[Senate Report 104-136]
[From the U.S. Government Publishing Office]
Calendar No. 182
104th Congress Report
SENATE
1st Session 104-136
_______________________________________________________________________
MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACT
_______
August 30, 1995.--Ordered to be printed
Filed under authority of the order of the Senate of August 11
(legislative day, July 10), 1995
_______________________________________________________________________
Mr. Chafee, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 619]
The Committee on Environment and Public Works, to which was
referred the bill (S. 619), a bill to phase out the use of
mercury in batteries and provide for the efficient and cost-
effective collection and recycling or proper disposal of used
nickel cadmium batteries, small sealed lead-acid batteries and
certain other batteries, and for other purposes, having
considered the same, reports favorably thereon with amendments
and recommends that the bill do pass.
General Statement
A battery is a device that converts the chemical energy
contained in its active chemicals directly into electric energy
by means of an electrochemical reaction. A substantial domestic
power source, many currently manufactured batteries, including
nickel-cadmium cells, do however present difficult post-use
disposal options due to their chemical components. Accordingly,
a primary objective of S. 619 is to facilitate an industry
developed, financed and administered national collection
program for nickel-cadmium batteries.
Americans use approximately 2.5 billion dry cell batteries
each year. While this accounts for a minute portion of the
amount of solid waste generated each year, such batteries
represent a significant source of mercury and cadmium to the
waste stream. Dry cell batteries disposed of in landfills often
breakdown over time, releasing their toxic contents to
groundwater resources. In incinerators, the combustion of dry
cell batteries causes toxic air emissions and increases the
concentration of toxic metals in the resulting fly ash and
bottom ash.
Dry cell batteries fall into two major categories: primary
batteries and secondary batteries. Primary batteries include
disposable alkaline manganese and zinc carbon types commonly
used in flashlights, radios and toys. Primary batteries do not
typically contain toxic metals such as lead and cadmium in the
makeup of their electrodes (terminals conducting electric
current). Instead most primary batteries incorporate relatively
small amounts of metals to suppress the formation of dangerous
gases in the battery and to extend battery life.
The exception to this among primary batteries is the
mercuric-oxide cell. These batteries are unique, utilizing
mercuric-oxide to provide a relatively constant voltage over
the life of the battery. A substantial amount of medical,
military, computer and other equipment require constant voltage
in order to operate. Mercuric-oxide alternatives, however, are
increasingly being used in the market.
Secondary batteries, also known as rechargeable cells,
include heavy metal nickel-cadmium and sealed lead batteries.
These batteries are usually marketed along with products, most
often with external rechargers. In addition, secondary
batteries were often permanently installed into a variety of
portable tools and appliances.
Working to protect the environment and preserve natural
resources, companies manufacturing and selling rechargeable
batteries and products have developed a voluntary national
program to collect and recycle nickel-cadmium batteries. To
operate this collection and recycling program, industry has
established the nonprofit Rechargeable Battery Recycling
Corporation (RBRC). License fees paid by nickel-cadmium battery
and product manufacturers to place the RBRC seal on batteries
and products fund the program.
The myriad of diverse State labeling and collection
regulations across the country as well as Federal waste
regulations have precluded the RBRC from fully implementing the
collection and recycling program. Thirteen States have enacted
legislation requiring that nickel-cadmium and small lead-acid
batteries be labeled and are ``easily removable'' from consumer
products. In addition, Federal regulations defined as hazardous
waste small batteries which are commonly used in such products
as telephones, toys, laptop computers and tools. As a result,
the collection and shipment of such batteries by retailers and
municipal authorities was severely limited. Although the
Environmental Protection Agency's recent promulgation of the
Universal Waste Rule may ultimately provide some regulatory
relief, it does not provide complete or prompt assistance. Due
to limited rulemaking resources, it is expected to take years
before States can adopt the necessary regulations to implement
the Federal rule.
