[Congressional Record Volume 142, Number 55 (Thursday, April 25, 1996)]
[Senate]
[Pages S4265-S4266]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACT

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of H.R. 2024 just 
received from the House.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2024) to phase out the use of the 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.
  Mr. SMITH. Mr. President, on September 19, 1995, the Senate 
unanimously passed the Mercury-Containing and Rechargeable Battery 
Management Act, S. 619. This legislation, which I introduced on March 
24, 1995, was cosponsored by Senators Lautenberg, Faircloth, McConnell, 
Lieberman, Simon, Mack, Bond, Graham, Warner, Reid, Inhofe, and Snowe. 
The purpose of this legislation was 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 addition to 
facilitating the recycling of rechargeable batteries made out of 
nickel-cadmium (Ni-Cd), my legislation also codified the phaseout of 
the use of mercury in batteries.
  The House of Representatives, on April 23, passed by voice vote under 
suspension, the House version of the battery bill, H.R. 2024. The House 
legislation, with the exception of some enforcement-related technical 
changes to the bill that were advocated by the Environmental Protection 
Agency, is virtually identical to the language contained in S. 619 that 
the Senate passed 7 months ago.
  For the benefit of my colleagues I should like to remind them of what 
this legislation is intended to do. Most notably the legislation--
  First, facilitates 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 not only is H.R. 2024 supported by the 
U.S. Conference of Mayors, the National Conference of State 
Legislatures, the Electronic Industries Association, the Portable 
Rechargeable Battery Association, the National Electrical Manufacturers 
Association, the National Retail Federation, and the North American 
Retail Dealers Association, but it is also supported by the 
Environmental Protection Agency.
  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 costeffective means to promote the reuse of 
our Nation's resources. Second, this legislation 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.
  Mr. President, passage of this legislation will not only provide a 
significant and positive step in removing potentially toxic heavy 
metals from our Nation's solid waste stream, but it will also provide a 
cost-effective and sensible method of protecting the environment. If we 
adopt H.R. 2024 today, this legislation can be quickly sent to 
President Clinton for his signature, and we can get to work to get 
these materials out of our solid waste stream and ensure protection of 
the environment. I urge its immediate adoption.
  Mr. CHAFEE. Mr. President, I rise in strong support and urge the 
adoption of H.R. 2024, the Mercury-Containing and Rechargeable Battery 
Management Act. The bill is nearly identical to S. 619, legislation 
introduced by Senator Smith, reported by the Environment

[[Page S4266]]

Committee and approved by the full Senate by voice vote on September 
21, 1995.
  H.R. 2024 is an industry initiative developed to respond to the 
environmental threats posed by used, spent batteries. The approach is 
twofold. First, the bill promotes the recycling of rechargeable 
batteries through uniform labeling requirements and streamlined 
regulations for battery collection programs. Second, the bill limits 
mercury content in and phases out the use of mercury in certain 
batteries.
  The bill is straightforward and contains two titles. Title I would 
facilitate the efficient recycling of nickel-cadmium rechargeable 
batteries, small lead-acid rechargeable batteries, and rechargeable 
batteries used in consumer products through: One, uniform battery 
labeling requirements; two, streamlined regulatory requirements for 
battery collection programs; and three, the elimination of barriers to 
funding voluntary industry collection programs.
  Title II is intended to phase out the use of mercury in batteries, 
thus reducing the threat this material poses to our air and 
groundwater.
  H.R. 2024 and its Senate companion S. 619 are prime examples of 
industry's concern for the environment. The legislation is an excellent 
example of a point that I have made many times: protection of the 
environment and a strong economy go hand in hand. By providing a 
coherent national system for labeling batteries and products, requiring 
the easy removability of batteries from consumer products, and 
streamlining Federal regulations, the Mercury-Containing and 
Rechargeable Battery Management Act will provide States, localities, 
consumers, and industry the opportunity to join together to achieve 
greater environmental protection without imposing burdens on the States 
or local taxpayers. In fact, the bill will generate substantial savings 
for Federal, State, and local entities and commercial operations that 
ship batteries due to the lower cost associated with the bill's 
streamlined requirements.
  H.R. 2024 is legislation supported by the Portable Rechargeable 
Battery Association and the National Electrical Manufacturers 
Association. In addition, the administration has expressed its support 
for the bill. I am convinced that H.R. 2024 will result in greater 
protection of our environment and I urge its adoption.
  Mr. LAUTENBERG. Mr. President, I rise to join Senator Chafee and 
Senator Smith in supporting H.R. 2024, 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.
  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.
  Mr. KEMPTHORNE. I ask unanimous consent that the bill be deemed read 
for the third time, passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill appear at the 
appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (H.R. 2024) was deemed read for the third time, and 
passed.

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