I

104TH CONGRESS

1ST SESSION H. R. 2835

To reduce the risk of mercury pollution through use reduction, increased

recycling, and reduction of emissions into the environment, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 22, 1995

Mr. PALLONE introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To reduce the risk of mercury pollution through use reduction, increased recycling, and reduction of emissions into

the environment, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 This Act may be cited as the ‘‘Mercury Environ5 mental Risk and Comprehensive Utilization Reduction Ini6 tiative’’.

TABLE OF CONTENTS

Sec. 1. Short title and table of contents.

Sec. 2. Congressional findings and purposes.

Sec. 3. Prohibition on mercury batteries.

Sec. 4. Battery recycling.

Sec. 5. Reduction of mercury in packaging.
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Sec. 6. Prohibition on use of mercury as a fungicide.

Sec. 7. Use and disposal of mercury by Department of Defense.

Sec. 8. Requirements for waste processors and disposal facilities.

Sec. 9. Surcharge on mercury air emissions.

Sec. 10. FDA study of mercury compounds in drugs and food.

1 SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES.

2 (a) FINDINGS.—The Congress makes the following

3 findings:

4 (1) On the basis of available scientific and med5 ical evidence, exposure to mercury and other toxic

6 metals, is of concern to human health and the envi7 ronment.

8 (2) The presence of mercury and other toxic

9 metals in consumer products is of concern in light

10 of the health consequences associated with exposure

11 to mercury and other toxic metals.

12 (3) The presence of mercury and other toxic

13 metals in certain batteries is of special concern, par14 ticularly in light of the substantial quantity of used

15 batteries discarded annually in the solid waste

16 stream and the potential environmental and health

17 consequences associated with land disposal,

18 composting, or incineration.

19 (4) A comprehensive study of the use of mer20 cury by the Department of Defense will significantly

21 further the goal of reducing mercury pollution.

22 (b) PURPOSES.—It is the purpose of this Act to—
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1 (1) reduce the quantity of mercury and toxic

2 metals entering solid waste landfills, incinerators,

3 and composting facilities by phasing-out or greatly

4 reducing the use of mercury in certain products and

5 by providing for the efficient and cost-effective col6 lection and recycling or proper disposal of used bat7 teries and other products containing mercury;

8 (2) educate the public concerning the collection,

9 recycling, and proper disposal of such products;

10 (3) reduce the quantity of mercury entering the

11 environment by greatly reducing air emissions of

12 mercury from stationary sources;

13 (4) increase public knowledge of the sources of

14 mercury exposure and the threat to public health

15 posed by such exposure; and

16 (5) significantly decrease the threat to human

17 health and the environment posed by mercury.

18 SEC. 3. PROHIBITION ON MERCURY BATTERIES.

19 The Toxic Substances Control Act is amended by in20 serting the following after title IV:

21 ‘‘TITLE V—BATTERIES

22 ‘‘SEC. 501. PROHIBITION ON MERCURY BATTERIES.

23 ‘‘(a) DEFINITIONS.—As used in this section:
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1 ‘‘(1) BUTTON CELL.—The term ‘button cell’,

2 used with respect to a battery, means any button3 shaped or coin-shaped battery.

4 ‘‘(2) MERCURIC-OXIDE BATTERY.—The term

5 ‘mercuric-oxide battery’ means a battery that uses a

6 mercuric-oxide electrode.

7 ‘‘(b) LIMITATIONS ON THE SALE OF ALKALINE-MAN8 GANESE BATTERIES CONTAINING MERCURY.—No person

9 shall introduce into interstate commerce, offer for such in10 troduction, or offer for promotional purposes any alkaline11 manganese battery manufactured on or after January 1,

12 1996, with a mercury content that was intentionally intro13 duced (as distinguished from mercury that may be inci14 dentally present in other materials), except that the limita15 tion on mercury content in alkaline-manganese button cell

16 batteries shall be 25 milligrams of mercury per button cell

17 battery.

18 ‘‘(c) LIMITATIONS ON THE SALE OF ZINC CARBON

19 BATTERIES CONTAINING MERCURY.—No person shall in20 troduce into interstate commerce, offer for such introduc21 tion, or offer for promotional purposes any zinc carbon

22 battery manufactured on or after January 1, 1997, that

23 contains any mercury that was intentionally introduced as

24 described in subsection (b).
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1 ‘‘(d) LIMITATIONS ON THE SALE OF BUTTON CELL

2 MERCURIC-OXIDE BATTERIES.—No person shall intro3 duce into interstate commerce, offer for such introduction,

4 or offer for promotional purposes any button cell mer5 curic-oxide battery on or after January 1, 1997.

6 ‘‘(e) LIMITATIONS ON THE SALE OF MERCURIC7 OXIDE BATTERIES.—No person shall introduce into inter8 state commerce, offer for such introduction, or offer for

9 promotional purposes any mercuric-oxide battery on or

10 after January 1, 1997.

11 ‘‘(f) ENFORCEMENT.—(1) Whenever on the basis of

12 any information the Administrator determines that any

13 person has violated or is in violation of any requirement

14 of this section, the Administrator may issue an order as15 sessing a civil penalty for any past or current violation,

16 requiring compliance immediately or within a reasonable

17 specified time period, or both, or the Administrator may

18 commence a civil action in the United States district court

19 in the district in which the violation occurred for appro20 priate relief, including a temporary or permanent injunc21 tion.

22 ‘‘(2) Any order issued pursuant to this subsection

23 shall state with reasonable specificity the nature of the vio24 lation. Any penalty assessed in the order shall not exceed

25 $10,000 for each such violation. In assessing such a pen-
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1 alty, the Administrator shall take into account the serious2 ness of the violation and any good faith efforts to comply

3 with applicable requirements.

4 ‘‘(3) Any order issued under this section shall become

5 final unless, not later than 30 days after the order is

6 served, the person or persons named in the order request

7 a public hearing. If such a request is made, the Adminis8 trator shall promptly conduct a public hearing. In connec9 tion with any proceeding under this subsection, the Ad10 ministrator may issue subpoenas for the attendance and

11 testimony of witnesses and the production of relevant pa12 pers, books, and documents.

