[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2835 Introduced in House (IH)]

  1st Session
                                H. R. 2835

    To reduce the risk of mercury pollution through use reduction, 
 increased recycling, and reduction of emissions into the environment, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 22, 1995

 Mr. Pallone introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
    To reduce the risk of mercury pollution through use reduction, 
 increased recycling, and reduction of emissions into the environment, 
                        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 AND TABLE OF CONTENTS.

    This Act may be cited as the ``Mercury Environmental Risk and 
Comprehensive Utilization Reduction Initiative''.
                           table of contents
Sec. 1. Short title and table of contents.
Sec. 2. Congressional findings and purposes.
Sec. 3. Prohibition on mercury batteries.
Sec. 4. Battery recycling.
Sec. 5. Reduction of mercury in packaging.
Sec. 6. Prohibition on use of mercury as a fungicide.
Sec. 7. Use and disposal of mercury by Department of Defense.
Sec. 8. Requirements for waste processors and disposal facilities.
Sec. 9. Surcharge on mercury air emissions.
Sec. 10. FDA study of mercury compounds in drugs and food.

SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
            (1) On the basis of available scientific and medical 
        evidence, exposure to mercury and other toxic metals, is of 
        concern to human health and the environment.
            (2) The presence of mercury and other toxic metals in 
        consumer products is of concern in light of the health 
        consequences associated with exposure to mercury and other 
        toxic metals.
            (3) The presence of mercury and other toxic metals in 
        certain batteries is of special concern, particularly 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.
            (4) A comprehensive study of the use of mercury by the 
        Department of Defense will significantly further the goal of 
        reducing mercury pollution.
    (b) Purposes.--It is the purpose of this Act to--
            (1) reduce the quantity of mercury and toxic metals 
        entering solid waste landfills, incinerators, and composting 
        facilities by phasing-out or greatly reducing the use of 
        mercury in certain products and by providing for the efficient 
        and cost-effective collection and recycling or proper disposal 
        of used batteries and other products containing mercury;
            (2) educate the public concerning the collection, 
        recycling, and proper disposal of such products;
            (3) reduce the quantity of mercury entering the environment 
        by greatly reducing air emissions of mercury from stationary 
        sources;
            (4) increase public knowledge of the sources of mercury 
        exposure and the threat to public health posed by such 
        exposure; and
            (5) significantly decrease the threat to human health and 
        the environment posed by mercury.

SEC. 3. PROHIBITION ON MERCURY BATTERIES.

    The Toxic Substances Control Act is amended by inserting the 
following after title IV:

                          ``TITLE V--BATTERIES

``SEC. 501. PROHIBITION ON MERCURY BATTERIES.

    ``(a) Definitions.--As used in this section:
            ``(1) Button cell.--The term `button cell', used with 
        respect to a battery, means any button-shaped or coin-shaped 
        battery.
            ``(2) Mercuric-oxide battery.--The term `mercuric-oxide 
        battery' means a battery that uses a mercuric-oxide electrode.
    ``(b) Limitations on the Sale of Alkaline-Manganese Batteries 
Containing Mercury.--No person shall introduce into interstate 
commerce, offer for such introduction, 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 that may be incidentally 
present in other materials), except that the limitation on mercury 
content in alkaline-manganese button cell batteries shall be 25 
milligrams of mercury per button cell battery.
    ``(c) Limitations on the Sale of Zinc Carbon Batteries Containing 
Mercury.--No person shall introduce into interstate commerce, offer for 
such introduction, or offer for promotional purposes any zinc carbon 
battery manufactured on or after January 1, 1997, that contains any 
mercury that was intentionally introduced as described in subsection 
(b).
    ``(d) Limitations on the Sale of Button Cell Mercuric-Oxide 
Batteries.--No person shall introduce into interstate commerce, offer 
for such introduction, or offer for promotional purposes any button 
cell mercuric-oxide battery on or after January 1, 1997.
    ``(e) Limitations on the Sale of Mercuric-Oxide Batteries.--No 
person shall introduce into interstate commerce, offer for such 
introduction, or offer for promotional purposes any mercuric-oxide 
battery on or after January 1, 1997.
    ``(f) Enforcement.--(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 section, 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, not later than 30 days after the order is served, the person or 
persons named in the order request a public hearing. If such a request 
is made, the Administrator shall promptly conduct a public hearing. In 
connection with any proceeding under this subsection, 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 
period specified in a compliance order issued under this subsection, 
the Administrator may assess a civil penalty of not more that $10,000 
for the continued noncompliance with the order.
    ``(5) This section shall be enforced only pursuant to this 
subsection, notwithstanding the provisions of title I.
    ``(g) Information Gathering and Access.--(1) Any person who is 
required to comply with this section, including a mercury-containing 
battery manufacturer and any authorized agent of such a manufacturer 
shall establish and maintain such records and report such information 
as the Administrator may by rule reasonably require to carry out this 
section.
    ``(2) The Administrator, or an authorized representative of the 
Administrator upon presentation of credentials, may at reasonable times 
have access to and copy any records required to be maintained under 
paragraph (1).
    ``(3) The Administrator shall maintain the confidentiality of such 
records or information maintained or reported under this subsection as 
contain proprietary information.

