[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1949 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1949

 Entitled the ``Mercury-Containing and Rechargeable Battery Management 
                                 Act''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             March 17 (legislative day, February 22), 1994

  Mr. Lautenberg (for himself, Mr. Faircloth, Mr. Lieberman, and Mr. 
Reid) introduced the following bill; which was read twice and referred 
            to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 Entitled the ``Mercury-Containing and Rechargeable Battery Management 
                                 Act''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mercury-Containing and Rechargeable 
Battery Management Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds the following:
            (1) On the basis of available scientific and medical 
        evidence, exposure to toxic metals including mercury, cadmium 
        and lead, is of concern to human health and the environment.
            (2) The presence of toxic metals in certain used batteries 
        is of concern, in light of the substantial quantity of used 
        batteries discarded annually in the solid waste stream, and the 
        potential environmental and health consequences associated with 
        land disposal, composting or incineration.
            (3) It is in the public interest to reduce the quantity of 
        toxic metals entering solid waste landfills, incinerators and 
        composting facilities by phasing-out the use of mercury in 
        batteries and by providing for the efficient and cost effective 
        collection and recycling or proper disposal of used nickel 
        cadmium, small sealed lead-acid regulated batteries and any 
        other regulated battery, and to educate the public concerning 
        the collection, recycling and proper disposal of such 
        batteries.
            (4) Uniform national labeling requirements for regulated 
        batteries, rechargeable consumer products and product packaging 
        will significantly benefit programs for regulated battery 
        collection and recycling or proper disposal, and thus will 
        benefit human health and the environment.
            (5) It is in the public interest to encourage recycling by 
        persons who participate in collection, storage, transportation, 
        and recycling of used nickel-cadmium, small sealed lead-acid or 
        any other regulated batteries, and such batteries used in 
        consumer products.
            (6) It is in the public interest and will create economic 
        efficiencies to allow persons who participate in projects or 
        programs to collect and properly manage used batteries or 
        battery-powered products to enter into agreements with other 
        participating persons to include the costs of operating such 
        programs in the price of such batteries and battery powered 
        products.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (2) The term ``battery pack'' means any combination of 
        rechargeable batteries containing one or more regulated 
        batteries that commonly has wire leads, terminals and 
        dielectric housing.
            (3) The term ``easily removable'' means the battery or 
        battery pack is either detachable or removable from a consumer 
        product by a consumer with the use of common household tools at 
        the end of the life of the product.
            (4) The term ``rechargeable battery'' means any type of 
        enclosed device or sealed container consisting of one or more 
        voltaic or galvanic cells, electrically connected to produce 
        electric energy, that is designed to be recharged for repeated 
        uses. Such term shall not include--
                    (A) any lead-acid battery used to start an internal 
                combustion engine or as the principal electrical power 
                source for vehicles, including but not limited to 
                automobiles, trucks, construction equipment, 
                motorcycles, garden tractors, golfcarts, wheelchairs 
                and boats;
                    (B) any lead-acid battery used for load leveling or 
                for storage of electricity generated by alternative 
                energy sources, such as (but not limited to) solar 
                cells or wind driven generators;
                    (C) any battery used as a backup power source for 
                memory or program instruction storage, timekeeping, or 
                any similar purpose that requires uninterrupted 
                electrical power in order to function if the primary 
                energy supply fails or fluctuates momentarily; and
                    (D) rechargeable alkaline batteries.
            (5) The term ``rechargeable consumer product'' means any 
        product that when sold at retail includes a regulated battery 
        as a primary energy supply, and that is primarily intended for 
        personal or household use. Such term shall not include any 
        product that only uses a battery solely as a backup power 
        source for memory or program instruction storage, timekeeping, 
        or any similar purpose that requires uninterrupted electrical 
        power in order to function if the primary energy supply fails 
        or fluctuates momentarily.
            (6) The term ``regulated battery'' means any rechargeable 
        battery that contains a cadmium or a lead electrode or any 
        combination thereof, and such other electrode chemistries as 
        determined by the Administrator pursuant to Section 103(e).
            (7) The term ``remanufactured product'' means a 
        rechargeable consumer product that has been altered by the 
        replacement of parts, repackaged, or repaired after initial 
        sale by the original manufacturer.
            (8) The term ``mercuric-oxide battery'' means a battery 
        that uses a mercuric-oxide electrode.
            (9) The term ``button cell'' means any button-shaped or 
        coin shaped battery.

SEC. 4. INFORMATION DISSEMINATION.

    The Administrator shall, in consultation with representatives of 
rechargeable battery manufacturers, rechargeable consumer product 
manufacturers and retailers, establish a program to provide information 
to the public concerning the proper handling and disposal of used 
regulated batteries and rechargeable consumer products with 
nonremovable batteries.

SEC. 5. ENFORCEMENT.