13 ‘‘(4) If a violator fails to take corrective action within

14 the time period specified in a compliance order issued

15 under this subsection, the Administrator may assess a civil

16 penalty of not more that $10,000 for the continued non17 compliance with the order.

18 ‘‘(5) This section shall be enforced only pursuant to

19 this subsection, notwithstanding the provisions of title I.

20 ‘‘(g) INFORMATION GATHERING AND ACCESS.—(1)

21 Any person who is required to comply with this section,

22 including a mercury-containing battery manufacturer and

23 any authorized agent of such a manufacturer shall estab24 lish and maintain such records and report such informa-
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1 tion as the Administrator may by rule reasonably require

2 to carry out this section.

3 ‘‘(2) The Administrator, or an authorized representa4 tive of the Administrator upon presentation of credentials,

5 may at reasonable times have access to and copy any

6 records required to be maintained under paragraph (1).

7 ‘‘(3) The Administrator shall maintain the confiden8 tiality of such records or information maintained or re9 ported under this subsection as contain proprietary infor10 mation.

11 ‘‘SEC. 502. LABELING AND RECYCLING OF RECHARGEABLE

12 BATTERIES AND BATTERY PACKS.

13 ‘‘(a) DEFINITIONS.—As used in this section:

14 ‘‘(1) BATTERY PACK.—The term ‘battery pack’

15 means any combination of rechargeable batteries

16 containing 1 or more regulated batteries that com17 monly has wire leads, terminals, and dielectric hous18 ing.

19 ‘‘(2) EASILY REMOVABLE.—The term ‘easily re20 movable’, used with respect to a rechargeable battery

21 or battery pack, means the battery or battery pack

22 is detachable or removable from a rechargeable

23 consumer product by a consumer with the use of

24 common household tools at the end of the life of the

25 battery or battery pack.
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1 ‘‘(3) RECHARGEABLE BATTERY.—The term ‘re2 chargeable battery’—

3 ‘‘(A) means any type of enclosed device or

4 sealed container consisting of 1 or more voltaic

5 or galvanic cells, electrically connected to

6 produce electric energy, that is designed to be

7 recharged for repeated uses; and

8 ‘‘(B) does not include—

9 ‘‘(i) any lead-acid battery used to

10 start an internal combustion engine or as

11 the principal electrical power source for a

12 vehicle, such as an automobile, a truck,

13 construction equipment, a motorcycle, a

14 garden tractor, a golf cart, a wheelchair, or

15 a boat;

16 ‘‘(ii) any lead-acid battery used for

17 load leveling or for the storage of elec18 tricity generated by an alternative energy

19 source, such as a solar cell or wind driven

20 generator;

21 ‘‘(iii) any battery used as a backup

22 power source for memory or program in23 struction storage, timekeeping, or any

24 similar purpose that requires uninter25 rupted electrical power in order to function
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1 if the primary energy supply fails or fluc2 tuates momentarily; and

3 ‘‘(iv) any alkaline battery.

4 ‘‘(4) RECHARGEABLE CONSUMER PRODUCT.—

5 The term ‘rechargeable consumer product’—

6 ‘‘(A) means any product that when sold at

7 retail includes a regulated battery as a primary

8 energy supply and that is primarily intended for

9 personal or household use; and

10 ‘‘(B) does not include any product that

11 uses a battery solely as a backup power source

12 for memory or program instruction storage,

13 timekeeping, or any similar purpose that re14 quires uninterrupted electrical power in order to

15 function if the primary energy supply fails or

16 fluctuates momentarily.

17 ‘‘(5) REGULATED BATTERY.—The term ‘regu18 lated battery’ means any rechargeable battery that—

19 ‘‘(A) contains a cadmium or a lead elec20 trode or any combination of cadmium and lead

21 electrodes; or

22 ‘‘(B) has another electrode chemistry and

23 is the subject of a determination by the Admin24 istrator pursuant to subsection (b)(5).
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1 ‘‘(6) REMANUFACTURED PRODUCT.—The term

2 ‘remanufactured product’ means a rechargeable

3 consumer product that has been altered by the re4 placement of a part, repackaged, or repaired, after

5 initial sale by the original manufacturer.

6 ‘‘(b) RECHARGEABLE CONSUMER PRODUCTS AND

7 LABELING.—

8 ‘‘(1) PROHIBITION.—

9 ‘‘(A) IN GENERAL.—No person shall sell at

10 retail for use in the United States a regulated

11 battery or rechargeable consumer product intro12 duced into interstate commerce on or after the

13 date that is 1 year after the date of enactment

14 of this subsection, unless—

15 ‘‘(i) the regulated battery—

16 ‘‘(I) is easily removable from the

17 rechargeable consumer product;

18 ‘‘(II) is contained in a battery

19 pack that is easily removable from the

20 product; or

21 ‘‘(III) is sold separately from the

22 product; and

23 ‘‘(ii) the rechargeable consumer prod24 uct and the regulated battery are labeled

25 in accordance with paragraph (2).
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1 ‘‘(B) APPLICATION.—Subparagraph (A)

2 shall not apply to—

3 ‘‘(i) the sale of a remanufactured

4 product unless subparagraph (A) applied

5 to the sale of the product when originally

6 manufactured; and

7 ‘‘(ii) a product intended for export

8 purposes only.