``SEC. 502. LABELING AND RECYCLING OF RECHARGEABLE BATTERIES AND 
              BATTERY PACKS.

    ``(a) Definitions.--As used in this section:
            ``(1) Battery pack.--The term `battery pack' means any 
        combination of rechargeable batteries containing 1 or more 
        regulated batteries that commonly has wire leads, terminals, 
        and dielectric housing.
            ``(2) Easily removable.--The term `easily removable', used 
        with respect to a rechargeable battery or battery pack, means 
        the battery or battery pack is detachable or removable from a 
        rechargeable consumer product by a consumer with the use of 
        common household tools at the end of the life of the battery or 
        battery pack.
            ``(3) Rechargeable battery.--The term `rechargeable 
        battery'--
                    ``(A) means any type of enclosed device or sealed 
                container consisting of 1 or more voltaic or galvanic 
                cells, electrically connected to produce electric 
                energy, that is designed to be recharged for repeated 
                uses; and
                    ``(B) does not include--
                            ``(i) any 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) any lead-acid battery used for load 
                        leveling or for the storage of electricity 
                        generated by an alternative energy source, such 
                        as a solar cell or wind driven generator;
                            ``(iii) 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
                            ``(iv) any alkaline battery.
            ``(4) Rechargeable consumer product.--The term 
        `rechargeable consumer product'--
                    ``(A) 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; and
                    ``(B) does not include any product that 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.
            ``(5) Regulated battery.--The term `regulated battery' 
        means any rechargeable battery that--
                    ``(A) contains a cadmium or a lead electrode or any 
                combination of cadmium and lead electrodes; or
                    ``(B) has another electrode chemistry and is the 
                subject of a determination by the Administrator 
                pursuant to subsection (b)(5).
            ``(6) Remanufactured product.--The term `remanufactured 
        product' means a rechargeable consumer product that has been 
        altered by the replacement of a part, repackaged, or repaired, 
        after initial sale by the original manufacturer.
    ``(b) Rechargeable Consumer Products and Labeling.--
            ``(1) Prohibition.--
                    ``(A) In general.--No person shall sell at retail 
                for use in the United States a regulated battery or 
                rechargeable consumer product introduced into 
                interstate commerce on or after the date that is 1 year 
                after the date of enactment of this subsection, 
                unless--
                            ``(i) the regulated battery--
                                    ``(I) is easily removable from the 
                                rechargeable consumer product;
                                    ``(II) is contained in a battery 
                                pack that is easily removable from the 
                                product; or
                                    ``(III) is sold separately from the 
                                product; and
                            ``(ii) the rechargeable consumer product 
                        and the regulated battery are labeled in 
                        accordance with paragraph (2).
                    ``(B) Application.--Subparagraph (A) shall not 
                apply to--
                            ``(i) the sale of a remanufactured product 
                        unless subparagraph (A) applied to the sale of 
                        the product when originally manufactured; and
                            ``(ii) a product intended for export 
                        purposes only.
            ``(2) Labeling.--Each regulated battery, battery pack, or 
        rechargeable consumer product without an easily removable 
        battery or battery pack, manufactured on or after the date that 
        is 1 year after the date of enactment of this subsection, shall 
        be labeled with--
                    ``(A)(i) 3 chasing arrows or a comparable recycling 
                symbol;
                    ``(ii) proximate to such arrows or symbol--
                            ``(I) on each nickel-cadmium battery or 
                        battery pack, the chemical name or the 
                        abbreviation `Ni-Cd'; and
                            ``(II) on lead-acid battery and battery 
                        pack, `Pb' or the words `LEAD', `RETURN', and 
                        `RECYCLE'; and
                    ``(iii) on each regulated battery or battery pack, 
                the phrase `NICKEL-CADMIUM BATTERY. MUST BE RECYCLED OR 
                DISPOSED OF PROPERLY.' or `SEALED LEAD BATTERY. BATTERY 
                MUST BE RECYCLED.', as applicable;
                    ``(B) on each rechargeable consumer product without 
                an easily removable battery or battery pack, 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; and
                    ``(C) on the packaging of each rechargeable 
                consumer product, and the packaging of each regulated 
                battery or battery pack sold separately from such a 
                product, unless the relevant 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.'.
            ``(3) Existing labeling.--
                    ``(A) Substantial compliance.--For a period of 2 
                years after the date of enactment of this subsection, 
                regulated batteries and battery packs, rechargeable 