By providing a coherent national system for labeling
batteries and products, requiring the easy removability of
batteries from consumer products and streamlining Federal
regulations, S. 619 will afford States, localities, consumers
and industry the opportunity to join together to achieve a
sound environmental program without imposing burdens on the
State or the taxpayer. In fact, according to the RBRC, S. 619
would generate substantial savings for Federal, State and local
entities and commercial operations that ship nickel-cadmium
batteries due to the lower shipping costs associated with the
streamlined requirements.
The Portable Rechargeable Battery Association (PRBA), the
National Electrical Manufacturers Association (NEMA), and the
Electronic Industries Association (EIA) support S. 619. In
addition, the U.S. Conference of Mayors, at its June 1995
meeting, adopted a resolution in support of S. 619.
Summary
S. 619 is intended to respond to the environmental threats
posed by used, spent batteries. The approach is two-fold.
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.
Title I of S. 619 would facilitate the efficient recycling
or proper disposal of used nickel-cadmium rechargeable
batteries, used small lead-acid rechargeable batteries, other
regulated batteries and such rechargeable batteries in used
consumer products by:
1) mandating uniform labeling requirements;
2) prohibiting the sale of regulated batteries that
are not easily removable from rechargeable consumer
products;
3) streamlining regulatory requirements for battery
collection programs; and
4) eliminating barriers to funding the collection and
recycling or proper disposal of used rechargeable
batteries.
Title II is intended to reduce the environmental threat
posed by mercury-containing batteries by prohibiting the sale
of certain batteries containing mercury, limiting the amount of
mercury allowed in certain batteries and mandating stringent
disposal/recycling information requirements for the sale of
certain batteries containing mercury.
Section-by-Section Analysis
Sec. 1. Short Title
Section 1 establishes the short title of the bill as the
``Mercury-Containing and Rechargeable Battery Management Act''.
Sec. 2. Congressional Findings
Section 2 finds that it is in the public interest to
phaseout the use of mercury in batteries and provide for
efficient and cost effective collection and recycling or proper
disposal of certain batteries; that uniform national labeling
of certain batteries will significantly benefit recycling
programs; and that battery recycling programs are to be
encouraged.
Sec. 3. Definitions
Section 3 includes definitions for the following terms used
in the bill: ``Administrator'', ``button cell'', ``easily
removable'', ``mercuric oxide battery'', ``rechargeable
battery'', ``rechargeable consumer product'', ``regulated
battery'', and ``remanufactured product''.
The exclusions from the definition of rechargeable battery
in paragraph 5(C) cover lead-acid batteries used by vehicles
and electric power generators; rechargeable alkaline batteries,
(such batteries are subject to Section 203's mercury
requirements); and batteries built into products to deal with
power failures and fluctuations. The paragraph 5(C)(iii)
exemption and the corresponding product exemption in paragraph
6(B) do not apply to external uninterruptible power supply
devices or their batteries.
Sec. 4. Information Dissemination
Section 4 requires the Administrator of the Environmental
Protection Agency to establish a program to provide information
to the public on proper handling and disposal of used batteries
and rechargeable consumer products with nonremovable batteries.
Sec. 5. Enforcement
Section 5 provides civil enforcement authority to the
Administrator in cases where the Administrator has determined
that a person has violated or is in violation of any
requirement of the Act. In the case of a willful violation, the
Administrator may assess a civil penalty not to exceed $10,000
for each violation. This section also clarifies that the
Administrator may not take any enforcement action against a
retailer for selling, offering for sale, or offering for
promotional purposes to the final consumer, an unmodified
battery or product governed by the Act that was purchased ready
for final sale, and sold, offered for sale or offered for
promotional purposes.
Sec. 6. Information Gathering and Access
Section 6 authorizes the imposition of record keeping
requirements for those subject to the Act (battery
manufacturers or their agents), and provides the Administrator
with information gathering authority on battery collection and
recycling.
Sec. 7. State Authority
Section 7 preserves State authority to enact and enforce
standards or requirements more stringent than a standard or
requirement established or promulgated under this Act, except
as provided in sections 103(e) and 104.