9 ‘‘(2) LABELING.—Each regulated battery, bat10 tery pack, or rechargeable consumer product without

11 an easily removable battery or battery pack, manu12 factured on or after the date that is 1 year after the

13 date of enactment of this subsection, shall be labeled

14 with—

15 ‘‘(A)(i) 3 chasing arrows or a comparable

16 recycling symbol;

17 ‘‘(ii) proximate to such arrows or symbol—

18 ‘‘(I) on each nickel-cadmium battery

19 or battery pack, the chemical name or the

20 abbreviation ‘Ni-Cd’; and

21 ‘‘(II) on lead-acid battery and battery

22 pack, ‘Pb’ or the words ‘LEAD’, ‘RE23 TURN’, and ‘RECYCLE’; and

24 ‘‘(iii) on each regulated battery or battery

25 pack, the phrase ‘NICKEL-CADMIUM BAT-
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1 TERY. MUST BE RECYCLED OR DIS2 POSED OF PROPERLY.’ or ‘SEALED

3 LEAD BATTERY. BATTERY MUST BE

4 RECYCLED.’, as applicable;

5 ‘‘(B) on each rechargeable consumer prod6 uct without an easily removable battery or bat7 tery pack, the phrase ‘CONTAINS NICKEL8 CADMIUM BATTERY. BATTERY MUST

9 BE RECYCLED OR DISPOSED OF PROP10 ERLY.’ or ‘CONTAINS SEALED LEAD

11 BATTERY. BATTERY MUST BE RECY12 CLED.’, as applicable; and

13 ‘‘(C) on the packaging of each recharge14 able consumer product, and the packaging of

15 each regulated battery or battery pack sold sep16 arately from such a product, unless the relevant

17 label is clearly visible through the packaging,

18 the phrase ‘CONTAINS NICKEL-CADMIUM

19 BATTERY. BATTERY MUST BE RECY20 CLED OR DISPOSED OF PROPERLY.’ or

21 ‘CONTAINS SEALED LEAD BATTERY.

22 BATTERY MUST BE RECYCLED.’.

23 ‘‘(3) EXISTING LABELING.—

24 ‘‘(A) SUBSTANTIAL COMPLIANCE.—For a

25 period of 2 years after the date of enactment of
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1 this subsection, regulated batteries and battery

2 packs, rechargeable consumer products contain3 ing regulated batteries, and rechargeable

4 consumer product packages, that are labeled in

5 substantial compliance with paragraph (2) shall

6 be deemed to comply with the labeling require7 ments of paragraph (2).

8 ‘‘(B) DIFFERENT LABEL.—Upon applica9 tion by a person subject to the labeling require10 ments of paragraph (2) or of the labeling re11 quirements promulgated by the Administrator

12 under paragraph (5), the Administrator may

13 approve a different label and certify that the

14 different label meets the requirements of para15 graph (2) or (5), respectively, if the different

16 label—

17 ‘‘(i) is substantially similar to the

18 label required under paragraph (2) or (5),

19 respectively; or

20 ‘‘(ii) conforms with a recognized inter21 national standard and is consistent with

22 the overall purposes of this section.

23 ‘‘(4) POINT OF SALE INFORMATION.—Any retail

24 establishment that offers for sale any battery, bat25 tery pack, or product subject to the labeling require-
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1 ments of paragraph (2) or the labeling requirements

2 promulgated by the Administrator under paragraph

3 (5), shall display, in a manner visible to a consumer,

4 a written notice that informs the consumer that reg5 ulated batteries and battery packs, whether sold sep6 arately or in rechargeable consumer products, shall

7 be recycled or disposed of properly.

8 ‘‘(5) RULEMAKING AUTHORITY OF THE ADMIN9 ISTRATOR.—

10 ‘‘(A) IN GENERAL.—If the Administrator

11 determines that other rechargeable batteries

12 having electrode chemistries different from reg13 ulated batteries described in subsection

14 (a)(7)(A) are toxic and may cause substantial

15 harm to human health and the environment if

16 discarded into the solid waste stream for land

17 disposal or incineration, the Administrator may,

18 with the advice and counsel of State regulatory

19 authorities and manufacturers of rechargeable

20 batteries, battery packs, and rechargeable

21 consumer products, and after public comment—

22 ‘‘(i) promulgate labeling requirements

23 for the batteries with different electrode

24 chemistries, battery packs containing the

25 batteries, rechargeable consumer products
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1 containing the batteries that are not easily

2 removable batteries, and packaging for the

3 products; and

4 ‘‘(ii) promulgate easily-removable de5 sign requirements for rechargeable

6 consumer products designed to contain the

7 batteries or battery packs.

8 ‘‘(B) SUBSTANTIAL SIMILARITY.—The reg9 ulations promulgated pursuant to subparagraph

10 (A) shall be substantially similar to the require11 ments set forth contained in paragraphs (1)

12 and (2).

13 ‘‘(6) UNIFORMITY.—After the effective dates of

14 a requirement set forth in paragraph (1), (2), or (3)

15 or a regulation promulgated by the Administrator

16 under paragraph (5), no Federal agency, State, or

17 political subdivision of a State may enforce any easy

18 removability or environmental labeling requirement

19 for a rechargeable battery, battery pack, or re20 chargeable consumer product that is not identical to

21 the requirement or regulation.

22 ‘‘(7) EXEMPTIONS.—

23 ‘‘(A) IN GENERAL.—With respect to any

24 rechargeable consumer product, any person may

25 submit an application to the Administrator for
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1 an exemption from the requirements of para2 graph (1) in accordance with the procedures

3 under subparagraph (B). The application shall

4 include—

5 ‘‘(i) a statement of the specific basis

6 for the request for the exemption; and

7 ‘‘(ii) the name, business address, and

8 telephone number of the applicant.

9 ‘‘(B) GRANTING OF EXEMPTION.—Within

10 60 days after receipt of an application under

11 subparagraph (A), the Administrator shall ap12 prove or deny the application. Upon approval of

13 the application, the Administrator shall grant

14 an exemption to the applicant. The exemption

15 shall be issued for a period of time that the Ad16 ministrator determines to be appropriate, ex17 cept that such period shall not exceed 1 year.

18 The Administrator shall grant an exemption on

19 the basis of evidence supplied to the Adminis20 trator that the manufacturer has been unable

21 to commence manufacturing the rechargeable

22 consumer product in compliance with this sub23 section and with an equivalent level of product

24 performance without the product—
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1 ‘‘(i) resulting in danger to human

2 health, safety, or the environment; or

3 ‘‘(ii) violating requirements for ap4 provals from governmental agencies or

5 widely recognized private standard-setting

6 organizations (including Underwriters Lab7 oratories).