                consumer products containing regulated batteries, and 
                rechargeable consumer product packages, that are 
                labeled in substantial compliance with paragraph (2) 
                shall be deemed to comply with the labeling 
                requirements of paragraph (2).
                    ``(B) Different label.--Upon application by a 
                person subject to the labeling requirements of 
                paragraph (2) or of the labeling requirements 
                promulgated by the Administrator under paragraph (5), 
                the Administrator may approve a different label and 
                certify that the different label meets the requirements 
                of paragraph (2) or (5), respectively, if the different 
                label--
                            ``(i) is substantially similar to the label 
                        required under paragraph (2) or (5), 
                        respectively; or
                            ``(ii) conforms with a recognized 
                        international standard and is consistent with 
                        the overall purposes of this section.
            ``(4) Point of sale information.--Any retail establishment 
        that offers for sale any battery, battery pack, or product 
        subject to the labeling requirements of paragraph (2) or the 
        labeling requirements promulgated by the Administrator under 
        paragraph (5), shall display, in a manner visible to a 
        consumer, a written notice that informs the consumer that 
        regulated batteries and battery packs, whether sold separately 
        or in rechargeable consumer products, shall be recycled or 
        disposed of properly.
            ``(5) Rulemaking authority of the administrator.--
                    ``(A) In general.--If the Administrator determines 
                that other rechargeable batteries having electrode 
                chemistries different from regulated batteries 
                described in subsection (a)(7)(A) 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, battery packs, and rechargeable consumer 
                products, and after public comment--
                            ``(i) promulgate labeling requirements for 
                        the batteries with different electrode 
                        chemistries, battery packs containing the 
                        batteries, rechargeable consumer 
products containing the batteries that are not easily removable 
batteries, and packaging for the products; and
                            ``(ii) promulgate easily-removable design 
                        requirements for rechargeable consumer products 
                        designed to contain the batteries or battery 
                        packs.
                    ``(B) Substantial similarity.--The regulations 
                promulgated pursuant to subparagraph (A) shall be 
                substantially similar to the requirements set forth 
                contained in paragraphs (1) and (2).
            ``(6) Uniformity.--After the effective dates of a 
        requirement set forth in paragraph (1), (2), or (3) or a 
        regulation promulgated by the Administrator under paragraph 
        (5), no Federal agency, State, or political subdivision of a 
        State may enforce any easy removability or environmental 
        labeling requirement for a rechargeable battery, battery pack, 
        or rechargeable consumer product that is not identical to the 
        requirement or regulation.
            ``(7) Exemptions.--
                    ``(A) 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 paragraph (1) in accordance with the 
                procedures under subparagraph (B). The application 
                shall include--
                            ``(i) a statement of the specific basis for 
                        the request for the exemption; and
                            ``(ii) the name, business address, and 
                        telephone number of the applicant.
                    ``(B) Granting of exemption.--Within 60 days after 
                receipt of an application under subparagraph (A), 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 1 year. 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 this subsection and 
                with an equivalent level of product performance without 
                the product--
                            ``(i) resulting in danger to human health, 
                        safety, or the environment; or
                            ``(ii) violating requirements for approvals 
                        from governmental agencies or widely recognized 
                        private standard-setting organizations 
                        (including Underwriters Laboratories).
                    ``(C) Renewal of exemption.--A person granted an 
                exemption under subparagraph (B) may apply for a 
                renewal of the exemption in accordance with the 
                requirements and procedures described in subparagraphs 
                (A) and (B). The Administrator may grant a renewal of 
                such an exemption for a period of not more than 1 year 
                after the date of granting of the renewal.
    ``(c) Requirements.--For the purposes of carrying out the 
collection, storage, transportation, recycling, or proper disposal of 
used rechargeable batteries, used battery packs, and used rechargeable 
consumer products containing rechargeable batteries that are not easily 
removable rechargeable batteries, persons involved in collecting, 
storing, or transporting such batteries, battery packs, or products to 
a facility for recycling or proper disposal shall be subject, in the 
same manner and with the same limitations, to the same requirements as 
would apply if the persons were collecting, storing, or transporting 
batteries subject to subpart G of part 266 of title 40, Code of Federal 
