A substantive expansion of the bill's regulatory framework. v2 introduces a new mandate for the Environmental Protection Agency to issue a comprehensive rule for lithium-ion battery management as universal waste within 18 months. The existing statutory requirements for destination facilities are now explicitly designated as interim until this new rule is promulgated, and two new definitions were added.
BRACE Act
- Sponsor
- Rep. Miller-Meeks, Mariannette [R-IA-1]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Sep 16, 2026
Bottom line
The bill aims to streamline and enhance the safe recycling and recovery of lithium-ion batteries by updating regulatory frameworks and mandating a specific EPA rulemaking for their management as universal waste.
What it actually does
This bill establishes interim requirements for destination facilities that store lithium-ion batteries prior to recycling, mandating compliance with specific existing EPA regulations for large quantity handlers of universal waste. It also requires the Environmental Protection Agency (EPA) Administrator to issue a new rule within 18 months to specifically manage lithium-ion batteries as universal waste, considering tailored requirements, safety, and critical mineral recovery. Additionally, the bill updates an outdated reference in the Mercury-Containing and Rechargeable Battery Management Act to current EPA regulations.
Proponents argue
Supporters argue this bill is crucial for addressing the growing challenge of lithium-ion battery waste, promoting critical mineral recovery, and enhancing environmental protection and safety during recycling. They contend that standardizing management practices will boost the domestic recycling industry, reduce reliance on foreign sources for essential materials, and prevent potential hazards associated with improper disposal.
Opponents contend
Critics might argue that mandating specific rulemaking could lead to overly burdensome regulations for recyclers or that the interim requirements might not be sufficiently tailored, potentially hindering innovation or increasing costs for facilities without clear benefits. Some might also suggest that existing regulatory frameworks are adequate or that a more market-driven approach would be preferable.
The bill is very concise, allowing for a quick read and easy understanding of its core provisions, making it accessible for stakeholders to evaluate.
Section 2(b)
Interim Management Standards for Lithium-ion Batteries at Destination Facilities
Until the EPA issues a new, specific rule, facilities that store lithium-ion batteries before recycling them must follow certain existing EPA rules. These rules are typically applied to "large quantity handlers of universal waste" and cover aspects like proper storage, employee training, and emergency preparedness, ensuring a baseline level of safety and environmental protection for these facilities.
Supporters argue
Supporters argue these interim rules provide immediate, necessary safety and environmental protections for handling potentially hazardous lithium-ion batteries, bridging the gap until a permanent, tailored rule is established. This prevents unregulated storage and promotes responsible recycling practices.
Critics contend
Some critics might argue that applying "large quantity handler" rules to destination facilities, even temporarily, could be overly prescriptive or burdensome for some operations, potentially increasing costs without fully accounting for the specific risks or benefits unique to lithium-ion battery recycling.
Tradeoffs
This provision balances the immediate need for regulatory oversight and safety with the eventual goal of a more tailored, specific rule. The tension lies in ensuring the interim rules are effective without being unduly restrictive.
Section 2(c)
EPA Mandate for Tailored Lithium-ion Battery Universal Waste Rule
The bill requires the EPA Administrator to issue a new rule within 18 months to specifically manage lithium-ion batteries as "universal waste." This rule must consider tailored requirements, incorporate elements from the interim rules, and address additional safety needs, aiming to support recycling and critical mineral recovery while protecting health and the environment.
Section 3
Modernization of Battery Management Act Reference
This section updates an outdated reference in the Mercury-Containing and Rechargeable Battery Management Act (from a 1995 Federal Register notice) to refer to the current and any future successor regulations in Part 273 of Title 40, Code of Federal Regulations. This ensures the older act remains relevant and refers to the most current EPA universal waste regulations.
The bill defines "battery," "destination facility," and "large quantity handler of universal waste" by referencing section 273.9 of title 40, Code of Federal Regulations. Furthermore, the interim requirements in Section 2(b) directly apply specific sections (273.33(a)(1), 273.35, 273.36, 273.37, and 273.60(b)) of title 40, Code of Federal Regulations.
Section 2(a) (Definitions) and Section 2(b) (Interim Requirements)
Why it matters:This is standard legislative practice to avoid reprinting lengthy regulatory text and to ensure consistency with existing administrative law. It is not evasive but requires specialized knowledge to fully understand the implications.
Case for: Referencing existing regulations makes the bill concise and ensures immediate alignment with established environmental management practices, leveraging existing compliance infrastructure and avoiding redundancy.
Case against: For a general audience, this reliance on external, technical regulations makes the bill less accessible and requires additional research to fully comprehend its immediate and specific implications for affected entities.
Estimated impact: This approach ensures that the interim management of lithium-ion batteries immediately falls under a well-defined, albeit general, set of hazardous waste management standards, impacting all relevant destination facilities nationwide.