8 ‘‘(C) RENEWAL OF EXEMPTION.—A person

9 granted an exemption under subparagraph (B)

10 may apply for a renewal of the exemption in ac11 cordance with the requirements and procedures

12 described in subparagraphs (A) and (B). The

13 Administrator may grant a renewal of such an

14 exemption for a period of not more than 1 year

15 after the date of granting of the renewal.

16 ‘‘(c) REQUIREMENTS.—For the purposes of carrying

17 out the collection, storage, transportation, recycling, or

18 proper disposal of used rechargeable batteries, used bat19 tery packs, and used rechargeable consumer products con20 taining rechargeable batteries that are not easily remov21 able rechargeable batteries, persons involved in collecting,

22 storing, or transporting such batteries, battery packs, or

23 products to a facility for recycling or proper disposal shall

24 be subject, in the same manner and with the same limita25 tions, to the same requirements as would apply if the per-
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1 sons were collecting, storing, or transporting batteries

2 subject to subpart G of part 266 of title 40, Code of Fed3 eral Regulations, as in effect on January 1, 1993, notwith4 standing any regulation or statute.

5 ‘‘(d) COOPERATIVE EFFORTS.—Notwithstanding any

6 other provision of law, if 2 or more persons who partici7 pate in projects or programs to collect and properly man8 age used rechargeable batteries, used battery packs, or

9 used rechargeable consumer products advise the Adminis10 trator of their intent, the persons may agree to develop

11 jointly, or to share in the costs of participating in, such

12 a project or program and to examine and rely upon such

13 cost information as is collected during the project or pro14 gram.

15 ‘‘(e) REPORT TO CONGRESS.—

16 ‘‘(1) REPORT DEADLINES IN GENERAL.—Not

17 later than 3 years after the date of enactment of

18 this subsection, the Administrator, after consultation

19 with and obtaining relevant industry wide data from

20 the States, environmental and consumer groups, and

21 organizations representing rechargeable battery

22 manufacturers, rechargeable consumer product man23 ufacturers, and retailers, and after conducting a

24 public hearing and considering public comment, shall

25 submit to Congress a report that provides the infor-
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1 mation specified in paragraph (2). In collecting in2 formation for the report, the Administrator shall co3 ordinate with such States, environmental and

4 consumer groups, and organizations to minimize the

5 frequency and scope of any reporting requirements

6 associated with the manufacture, sale, or collection

7 of regulated batteries.

8 ‘‘(2) CONTENT OF REPORT.—The report de9 scribed in paragraph (1) shall include each of the

10 following:

11 ‘‘(A) A review of the activities carried out

12 by the entities listed in paragraph (1) with re13 spect to the labeling, collection, transportation,

14 recycling, and disposal of regulated batteries.

15 ‘‘(B) An estimate, for the period beginning

16 on the date of enactment of this subsection and

17 ending on the date of preparation of the report,

18 of the number of regulated batteries entering

19 the solid waste stream for disposal in inciner20 ators, landfills and municipal solid waste facili21 ties.

22 ‘‘(C) A review of the recycling and rec23 lamation rates for regulated batteries.

24 ‘‘(D) A review of the availability of per25 mitted facilities sufficient to handle the current
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1 and projected volume of used regulated bat2 teries, along with a complete evaluation of po3 tential regulatory impediments to management

4 options.

5 ‘‘(E) A list of entities involved in the pro6 duction and distribution of regulated batteries

7 or rechargeable consumer products and partici8 pating in programs for the collection of regu9 lated batteries.

10 ‘‘(F) A list of entities involved in the pro11 duction and distribution of regulated batteries

12 or rechargeable consumer products, excluding

13 retailers, that are not participating in programs

14 for the collection of regulated batteries. In for15 mulating the list, the Administrator shall not

16 require any participant to report the name of

17 any nonparticipant. Prior to listing any entity

18 as such a nonparticipant, the Administrator

19 shall determine that the entity should be a par20 ticipant, and independently verify with the en21 tity that the entity is not a participant.

22 ‘‘(3) FREQUENCY OF REPORT.—Not later than

23 2 years after publication of the report required in

24 paragraph (1), and every 2 years thereafter, the Ad-
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1 ministrator shall issue a report that provides an up2 date of the information specified in paragraph (2).

3 ‘‘(f) INFORMATION DISSEMINATION.—In consultation

4 with representatives of rechargeable battery manufactur5 ers, rechargeable consumer product manufacturers, and

6 retailers, the Administrator shall establish a program to

7 provide information to the public concerning the proper

8 handling and disposal of used regulated batteries and used

9 rechargeable consumer products with easily removable

10 batteries.

11 ‘‘(g) ENFORCEMENT.—For the purposes of this sec12 tion:

13 ‘‘(1) Whenever on the basis of any information

14 the Administrator determines that any person has

15 violated or is in violation of any requirement of this

16 section, the Administrator may issue an order as17 sessing a civil penalty for any past or current viola18 tion, requiring compliance immediately or within a

19 reasonable specified time period, or both, or the Ad20 ministrator may commence a civil action in the

21 United States district court in the district in which

22 the violation occurred for appropriate relief, includ23 ing a temporary or permanent injunction.

24 ‘‘(2) Any order issued pursuant to this sub25 section shall state with reasonable specificity the na-
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1 ture of the violation. Any penalty assessed in the

2 order shall not exceed $10,000 for each such viola3 tion. In assessing such a penalty, the Administrator

4 shall take into account the seriousness of the viola5 tion and any good faith efforts to comply with appli6 cable requirements.

7 ‘‘(3) Any order issued under this section shall

8 become final unless, not later than 30 days after the

9 order is served, the person or persons named in the

10 order request a public hearing. If such a request is

11 made, the Administrator shall promptly conduct a

12 public hearing. In connection with any proceeding

13 under this subsection, the Administrator may issue

14 subpoenas for the attendance and testimony of wit15 nesses and the production of relevant papers, books,

16 and documents.

17 ‘‘(4) If a violator fails to take corrective action

18 within the time period specified in a compliance

19 order issued under this subsection, the Adminis20 trator may assess a civil penalty of not more that

21 $10,000 for the continued noncompliance with the

22 order.

