[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 619 Reported in Senate (RS)]





                                                       Calendar No. 182

104th CONGRESS

  1st Session

                                 S. 619

                          [Report No. 104-136]

_______________________________________________________________________

                                 A BILL

   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.

_______________________________________________________________________

                            August 30, 1995

                        Reported with amendments





                                                       Calendar No. 182
104th CONGRESS
  1st Session
                                 S. 619

                          [Report No. 104-136]

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 24 (legislative day, March 23), 1995

 Mr. Smith (for himself, Mr. Lautenberg, Mr. Faircloth, Mr. McConnell, 
 Mr. Simon, Mr. Mack, Mr. Bond, Mr. Graham, Mr. Lieberman, Mr. Warner, 
  Mr. Reid, Mr. Inhofe, and Ms. Snowe) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                            August 30, 1995

   Reported under authority of the order of the Senate of August 11 
    (legislative day, July 10), 1995, by Mr. Chafee, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
   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.

    <DELETED>In </DELETED>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, the Administrator--
            (1) in the case of a willful violation, may issue an order 
        assessing a civil penalty of not more than $10,000 for each 
        violation and requiring compliance immediately or within a 
        reasonable specified time period, or both; or
            (2) in the case of any violation, 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.
    (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 Provisions.--The Administrator may not take any 
enforcement action against a person for selling, offering for sale, or 
offering for promotional purposes to the final consumer a battery or 
product governed by this Act that was--
            (1) purchased ready for final sale; and
            (2) sold, offered for sale, or offered for promotional 
        purposes without modification.
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 
        <DELETED>subparagraph (A), (B), or (C) </DELETED>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.

    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, 
        <DELETED>which </DELETED>if the battery or product was 
        manufactured on or after the date that is 12 months after the 
        date of enactment of this Act, <DELETED>unless--
                </DELETED>    (A) in the case of a regulated battery, 
                the regulated battery--
                        </DELETED>    (i) is easily removable from the 
                        rechargeable consumer product; or
                        </DELETED>    (ii) is sold separately; and
                </DELETED>    (B) in the case of a regulated battery or 
                rechargeable consumer product, the labeling 
                requirements of subsection (b) are met.
        </DELETED>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 
        <DELETED>a sale of </DELETED>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<DELETED>; or </DELETED>.
                    (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 <DELETED>be labeled 
with--</DELETED> bear the following labels:
            (1)<DELETED>(A) </DELETED>3 chasing arrows or a comparable 
        recycling symbol<DELETED>; </DELETED>.
            <DELETED>(B)(i) on each nickel-cadmium battery, the 
        chemical name or the abbreviation ``Ni-Cd''; and
        </DELETED>    (ii) on each lead-acid battery, ``Pb'' or the 
        words ``LEAD'', ``RETURN'', and ``RECYCLE'';
        </DELETED>    (C) on each nickel-cadmium regulated battery, the 
        phrase ``BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.''; 
        and
        </DELETED>    (D) on each sealed lead acid regulated battery, 
        the phrase ``BATTERY MUST BE RECYCLED.'';
        </DELETED>    (2)(A) On each regulated battery that 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 that is a lead-acid batters, 
        ``Pb'' or the words ``LEAD'', ``RETURN'', and ``RECYCLE'' and 
        if the regulated battery is sealed, the phrase ``BATTERY MUST 
        BE RECYCLED.''.
            <DELETED>(2) on </DELETED>(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<DELETED>; and </DELETED>.
            <DELETED>(3) on </DELETED>(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.

    For the purposes of carrying out the collection, storage, 
transportation, and recycling or proper disposal of used rechargeable 
batteries, batteries described in section <DELETED>3(3)(C) 
</DELETED>3(5)(C) or in title II, and used rechargeable
 consumer products containing rechargeable batteries that are not 
easily removable rechargeable batteries, persons involved in 
collecting, storing, or transporting such batteries or products to a 
facility for recycling or proper disposal shall, notwithstanding any 
other law, be regulated in the same manner and with the same 
limitations as if the persons were collecting, storing, or transporting 
<DELETED>batteries subject to subpart G of part 266 of title 40, Code 
of Federal Regulations, as in effect on January 1, 1993, except that 
sections 264.76, 265.76, and 268.7 of that title shall not apply 
</DELETED>spent lead acid batteries that are recyclable materials 
subject to regulations of the Environmental Protection Agency under 
subpart G of part 266 of title 40, Code of Federal Regulations, as in 
effect on January 1, 1995, except that the requirements of title 40 
relating to unmanifested waste reports (40 CFR 264.76 and 265.76) and 
to waste analysis and recordkeeping (40 CFR 268.7) shall not apply.

SEC. 105. COOPERATIVE EFFORTS.

    Notwithstanding any other law, if 2 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, 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 on such cost information as 
is collected during the project or program.

          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 
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 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, 
1996, 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 January 1, 1996.

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

    (a) Prohibition.--On or after January 1, 1996, 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--
            (1) identifies a collection site 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. 
6291 et seq.)).
S 619 RS----2