42 U.S.C. § 6966c — Best practices for battery recycling and

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. Page 7003 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6966d § 6966d. Consumer recycling education and out- reach grant program; Federal procurement (a) Definition of Administrator In this section, the term ‘‘Administrator’’ means the Administrator of the Environmental Protection Agency. (b) Consumer recycling education and outreach grant program (1) In general The Administrator shall establish a program (referred to in this subsection as the ‘‘grant program’’) to award competitive grants to eli- gible entities to improve the effectiveness of residential and community recycling pro- grams through public education and outreach. (2) Criteria The Administrator shall award grants under the grant program for projects that, by using one or more eligible activities described in paragraph (5)— (A) inform the public about residential or community recycling programs; (B) provide information about the recycled materials that are accepted as part of a resi- dential or community recycling program that provides for the separate collection of residential solid waste from recycled mate- rial; and (C) increase collection rates and decrease contamination in residential and commu- nity recycling programs. (3) Eligible entities (A) In general An entity that is eligible to receive a grant under the grant program is— (i) a State; (ii) a unit of local government; (iii) an Indian Tribe (as defined in sec- tion 5304 of title 25); (iv) a Native Hawaiian organization (as defined in section 7517 of title 20); (v) the Department of Hawaiian Home Lands; (vi) the Office of Hawaiian Affairs; (vii) a nonprofit organization; or (viii) a public-private partnership. (B) Coordination of activities 2 or more entities described in subpara- graph (A) may receive a grant under the grant program to coordinate the provision of information to residents that may access 2 or more residential recycling programs, in- cluding programs that accept different recy- cled materials, to provide to the residents information regarding differences among those residential recycling programs. (4) Requirement (A) In general To receive a grant under the grant pro- gram, an eligible entity shall demonstrate to the Administrator that the grant funds will be used to encourage the collection of recycled materials that are sold to an exist- ing or developing market. (B) Business plans and financial data (i) In general An eligible entity may make a dem- onstration under subparagraph (A) through the submission to the Adminis- trator of appropriate business plans and fi- nancial data. (ii) Confidentiality The Administrator shall treat any busi- ness plans or financial data received under clause (i) as confidential information. (5) Eligible activities An eligible entity that receives a grant under the grant program may use the grant funds for activities including— (A) public service announcements; (B) a door-to-door education and outreach campaign; (C) social media and digital outreach; (D) an advertising campaign on recycling awareness; (E) the development and dissemination of— (i) a toolkit for a municipal and commer- cial recycling program; (ii) information on the importance of quality in the recycling stream; (iii) information on the economic and en- vironmental benefits of recycling; and (iv) information on what happens to ma- terials after the materials are placed into a residential or community recycling pro- gram; (F) businesses recycling outreach; (G) bin, cart, and other receptacle labeling and signs; and (H) such other activities that the Adminis- trator determines are appropriate to carry out the purposes of this subsection. (6) Prohibition on use of funds No funds may be awarded under the grant program for a residential recycling program that— (A) does not provide for the separate col- lection of residential solid waste (as defined in section 246.101 of title 40, Code of Federal Regulations (as in effect on November 15, 2021)) from recycled material (as defined in that section), unless the funds are used to promote a transition to a system that sepa- rately collects recycled materials; or (B) promotes the establishment of, or con- version to, a residential collection system that does not provide for the separate collec- tion of residential solid waste from recycled material (as those terms are defined under subparagraph (A)). (7) Model recycling program toolkit (A) In general In carrying out the grant program, the Ad- ministrator, in consultation with other rel- evant Federal agencies, States, Indian Tribes, units of local government, nonprofit organizations, and the private sector, shall develop a model recycling program toolkit for States, Indian Tribes, and units of local government that includes, at a minimum— (i) a standardized set of terms and exam- ples that may be used to describe mate- rials that are accepted by a residential re- cycling program; (ii) information that the Administrator determines can be widely applied across