23 ‘‘(5) This section shall be enforced only pursu24 ant to this subsection, notwithstanding the provi25 sions of title I.
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1 ‘‘(h) INFORMATION GATHERING AND ACCESS.—(1)

2 Any person who is required to comply with this section,

3 including—

4 ‘‘(A) a regulated battery manufacturer;

5 ‘‘(B) a rechargeable consumer product manu6 facturer;

7 ‘‘(C) an authorized agent of a manufacturer de8 scribed in subparagraph (A) or (B);

9 shall establish and maintain such records and report such

10 information as the Administrator may by rule reasonably

11 require to carry out this section.

12 ‘‘(2) The Administrator, or an authorized representa13 tive of the Administrator upon presentation of credentials,

14 may at reasonable times have access to and copy any

15 records required to be maintained under paragraph (1).

16 ‘‘(3) The Administrator shall maintain the confiden17 tiality of such records or information maintained or re18 ported under this subsection as contain proprietary infor19 mation.

20 ‘‘(i) STATE AUTHORITY.—Except as provided in sub21 section (b)(6), or as provided in subsection (c) (relating

22 to requirements and the labeling of rechargeable batteries,

23 battery packs, or rechargeable consumer products or pack24 ages containing such products), nothing in this section

25 shall be construed so as to prohibit a State from enacting
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1 and enforcing a standard or requirement that is more

2 stringent than a standard or requirement established or

3 promulgated under this section.

4 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated such sums as are nec6 essary to carry out this section.’’.

7 SEC. 4. BATTERY RECYCLING.

8 (a) AMENDMENT.—The Solid Waste Disposal Act is

9 amended by adding the following new subtitle at the end

10 thereof:

11 ‘‘Subtitle K—Battery Recycling

12 ‘‘SEC. 12001. DEFINITIONS.

13 ‘‘For purposes of this subtitle:

14 ‘‘(1) The term ‘battery’ means an alkaline or

15 lead-acid battery.

16 ‘‘(2) The term ‘battery distributor’ means a

17 person who sells or offers for sale batteries in inter18 state commerce to battery retailers.

19 ‘‘(3) The term ‘battery retailer’ means a person

20 who purchases batteries from a battery distributor

21 for sale to a consumer or who sells or offers to sell

22 in commerce batteries to a consumer.

23 ‘‘(4) The term ‘consumer’ means a person who

24 purchases a battery for any use other than resale.
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1 ‘‘(5) The term ‘refund value’ means the amount

2 specified as the refund value of a battery under sec3 tion 12002.

4 ‘‘SEC. 12002. REQUIRED BATTERY LABELING.

5 ‘‘Except as otherwise provided in section 12007, no

6 battery distributor or battery retailer may sell or offer for

7 sale in interstate commerce a battery unless there is clear8 ly, prominently, and securely affixed to, or printed on, the

9 container a statement of the refund value of the battery.

10 The Administrator shall promulgate rules establishing

11 uniform standards for the size and location of the refund

12 value statement on batteries. The refund amount for any

13 class or category of batteries shall be specified by, and

14 subject to adjustment by, the Administrator.

15 ‘‘SEC. 12003. ORIGINATION OF REFUND VALUE.

16 ‘‘For each battery sold in interstate commerce to a

17 battery retailer by a battery distributor, the distributor

18 shall collect from the retailer the amount of the refund

19 value shown on the battery. With respect to each battery

20 sold in interstate commerce to a consumer by a battery

21 retailer, the retailer shall collect from the consumer the

22 amount of the refund value shown on the battery. No per23 son other than the persons described in this section may

24 collect a deposit on a battery.
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1 ‘‘SEC. 12004. RETURN OF REFUND VALUE.

2 ‘‘(a) PAYMENT BY RETAILER.—If any person tenders

3 for refund a used battery to a battery retailer who sells

4 (or has sold at any time during the period of 3 months

5 ending on the date of such tender) the same brand of bat6 tery, the retailer shall promptly pay such person the

7 amount of the refund value stated on the battery.

8 ‘‘(b) PAYMENT BY DISTRIBUTOR.—If any person

9 tenders for refund a used battery to a battery distributor

10 who sells (or has sold at any time during the period of

11 3 months ending on the date of such tender) the same

12 brand of battery, the distributor shall promptly pay such

13 person (1) the amount of the refund value stated on the

14 battery, plus (2) an amount equal to at least 10 cents per

15 battery to help defray the cost of handling. This sub16 section shall not preclude any person from tendering bat17 teries to persons other than battery distributors.

18 ‘‘(c) AGREEMENTS.—(1) Nothing in this subtitle

19 shall preclude agreements between distributors, retailers,

20 or other persons to establish centralized battery collection

21 centers, including centers which act as agents of such re22 tailers.

23 ‘‘(2) Nothing in this subtitle shall preclude agree24 ments between battery retailers, battery distributors, or

25 other persons for the crushing or bundling (or both) of

26 batteries.
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1 ‘‘SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND

2 PROVISIONS FOR STATE RECYCLING FUNDS.

3 ‘‘(a) UNCLAIMED REFUNDS.—At the end of each cal4 endar year each battery distributor shall pay to each State

5 an amount equal to the sum by which the total refund

6 value of all batteries sold by the distributor for resale in

7 that State during that year exceeds the total sum paid

8 during that year by the distributor under section 12004(b)

9 to persons in that State. The total of unclaimed refunds

10 received by any State under this section shall be available

11 to carry out pollution prevention and recycling programs

12 in that State.

13 ‘‘(b) REFUNDS IN EXCESS OF COLLECTIONS.—If the

14 total of payments made by a battery distributor in any

15 calendar year under section 12004(b) for any State exceed

16 the total refund value of all batteries sold by the distribu17 tor for resale in that State, the excess shall be credited

18 against the amount otherwise required to be paid by the

19 distributor to that State under subsection (a) for a subse20 quent calendar year designated by the battery distributor.

21 ‘‘SEC. 12006. PROHIBITIONS ON POST-REDEMPTION DIS22 POSAL.

