[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2024 Referred in Senate (RFS)]
104th CONGRESS
2d Session
H. R. 2024
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 24, 1996
Received
_______________________________________________________________________
AN ACT
To phase out the use of mercury in batteries and provide for the
efficient and cost-effective collection and recycling or proper
disposal of used nickel cadmium batteries, small sealed lead-acid
batteries, and certain other batteries, and for other purposes.
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. FINDINGS.
The Congress finds that--
(1) it is in the public interest to--
(A) phase out the use of mercury in batteries and
provide for the efficient and cost-effective collection
and recycling or proper disposal of used nickel cadmium
batteries, small sealed lead-acid batteries, and other
regulated batteries; and
(B) educate the public concerning the collection,
recycling, and proper disposal of such batteries;
(2) 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
(3) it is in the public interest to encourage persons who
use rechargeable batteries to participate in collection for
recycling of used nickel-cadmium, small sealed lead-acid, and
other regulated batteries.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Button cell.--The term ``button cell'' means a button-
or coin-shaped battery.
(3) Easily removable.--The term ``easily removable'', with
respect to a battery, means detachable or removable at the end
of the life of the battery--
(A) from a consumer product by a consumer with the
use of common household tools; or
(B) by a retailer of replacements for a battery
used as the principal electrical power source for a
vehicle.
(4) Mercuric-oxide battery.--The term ``mercuric-oxide
battery'' means a battery that uses a mercuric-oxide electrode.
(5) Rechargeable battery.--The term ``rechargeable
battery''--
(A) means 1 or more voltaic or galvanic cells,
electrically connected to produce electric energy, that
is designed to be recharged for repeated uses; and
(B) includes any type of enclosed device or sealed
container consisting of 1 or more such cells, including
what is commonly called a battery pack (and in the case
of a battery pack, for the purposes of the requirements
of easy removability and labeling under section 103,
means the battery pack as a whole rather than each
component individually); but
(C) does not include--
(i) a lead-acid battery used to start an
internal combustion engine or as the principal
electrical power source for a vehicle, such as
an automobile, a truck, construction equipment,
a motorcycle, a garden tractor, a golf cart, a
wheelchair, or a boat;
(ii) a lead-acid battery used for load
leveling or for storage of electricity
generated by an alternative energy source, such
as a solar cell or wind-driven generator;
(iii) a 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; or
(iv) a rechargeable alkaline battery.
(6) Rechargeable consumer product.--The term ``rechargeable
consumer product''--
(A) means a 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; but
(B) does not include a product that only uses a
battery solely as a source of backup power 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.
(7) Regulated battery.--The term ``regulated battery''
means a rechargeable battery that--
(A) contains a cadmium or a lead electrode or any
combination of cadmium and lead electrodes; or
(B) contains other electrode chemistries and is the
subject of a determination by the Administrator under
section 103(d).
(8) Remanufactured product.--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.
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.
(a) Civil Penalty.--When on the basis of any information the
Administrator determines that a person has violated, or is in violation
of, any requirement of this Act (except a requirement of section 104)
the Administrator--
(1) in the case of any violation, may issue an order
assessing a civil penalty of not more than $10,000 for each
violation, or requiring compliance immediately or within a
reasonable specified time period, or both; or
(2) in the case of any violation or failure to comply with
an order issued under this section, may commence a civil action
in the United States district court in the district in which
the violation occurred or in the district in which the violator
resides for appropriate relief, including a temporary or
permanent injunction.
(b) Contents of Order.--An order under subsection (a)(1) shall
state with reasonable specificity the nature of the violation.
(c) Considerations.--In assessing a civil penalty under subsection
(a)(1), the Administrator shall take into account the seriousness of
the violation and any good faith efforts to comply with applicable
requirements.
(d) Finality of Order; Request for Hearing.--An order under
subsection (a)(1) shall become final unless, not later than 30 days
after the order is served, a person named in the order requests a
hearing on the record.
(e) Hearing.--On receiving a request under subsection (d), the
Administrator shall promptly conduct a hearing on the record.
(f) Subpoena Power.--In connection with any hearing on the record
under this section, the Administrator may issue subpoenas for the
attendance and testimony of witnesses and for the production of
relevant papers, books, and documents.
(g) Continued Violation After Expiration of Period for
Compliance.--If a violator fails to take corrective action within the
time specified in an order under subsection (a)(1), the Administrator
may assess a civil penalty of not more than $10,000 for the continued
noncompliance with the order.
(h) Savings Provision.--The Administrator may not take any
enforcement action against a person for selling, offering for sale, or
offering for promotional purposes to the ultimate consumer a battery or
product covered by this Act that was--
(1) purchased ready for sale to the ultimate consumer; and
(2) sold, offered for sale, or offered for promotional
purposes without modification.