    For the purposes of this Act:
            (1) Whenever on the basis of any information the 
        Administrator determines that any person has violated or is in 
        violation of any requirement of this Act, the Administrator may 
        issue an order assessing a civil penalty for any past or 
        current violation, requiring compliance immediately or within a 
        reasonable specified time period, or both, or the Administrator 
        may commence a civil action in the United States district court 
        in the district in which the violation occurred for appropriate 
        relief, including a temporary or permanent injunction.
            (2) Any order issued pursuant to this subsection shall 
        state with reasonable specificity the nature of the violation. 
        Any penalty assessed in the order shall not exceed $10,000 for 
        each such violation. In assessing such a penalty, the 
        Administrator shall take into account the seriousness of the 
        violation and any good faith efforts to comply with applicable 
        requirements.
            (3) Any order issued under this section shall become final 
        unless, no later than thirty days after the order is served, 
        the person or persons named therein request a public hearing. 
        Upon such request the Administrator shall promptly conduct a 
        public hearing. In connection with any proceeding under this 
        section the Administrator may issue subpoenas for the 
        attendance and testimony of witnesses and the production of 
        relevant papers, books and documents.
            (4) If a violator fails to take corrective action within 
        the time specified in a compliance order, the Administrator may 
        assess a civil penalty of not more that $10,000 for the 
        continued noncompliance with the order.

SEC. 6. INFORMATION GATHERING AND ACCESS.

    For the purposes of this Act:
            (1) Any person who is required to carry out the objectives 
        of this Act, including but not limited to (1) regulated battery 
        manufacturers, (2) rechargeable consumer product manufacturers, 
        (3) mercury containing battery manufacturers, or (4) their 
        authorized agents shall establish and maintain such records and 
        report such information as the Administrator may by rulemaking 
        reasonably require to carry out the objectives of this Act.
            (2) The Administrator or his authorized representative upon 
        presentation of his credentials may at reasonable times have 
        access to and copy any such records required to be maintained 
        under paragraph (1) of this section.
            (3) The Administrator shall maintain the confidentiality of 
        such documents and records that contain proprietary 
        information.

SEC. 7. STATE AUTHORITY.

    Except as provided in sections 103(f) and 104, relating to 
requirements and the labeling of rechargeable batteries, battery packs, 
or rechargeable consumer products or packages containing such products, 
nothing in this Act shall be construed so as to prohibit a State from 
enacting and enforcing a standard or requirement that is more stringent 
than a standard or requirement established or promulgated under this 
Act.

SEC. 8. AUTHORIZATION.

    Funds necessary to implement the requirements of this Act are 
hereby authorized to be appropriated.

              TITLE I--RECHARGEABLE BATTERY RECYCLING ACT

SEC. 101. SHORT TITLE.

    This Title may be cited as the ``Rechargeable Battery Recycling 
Act''.

SEC. 102. PURPOSE.

    The purpose of this title is to:
            (1) Reduce the quantity of cadmium and lead entering solid 
        waste landfills, incinerators and composting facilities by 
        promoting the efficient recycling of used nickel-cadmium 
        rechargeable batteries, used small sealed lead-acid 
        rechargeable batteries or any other regulated battery, and such 
        rechargeable batteries in used consumer products, through 
        uniform labeling requirements, streamlined regulatory 
        requirements for regulated battery collection programs, and by 
        encouraging voluntary industry programs by eliminating barriers 
        to funding the collection and recycling or proper disposal of 
        used rechargeable batteries.

SEC. 103. RECHARGEABLE CONSUMER PRODUCTS AND LABELING.

