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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2024 Enrolled Bill (ENR)]

        H.R.2024

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six

                                 An Act

 
    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.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

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

SEC. 3. DEFINITIONS.

    For purposes of this Act:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Environmental Protection Agency.
        (2) Button cell.--The term ``button cell'' means a button- or 
    coin-shaped battery.
        (3) Easily removable.--The term ``easily removable'', with 
    respect to a battery, means detachable or removable at the end of 
    the life of the battery--
            (A) from a consumer product by a consumer with the use of 
        common household tools; or
            (B) by a retailer of replacements for a battery used as the 
        principal electrical power source for a vehicle.
        (4) Mercuric-oxide battery.--The term ``mercuric-oxide 
    battery'' means a battery that uses a mercuric-oxide electrode.
        (5) Rechargeable battery.--The term ``rechargeable battery''--
            (A) means 1 or more voltaic or galvanic cells, electrically 
        connected to produce electric energy, that is designed to be 
        recharged for repeated uses; and
            (B) includes any type of enclosed device or sealed 
        container consisting of 1 or more such cells, including what is 
        commonly called a battery pack (and in the case of a battery 
        pack, for the purposes of the requirements of easy removability 
        and labeling under section 103, means the battery pack as a 
        whole rather than each component individually); but
            (C) does not include--
                (i) a lead-acid battery used to start an internal 
            combustion engine or as the principal electrical power 
            source for a vehicle, such as an automobile, a truck, 
            construction equipment, a motorcycle, a garden tractor, a 
            golf cart, a wheelchair, or a boat;
                (ii) a lead-acid battery used for load leveling or for 
            storage of electricity generated by an alternative energy 
            source, such as a solar cell or wind-driven generator;
                (iii) a battery used as a backup power source for 
            memory or program instruction storage, timekeeping, or any 
            similar purpose that requires uninterrupted electrical 
            power in order to function if the primary energy supply 
            fails or fluctuates momentarily; or
                (iv) a rechargeable alkaline battery.
        (6) Rechargeable consumer product.--The term ``rechargeable 
    consumer product''--
            (A) means a product that, when sold at retail, includes a 
        regulated battery as a primary energy supply, and that is 
        primarily intended for personal or household use; but
            (B) does not include a product that only uses a battery 
        solely as a source of backup power for memory or program 
        instruction storage, timekeeping, or any similar purpose that 
        requires uninterrupted electrical power in order to function if 
        the primary energy supply fails or fluctuates momentarily.
        (7) Regulated battery.--The term ``regulated battery'' means a 
    rechargeable battery that--
            (A) contains a cadmium or a lead electrode or any 
        combination of cadmium and lead electrodes; or
            (B) contains other electrode chemistries and is the subject 
        of a determination by the Administrator under section 103(d).
        (8) Remanufactured product.--The term ``remanufactured 
    product'' means a rechargeable consumer product that has been 
    altered by the replacement of parts, repackaged, or repaired after 
    initial sale by the original manufacturer.

SEC. 4. INFORMATION DISSEMINATION.

    The Administrator shall, in consultation with representatives of 
rechargeable battery manufacturers, rechargeable consumer product 
manufacturers, and retailers, establish a program to provide 
information to the public concerning the proper handling and disposal 
of used regulated batteries and rechargeable consumer products with 
nonremovable batteries.

SEC. 5. ENFORCEMENT.

