HR-9615-119
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Sponsored by Mariannette Miller-Meeks (R-IA)
What it does
This bill would modify how federal hazardous waste regulations apply to facilities that store lithium-ion batteries before recycling them. Specifically, it would replace the current storage requirements for these "destination facilities" with a different set of rules drawn from the "large quantity handler" category of universal waste regulations. It would also update a cross-reference in the Mercury-Containing and Rechargeable Battery Management Act to point to the current Code of Federal Regulations rather than a 1995 Federal Register citation.
Who benefits
Battery recycling companies and facilities that store lithium-ion batteries before processing, as they would face a different — and potentially less burdensome — set of storage compliance requirements. Electric vehicle manufacturers, consumer electronics companies, and other industries that rely on battery recycling infrastructure may benefit indirectly if recycling capacity expands. Domestic critical mineral supply chains could benefit if more lithium and other materials are recovered. Municipalities and waste haulers that collect batteries may benefit from clearer regulatory pathways.
Who is hurt
Environmental and community groups near battery recycling facilities may be concerned that relaxed storage standards could reduce safeguards against fires, chemical leaks, or other hazards associated with lithium-ion battery storage. Workers at recycling facilities could face different safety conditions depending on how the regulatory change affects facility operations. Competing waste management businesses operating under the current rules may face an uneven playing field during any transition period.
Supporters argue
Supporters argue that the current destination facility storage rules create unnecessary regulatory friction that discourages investment in domestic battery recycling infrastructure at a time when lithium-ion battery waste is growing rapidly. They contend that applying large-quantity-handler standards — which are well-established and workable — to pre-recycling storage would streamline compliance without reducing environmental protection, helping the U.S. build the recycling capacity needed to recover critical minerals like lithium and cobalt from end-of-life batteries.
Opponents argue
Opponents argue that lithium-ion batteries present unique fire and chemical hazards during storage — including thermal runaway events that are difficult to suppress — and that weakening storage requirements for facilities holding large quantities of these batteries before recycling could increase risks to surrounding communities and workers. They contend that the regulatory change substitutes a less stringent standard without a demonstrated safety record for large-scale lithium-ion battery storage, and that the growth in battery volumes makes this a particularly poor time to reduce oversight at pre-recycling facilities.
Constitutional context
This bill modifies existing regulations under the Resource Conservation and Recovery Act (RCRA), which is grounded in Congress's Commerce Clause authority (Art. I, §8, cl. 3). The bill does not raise significant constitutional questions on its face, as it adjusts existing regulatory standards within a well-established statutory framework rather than creating new agency authority. Post-Loper Bright, any EPA rulemaking to implement or interpret these changes would face independent judicial review rather than deference.
Checks and balances
Congress modifies the regulatory standard; the EPA retains authority to implement and enforce the adjusted rules; courts may independently review EPA's interpretation of the new requirements under the post-Loper Bright standard.
Historical precedent
The Mercury-Containing and Rechargeable Battery Management Act of 1996 established the original federal framework for managing rechargeable battery waste, including early universal waste rules for batteries that this bill now updates.