Regulations, as in effect on January 1, 1993, notwithstanding any 
regulation or statute.
    ``(d) Cooperative Efforts.--Notwithstanding any other provision of 
law, if 2 or more persons who participate in projects or programs to 
collect and properly manage used rechargeable batteries, used battery 
packs, or used rechargeable consumer products advise the Administrator 
of their intent, the persons may agree to develop jointly, or to share 
in the costs of participating in, such a project or program and to 
examine and rely upon such cost information as is collected during the 
project or program.
    ``(e) Report to Congress.--
            ``(1) Report deadlines in general.--Not later than 3 years 
        after the date of enactment of this subsection, the 
        Administrator, after consultation with and obtaining relevant 
        industry wide data from the States, environmental and consumer 
        groups, and organizations representing rechargeable battery 
        manufacturers, rechargeable consumer product manufacturers, and 
        retailers, and after conducting a public hearing and 
        considering public comment, shall submit to Congress a report 
        that provides the information specified in paragraph (2). In 
        collecting information for the report, the Administrator shall 
        coordinate with such 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.
            ``(2) Content of report.--The report described in paragraph 
        (1) shall include each of the following:
                    ``(A) A review of the activities carried out by the 
                entities listed in paragraph (1) with respect to the 
                labeling, collection, transportation, recycling, and 
                disposal of regulated batteries.
                    ``(B) An estimate, for the period beginning on the 
                date of enactment of this subsection 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.
                    ``(C) A review of the recycling and reclamation 
                rates for regulated batteries.
                    ``(D) 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.
                    ``(E) A list of entities involved in the production 
                and distribution of regulated batteries or rechargeable 
                consumer products and participating in programs for the 
                collection of regulated batteries.
                    ``(F) A list of entities involved in the production 
                and distribution of regulated batteries or rechargeable 
                consumer products, excluding retailers, that are not 
                participating in programs for the collection of 
                regulated batteries. In formulating the list, the 
                Administrator shall not require any participant to 
                report the name of any nonparticipant. Prior to listing 
                any entity as such a nonparticipant, the Administrator 
                shall determine that the entity should be a 
                participant, and independently verify with the entity 
                that the entity is not a participant.
            ``(3) Frequency of report.--Not later than 2 years after 
        publication of the report required in paragraph (1), and every 
        2 years thereafter, the Administrator shall issue a report that 
        provides an update of the information specified in paragraph 
        (2).
    ``(f) Information Dissemination.--In consultation with 
representatives of rechargeable battery manufacturers, rechargeable 
consumer product manufacturers, and retailers, the Administrator shall 
establish a program to provide information to the public concerning the 
proper handling and disposal of used regulated batteries and used 
rechargeable consumer products with easily removable batteries.
    ``(g) Enforcement.--For the purposes of this section:
            ``(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 section, 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, not later than 30 days after the order is served, 
        the person or persons named in the order request a public 
        hearing. If such a request is made, the Administrator shall 
        promptly conduct a public hearing. In connection with any 
        proceeding under this subsection, 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 period specified in a compliance order issued under 
        this subsection, the Administrator may assess a civil penalty 
        of not more that $10,000 for the continued noncompliance with 
        the order.
            ``(5) This section shall be enforced only pursuant to this 
        subsection, notwithstanding the provisions of title I.
    ``(h) Information Gathering and Access.--(1) Any person who is 
required to comply with this section, including--
            ``(A) a regulated battery manufacturer;
            ``(B) a rechargeable consumer product manufacturer;
            ``(C) an authorized agent of a manufacturer described in 
        subparagraph (A) or (B);
shall establish and maintain such records and report such information 
as the Administrator may by rule reasonably require to carry out this 
section.
    ``(2) The Administrator, or an authorized representative of the 
Administrator upon presentation of credentials, may at reasonable times 
have access to and copy any records required to be maintained under 
paragraph (1).
    ``(3) The Administrator shall maintain the confidentiality of such 
records or information maintained or reported under this subsection as 
contain proprietary information.
    ``(i) State Authority.--Except as provided in subsection (b)(6), or 
as provided in subsection (c) (relating to requirements and the 
labeling of rechargeable batteries, battery packs, or rechargeable 
consumer products or packages containing such products), nothing in 
this section 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 section.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.