Sec. 8. Authorization of Appropriations
Section 8 authorizes to be appropriated such sums as
necessary to implement the requirements of this Act.
Title I. Rechargeable Battery Recycling Act
Sec. 101. Short Title
Section 101 establishes the short title of Title I as the
``Rechargeable Battery Recycling Act''.
Sec. 102. Purpose
Section 102 lists the purpose of Title I as facilitating
the efficient recycling of used nickel-cadmium rechargeable
batteries, used small sealed lead-acid rechargeable batteries,
and such rechargeable batteries in used consumer products,
through uniform labeling requirements, streamlined regulatory
requirements for regulated battery collection programs, and
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
Section 103 sets forth standards and labeling requirements
for rechargeable consumer products and regulated batteries.
Section 103(a) prohibits the sale, 1 year after date of
enactment, in the United States of any regulated battery
(defined as a rechargeable battery that contains cadmium or a
lead electrode or any combination of cadmium and lead
electrodes or contains other electrode chemistries and is
subject of a determination by the Administrator under section
103(d)) unless the battery is sold separately or is easily
removable from a rechargeable consumer product, and in the case
of a regulated battery or rechargeable consumer product, the
labeling requirements of subsection (b) are met.
Section 103(b) lists the labeling requirements for
regulated batteries, rechargeable consumer products,
rechargeable consumer products without an easily removable
battery, and the packaging of rechargeable consumer products
and regulated batteries sold separately from such a product.
The requirements are mandatory for batteries and products
manufactured 1 year after date of enactment.
Section 103(c) provides that for a period of 2 years after
date of enactment, those regulated batteries, consumer products
and packages that are labeled in substantial compliance with
subsection (b) shall be deemed to comply with the labeling
requirements of subsection (b). In addition, subsection (c)
provides the Administrator with the authority, upon application
by an entity subject to the labeling requirements, to certify
that a different label meets the requirements of subsection (b)
or (d).
Section 103(d) provides the Administrator with the
authority, after public comment, to promulgate labeling
requirements for: batteries with different electrode
chemistries from regulated batteries, rechargeable consumer
products containing such batteries that are not easily
removable, and packaging for the batteries and products; and to
promulgate requirements for easy removability of regulated
batteries from rechargeable consumer products if the
Administrator determines that the 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.
Section 103(e) provides that 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 requirements or regulations set forth in
subsections (a), (b), (c) or (d).
Section 103(f) provides the authority and sets forth the
procedure for the Administrator to grant exceptions to the easy
removability requirements under subsection (a).
Sec. 104. Requirements
Section 104 applies Subpart G of part 266 of title 40 of
the Code of Federal Regulations to used rechargeable batteries,
batteries described in Section 3(5)(C) or title II, and used
rechargeable consumer products containing rechargeable
batteries that are not easily removable, for the purposes of
streamlining the collection, storage, transportation, recycling
or proper disposal of such items.
In short, Section 104 allows for the collection,
transportation, and storage of the above mentioned items
without the Resource Conservation and Recovery Act (RCRA)
requirements designed for hazardous wastes: manifesting,
special storage and transportation rules, record keeping and
registration with the Environmental Protection Agency. In
effect, Section 104 applies the Subpart G provisions, which are
currently applicable to only lead-acid batteries, to the new
rechargeable battery technologies (particularly nickel-cadmium
batteries), which were not in general use when Subpart G was
adopted in 1980.
Sec. 105. Cooperative Efforts
Section 105 grants authority for two or more persons,
provided they inform the Administrator of their intent, to
develop jointly or share in the costs of participating in
projects or programs to collect and properly manage used
rechargeable batteries or products powered by rechargeable
batteries. The entities may examine and rely upon cost
information collected by the program. The purpose of this
provision is to facilitate industry information sharing.
Title II. Mercury Containing Battery Management Act
Sec. 201. Short Title
Section 201 establishes the short title of Title II as the
``Mercury-Containing Battery Management Act''.
