3902 BATTERY STEWARDSHIP PLAN

3902.1 A proposed battery stewardship plan shall include:

(a) A list of producers and brands, including:

(1) The name of each BSO member and the name, mailing address, phone number, and email address of a contact for each BSO member;

(2) The brands of batteries and battery-containing products covered by the battery stewardship plan; and

(3) A description, including brand name, product name, producer name, and other identifying information, of products that will be exempt under § 3901.2 when the proposed battery stewardship plan is approved;

(b) An anticipated annual budget for the plan's implementation that:

(1) Covers the first partial calendar year, if any, of battery stewardship plan implementation and the first full calendar year of implementation following any partial year;

(2) Lists separate line items for the following categories:

(A) Battery stewardship plan administration costs;

(B) Collection costs;

(C) Transportation costs;

(D) Disposition costs, including separate line items for the cost of recycling, other processing, and end-of-life handling; and

(E) Communication costs, which shall have the same meaning as public education program costs used in § 3900.1(d) and public education and outreach program costs used in § 390 3.3(k)(1);

(3) Describes the financing method used to implement the battery stewardship plan, identifies funding for staff responsible for implementing the battery stewardship plan in the District, and

includes DOEE administration fees established by § 3907; and

1. (4) Does not include legal fees or costs related to legislative efforts;
2. (c) Economically and technically feasible performance goals that:
3. (1) Include metrics to measure, on an annual basis, the performance of the plan, taking into consideration technical feasibility and economic practicality, in achieving continuous, meaningful progress to improve the rate of battery recycling in the District;
4. (2) Cover each of the first three (3) full calendar years of battery stewardship plan implementation;
5. (3) Discuss how the BSO will address performance goals during the first partial calendar year, if any, of battery stewardship plan implementation;
6. (4) Are in the form of target collection rates, target recycling efficiencies by battery recycling process, and measurable goals for public awareness, convenience, and accessibility;
7. (5) With respect to target collection rates, are based on the estimated total weight, calculated according to § 3904, of primary and rechargeable batteries, including batteries contained in or sold with battery-containing products, that are sold in the District in the previous three (3) calendar years by the BSO members;
8. (6) With respect to goals for recycling efficiencies by battery recycling process:
   1. (A) Include a method for calculating recycling efficiency; and
   2. (B) Provide target recycling efficiencies by battery recycling process;
9. (7) With respect to goals for public awareness:
   1. (A) Increase the percentage of people in the District who know how to recycle primary and rechargeable batteries through stewardship plan collection sites; and
   2. (B) Include measures to evaluate progress in increasing public awareness in the District, such as advertising and media

impressions and social media engagement; and

1. (8) With respect to goals for convenience and accessibility, include metrics to evaluate:
2. (A) The proximity of collection sites to residents in all eight (8) District wards;
3. (B) The extent to which collection sites across the District are open to the public, including the hours and days that collection sites are open and whether there are any limitations on public entry;
4. (C) Accommodations for people with limited or no English proficiency; and
5. (D) The availability and effectiveness of any mail-back or other program proposed under § 3902.3;
6. (d) A description and explanation of the BSO's proposed battery collection program, including:
7. (1) How the BSO will provide for the collection from consumers of all primary and rechargeable batteries, including batteries contained in or sold with battery-containing products, on a free, regular, convenient, and accessible basis;
8. (2) How the BSO will meet the following requirements:
   1. (A) At least one (1) collection site per ten thousand (10,000) people in the District;
   2. (B) A reasonable geographic spread of collection sites across all eight (8) District wards that takes into account accessibility to public transit and areas where people would seek to recycle batteries;
   3. (C) Safe and legal collection, handling, and shipment of batteries by the collection sites, including ensuring that each collection site is aware of and adheres to applicable laws and regulations and safety practices for the collection, handling, and shipment of batteries; and
   4. (D) How the BSO will ensure each collection site has the

materials and equipment necessary to handle up to one hundred (100) batteries per visit and has established a regular pick-up schedule to prevent overflow issues at the site;

(3) A reasonable timetable for achieving the requirements of § 3902.1(d)(2)(A) and (B), if these requirements will not be met within the first year of implementation;

(4) A process for decommissioning collection sites, so that if a site closes, any batteries collected until the closure will be shipped to the proper facilities for recycling as specified in § 3902.1(e), on-site signage about the availability of drop-off will be removed, and the site will be removed from the public list of collection sites as specified in § 3902.5; and

(5) How the battery stewardship organization will develop strategies, in consultation with DOEE and other relevant parties, for collecting primary and rechargeable batteries in areas and communities that face environmental justice challenges associated with waste management.