SEC. 4. BATTERY RECYCLING.

    (a) Amendment.--The Solid Waste Disposal Act is amended by adding 
the following new subtitle at the end thereof:

                    ``Subtitle K--Battery Recycling

``SEC. 12001. DEFINITIONS.

    ``For purposes of this subtitle:
            ``(1) The term `battery' means an alkaline or lead-acid 
        battery.
            ``(2) The term `battery distributor' means a person who 
        sells or offers for sale batteries in interstate commerce to 
        battery retailers.
            ``(3) The term `battery retailer' means a person who 
        purchases batteries from a battery distributor for sale to a 
        consumer or who sells or offers to sell in commerce batteries 
        to a consumer.
            ``(4) The term `consumer' means a person who purchases a 
        battery for any use other than resale.
            ``(5) The term `refund value' means the amount specified as 
        the refund value of a battery under section 12002.

``SEC. 12002. REQUIRED BATTERY LABELING.

    ``Except as otherwise provided in section 12007, no battery 
distributor or battery retailer may sell or offer for sale in 
interstate commerce a battery unless there is clearly, prominently, and 
securely affixed to, or printed on, the container a statement of the 
refund value of the battery. The Administrator shall promulgate rules 
establishing uniform standards for the size and location of the refund 
value statement on batteries. The refund amount for any class or 
category of batteries shall be specified by, and subject to adjustment 
by, the Administrator.

``SEC. 12003. ORIGINATION OF REFUND VALUE.

    ``For each battery sold in interstate commerce to a battery 
retailer by a battery distributor, the distributor shall collect from 
the retailer the amount of the refund value shown on the battery. With 
respect to each battery sold in interstate commerce to a consumer by a 
battery retailer, the retailer shall collect from the consumer the 
amount of the refund value shown on the battery. No person other than 
the persons described in this section may collect a deposit on a 
battery.

``SEC. 12004. RETURN OF REFUND VALUE.

    ``(a) Payment by Retailer.--If any person tenders for refund a used 
battery to a battery retailer who sells (or has sold at any time during 
the period of 3 months ending on the date of such tender) the same 
brand of battery, the retailer shall promptly pay such person the 
amount of the refund value stated on the battery.
    ``(b) Payment by Distributor.--If any person tenders for refund a 
used battery to a battery distributor who sells (or has sold at any 
time during the period of 3 months ending on the date of such tender) 
the same brand of battery, the distributor shall promptly pay such 
person (1) the amount of the refund value stated on the battery, plus 
(2) an amount equal to at least 10 cents per battery to help defray the 
cost of handling. This subsection shall not preclude any person from 
tendering batteries to persons other than battery distributors.
    ``(c) Agreements.--(1) Nothing in this subtitle shall preclude 
agreements between distributors, retailers, or other persons to 
establish centralized battery collection centers, including centers 
which act as agents of such retailers.
    ``(2) Nothing in this subtitle shall preclude agreements between 
battery retailers, battery distributors, or other persons for the 
crushing or bundling (or both) of batteries.

``SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE 
              RECYCLING FUNDS.

    ``(a) Unclaimed Refunds.--At the end of each calendar year each 
battery distributor shall pay to each State an amount equal to the sum 
by which the total refund value of all batteries sold by the 
distributor for resale in that State during that year exceeds the total 
sum paid during that year by the distributor under section 12004(b) to 
persons in that State. The total of unclaimed refunds received by any 
State under this section shall be available to carry out pollution 
prevention and recycling programs in that State.
    ``(b) Refunds in Excess of Collections.--If the total of payments 
made by a battery distributor in any calendar year under section 
12004(b) for any State exceed the total refund value of all batteries 
sold by the distributor for resale in that State, the excess shall be 
credited against the amount otherwise required to be paid by the 
distributor to that State under subsection (a) for a subsequent 
calendar year designated by the battery distributor.

``SEC. 12006. PROHIBITIONS ON POST-REDEMPTION DISPOSAL.

    ``No retailer or distributor or agent of a retailer or distributor 
may dispose of any battery labeled under section 12002 in any landfill 
or other solid waste disposal facility.

``SEC. 12007. EXEMPTED STATES.

    ``(a) In General.--The provisions of sections 12002 through 12005 
and sections 12008 and 12009 of this subtitle shall not apply in any 
State which--
            ``(1) has adopted and implemented requirements applicable 
        to all batteries sold in that State which the Administrator 
        determines to be substantially identical to the provisions of 
        sections 12002 through 12005 and sections 12008 and 12009 of 
        this subtitle; or
            ``(2) demonstrates to the Administrator that, for any 
        period of 12 consecutive months following the date of the 
        enactment of this subtitle, such State achieved a recycling or 
        reuse rate for batteries of at least 70 percent.
If at any time following a determination under paragraph (2) that a 
State has achieved a 70 percent recycling or reuse rate the 
Administrator determines that such State has failed, for any 12-
consecutive month period, to maintain at least a 70 percent recycling 
or reuse rate of its batteries, the Administrator shall notify such 
State that, upon the expiration of the 90-day period following such 
notification, the provisions under sections 12002 through 12005 and 
sections 12008 and 12009 shall be applicable to that State until a 
subsequent determination is made under subparagraph (A) or a 
demonstration is made under subparagraph (B).
    ``(b) Determination of Tax.--No State or political subdivision 
which imposes any tax on the sale of any battery may impose a tax on 
any amount attributable to the refund value of such battery.
    ``(c) Effect on Other Laws.--Nothing in this subtitle shall be 
construed to affect the authority of any State or political subdivision 
thereof to enact or enforce (or continue in effect) any law respecting 
a refund value on batteries or from regulating redemption and other 
centers which purchase empty batteries from battery retailers, 
consumers, or other persons.

``SEC. 12008. REGULATIONS.