23 ‘‘No retailer or distributor or agent of a retailer or

24 distributor may dispose of any battery labeled under sec25 tion 12002 in any landfill or other solid waste disposal

26 facility.
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1 ‘‘SEC. 12007. EXEMPTED STATES.

2 ‘‘(a) IN GENERAL.—The provisions of sections 12002

3 through 12005 and sections 12008 and 12009 of this sub4 title shall not apply in any State which—

5 ‘‘(1) has adopted and implemented require6 ments applicable to all batteries sold in that State

7 which the Administrator determines to be substan8 tially identical to the provisions of sections 12002

9 through 12005 and sections 12008 and 12009 of

10 this subtitle; or

11 ‘‘(2) demonstrates to the Administrator that,

12 for any period of 12 consecutive months following

13 the date of the enactment of this subtitle, such State

14 achieved a recycling or reuse rate for batteries of at

15 least 70 percent.

16 If at any time following a determination under paragraph

17 (2) that a State has achieved a 70 percent recycling or

18 reuse rate the Administrator determines that such State

19 has failed, for any 12-consecutive month period, to main20 tain at least a 70 percent recycling or reuse rate of its

21 batteries, the Administrator shall notify such State that,

22 upon the expiration of the 90-day period following such

23 notification, the provisions under sections 12002 through

24 12005 and sections 12008 and 12009 shall be applicable

25 to that State until a subsequent determination is made
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1 under subparagraph (A) or a demonstration is made under

2 subparagraph (B).

3 ‘‘(b) DETERMINATION OF TAX.—No State or political

4 subdivision which imposes any tax on the sale of any bat5 tery may impose a tax on any amount attributable to the

6 refund value of such battery.

7 ‘‘(c) EFFECT ON OTHER LAWS.—Nothing in this

8 subtitle shall be construed to affect the authority of any

9 State or political subdivision thereof to enact or enforce

10 (or continue in effect) any law respecting a refund value

11 on batteries or from regulating redemption and other cen12 ters which purchase empty batteries from battery retail13 ers, consumers, or other persons.

14 ‘‘SEC. 12008. REGULATIONS.

15 ‘‘Not later than 12 months after the enactment of

16 this subtitle, the Administrator shall prescribe regulations

17 to carry out this subtitle. Such regulations shall also ad18 just the refund amount required under section 12002 to

19 account for inflation. Such adjustment shall be effective

20 10 years after the enactment of this subtitle and addi21 tional adjustments shall take effect at 10 year intervals

22 thereafter.

23 ‘‘SEC. 12009. PENALTIES.

24 ‘‘Any person who violates any provision of section

25 12002, 12003, 12004, or 12006 shall be subject to a civil
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1 penalty of not more than $1,000 for each violation. Any

2 person who violates any provision of section 12005 shall

3 be subject to a civil penalty of not more than $10,000 for

4 each violation.

5 ‘‘SEC. 12010. EFFECTIVE DATE.

6 ‘‘Except as provided in section 12008, this subtitle

7 shall take effect 2 years after the date of its enactment.’’.

8 (b) TABLE OF CONTENTS.—The table of contents for

9 such Act is amended by adding the following at the end

10 thereof:

‘‘Subtitle K—Battery Recycling

‘‘Sec. 12001. Definitions.

‘‘Sec. 12002. Required battery labeling.

‘‘Sec. 12003. Origination of refund value.

‘‘Sec. 12004. Return of refund value.

‘‘Sec. 12005. Accounting for unclaimed refunds and provisions for State recycling funds.

‘‘Sec. 12006. Prohibitions on post-redemption disposal.

‘‘Sec. 12007. Exempted States.

‘‘Sec. 12008. Regulations.

‘‘Sec. 12009. Penalties.

‘‘Sec. 12010. Effective date.’’.

11 SEC. 5. REDUCTION OF MERCURY IN PACKAGING.

12 (a) DEFINITIONS.—As used in this section:

13 (1) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the Environ15 mental Protection Agency.

16 (2) DISTRIBUTOR.—The term ‘‘distributor’’

17 means any person who purchases goods from a man18 ufacturer for sale or promotional use.
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1 (3) INCIDENTAL PRESENCE.—The term ‘‘inci2 dental presence’’ means the presence of mercury in

3 a package or packaging component if the substance

4 was not intentionally introduced into the package or

5 packaging component for its own properties or char6 acteristics.

7 (4) INTENTIONAL INTRODUCTION.—

8 (A) IN GENERAL.—The term ‘‘intentional

9 introduction’’ means the purposeful introduc10 tion of mercury into a package or packaging

11 component with an intent that one or more of

12 the substances be present in the package or

13 packaging component.

14 (B) EXCLUSION.—The term does not in15 clude—

16 (i) the background levels of mercury

17 that naturally occur in raw materials or

18 are present as postconsumer additions, and

19 that are not purposefully added to perform

20 as part of a package or packaging compo21 nent; and

22 (ii) any trace quantities of a process23 ing aid or similar material used to produce

24 a product from which a package or pack25 aging component is manufactured, if the
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1 processing aid or similar material is rea2 sonably expected to be consumed or trans3 formed into a nonregulated material dur4 ing the process.

5 (5) MANUFACTURER.—The term ‘‘manufac6 turer’’ means any person in the chain of production

7 who makes a package or packaging component for

8 sale or promotional purposes, including an importer

9 of packages or packaging components.

10 (6) PACKAGE OR PACKAGING.—The term

11 ‘‘package’’ or ‘‘packaging’’ means a container that

12 provides a means of marketing, protecting, or han13 dling a product. The term includes a unit package,

14 an intermediate, and a chipping container as defined

15 in standard D-996 issued by the American Society

16 of Testing and Materials, and unsealed receptacles

17 such as carrying cases, crates, cups, pails, rigid foil,

18 and other trays, wrappers and wrapping films, bags,

19 and tubs.

20 (7) PACKAGING COMPONENT.—The term ‘‘pack21 aging component’’ means any individual assembled

22 part of packaging, including any interior or exterior

23 blocking, bracing, cushioning, weatherproofing, exte24 rior strapping, coating, closure, ink, label, adhesive,

25 and stabilizer, except that the term does not include
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1 steel strapping. For the purposes of this section, tin2 plated steel that meets the specification under stand3 ard A-623 issued by the American Society of Test4 ing and Materials shall be deemed an individual

5 packaging component.