    (a) Prohibition.--No person shall sell to the end user for use in 
the United States a regulated battery or rechargeable consumer product 
manufactured on or after the date that is 12 months after the date of 
enactment of this Act, unless--
            (1) the regulated battery--
                    (A) is easily removable from the rechargeable 
                consumer product; or
                    (B) is contained in a battery pack that is easily 
                removable from the product; or
                    (C) is sold separately; and
            (2) the rechargeable consumer product and the regulated 
        battery are labeled in accordance with subsection (b).
            (3) The requirements of subsection (a) do not apply to the 
        following:
                    (A) The sale of remanufactured product units unless 
                subsection (a) applied to the sale of the unit when 
                originally manufactured.
                    (B) Product units intended for export purposes 
                only.
    (b) Labeling.--Each of the following items manufactured on or after 
the date that is 12 months after the date of enactment of this Act, 
whether produced domestically or imported, shall be labeled with the 
three chasing arrows or a comparable recycling symbol, and, on nickel-
cadmium batteries or battery packs, the chemical name or the 
abbreviation ``Ni-Cd'', or, on lead-acid batteries and battery packs, 
either ``Pb'' or the words ``LEAD'' ``RETURN'' ``RECYCLE'', and all 
applicable statements listed below:
            (1) On each regulated battery or battery pack: ``NICKEL-
        CADMIUM BATTERY. MUST BE RECYCLED OR DISPOSED OF PROPERLY.'' or 
        ``SEALED LEAD BATTERY. BATTERY MUST BE RECYCLED.''.
            (2) On each rechargeable consumer product without an easily 
        removable battery or battery pack: ``CONTAINS NICKEL-CADMIUM 
        BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.'' or 
        ``CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE RECYCLED.''.
            (3) On the packaging of each rechargeable consumer product, 
        and the packaging of each regulated battery or battery pack 
        sold separately, unless the relevant label is clearly visible 
        through the packaging: ``CONTAINS NICKEL-CADMIUM BATTERY. 
        BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.'' or 
        ``CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE RECYCLED.''.
    (c) Existing Labeling.--
            (1) For a period of twenty-four (24) months after the date 
        of enactment of this Act, regulated batteries and battery 
        packs, rechargeable consumer products containing regulated 
        batteries, and rechargeable consumer product packages that are 
        labeled in substantial compliance with subsection (b) shall be 
        deemed to comply with the labeling requirements of subsection 
        (b).
            (2) Upon application by persons subject to the labeling 
        requirements of subsection 103(b) of the labeling requirements 
        promulgated by the Administrator under subsection 103(e), the 
        Administrator may approve and certify that a different label 
        meets the requirements of subsections 103 (b) and (e), if the 
        different label is substantially similar to the label required 
        under subsections 103 (b) or (e) or conforms with a recognized 
        international standard and is consistent with the overall 
        purposes of this Title.
    (d) Point of Sale Information.--Any retail establishment that 
offers for sale any battery or product subject to the requirements of 
subsection (b) or regulations promulgated by the Administrator under 
subsection (e), shall display in a manner visible to the consumer, a 
written notice that informs the consumer that regulated batteries, 
whether sold separately or in rechargeable products, must be recycled 
or disposed of properly.
    (e) Administrator's Rulemaking Authority.--If the Administrator 
determines that other rechargeable batteries having electrode 
chemistries different from regulated batteries are toxic and may cause 
substantial harm to human health and the environment if discarded into 
the solid waste stream for land disposal or incineration, the 
Administrator may, with the advice and counsel of state regulatory 
authorities and manufacturers of rechargeable batteries and products, 
and after public comment, (1) promulgate labeling requirements for such 
batteries, battery backs, products without easily removable batteries 
and their packaging, and (2) promulgate easily-removable design 
requirements for rechargeable consumer products designed to contain 
such batteries or battery packs. The regulations promulgated pursuant 
to this subsection shall be substantially similar to the requirements 
contained in subsections (a) and (b).
    (f) Uniformity.--After the effective dates of the requirements set 
forth in Section 103, no federal agency, State, or political 
subdivision may enforce any easy removability or environmental labeling 
requirement for a rechargeable battery or product that includes a 
rechargeable battery that is not identical to the requirements 
contained in subsections (a), (b) and (c) or the regulations 
promulgated by the Administrator under subsection (e).
    (g) Exemptions.--
            (1) In general.--With respect to any rechargeable consumer 
        product, any person may submit an application to the 
        Administrator for an exemption from the requirements of 
        subsection (a) in accordance with the procedures under 
        paragraph (2). The application shall include the following 
        information:
                    (A) A statement of the specific basis for the 
                request for the exemption.
                    (B) The name, business address, and telephone 
                number of the applicant.
            (2) Granting of exemption.--Within 60 days of receipt of an 
        application under paragraph (1), the Administrator shall 
        approve or deny the application. Upon approval of the 
        application the Administrator shall grant an exemption to the 
        applicant. The exemption shall be issued for a period of time 
        that the Administrator determines to be appropriate, except 
        that such period shall not exceed 2 years. The Administrator 
        shall grant an exemption on the basis of evidence supplied to 
        the Administrator that the manufacturer has been unable to 
        commence manufacturing the rechargeable consumer product in 
        compliance with the requirements of this section and with an 
        equivalent level of product performance without the product--
                    (A) resulting in danger to human health, safety, or 
                the environment; or
                    (B) violating requirements for approvals from 
                governmental agencies or widely recognized private 
                standard-setting organizations (including but not 
                limited to Underwriters Laboratories).
            (3) Renewal of exemption.--A person granted an exemption 
        may apply for a renewal of the exemption in accordance with the 
        requirements and procedures described in paragraph (2). The 
        Administrator may grant renewals of an exemption for periods of 
        not more than 2 years after the date of granting of the 
        renewal.

SEC. 104. REQUIREMENTS.