Sec. 202. Purpose
Section 202 states the purpose of Title II as phasing out
the use of batteries containing mercury.
Sec. 203. Limitations on the Sale of Alkaline-Manganese Batteries
Containing Mercury
Section 203 prohibits any person from selling, offering for
sale, or offering 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 which may be incidentally present in
other materials), except that the limitation on mercury content
in alkaline-manganese button cell batteries shall be not more
than 25 milligrams of mercury per button cell.
Sec. 204. Limitations on the Sale of Zinc-Carbon Batteries Containing
Mercury
Section 204 prohibits any person from selling, offering for
sale, or offering for promotional purposes any zinc-carbon
battery manufactured on or after January 1, 1996, that contains
any mercury that was intentionally introduced.
Sec. 205. Limitations on the Sale of Button Cell Mercuric-Oxide
Batteries
Section 205 prohibits any person from selling, offering for
sale, or offering for promotional purposes in the United States
any button cell mercuric-oxide battery on or after January 1,
1996.
Sec. 206. Limitations on the Sale of Other Mercuric-Oxide Batteries
Section 206 prohibits any person from selling, offering for
sale, or offering for promotional purposes, on or after January
1, 1996, nonbutton cell mercuric-oxide batteries for use in the
United States unless the battery manufacturer (1) identifies a
collection site that has all required government approvals, to
which persons may send used mercuric-oxide batteries for
recycling or proper disposal; and (2) informs each of its
purchasers of such batteries of such identified collection
site; and (3) informs each of its purchasers of such batteries
of a telephone number that the purchaser may call to obtain
information about sending mercuric-oxide batteries for
recycling or proper disposal. This section does not apply to
mercuric-oxide button cell batteries. Section 206 recognizes
that some unique voltage situations, including many medical and
military applications, require the use of mercuric-oxide
batteries. As a result, the bill allows for the use of such
batteries albeit under strict information requirements for
recycling and or disposal criteria.
Sec. 207. New Product or Use
Section 207 allows persons proposing a new use for battery
technology covered by this title or the use of any such battery
in a new product to petition the Administrator for an exemption
from this title. The Administrator may grant such an exemption,
and, if appropriate, require that reasonable safeguards exist
to assure that such batteries will not be disposed of in
incinerators, composting facilities, or landfills (other than a
RCRA-regulated facility).
Hearings
The Committee did not hold a hearing on the reported bill,
however, similar Federal battery legislation has been approved
in the House and Senate since 1992. In 1994, legislation
similar to S. 619 was approved by the Senate as part of S. 729,
the Lead Exposure Reduction Act. S. 729 was not acted upon by
the full House. In 1992, battery legislation was approved by
the House Energy and Commerce Committee and the Senate
Environment and Public Works Committee as part of the
reauthorization of the Resource Conservation and Recovery Act.
That legislation did not move forward in either the House or
Senate.
Markups
The Environment and Public Works Committee held one markup
on S. 619 on August 2, 1995.
Rollcall Votes
Section 7(b) of rule XXVI of the Standing Rules of the
Senate requires that any rollcall votes taken during the
Committee's consideration of the bill be noted in the report.
No rollcall votes were taken on the bill noted in the
report. The bill was ordered reported by voice vote with a
quorum present on August 2, 1995.
Evaluation of Regulatory Impact
Section 11(b) of rule XVI of the Standing Rules of the
Senate requires publication in the report the committee's
estimate of the regulatory impact made by the bill as reported.
That estimate follows:
The bill as reported requires regulated battery
manufacturers, mercury-containing battery manufacturers and
rechargeable consumer product manufacturers to provide uniform
battery and product labeling for the purposes of collection,
storage, transportation, recycling or 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. In addition, the bill limits mercury content in and
phases out the use of mercury in certain batteries.