6 (b) PROHIBITION ON ADDITION OF MERCURY IN

7 PACKAGING.—

8 (1) IN GENERAL.—Except as provided in sub9 section (c), effective 2 years after the date of enact10 ment of this Act, the intentional introduction of

11 mercury to packaging or any component thereof dur12 ing manufacturing or distribution by any person is

13 prohibited.

14 (2) CONCENTRATION LEVELS.—The sum of the

15 concentration levels of mercury present in packaging

16 or any component thereof may not exceed the follow17 ing amounts:

18 (A) 600 parts per million by weight (0.06

19 percent) on or after the date that is 2 years

20 after the date of enactment of this Act and be21 fore the date specified in paragraph (2).

22 (B) 250 parts per million by weight (0.025

23 percent) on or after the date that is 3 years

24 after the date of enactment of this Act and be25 fore the date specified in paragraph (3).
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1 (C) 100 parts per million by weight (0.01

2 percent) on or after the date that is 4 years

3 after the date of enactment of this Act.

4 (c) EXEMPTIONS.—

5 (1) IN GENERAL.—The requirements of sub6 section (b) shall not apply to packaging and any

7 component thereof—

8 (A) with a code indicating a date of manu9 facture of the packaging or component, or date

10 of bottling or manufacturing of distilled spirits

11 and wines, that is prior to the effective date of

12 this Act; or

13 (B) if alternative evidence of a date of

14 manufacture or bottling prior to the effective

15 date of this Act is provided to the satisfaction

16 of the Administrator.

17 (2) SAFETY CONSIDERATIONS.—

18 (A) IN GENERAL.—The requirements of

19 subsection (b) shall not apply to packaging and

20 any component thereof to which mercury has

21 been added in the manufacturing, forming,

22 printing, or distribution process—

23 (i) in order to comply with health or

24 safety requirements of Federal law; or
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1 (ii) because the addition of one or

2 more of the substances is essential for the

3 protection, safe handling, or functioning of

4 the contents of the packaging,

5 if the Administrator grants an exemption from

6 the requirements of this section to the manufac7 turer of the package or packaging component

8 on the basis of either criterion.

9 (B) PERIOD.—If the Administrator deter10 mines that circumstances warrant an exemption

11 from the requirements of this section, the Ad12 ministrator may grant an exemption for a pe13 riod of 2 years.

14 (C) RENEWAL.—An exemption under para15 graph (2) may, on meeting either criterion

16 under paragraph (1), be renewed every 2 years.

17 (3) USE OF RECYCLED MATERIALS.—During

18 the 6-year period beginning on the date of enact19 ment of this Act, the requirements of subsection (b)

20 shall not apply to packaging and any component

21 thereof that would not exceed the concentration lev22 els in subsection (b) but for the addition of recycled

23 materials.

24 (d) CERTIFICATE OF COMPLIANCE.—

25 (1) IN GENERAL.—
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1 (A) REQUIREMENT.—Not later than 2

2 years after the date of enactment of this Act,

3 the manufacturer or supplier of packaging or

4 any component thereof shall furnish to each

5 purchaser a certificate of compliance stating

6 that the packaging or packaging component is

7 in compliance with the requirements of this sec8 tion.

9 (B) EXEMPTIONS.—If the manufacturer or

10 supplier claims an exemption under subsection

11 (c), the manufacturer or supplier shall state the

12 specific basis on which the exemption is claimed

13 on the certificate of compliance.

14 (C) SIGNATURE.—The certificate of com15 pliance shall be signed by an authorized official

16 of the manufacturing or supplying company.

17 (D) RETENTION OF CERTIFICATE BY PUR18 CHASER.—The purchaser shall retain the cer19 tificate of compliance for as long as the packag20 ing is in use.

21 (E) RETENTION OF COPY BY MANUFAC22 TURER OR SUPPLIER.—A copy of the certificate

23 of compliance shall be kept on file by the manu24 facturer or supplier of the packaging or packag25 ing component.
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1 (F) COPIES TO ADMINISTRATOR AND PUB2 LIC.—A copy of the certificate of compliance

3 shall be furnished to the Administrator on re4 quest, and to members of the public in accord5 ance with subsection (e).

6 (2) AMENDED OR NEW CERTIFICATE.—If the

7 manufacturer or supplier of packaging or packaging

8 components reformulates or creates a new package

9 or packaging component, the manufacturer or sup10 plier shall provide an amended or new certificate of

11 compliance for the reformulated or new package or

12 packaging component.

13 (e) PUBLIC ACCESS.—

14 (1) REQUEST.—A request from a member of

15 the public for a copy of a certificate of compliance

16 from the manufacturer or supplier of packaging or

17 components thereof shall be—

18 (A) in writing, with a copy provided to the

19 Administrator; and

20 (B) specific as to the package or packaging

21 component information requested.

22 (2) RESPONSE TO REQUEST.—A manufacturer

23 shall respond to a request that meets the require24 ments of paragraph (1) not later than 60 days after

25 receipt of the request.
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1 (f) FEDERAL ENFORCEMENT.—Whenever on the

2 basis of any information the Administrator determines

3 that any person has violated or is in violation of this sec4 tion, the Administrator may issue an order assessing a

5 civil penalty in an amount not to exceed $25,000.

6 (g) NONPREEMPTION.—Nothing in this section shall

7 be construed so as to prohibit a State from establishing

8 and enforcing a standard or requirement with respect to

9 toxic metals in packaging that is more stringent than a

10 standard or requirement relating to toxic metals in pack11 aging established or promulgated under this section.

12 (h) REGULATIONS.—Not later than 18 months after

13 the date of enactment of this Act, the Administrator shall

14 promulgate regulations to carry out this section.

