[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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