Consistent with Congressional authority to regulate
interstate commerce, S. 619 provides the Environmental
Protection Agency with minimal regulatory authority to
establish record keeping and reporting requirements to carry
out the objectives of the bill. Furthermore, the bill provides
the Administrator of the Environmental Protection Agency with
the authority to promulgate additional labeling and easy
removability requirements for batteries with different
electrode chemistries that are toxic and may cause substantial
harm. Finally, the bill provides civil enforcement authority to
the Administrator in cases where the Administrator has
determined that a person has violated or is in violation of any
requirement of the Act.
The primary impact of S. 619, however, is to ease the
burden of current regulatory requirements. The bill streamlines
current RCRA regulations applying to collection, storage,
transportation, recycling or 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.
Specifically, Section 104 applies 40 CFR Part 266, Subpart G,
currently applicable only to lead-acid batteries to the items
listed in the bill. In addition, Section 104 eliminates the
waste analysis and record keeping provisions of 40 CFR 268.7.
As a result, the bill will allow for collection, transportation
and storage without RCRA requirements for manifesting, special
storage and transportation rules, extensive record keeping and
EPA registration. States, localities, the Federal Government
and commercial entities that ship used batteries will be
afforded the benefits of such regulatory streamlining. Finally,
enactment of S. 619 will obviate the need for States to adopt
regulations or laws in order to participate in a national
nickel-cadmium battery collection program.
Cost of the Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. Attached is an analysis of the cost of
the legislation from the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 10, 1995
Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed S. 619, the Mercury-Containing and Rechargeable
Battery Management Act, as ordered reported by the Senate
Committee on Environment and Public Works on August 2, 1995.
CBO estimates that this bill would not have a significant
impact on the Federal budget, because it does not require any
new regulatory actions. Because the bill could affect receipts,
pay-as-you go procedures would apply. However, CBO estimates
that any change in receipts would be insignificant. Finally,
the bill would not impose any new enforceable duties on State
and local governments and could produce some savings for them.
Bill Purpose. S. 619 would prohibit the sale of certain
consumer products with rechargeable batteries unless labeling
requirements specified in the bill are met. Under some
circumstances, the Environmental Protection Agency (EPA) could
grant 2-year exemptions from this requirement. Section 104
would exempt persons involved in the collection, storage,
transportation, and recycling or proper disposal of certain
rechargeable batteries from regulations governing hazardous
waste. Title II would prohibit the sale of batteries containing
mercury that was intentionally introduced during the
manufacturing process.
Impact on the Federal Budget. The bill would require EPA to
enforce the provisions of this bill, to provide information to
the public concerning proper handling and disposal of certain
used rechargeable batteries, and to respond to petitions from
manufacturers for exemption from the battery labeling
requirements defined by S. 619. Based on information from the
Agency, we estimate these activities would cost less than
$500,000 annually.
Section 5 could increase governmental receipts by creating
new civil penalties under the provisions of the bill enforced
by the EPA. CBO estimates that any such increase would be less
than $500,000 annually.
Impact on State and Local Governments. The bill would not
impose any new enforceable duties on State and local
governments and could produce some savings for them. In May
1995, EPA issued its universal waste rule, which provides an
exemption to handlers of rechargeable batteries similar to the
exemption in Section 104 of this bill. However, in order to
adopt the rule, each State authorized to administer and enforce
the Resource Conservation and Recovery Act (RCRA) program must
go through its own rulemaking procedure, which can take from 1
to 3 years. Because this bill would provide the exemption
immediately upon enactment, State and local governments that
use rechargeable batteries would begin paying lower handling
costs 1 to 3 years earlier than under current law. Annual
savings for State and local governments during that time period
would he a small portion of the $30 million annual national
savings that EPA has estimated for the exemption in its
universal waste rule.
If you wish farther details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Kim Cawley,
who can be reached at 226-2860, and for State and local costs,
Pepper Santalucia, who can be reached at 225-3220.
Sincerely,
June E. O'Neill, Director.
Changes in Existing Law
Section 12 of rule XXVI of the Standing Rules of the Senate
requires publication of any changes in existing law made by the
reported bill. This bill does not change existing law.