15 SEC. 6. PROHIBITION ON USE OF MERCURY AS A FUN16 GICIDE.

17 The Federal Insecticide, Fungicide, and Reodenticide

18 Act is amended is amended by adding the following new

19 paragraph at the end of subsection (c) of section 3:

20 ‘‘(9) FUNGICIDES CONTAINING PHENYL21 MERCURIC ACETATE.—The Administrator may not

22 register or reregister any fungicide containing

23 phenylmercuric acetate, and any registration of any

24 such fungicide prior to the enactment of this para-
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1 graph shall cease to be effective on the date 60 days

2 after the enactment of this paragraph.’’.

3 SEC. 7. USE AND DISPOSAL OF MERCURY BY DEPARTMENT

4 OF DEFENSE.

5 (a) STUDY OF DOD MERCURY USE.—The Adminis6 trator of the Comptroller General shall undertake a study

7 of the use and disposal by the Department of Defense of

8 mercury, both as a raw material and in products procured

9 by the Department. Not later than 1 year after the enact10 ment of this Act, the Administrator shall submit a report

11 to the Congress containing the results of such study.

12 (b) REDUCTION IN MERCURY USE.—Not later than

13 3 years after the enactment of this Act the Secretary of

14 Defense shall submit to the Congress a program for reduc15 ing mercury use in military products.

16 SEC. 8. REQUIREMENTS FOR WASTE PROCESSORS AND DIS17 POSAL FACILITIES.

18 (a) INCINERATORS.—(1) Subtitle D of the Solid

19 Waste Disposal Act is amended by adding the following

20 new section at the end thereof:

21 ‘‘SEC. 4011. PERMITS FOR INCINERATORS.

22 ‘‘After December 31, 1996, no Federal agency, State

23 or local government, or other waste management jurisdic24 tion may issue a permit (including a permit under section

25 129(e) of the Clean Air Act) or other prior approval for
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1 the construction or expansion of a municipal solid waste

2 incinerator, unless the applicant for the permit or other

3 approval completes, after public notice and comment, an

4 environmental impact statement. Such statement shall be

5 conducted in the same manner and in conformance with

6 the same standards required for environmental impact

7 statements under the National Environmental Policy Act

8 (42 U.S.C. 4321 et seq.) and must be approved by the

9 State.’’.

10 (2) The table of contents for such Act is amended

11 by adding the following new item after the item relating

12 to section 4010:

‘‘Sec. 4011. Permits for incinerators.’’.

13 (b) SEPARATION OF MERCURY CONTAINING

14 ITEMS.—(1) Section 4003 of the Solid Waste Disposal Act

15 is amended as follows:

16 (A) By adding the following at the end of sub17 section (a):

18 ‘‘(7) The plan shall provide for the separation,

19 for purposes of recycling, of mercury-containing

20 items listed under subsection (e) prior to disposal or

21 treatment in any solid waste treatment or disposal

22 facility.’’.

23 (B) By adding the following new subsection at

24 the end thereof:
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1 ‘‘(e) SEPARATION OF MERCURY-CONTAINING

2 ITEMS.—The Administrator shall, after notice and oppor3 tunity for public comment, publish a list of mercury-con4 taining items to be separated from the waste stream prior

5 to disposal or treatment in any solid waste treatment or

6 disposal facility. Such list shall include, but shall not be

7 limited to, batteries, fluorescent light bulbs, electrical

8 switches, and thermostats.’’.

9 (2) Section 4007(a)(1) of the Solid Waste Disposal

10 Act is amended by adding before the semicolon the follow11 ing: ‘‘(a) and it is revised within 2 years after the date

12 of the enactment of the Mercury Environmental Risk and

13 Comprehensive Utilization Reduction Initiative to meets

14 the requirements of paragraph (7) of section 4003(a)’’.

15 SEC. 9. SURCHARGE ON MERCURY AIR EMISSIONS.

16 The Clean Air Act is amended as follows:

17 (1) Section 112(c)(6) is amended by striking

18 the last sentence.

19 (2) Section 502(b)(3)(A) is amended by strik20 ing ‘‘and’’ at the end of clause (v), by striking pe21 riod at the end of clause (vi) and inserting ‘‘, and’’,

22 and by adding the following new clause at the end

23 thereof:

24 ‘‘(vii) in the case of electric utility steam

25 generating units (as defined in section 112),
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1 municipal waste combustion units, and medical

2 waste incineration units, an additional fee of

3 $500 per pound of mercury emissions from the

4 unit or such greater amount as the Adminis5 trator deems necessary to cover the costs of

6 mercury reduction and remediation research

7 under section 103(l).’’.

8 (3) Section 103 is amended by adding the fol9 lowing new section at the end thereof:

10 ‘‘(l) MERCURY EMISSION REDUCTION AND REMEDI11 ATION.—The Administrator shall undertake a program to

12 research technologies available to reduce emissions of mer13 cury into the ambient air and technologies to remediate

14 mercury contamination. There are authorized to be appro15 priated to the Administrator to fund the costs of such pro16 gram, and amount for each fiscal year equal to the amount

17 estimated by the Secretary of the Treasury to be received

18 in the Treasury from the fees imposed under section

19 502(b)(3)(A)(vii), adjusted by the Secretary to account for

20 errors in such estimates for prior fiscal years.’’.

21 SEC. 10. FDA STUDY OF MERCURY COMPOUNDS IN DRUGS

22 AND FOOD.

23 (a) LIST AND ANALYSIS.—The Secretary of Health

24 and Human Services shall, through the Food and Drug

25 Administration—
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1 (1) compile a list of drugs and foods that con2 tain intentionally introduced mercury compounds,

3 and

4 (2) provide a quantitative and qualitative analy5 sis of the mercury compounds in the list under para6 graph (1).

7 The Secretary shall compile the list required by paragraph

8 (1) within 2 years after the date of the enactment of this

9 section and shall provide the analysis required by para10 graph (2) within of such date of enactment.

11 (b) STUDY.—The Secretary of Health and Human

12 Services, acting through the Food and Drug Administra13 tion, shall conduct a study of the effect on humans of the

14 use of mercury compounds in nasal sprays. Such study

15 shall include data from other studies that have been made

16 of such use.

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