    For the purposes of carrying out the collection, storage, 
transportation and recycling or proper disposal of used rechargeable 
batteries and products without easily removable rechargeable batteries, 
persons involved in collecting, storing, or transporting used 
rechargeable batteries or products containing used rechargeable 
batteries to a facility for recycling or proper disposal shall be 
regulated in the same manner and with the same limitations as if such 
persons were collecting, storing or transporting batteries subject to 
40 CFR part 266 subpart G on January 1, 1993, notwithstanding any 
regulations adopted pursuant to a grant of authority to a State under 
Section 3006 of the Solid Waste Disposal Act (42 U.S.C. 6926).

SEC. 105. COOPERATIVE EFFORTS.

    If two or more persons who participate in projects or programs to 
collect and properly manage used rechargeable batteries or products 
powered by rechargeable batteries advise the Administrator of their 
intent, they may agree to develop jointly, or to share in the costs of 
participating in, such a program and to examine and rely upon such cost 
information as is collected during the project or program, 
notwithstanding any other provision of law.

SEC. 106. REPORT TO THE CONGRESS.

    (a) Report Deadlines in General.--Not later than 36 months after 
the date of enactment of this Act, the Administrator, after 
consultation with and obtaining relevant industrywide data from the 
States, environmental and consumer groups, and organizations 
representing rechargeable battery manufacturers, rechargeable consumer 
product manufacturers and retailers, and after public hearing and 
comment, shall submit to Congress a report that provides the 
information specified in Subsection (b). In collecting information for 
said report, the Administrator shall coordinate with the aforementioned 
States, environmental and consumer groups, and organizations to 
minimize the frequency and scope of any reporting requirements 
associated with the manufacture, sale, or collection of regulated 
batteries.
    (b) Content of Report.--The report described in Subsection (a) 
shall consider and discuss each of the following:
            (1) A review of the activities carried out by the entities 
        listed in subsection (a) with respect to the labeling and 
        collection, transportation, and recycling or disposal of 
        regulated batteries.
            (2) An estimate, for the period beginning on the date of 
        enactment of this section and ending on the date of preparation 
        of the report, of the number of regulated batteries entering 
        the solid waste stream for disposal in incinerators, landfills 
        and municipal solid waste facilities.
            (3) A review of the recycling and reclamation rates for 
        regulated batteries.
            (4) A review of the availability of permitted facilities 
        sufficient to handle the current and projected volume of used 
        regulated batteries, along with a complete evaluation of 
        potential regulatory impediments to management options.
            (5) A list of entities involved in the production and 
        distribution of regulated batteries or rechargeable consumer 
        products participating in programs for the collection of 
        regulated batteries.
            (6) A list of entities involved in the production and 
        distribution of regulated batteries or rechargeable consumer 
        products, excluding retailers, that are not participating in 
        regulated battery collection programs. In formulating such 
        list, the Administrator shall not require any participant to 
        report the name of any non-participant. Prior to listing any 
        entity as a nonparticipant, the Administrator must determine 
        that the entity should be a participant, and independently 
        verify with the entity that it is not a participant.
    (c) Frequency of Report.--24 months after publication of the report 
required in subsection (a), and biennially thereafter, the 
Administrator shall issue a report that provides an update of the 
information specified in subsection (b).

          TITLE II--MERCURY CONTAINING BATTERY MANAGEMENT ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Mercury-Containing Battery 
Management Act''.

SEC. 202. PURPOSE.

    The purpose of this Title is to eliminate the quantity of mercury 
entering solid waste landfills, incinerators and composting facilities 
by phasing out the use of mercury in batteries containing mercury.

SEC. 203. LIMITATIONS ON THE SALE OF ALKALINE-MANGANESE BATTERIES 
              CONTAINING MERCURY.

    No person shall sell, offer for sale, or offer for promotional 
purposes any alkaline-manganese battery manufactured on or after 
January 1, 1996, with a mercury content that was intentionally 
introduced (as distinguished from mercury which may be incidentally 
present in other materials), except that the limitation on mercury 
content in alkaline-manganese button cells shall be 25 milligrams of 
mercury per button cell.

SEC. 204. LIMITATIONS ON THE SALE OF ZINC CARBON BATTERIES CONTAINING 
              MERCURY.

    No person shall sell, offer for sale, or offer for promotional 
purposes any zinc carbon battery manufactured on or after January 1, 
1995, that contains any mercury that was intentionally introduced.

SEC. 205. LIMITATIONS ON THE SALE OF BUTTON CELL MERCURIC-OXIDE 
              BATTERIES.

    No person shall sell, offer for sale, or offer for promotional 
purposes any button cell mercuric-oxide battery on or after January 1, 
1995.

SEC. 206. LIMITATIONS ON THE SALE OF MERCURIC-OXIDE BATTERIES.

    No person shall sell, offer for sale, or offer for promotional 
purposes, any mercuric-oxide battery on or after January 1, 1997.

                                 <all>

S 1949 IS----2