    (a) Civil Penalty.--When on the basis of any information the 
Administrator determines that a person has violated, or is in violation 
of, any requirement of this Act (except a requirement of section 104) 
the Administrator--
        (1) in the case of any violation, may issue an order assessing 
    a civil penalty of not more than $10,000 for each violation, or 
    requiring compliance immediately or within a reasonable specified 
    time period, or both; or
        (2) in the case of any violation or failure to comply with an 
    order issued under this section, may commence a civil action in the 
    United States district court in the district in which the violation 
    occurred or in the district in which the violator resides for 
    appropriate relief, including a temporary or permanent injunction.
    (b) Contents of Order.--An order under subsection (a)(1) shall 
state with reasonable specificity the nature of the violation.
    (c) Considerations.--In assessing a civil penalty under subsection 
(a)(1), the Administrator shall take into account the seriousness of 
the violation and any good faith efforts to comply with applicable 
requirements.
    (d) Finality of Order; Request for Hearing.--An order under 
subsection (a)(1) shall become final unless, not later than 30 days 
after the order is served, a person named in the order requests a 
hearing on the record.
    (e) Hearing.--On receiving a request under subsection (d), the 
Administrator shall promptly conduct a hearing on the record.
    (f) Subpoena Power.--In connection with any hearing on the record 
under this section, the Administrator may issue subpoenas for the 
attendance and testimony of witnesses and for the production of 
relevant papers, books, and documents.
    (g) Continued Violation After Expiration of Period for 
Compliance.--If a violator fails to take corrective action within the 
time specified in an order under subsection (a)(1), the Administrator 
may assess a civil penalty of not more than $10,000 for the continued 
noncompliance with the order.
    (h) Savings Provision.--The Administrator may not take any 
enforcement action against a person for selling, offering for sale, or 
offering for promotional purposes to the ultimate consumer a battery or 
product covered by this Act that was--
        (1) purchased ready for sale to the ultimate consumer; and
        (2) sold, offered for sale, or offered for promotional purposes 
    without modification.
The preceding sentence shall not apply to a person--
        (A) who is the importer of a battery covered by this Act, and
        (B) who has knowledge of the chemical contents of the battery
when such chemical contents make the sale, offering for sale, or 
offering for promotional purposes of such battery unlawful under title 
II of this Act.

SEC. 6. INFORMATION GATHERING AND ACCESS.

    (a) Records and Reports.--A person who is required to carry out the 
objectives of this Act, including--
        (1) a regulated battery manufacturer;
        (2) a rechargeable consumer product manufacturer;
        (3) a mercury-containing battery manufacturer; and
        (4) an authorized agent of a person described in paragraph (1), 
    (2), or (3),
shall establish and maintain such records and report such information 
as the Administrator may by regulation reasonably require to carry out 
the objectives of this Act.
    (b) Access and Copying.--The Administrator or the Administrator's 
authorized representative, on presentation of credentials of the 
Administrator, may at reasonable times have access to and copy any 
records required to be maintained under subsection (a).
    (c) Confidentiality.--The Administrator shall maintain the 
confidentiality of documents and records that contain proprietary 
information.

SEC. 7. STATE AUTHORITY.

    Nothing in this Act shall be construed to prohibit a State from 
enacting and enforcing a standard or requirement that is identical to a 
standard or requirement established or promulgated under this Act. 
Except as provided in sections 103(e) and 104, nothing in this Act 
shall be construed to prohibit a State from enacting and enforcing a 
standard or requirement that is more stringent than a standard or 
requirement established or promulgated under this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

              TITLE I--RECHARGEABLE BATTERY RECYCLING ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Rechargeable Battery Recycling 
Act''.

SEC. 102. PURPOSE.

    The purpose of this title is to facilitate the efficient recycling 
or proper disposal of used nickel-cadmium rechargeable batteries, used 
small sealed lead-acid rechargeable batteries, other regulated 
batteries, and such rechargeable batteries in used consumer products, 
by--
        (1) providing for uniform labeling requirements and streamlined 
    regulatory requirements for regulated battery collection programs; 
    and
        (2) encouraging voluntary industry programs by eliminating 
    barriers to funding the collection and recycling or proper disposal 
    of used rechargeable batteries.

SEC. 103. RECHARGEABLE CONSUMER PRODUCTS AND LABELING.

