Page:United States Statutes at Large Volume 113 Part 2.djvu/1119

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501A-601 materials due to differences in their melting points (referred to as 'sweating'). "(3) For purposes of this subsection, the term 'scrap metal' means bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap auto- = mobiles, railroad box cars), which when worn or superfluous can be recycled, except for scrap metals that the Administrator . excludes from this definition by regulation. "(e) TRANSACTIONS INVOLVING BATTIERIES.— Transactions involving spent lead-acid batteries, spent nickel-cadmium batteries, or other spent batteries shall be deemed to be arranging for recycling if the person who arranged for the transaction (by selling recyclable material or otherwise arranging for the recycling of recyclable material) can demonstrate by a preponderance of the evidence that at the time of the transaction— "(1) the person met the criteria set forth in subsection (c) with respect to the spent lead-acid batteries, spent nickelcadmium batteries, or other spent batteries, but the person did not recover the valuable components of such batteries; and "(2)(A) with respect to transactions involving lead-acid batteries, the person was in compliance with applicable Federal environmental regulations or standards, and any amendments thereto, regarding the storage, transport, management, or other activities associated with the recycling of spent lead-acid batteries; "(B) with respect to transactions involving nickel-cadmium batteries. Federal environmental regulations or standards are in effect regarding the storage, transport, management, or other activities associated with the recycling of spent nickel-cadmium batteries, and the person was in compliance with applicable regulations or standards or any amendments thereto; or "(C) with respect to transactions involiving other spent batteries. Federal environmental regulations or standards are in effect regarding the storage, transport, management, or other activities associated with the recycling of such batteries, and the person was in compliance with applicable regulations or standards or any amendments thereto. "(f) EXCLUSIONS.— "(1) The exemptions set forth in subsections (c), (d), and (e) shall not apply if— "(A) the person had an objecti^/^ely reasonable basis to believe at the time of the recycling transaction— "(i) that the recyclable msiterial would not be recycled; "(ii) that the recyclable material would be burned as fuel, or for energy recovery or incineration; or "(iii) for transactions occurring before 90 days after the date of the enactment of i;his section, that the consuming facility was not in compliance with a substantive (not procedural or administrative) provision of any Federal, State, or local environmental law or regulation, or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, or other management activities associated with the recyclable material;

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