The preceding sentence shall not apply to a person--
(A) who is the importer of a battery covered by this Act,
and
(B) who has knowledge of the chemical contents of the
battery
when such chemical contents make the sale, offering for sale, or
offering for promotional purposes of such battery unlawful under title
II of this Act.
SEC. 6. INFORMATION GATHERING AND ACCESS.
(a) Records and Reports.--A person who is required to carry out the
objectives of this Act, including--
(1) a regulated battery manufacturer;
(2) a rechargeable consumer product manufacturer;
(3) a mercury-containing battery manufacturer; and
(4) an authorized agent of a person described in paragraph
(1), (2), or (3),
shall establish and maintain such records and report such information
as the Administrator may by regulation reasonably require to carry out
the objectives of this Act.
(b) Access and Copying.--The Administrator or the Administrator's
authorized representative, on presentation of credentials of the
Administrator, may at reasonable times have access to and copy any
records required to be maintained under subsection (a).
(c) Confidentiality.--The Administrator shall maintain the
confidentiality of documents and records that contain proprietary
information.
SEC. 7. STATE AUTHORITY.
Nothing in this Act shall be construed to prohibit a State from
enacting and enforcing a standard or requirement that is identical to a
standard or requirement established or promulgated under this Act.
Except as provided in sections 103(e) and 104, nothing in this Act
shall be construed 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 OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
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 facilitate the efficient recycling
or proper disposal of used nickel-cadmium rechargeable batteries, used
small sealed lead-acid rechargeable batteries, other regulated
batteries, and such rechargeable batteries in used consumer products,
by--
(1) providing for uniform labeling requirements and
streamlined regulatory requirements for regulated battery
collection programs; and
(2) 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.--
(1) In general.--No person shall sell for use in the United
States a regulated battery that is ready for retail sale or a
rechargeable consumer product that is ready for retail sale, if
such battery or product was manufactured on or after the date
12 months after the date of enactment of this Act, unless the
labeling requirements of subsection (b) are met and, in the
case of a regulated battery, the regulated battery--
(A) is easily removable from the rechargeable
consumer product; or
(B) is sold separately.
(2) Application.--Paragraph (1) does not apply to any of
the following:
(A) The sale of a remanufactured product unit
unless paragraph (1) applied to the sale of the unit
when originally manufactured.
(B) The sale of a product unit intended for export
purposes only.
(b) Labeling.--Each regulated battery or rechargeable consumer
product without an easily removable battery manufactured on or after
the date that is 1 year after the date of enactment of this Act,
whether produced domestically or imported shall bear the following
labels:
(1) 3 chasing arrows or a comparable recycling symbol.
(2)(A) On each regulated battery which is a nickel-cadmium
battery, the chemical name or the abbreviation ``Ni-Cd'' and
the phrase ``BATTERY MUST BE RECYCLED OR DISPOSED OF
PROPERLY.''.
(B) On each regulated battery which is a lead-acid battery,
``Pb'' or the words ``LEAD'', ``RETURN'', and ``RECYCLE'' and
if the regulated battery is sealed, the phrase ``BATTERY MUST
BE RECYCLED.''.
(3) On each rechargeable consumer product containing a
regulated battery that is not easily removable, the phrase
``CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR
DISPOSED OF PROPERLY.'' or ``CONTAINS SEALED LEAD BATTERY.
BATTERY MUST BE RECYCLED.'', as applicable.
(4) On the packaging of each rechargeable consumer product,
and the packaging of each regulated battery sold separately
from such a product, unless the required label is clearly
visible through the packaging, the phrase ``CONTAINS NICKEL-
CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF
PROPERLY.'' or ``CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE
RECYCLED.'', as applicable.
(c) Existing or Alternative Labeling.--
(1) Initial period.--For a period of 2 years after the date
of enactment of this Act, regulated batteries, 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) Certification.--
(A) In general.--On application by persons subject
to the labeling requirements of subsection (b) or the
labeling requirements promulgated by the Administrator
under subsection (d), the Administrator shall certify
that a different label meets the requirements of
subsection (b) or (d), respectively, if the different
label--
(i) conveys the same information as the
label required under subsection (b) or (d),
respectively; or
(ii) conforms with a recognized
international standard that is consistent with
the overall purposes of this title.
(B) Constructive certification.--Failure of the
Administrator to object to an application under
subparagraph (A) on the ground that a different label
does not meet either of the conditions described in
subparagraph (A) (i) or (ii) within 120 days after the
date on which the application is made shall constitute
certification for the purposes of this Act.