(e) A description of how the BSO will arrange for components of the discarded batteries to be recycled to the maximum extent economically and technically feasible, in a manner that is environmentally sound and safe for waste management workers, including:

(1) The recycling process to be used for each type of battery chemistry that the BSO anticipates collecting;

(2) The criteria for how the BSO will evaluate the economic and technical feasibility of recycling the components of discarded batteries, and the environmental and safety records of recycling facilities that will be used to implement the plan;

(3) How the BSO applied the criteria in § 3902.1(e)(2) to select the recycling facilities;

(4) How the BSO will conduct any end-of-life handling, including management and disposal of batteries or battery components that cannot be recycled, in accordance with applicable law; and

(5) A description of the periodic sorting that will be used to provide the estimate required by § 3903.3(e)(4);

(f) A list of all key participants in the battery collection program, including:

(1) For each collection site accepting batteries under the plan:

(A) Site name;

(B) Physical address of the site;

(C) Phone number of the site; and

(D) If available, the name and email address of a contact person at the site and the website for the site or parent company;

(2) For each transporter or contractor collecting batteries from the collection sites:

(A) Company name;

(B) Name of a contact person;

(C) Physical address of the company;

(D) Email address and phone number for the contact person; and

(E) Company website, if available;

(3) For any facility that processes the collected batteries or components of the collected batteries, including recycling facilities or any end-of-life handling facilities:

(A) Company name;

(B) Physical address of the facility;

(C) Name of a contact person;

(D) Email address and phone number for the contact person;

(E) A summary of the facility's role in processing the collected batteries or components of the collected batteries;

(F) The environmental compliance summary specified in §

3902.2;

1. (G) Company website, if available; and
2. (H) A list of all solid or hazardous waste registrations or permits applicable to the facility that pertain to the processing of batteries or components of batteries at the facility's location; and(g) A description of the education and outreach the BSO will use to inform consumers about the battery collection program, including:- (1) At a minimum, how the education and outreach will notify the public:
3. (A) That there is a free collection program for primary and rechargeable batteries;
4. (B) About requirements and any guidelines for safe collection of batteries;
5. (C) About the location of the collection sites and any other collection opportunities according to § 3902.3; and
6. (D) How to access the battery collection program;
7. (2) How the BSO will:
8. (A) Identify target audiences and appropriate outreach for those audiences, including through television or radio, news media, public service announcements, mailings, emails, online listservs, social media, and District newsletters;
   1. (B) Determine the frequency of education and outreach campaigns and activities to ensure the public is continually educated; and
   2. (C) Conduct sufficient outreach to assess optimal collection site locations to enhance participation in the program;
9. (3) How the BSO will distribute educational materials to sellers of primary and rechargeable batteries and battery-containing products, government agencies and nonprofit organizations in the District,

and all collection sites describing collection opportunities under the battery stewardship plan; and

(4) Examples of the type of outreach and education materials the BSO plans to provide to the public and to the entities listed in § 3902.1(g)(3).

3902.2 The summary referenced in §§ 3902.1(f)(3)(F) and 3903.3(j)(2)(F) shall list any environmental violation or alleged environmental violation in which:

(a) The date of the violation or alleged violation was within the past three (3) years; and

(b) There is a pending administrative or judicial enforcement action or claim, a fine was paid or a settlement reached, or there is a court order requiring payment of a fine or injunctive relief.

3902.3 The BSO may include in its proposed plan a description of a mail-back option or other option to supplement the collection sites in its battery collection program to increase convenience and accessibility.

3902.4 DOEE may require that a BSO submitting a battery stewardship plan include additional information or data needed to implement the Act or this chapter.

3902.5 The BSO may add or remove a collection site from the approved battery stewardship plan at any time by updating the public list of collection sites on its website, provided that the minimum number of collection sites and geographic spread required by § 3902.1(d)(2)(A) and (B) and the approved stewardship plan are maintained.

3902.6 The BSO shall notify DOEE within thirty (30) days of any change to identified participants in the battery collection program under § 3902.1(f)(2) and (3).

SOURCE: Final Rulemaking published at 69 DCR 015526 (December 30, 2022).