[Congressional Record Volume 141, Number 148 (Thursday, September 21, 1995)]
[Senate]
[Pages S14100-S14105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 MERCURY-CONTAINING BATTERY MANAGEMENT

  Mr. BENNETT. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 1882, S. 619.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 619) 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.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Environment and Public 
works, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                 S. 619

       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.

       [In] 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--

[[Page S 14101]]

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

[[Page S 14102]]
     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 
     [3(3)(C)] 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 [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] 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.))

  Mr. SMITH. Mr. President, today the Senate is considering S. 619, the 
Mercury-Containing and Rechargeable Battery Management Act. I 
introduced this measure on March 24, 1995, along with Senators 
Lautenberg, Faircloth, McConnell, Lieberman, Simon, Mack, Bond, Graham, 
Warner, and Reid as original cosponsors. In addition, Senator Inhofe 
and Senator Snowe cosponsored the bill following its introduction. This 
legislation is urgently needed to remove Federal barriers detrimental 
to much-needed State and local recycling programs for batteries 
commonly found in cordless products such as portable telephones, laptop 
computers, tools, and toys. In order to respond to this urgent need, 
the Senate Committee on Environment and Public Works reported S. 619 
out of the committee, by voice vote, on August 2, 1995.
  Since 1992, Federal battery legislation has been approved in various 
congressional forums, including full Senate passage in 1994, but it did 
not become law because the legislation that it was attached to did not 
move forward. S. 619 which is virtually identical 

[[Page S 14103]]
to the Senate passed provisions last year, would: First, facilitate the 
efficient and cost effective collection and recycling or proper 
disposal of used nickel cadmium [Ni-Cd] and certain other batteries by: 
(a) Establishing a coherent national system of labeling for batteries 
and products; (b) streamlining the regulatory requirements for battery 
collection programs for regulated batteries; and (c) encouraging 
voluntary industry programs by eliminating barriers to funding the 
collection and recycling or proper disposal of used rechargeable 
batteries; and second, phase out the use of mercury in batteries.
  I am pleased to report that the U.S. Conference of Mayors, at its 
June meeting, passed a resolution in support of S. 619. As the 
resolution recognized, passage of this legislation will decrease the 
quantities of mercury and cadmium contributed to the environment by dry 
cell batteries. In addition, S. 619 will facilitate implementation of 
State battery laws in the 13 States that have enacted such provisions. 
These States are New Hampshire, Rhode Island, New Jersey, California, 
Connecticut, Florida, New York, Iowa, Oregon, Maine, Vermont, 
Minnesota, and Maryland. The bill also will assist all other States in 
moving forward with an industry financed and developed national battery 
collection program.
  Mr. President, although industry has developed a national collection 
program to comply with these laws, without enactment of a Federal bill, 
EPA's current regulatory requirements preclude industry from fully 
implementing this program and from complying with the State collection 
requirements. Regulatory changes currently under consideration, even if 
promulgated, will not provide the necessary solution. Additional 
lengthy rulemaking procedures would also be necessary to make the 
regulation operational on a national basis. Further, we would still 
lack a coherent national system of labeling, which is necessary to 
facilitate nationwide marketing of batteries and products while 
advancing a national battery collection program. Federal legislation is 
the only real solution to removing the barriers to complying with State 
battery recycling laws, and to achieving a comprehensive recycling 
program.
  The prompt passage of this bipartisan legislation will achieve a 
number of important goals. First, by establishing uniform national 
standards to promote the recycling and reuse of rechargeable batteries, 
this legislation provides a cost effective means to promote the reuse 
of our Nation's resources. Second, our bill will further strengthen 
efforts to remove these potentially toxic heavy metals from our 
Nation's landfills and incinerators. Not only will this lower the 
threat of groundwater contamination and toxic air emissions, but it 
will also significantly reduce the threat that these materials pose to 
the environment. Third, this legislation represents an environmentally 
friendly policy choice that was developed as the result of a strong 
cooperative effort between the States, environmental groups and the 
affected industries. Our bill is strongly supported by the Electronic 
Industries Association [EIA], the Portable Rechargeable Battery 
Association [PRBA], and the National Electrical Manufacturers 
Association [NEMA]. For all of the reasons cited above, I believe that 
this legislation provides a substantial win-win from both an 
environmental as well as an economic standpoint.
  Mr. President, I believe this bill represents a significant and 
positive step in removing potentially toxic heavy metals from our 
Nation's solid waste stream, and I urge its immediate adoption.
  Mr. LAUTENBERG. Mr. President, I rise to join Senator Chafee and 
Senator Smith in supporting S. 619, the Mercury-Containing and 
Rechargeable Battery Management Act.
  The bill is based on the bipartisan bill that I sponsored with 
Senators Faircloth, Lieberman, Reid and Graham during the last 
Congress.
  Mr. President, this legislation is an important step in our efforts 
to control the amount of toxic wastes entering the waste stream. 
Specifically it deals with mercury, cadmium and lead which are 
contained in some battery casing. These materials pose no risk while a 
battery is in use. But they can be a significant concern when discarded 
in our solid waste stream.
  Cadmium, which is used in the electrodes of rechargeable nickel-
cadmium batteries, can cause kidney and liver damage.
  Mercury exposure can cause significant damage to the nervous system 
and kidneys. It has also been linked to decreased motor functions and 
muscle reflexes, memory loss, headaches and brain function disorders. 
And when mercury enters the aquatic environment, it can form methyl 
mercury, which is extremely toxic to both humans and wildlife.
  Although dry cell batteries account for less than one tenth of 1 
percent of the 180 billion tons of garbage we generate each year, dry 
cell batteries have been significant sources of mercury, cadmium, and 
lead in our waste stream.
  According to a New York State report, mercury batteries accounted for 
85 percent of the mercury, and rechargeable batteries accounted for 68 
percent of the cadmium, in New York's solid waste.
  In landfills, dry cell batteries can break down to release their 
toxic contents and contaminate our waters. In incinerators, the 
combustion of dry cell batteries containing toxic metals leads to 
elevated toxic air emissions, and has increased the concentrations of 
toxic metals in the resulting fly and bottom ash.
  This bill, by limiting the amount of toxics used in primary batteries 
and creating a recycling program for rechargeable nickel cadmium, will 
remove a significant source of toxics from our landfills.
  Besides widespread bipartisan support, this bill is supported by the 
Portable Rechargeable Battery Association, and the National Electrical 
Manufacturers Association. I urge speedy approval of this measure.
  Mr. BENNETT. I ask unanimous consent that the committee amendments be 
adopted, the bill then be deemed read a third time, passed, the motion 
to reconsider be laid upon the table, and that any statements relating 
to the bill be placed at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (S. 619) was deemed to have been read three times and 
passed.

