § 6006, as added Pub. L. 109–59, title VI, § 6018(a), Aug. 10, 2005, 119 Stat. 1890.) Editorial Notes REFERENCES IN TEXT Section 6966a of this title, referred to in subsec. (b), was in the original ‘‘section 6005’’ meaning section 6005 of Pub. L. 89–272, which was translated as meaning the section 6005 of Pub. L. 89–272 as added by section 6017(a) of Pub. L. 109–59, to reflect the probable intent of Con- gress. § 6966c. Best practices for battery recycling and labeling guidelines (a) Definitions In this section: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) Battery The term ‘‘battery’’ means a device that— (A) consists of 1 or more electrochemical cells that are electrically connected; and (B) is designed to store and deliver electric energy. (3) Recycling The term ‘‘recycling’’ means the series of ac- tivities— (A) during which recyclable materials are processed into specification-grade commod- ities, and consumed as raw-material feed- stock, in lieu of virgin materials, in the manufacturing of new products; (B) that may include collection, proc- essing, and brokering; and (C) that result in subsequent consumption by a materials manufacturer, including for the manufacturing of new products. (b) Best practices for collection of batteries to be recycled (1) In general The Administrator shall develop best prac- tices that may be implemented by State, Trib- al, and local governments with respect to the collection of batteries to be recycled in a man- ner that— (A) to the maximum extent practicable, is technically and economically feasible for State, Tribal, and local governments; (B) is environmentally sound and safe for waste management workers; and (C) optimizes the value and use of material derived from recycling of batteries. (2) Consultation The Administrator shall develop the best practices described in paragraph (1) in coordi- nation with State, Tribal, and local govern- ments and relevant nongovernmental and pri- vate sector entities. (3) Report Not later than 2 years after November 15, 2021, the Administrator shall submit to Con- gress a report describing the best practices de- veloped under paragraph (1). (4) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this subsection $10,000,000 for fiscal year 2022, to remain avail- able until September 30, 2026. (c) Voluntary labeling guidelines (1) In general There is established within the Environ- mental Protection Agency a program (referred to in this subsection as the ‘‘program’’) to pro- mote battery recycling through the develop- ment of— (A) voluntary labeling guidelines for bat- teries; and (B) other forms of communication mate- rials for battery producers and consumers about the reuse and recycling of critical ma- terials from batteries. (2) Purposes The purposes of the program are to improve battery collection and reduce battery waste, including by— (A) identifying battery collection loca- tions and increasing accessibility to those locations; (B) promoting consumer education about battery collection and recycling; and (C) reducing safety concerns relating to the improper disposal of batteries. (3) Other standards and law The Administrator shall make every reason- able effort to ensure that voluntary labeling guidelines and other forms of communication materials developed under the program are consistent with— (A) international battery labeling stand- ards; and (B) the Mercury-Containing and Recharge- able Battery Management Act (42 U.S.C. 14301 et seq.). (4) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this subsection $15,000,000 for fiscal year 2022, to remain avail- able until September 30, 2026. (Pub. L. 117–58, div. G, title IV, § 70401, Nov. 15, 2021, 135 Stat. 1261.) Editorial Notes REFERENCES IN TEXT The Mercury-Containing and Rechargeable Battery Management Act, referred to in subsec. (c)(3)(B), is Pub. L. 104–142, May 13, 1996, 110 Stat. 1329, which is classified generally to chapter 137 (§ 14301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 14301 of this title and Tables. CODIFICATION Section was enacted as part of the Infrastructure In- vestment and Jobs Act, and not as part of the Solid Waste Disposal Act which comprises this chapter.