    ``Not later than 12 months after the enactment of this subtitle, 
the Administrator shall prescribe regulations to carry out this 
subtitle. Such regulations shall also adjust the refund amount required 
under section 12002 to account for inflation. Such adjustment shall be 
effective 10 years after the enactment of this subtitle and additional 
adjustments shall take effect at 10 year intervals thereafter.

``SEC. 12009. PENALTIES.

    ``Any person who violates any provision of section 12002, 12003, 
12004, or 12006 shall be subject to a civil penalty of not more than 
$1,000 for each violation. Any person who violates any provision of 
section 12005 shall be subject to a civil penalty of not more than 
$10,000 for each violation.

``SEC. 12010. EFFECTIVE DATE.

    ``Except as provided in section 12008, this subtitle shall take 
effect 2 years after the date of its enactment.''.
    (b) Table of Contents.--The table of contents for such Act is 
amended by adding the following at the end thereof:

                    ``Subtitle K--Battery Recycling

``Sec. 12001. Definitions.
``Sec. 12002. Required battery labeling.
``Sec. 12003. Origination of refund value.
``Sec. 12004. Return of refund value.
``Sec. 12005. Accounting for unclaimed refunds and provisions for State 
                            recycling funds.
``Sec. 12006. Prohibitions on post-redemption disposal.
``Sec. 12007. Exempted States.
``Sec. 12008. Regulations.
``Sec. 12009. Penalties.
``Sec. 12010. Effective date.''.

SEC. 5. REDUCTION OF MERCURY IN PACKAGING.