                                 S. 619

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) it is in the public interest to--
       (A) phase out the use of mercury in batteries and provide 
     for the efficient and cost-effective collection and recycling 
     or proper disposal of used nickel cadmium batteries, small 
     sealed lead-acid batteries, and other regulated batteries; 
     and
       (B) educate the public concerning the collection, 
     recycling, and proper disposal of such batteries;
       (2) uniform national labeling requirements for regulated 
     batteries, rechargeable consumer products, and product 
     packaging will significantly benefit programs for regulated 
     battery collection and recycling or proper disposal; and
       (3) it is in the public interest to encourage persons who 
     use rechargeable batteries to participate in collection for 
     recycling of used nickel-cadmium, small sealed lead-acid, and 
     other regulated batteries.

     SEC. 3. DEFINITIONS.

       For purposes of this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Button cell.--The term ``button cell'' means a button- 
     or coin-shaped battery.
       (3) Easily removable.--The term ``easily removable'', with 
     respect to a battery, means detachable or removable at the 
     end of the life of the battery--
       (A) from a consumer product by a consumer with the use of 
     common household tools; or
       (B) by a retailer of replacements for a battery used as the 
     principal electrical power source for a vehicle.
       (4) Mercuric-oxide battery.--The term ``mercuric-oxide 
     battery'' means a battery that uses a mercuric-oxide 
     electrode.
       (5) Rechargeable battery.--The term ``rechargeable 
     battery''--
       (A) means 1 or more voltaic or galvanic cells, electrically 
     connected to produce electric energy, that is designed to be 
     recharged for repeated uses; and
       (B) includes any type of enclosed device or sealed 
     container consisting of 1 or more such cells, including what 
     is commonly called a battery pack (and in the case of a 
     battery pack, for the purposes of the requirements of 

[[Page S 14104]]
     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 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, 
     if the battery or product was manufactured on or after the 
     date that is 12 months after the date of enactment of this 
     Act, unless the labeling requirements of subsection (b) are 
     met and, in the case of a regulated battery, the regulated 
     battery--
       (A) is easily removable from the rechargeable consumer 
     product; or
       (B) is sold separately.
       (2) Application.--Paragraph (1) does not apply to any of 
     the following:
       (A) The sale of a remanufactured product unit unless 
     paragraph (1) applied to the sale of the unit when originally 
     manufactured.
       (B) The sale of a product unit intended for export purposes 
     only.
       (b) Labeling.--Each regulated battery or rechargeable 
     consumer product without an easily removable battery 
     manufactured on or after the date that is 1 year after the 
     date of enactment of this Act, whether produced domestically 
     or imported, shall bear the following labels:
       (1) 3 chasing arrows or a comparable recycling symbol.
       (2)(A) On each regulated battery 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 
     batteries, ``Pb'' or the words ``LEAD'', ``RETURN'', and 
     ``RECYCLE'' and if the regulated battery is sealed, the 
     phrase ``BATTERY MUST BE RECYCLED.''.
       (3) On each rechargeable consumer product containing a 
     regulated battery that is not easily removable, the phrase 
     ``CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE RECYCLED 
     OR DISPOSED OF PROPERLY.'' or ``CONTAINS SEALED LEAD BATTERY. 
     BATTERY MUST BE RECYCLED.'', as applicable.
       (4) On the packaging of each rechargeable consumer product, 
     and the packaging of each regulated battery sold separately 
     from such a product, unless the required label is clearly 
     visible through the packaging, the phrase ``CONTAINS NICKEL-
     CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF 
     PROPERLY.'' or ``CONTAINS SEALED LEAD BATTERY. BATTERY MUST 
     BE RECYCLED.'', as applicable.
       (c) Existing or Alternative Labeling.--
       (1) Initial period.--For a period of 2 years after the date 
     of enactment of this Act, regulated batteries, rechargeable 
     consumer products containing regulated batteries, and 
     rechargeable consumer product packages that are labeled in 
     substantial compliance with subsection (b) shall be deemed to 
     comply with the labeling requirements of subsection (b).
       (2) Certification.--
       (A) In general.--On application by persons subject to the 
     labeling requirements of subsection (b) or the labeling 
     requirements promulgated by the Administrator under 
     subsection (d), the Administrator shall certify that a 
     different label meets the requirements of subsection (b) 
     or (d), respectively, if the different label--
       (i) conveys the same information as the label required 
     under subsection (b) or (d), respectively; or
       (ii) conforms with a recognized international standard that 
     is consistent with the overall purposes of this title.

[[Page S 14105]]

       (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 
     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 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.)).

     

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