(d) Rulemaking Authority of the Administrator.--
(1) In general.--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 rechargeable consumer products, and after public
comment--
(A) promulgate labeling requirements for the
batteries with different electrode chemistries,
rechargeable consumer products containing such
batteries that are not easily removable batteries, and
packaging for the batteries and products; and
(B) promulgate requirements for easy removability
of regulated batteries from rechargeable consumer
products designed to contain such batteries.
(2) Substantial similarity.--The regulations promulgated
under paragraph (1) shall be substantially similar to the
requirements set forth in subsections (a) and (b).
(e) Uniformity.--After the effective dates of a requirement set
forth in subsection (a), (b), or (c) or a regulation promulgated by the
Administrator under subsection (d), no Federal agency, State, or
political subdivision of a State may enforce any easy removability or
environmental labeling requirement for a rechargeable battery or
rechargeable consumer product that is not identical to the requirement
or regulation.
(f) 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.--Not later than 60 days after
receipt of an application under paragraph (1), the
Administrator shall approve or deny the application. On
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 the 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) posing a threat to human health, safety, or the
environment; or
(B) violating requirements for approvals from
governmental agencies or widely recognized private
standard-setting organizations (including Underwriters
Laboratories).
(3) Renewal of exemption.--A person granted an exemption
under paragraph (2) may apply for a renewal of the exemption in
accordance with the requirements and procedures described in
paragraphs (1) and (2). The Administrator may grant a renewal
of such an exemption for a period of not more than 2 years
after the date of the granting of the renewal.
SEC. 104. REQUIREMENTS.
(a) Batteries Subject to Certain Regulations.--The collection,
storage, or transportation of used rechargeable batteries, batteries
described in section 3(5)(C) or in title II, and used rechargeable
consumer products containing rechargeable batteries that are not easily
removable rechargeable batteries, shall, notwithstanding any law of a
State or political subdivision thereof governing such collection,
storage, or transportation, be regulated under applicable provisions of
the regulations promulgated by the Environmental Protection Agency at
60 Fed. Reg. 25492 (May 11, 1995), as effective on May 11, 1995, except
as provided in paragraph (2) of subsection (b) and except that--
(1) the requirements of 40 CFR 260.20, 260.40, and 260.41
and the equivalent requirements of an approved State program
shall not apply, and
(2) this section shall not apply to any lead acid battery
managed under 40 CFR 266 subpart G or the equivalent
requirements of an approved State program.
(b) Enforcement Under Solid Waste Disposal Act.--(1) Any person who
fails to comply with the requirements imposed by subsection (a) of this
section may be subject to enforcement under applicable provisions of
the Solid Waste Disposal Act.
(2) States may implement and enforce the requirements of subsection
(a) if the Administrator finds that--
(A) the State has adopted requirements that are identical
to those referred to in subsection (a) governing the
collection, storage, or transportation of batteries referred to
in subsection (a); and
(B) the State provides for enforcement of such
requirements.
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 phase out the use of 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 the
date of enactment of this Act, with a mercury content that was
intentionally introduced (as distinguished from mercury that 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 the date of
enactment of this Act, that contains mercury that was intentionally
introduced as described in section 203.
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 for use in the United
States on or after the date of enactment of this Act.
SEC. 206. LIMITATIONS ON THE SALE OF OTHER MERCURIC-OXIDE BATTERIES.
(a) Prohibition.--On or after the date of enactment of this Act, no
person shall sell, offer for sale, or offer for promotional purposes a
mercuric-oxide battery for use in the United States unless the battery
manufacturer, or the importer of such a battery--
(1) identifies a collection site in the United States that
has all required Federal, State, and local government
approvals, to which persons may send used mercuric-oxide
batteries for recycling or proper disposal;
(2) informs each of its purchasers of mercuric-oxide
batteries of the collection site identified under paragraph
(1); and
(3) informs each of its purchasers of mercuric-oxide
batteries of a telephone number that the purchaser may call to
get information about sending mercuric-oxide batteries for
recycling or proper disposal.
(b) Application of Section.--This section does not apply to a sale
or offer of a mercuric-oxide button cell battery.
SEC. 207. NEW PRODUCT OR USE.
On petition of a person that proposes a new use for a battery
technology described in this title or the use of a battery described in
this title in a new product, the Administrator may exempt from this
title the new use of the technology or the use of such a battery in the
new product on the condition, if appropriate, that there exist
reasonable safeguards to ensure that the resulting battery or product
without an easily removable battery will not be disposed of in an
incinerator, composting facility, or landfill (other than a facility
regulated under subtitle C of the Solid Waste Disposal Act (42 U.S.C.
6921 et seq.)).
Passed the House of Representatives April 23, 1996.
Attest:
ROBIN H. CARLE,
Clerk.