    (a) Definitions.--As used in this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Distributor.--The term ``distributor'' means any person 
        who purchases goods from a manufacturer for sale or promotional 
        use.
            (3) Incidental presence.--The term ``incidental presence'' 
        means the presence of mercury in a package or packaging 
        component if the substance was not intentionally introduced 
        into the package or packaging component for its own properties 
        or characteristics.
            (4) Intentional introduction.--
                    (A) In general.--The term ``intentional 
                introduction'' means the purposeful introduction of 
                mercury into a package or packaging component with an 
                intent that one or more of the substances be present in 
                the package or packaging component.
                    (B) Exclusion.--The term does not include--
                            (i) the background levels of mercury that 
                        naturally occur in raw materials or are present 
                        as postconsumer additions, and that are not 
                        purposefully added to perform as part of a 
                        package or packaging component; and
                            (ii) any trace quantities of a processing 
                        aid or similar material used to produce a 
                        product from which a package or packaging 
                        component is manufactured, if the processing 
                        aid or similar material is reasonably expected 
                        to be consumed or transformed into a 
                        nonregulated material during the process.
            (5) Manufacturer.--The term ``manufacturer'' means any 
        person in the chain of production who makes a package or 
        packaging component for sale or promotional purposes, including 
        an importer of packages or packaging components.
            (6) Package or packaging.--The term ``package'' or 
        ``packaging'' means a container that provides a means of 
        marketing, protecting, or handling a product. The term includes 
        a unit package, an intermediate, and a chipping container as 
        defined in standard D-996 issued by the American Society of 
        Testing and Materials, and unsealed receptacles such as 
        carrying cases, crates, cups, pails, rigid foil, and other 
        trays, wrappers and wrapping films, bags, and tubs.
            (7) Packaging component.--The term ``packaging component'' 
        means any individual assembled part of packaging, including any 
        interior or exterior blocking, bracing, cushioning, 
        weatherproofing, exterior strapping, coating, closure, ink, 
        label, adhesive, and stabilizer, except that the term does not 
        include steel strapping. For the purposes of this section, tin-
        plated steel that meets the specification under standard A-623 
        issued by the American Society of Testing and Materials shall 
        be deemed an individual packaging component.
    (b) Prohibition on Addition of Mercury in Packaging.--
            (1) In general.--Except as provided in subsection (c), 
        effective 2 years after the date of enactment of this Act, the 
        intentional introduction of mercury to packaging or any 
        component thereof during manufacturing or distribution by any 
        person is prohibited.
            (2) Concentration levels.--The sum of the concentration 
        levels of mercury present in packaging or any component thereof 
        may not exceed the following amounts:
                    (A) 600 parts per million by weight (0.06 percent) 
                on or after the date that is 2 years after the date of 
                enactment of this Act and before the date specified in 
                paragraph (2).
                    (B) 250 parts per million by weight (0.025 percent) 
                on or after the date that is 3 years after the date of 
                enactment of this Act and before the date specified in 
                paragraph (3).
                    (C) 100 parts per million by weight (0.01 percent) 
                on or after the date that is 4 years after the date of 
                enactment of this Act.
    (c) Exemptions.--
            (1) In general.--The requirements of subsection (b) shall 
        not apply to packaging and any component thereof--
                    (A) with a code indicating a date of manufacture of 
                the packaging or component, or date of bottling or 
                manufacturing of distilled spirits and wines, that is 
                prior to the effective date of this Act; or
                    (B) if alternative evidence of a date of 
                manufacture or bottling prior to the effective date of 
                this Act is provided to the satisfaction of the 
                Administrator.
            (2) Safety considerations.--
                    (A) In general.--The requirements of subsection (b) 
                shall not apply to packaging and any component thereof 
                to which mercury has been added in the manufacturing, 
                forming, printing, or distribution process--
                            (i) in order to comply with health or 
                        safety requirements of Federal law; or
                            (ii) because the addition of one or more of 
                        the substances is essential for the protection, 
                        safe handling, or functioning of the contents 
                        of the packaging,
                if the Administrator grants an exemption from the 
                requirements of this section to the manufacturer of the 
                package or packaging component on the basis of either 
                criterion.
                    (B) Period.--If the Administrator determines that 
                circumstances warrant an exemption from the 
                requirements of this section, the Administrator may 
                grant an exemption for a period of 2 years.
                    (C) Renewal.--An exemption under paragraph (2) may, 
                on meeting either criterion under paragraph (1), be 
                renewed every 2 years.
            (3) Use of recycled materials.--During the 6-year period 
        beginning on the date of enactment of this Act, the 
        requirements of subsection (b) shall not apply to packaging and 
        any component thereof that would not exceed the concentration 
        levels in subsection (b) but for the addition of recycled 
        materials.
    (d) Certificate of Compliance.--
            (1) In general.--
                    (A) Requirement.--Not later than 2 years after the 
                date of enactment of this Act, the manufacturer or 
                supplier of packaging or any component thereof shall 
                furnish to each purchaser a certificate of compliance 
                stating that the packaging or packaging component is in 
                compliance with the requirements of this section.
                    (B) Exemptions.--If the manufacturer or supplier 
                claims an exemption under subsection (c), the 
                manufacturer or supplier shall state the specific basis 
                on which the exemption is claimed on the certificate of 
                compliance.
                    (C) Signature.--The certificate of compliance shall 
                be signed by an authorized official of the 
                manufacturing or supplying company.
                    (D) Retention of certificate by purchaser.--The 
                purchaser shall retain the certificate of compliance 
                for as long as the packaging is in use.
                    (E) Retention of copy by manufacturer or 
                supplier.--A copy of the certificate of compliance 
                shall be kept on file by the manufacturer or supplier 
                of the packaging or packaging component.
                    (F) Copies to administrator and public.--A copy of 
                the certificate of compliance shall be furnished to the 
                Administrator on request, and to members of the public 
                in accordance with subsection (e).
            (2) Amended or new certificate.--If the manufacturer or 
        supplier of packaging or packaging components reformulates or 
        creates a new package or packaging component, the manufacturer 
        or supplier shall provide an amended or new certificate of 
        compliance for the reformulated or new package or packaging 
        component.
    (e) Public Access.--
            (1) Request.--A request from a member of the public for a 
        copy of a certificate of compliance from the manufacturer or 
        supplier of packaging or components thereof shall be--
                    (A) in writing, with a copy provided to the 
                Administrator; and
                    (B) specific as to the package or packaging 
                component information requested.
            (2) Response to request.--A manufacturer shall respond to a 
        request that meets the requirements of paragraph (1) not later 
        than 60 days after receipt of the request.
    (f) Federal Enforcement.--Whenever on the basis of any information 
the Administrator determines that any person has violated or is in 
violation of this section, the Administrator may issue an order 
assessing a civil penalty in an amount not to exceed $25,000.
    (g) Nonpreemption.--Nothing in this section shall be construed so 
as to prohibit a State from establishing and enforcing a standard or 
requirement with respect to toxic metals in packaging that is more 
stringent than a standard or requirement relating to toxic metals in 
packaging established or promulgated under this section.
    (h) Regulations.--Not later than 18 months after the date of 
enactment of this Act, the Administrator shall promulgate regulations 
to carry out this section.

SEC. 6. PROHIBITION ON USE OF MERCURY AS A FUNGICIDE.

    The Federal Insecticide, Fungicide, and Reodenticide Act is amended 
is amended by adding the following new paragraph at the end of 
subsection (c) of section 3:
            ``(9) Fungicides containing phenyl- mercuric acetate.--The 
        Administrator may not register or reregister any fungicide 
        containing phenylmercuric acetate, and any registration of any 
        such fungicide prior to the enactment of this paragraph shall 
        cease to be effective on the date 60 days after the enactment 
        of this paragraph.''.

SEC. 7. USE AND DISPOSAL OF MERCURY BY DEPARTMENT OF DEFENSE.

