Section 1. Short title
This Act may be cited as the Battery Recycling for America’s Competitive Economy Act or the BRACE Act.
(a) Definitions
In this Act:
(1) Destination facility
The term destination facility has the meaning given such term in section 273.9 of title 40, Code of Federal Regulations (or any successor regulations).
(2) Large quantity handler of universal waste
The term large quantity handler of universal waste has the meaning given such term in section 273.9 of title 40, Code of Federal Regulations (or any successor regulations).
(3) Lithium-ion battery
The term lithium-ion battery means a battery that uses the movement of lithium ions between two electrodes to store and release energy.
(b) Universal waste regulations for lithium-Ion batteries
In lieu of the requirements described in section 273.60(a) of title 40, Code of Federal Regulations (or any successor regulations), a destination facility that stores lithium-ion batteries prior to recycling such lithium-ion batteries shall comply with—
(1) the requirements described in sections 273.33(a)(1), 273.35, 273.36, and 272.37 of title 40, Code of Federal Regulations (or any successor regulations), which would apply if the destination facility were a large quantity handler of universal waste; and
(2) the requirements described in section 273.60(b) of title 40, Code of Federal Regulations (or any successor regulations), which would apply if the destination facility did not store the lithium-ion batteries prior to recycling such lithium-ion batteries.
Section 3. Technical updates to the Mercury-Containing and Rechargeable Battery Management Act
Section 104(a) of the Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C. 14323(a)) is amended by striking 60 Fed. Reg. 25492 (May 11, 1995), as effective on May 11, 1995, and inserting part 273 of title 40, Code of Federal Regulations (or any successor regulations).