    (a) Prohibition.--
        (1) In general.--No person shall sell for use in the United 
    States a regulated battery that is ready for retail sale or a 
    rechargeable consumer product that is ready for retail sale, if 
    such battery or product was manufactured on or after the date 12 
    months after the date of enactment of this Act, unless the labeling 
    requirements of subsection (b) are met and, in the case of a 
    regulated battery, the regulated battery--
            (A) is easily removable from the rechargeable consumer 
        product; or
            (B) is sold separately.
        (2) Application.--Paragraph (1) does not apply to any of the 
    following:
            (A) The sale of a remanufactured product unit unless 
        paragraph (1) applied to the sale of the unit when originally 
        manufactured.
            (B) The sale of a product unit intended for export purposes 
        only.
    (b) Labeling.--Each regulated battery or rechargeable consumer 
product without an easily removable battery manufactured on or after 
the date that is 1 year after the date of enactment of this Act, 
whether produced domestically or imported shall bear the following 
labels:
        (1) 3 chasing arrows or a comparable recycling symbol.
        (2)(A) On each regulated battery which is a nickel-cadmium 
    battery, the chemical name or the abbreviation ``Ni-Cd'' and the 
    phrase ``BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.''.
        (B) On each regulated battery which is a lead-acid battery, 
    ``Pb'' or the words ``LEAD'', ``RETURN'', and ``RECYCLE'' and if 
    the regulated battery is sealed, the phrase ``BATTERY MUST BE 
    RECYCLED.''.
        (3) On each rechargeable consumer product containing a 
    regulated battery that is not easily removable, the phrase 
    ``CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR 
    DISPOSED OF PROPERLY.'' or ``CONTAINS SEALED LEAD BATTERY. BATTERY 
    MUST BE RECYCLED.'', as applicable.
        (4) On the packaging of each rechargeable consumer product, and 
    the packaging of each regulated battery sold separately from such a 
    product, unless the required label is clearly visible through the 
    packaging, the phrase ``CONTAINS NICKEL-CADMIUM BATTERY. BATTERY 
    MUST BE RECYCLED OR DISPOSED OF PROPERLY.'' or ``CONTAINS SEALED 
    LEAD BATTERY. BATTERY MUST BE RECYCLED.'', as applicable.
    (c) Existing or Alternative Labeling.--
        (1) Initial period.--For a period of 2 years after the date of 
    enactment of this Act, regulated batteries, rechargeable consumer 
    products containing regulated batteries, and rechargeable consumer 
    product packages that are labeled in substantial compliance with 
    subsection (b) shall be deemed to comply with the labeling 
    requirements of subsection (b).
        (2) Certification.--
            (A) In general.--On application by persons subject to the 
        labeling requirements of subsection (b) or the labeling 
        requirements promulgated by the Administrator under subsection 
        (d), the Administrator shall certify that a different label 
        meets the requirements of subsection (b) or (d), respectively, 
        if the different label--
                (i) conveys the same information as the label required 
            under subsection (b) or (d), respectively; or
                (ii) conforms with a recognized international standard 
            that is consistent with the overall purposes of this title.
            (B) Constructive certification.--Failure of the 
        Administrator to object to an application under subparagraph 
        (A) on the ground that a different label does not meet either 
        of the conditions described in subparagraph (A) (i) or (ii) 
        within 120 days after the date on which the application is made 
        shall constitute certification for the purposes of this Act.
    (d) Rulemaking Authority of the Administrator.--
        (1) In general.--If the Administrator determines that other 
    rechargeable batteries having electrode chemistries different from 
    regulated batteries are toxic and may cause substantial harm to 
    human health and the environment if discarded into the solid waste 
    stream for land disposal or incineration, the Administrator may, 
    with the advice and counsel of State regulatory authorities and 
    manufacturers of rechargeable batteries and rechargeable consumer 
    products, and after public comment--
            (A) promulgate labeling requirements for the batteries with 
        different electrode chemistries, rechargeable consumer products 
        containing such batteries that are not easily removable 
        batteries, and packaging for the batteries and products; and
            (B) promulgate requirements for easy removability of 
        regulated batteries from rechargeable consumer products 
        designed to contain such batteries.
        (2) Substantial similarity.--The regulations promulgated under 
    paragraph (1) shall be substantially similar to the requirements 
    set forth in subsections (a) and (b).
    (e) Uniformity.--After the effective dates of a requirement set 
forth in subsection (a), (b), or (c) or a regulation promulgated by the 
Administrator under subsection (d), no Federal agency, State, or 
political subdivision of a State may enforce any easy removability or 
environmental labeling requirement for a rechargeable battery or 
rechargeable consumer product that is not identical to the requirement 
or regulation.
    (f) Exemptions.--
        (1) In general.--With respect to any rechargeable consumer 
    product, any person may submit an application to the Administrator 
    for an exemption from the requirements of subsection (a) in 
    accordance with the procedures under paragraph (2). The application 
    shall include the following information:
            (A) A statement of the specific basis for the request for 
        the exemption.
            (B) The name, business address, and telephone number of the 
        applicant.
        (2) Granting of exemption.--Not later than 60 days after 
    receipt of an application under paragraph (1), the Administrator 
    shall approve or deny the application. On approval of the 
    application the Administrator shall grant an exemption to the 
    applicant. The exemption shall be issued for a period of time that 
    the Administrator determines to be appropriate, except that the 
    period shall not exceed 2 years. The Administrator shall grant an 
    exemption on the basis of evidence supplied to the Administrator 
    that the manufacturer has been unable to commence manufacturing the 
    rechargeable consumer product in compliance with the requirements 
    of this section and with an equivalent level of product performance 
    without the product--
            (A) posing a threat to human health, safety, or the 
        environment; or
            (B) violating requirements for approvals from governmental 
        agencies or widely recognized private standard-setting 
        organizations (including Underwriters Laboratories).
        (3) Renewal of exemption.--A person granted an exemption under 
    paragraph (2) may apply for a renewal of the exemption in 
    accordance with the requirements and procedures described in 
    paragraphs (1) and (2). The Administrator may grant a renewal of 
    such an exemption for a period of not more than 2 years after the 
    date of the granting of the renewal.