    (a) Study of DOD Mercury Use.--The Administrator of the Comptroller 
General shall undertake a study of the use and disposal by the 
Department of Defense of mercury, both as a raw material and in 
products procured by the Department. Not later than 1 year after the 
enactment of this Act, the Administrator shall submit a report to the 
Congress containing the results of such study.
    (b) Reduction in Mercury Use.--Not later than 3 years after the 
enactment of this Act the Secretary of Defense shall submit to the 
Congress a program for reducing mercury use in military products.

SEC. 8. REQUIREMENTS FOR WASTE PROCESSORS AND DISPOSAL FACILITIES.

    (a) Incinerators.--(1) Subtitle D of the Solid Waste Disposal Act 
is amended by adding the following new section at the end thereof:

``SEC. 4011. PERMITS FOR INCINERATORS.

    ``After December 31, 1996, no Federal agency, State or local 
government, or other waste management jurisdiction may issue a permit 
(including a permit under section 129(e) of the Clean Air Act) or other 
prior approval for the construction or expansion of a municipal solid 
waste incinerator, unless the applicant for the permit or other 
approval completes, after public notice and comment, an environmental 
impact statement. Such statement shall be conducted in the same manner 
and in conformance with the same standards required for environmental 
impact statements under the National Environmental Policy Act (42 
U.S.C. 4321 et seq.) and must be approved by the State.''.
    (2) The table of contents for such Act is amended by adding the 
following new item after the item relating to section 4010:

``Sec. 4011. Permits for incinerators.''.
    (b) Separation of Mercury Containing Items.--(1) Section 4003 of 
the Solid Waste Disposal Act is amended as follows:
            (A) By adding the following at the end of subsection (a):
            ``(7) The plan shall provide for the separation, for 
        purposes of recycling, of mercury-containing items listed under 
        subsection (e) prior to disposal or treatment in any solid 
        waste treatment or disposal facility.''.
            (B) By adding the following new subsection at the end 
        thereof:
    ``(e) Separation of Mercury-Containing Items.--The Administrator 
shall, after notice and opportunity for public comment, publish a list 
of mercury-containing items to be separated from the waste stream prior 
to disposal or treatment in any solid waste treatment or disposal 
facility. Such list shall include, but shall not be limited to, 
batteries, fluorescent light bulbs, electrical switches, and 
thermostats.''.
    (2) Section 4007(a)(1) of the Solid Waste Disposal Act is amended 
by adding before the semicolon the following: ``(a) and it is revised 
within 2 years after the date of the enactment of the Mercury 
Environmental Risk and Comprehensive Utilization Reduction Initiative 
to meets the requirements of paragraph (7) of section 4003(a)''.

SEC. 9. SURCHARGE ON MERCURY AIR EMISSIONS.

    The Clean Air Act is amended as follows:
            (1) Section 112(c)(6) is amended by striking the last 
        sentence.
            (2) Section 502(b)(3)(A) is amended by striking ``and'' at 
        the end of clause (v), by striking period at the end of clause 
        (vi) and inserting ``, and'', and by adding the following new 
        clause at the end thereof:
                    ``(vii) in the case of electric utility steam 
                generating units (as defined in section 112), municipal 
                waste combustion units, and medical waste incineration 
                units, an additional fee of $500 per pound of mercury 
                emissions from the unit or such greater amount as the 
                Administrator deems necessary to cover the costs of 
                mercury reduction and remediation research under 
                section 103(l).''.
            (3) Section 103 is amended by adding the following new 
        section at the end thereof:
    ``(l) Mercury Emission Reduction and Remediation.--The 
Administrator shall undertake a program to research technologies 
available to reduce emissions of mercury into the ambient air and 
technologies to remediate mercury contamination. There are authorized 
to be appropriated to the Administrator to fund the costs of such 
program, and amount for each fiscal year equal to the amount estimated 
by the Secretary of the Treasury to be received in the Treasury from 
the fees imposed under section 502(b)(3)(A)(vii), adjusted by the 
Secretary to account for errors in such estimates for prior fiscal 
years.''.

SEC. 10. FDA STUDY OF MERCURY COMPOUNDS IN DRUGS AND FOOD.

    (a) List and Analysis.--The Secretary of Health and Human Services 
shall, through the Food and Drug Administration--
            (1) compile a list of drugs and foods that contain 
        intentionally introduced mercury compounds, and
            (2) provide a quantitative and qualitative analysis of the 
        mercury compounds in the list under paragraph (1).
The Secretary shall compile the list required by paragraph (1) within 2 
years after the date of the enactment of this section and shall provide 
the analysis required by paragraph (2) within of such date of 
enactment.
    (b) Study.--The Secretary of Health and Human Services, acting 
through the Food and Drug Administration, shall conduct a study of the 
effect on humans of the use of mercury compounds in nasal sprays. Such 
study shall include data from other studies that have been made of such 
use.
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