[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2910 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2910

    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

                            November 7, 1997

 Mr. Pallone (for himself, Mr. Sanders, and Mr. Allen) introduced the 
following bill; which was referred to the Committee on Commerce, and in 
     addition to the Committee on Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 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''.

Sec. 1. Short title and table of contents.
Sec. 2. Congressional findings and purposes.
Sec. 3. Battery recycling.
Sec. 4. Reduction of mercury in packaging.
Sec. 5. Prohibition on use of mercury as a fungicide.
Sec. 6. Use and disposal of mercury by Department of Defense.
Sec. 7. 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. 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. 4. 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) Nonpre-emption.--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. 5. 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 phenylmercuric 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. 6. 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. 7. 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, 1998, 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. 8. 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. 9. 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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