SEC. 104. REQUIREMENTS.

    (a) Batteries Subject to Certain Regulations.--The collection, 
storage, or transportation of used rechargeable batteries, batteries 
described in section 3(5)(C) or in title II, and used rechargeable 
consumer products containing rechargeable batteries that are not easily 
removable rechargeable batteries, shall, notwithstanding any law of a 
State or political subdivision thereof governing such collection, 
storage, or transportation, be regulated under applicable provisions of 
the regulations promulgated by the Environmental Protection Agency at 
60 Fed. Reg. 25492 (May 11, 1995), as effective on May 11, 1995, except 
as provided in paragraph (2) of subsection (b) and except that--
        (1) the requirements of 40 CFR 260.20, 260.40, and 260.41 and 
    the equivalent requirements of an approved State program shall not 
    apply, and
        (2) this section shall not apply to any lead acid battery 
    managed under 40 CFR 266 subpart G or the equivalent requirements 
    of an approved State program.
    (b) Enforcement Under Solid Waste Disposal Act.--(1) Any person who 
fails to comply with the requirements imposed by subsection (a) of this 
section may be subject to enforcement under applicable provisions of 
the Solid Waste Disposal Act.
    (2) States may implement and enforce the requirements of subsection 
(a) if the Administrator finds that--
        (A) the State has adopted requirements that are identical to 
    those referred to in subsection (a) governing the collection, 
    storage, or transportation of batteries referred to in subsection 
    (a); and
        (B) the State provides for enforcement of such requirements.

          TITLE II--MERCURY-CONTAINING BATTERY MANAGEMENT ACT

SEC. 201. SHORT TITLE.

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

SEC. 202. PURPOSE.

    The purpose of this title is to phase out the use of batteries 
containing mercury.

SEC. 203. LIMITATIONS ON THE SALE OF ALKALINE-MANGANESE BATTERIES 
              CONTAINING MERCURY.

    No person shall sell, offer for sale, or offer for promotional 
purposes any alkaline-manganese battery manufactured on or after the 
date of enactment of this Act, with a mercury content that was 
intentionally introduced (as distinguished from mercury that may be 
incidentally present in other materials), except that the limitation on 
mercury content in alkaline-manganese button cells shall be 25 
milligrams of mercury per button cell.

SEC. 204. LIMITATIONS ON THE SALE OF ZINC-CARBON BATTERIES CONTAINING 
              MERCURY.

    No person shall sell, offer for sale, or offer for promotional 
purposes any zinc-carbon battery manufactured on or after the date of 
enactment of this Act, that contains mercury that was intentionally 
introduced as described in section 203.

SEC. 205. LIMITATIONS ON THE SALE OF BUTTON CELL MERCURIC-OXIDE 
              BATTERIES.

    No person shall sell, offer for sale, or offer for promotional 
purposes any button cell mercuric-oxide battery for use in the United 
States on or after the date of enactment of this Act.

SEC. 206. LIMITATIONS ON THE SALE OF OTHER MERCURIC-OXIDE BATTERIES.

    (a) Prohibition.--On or after the date of enactment of this Act, no 
person shall sell, offer for sale, or offer for promotional purposes a 
mercuric-oxide battery for use in the United States unless the battery 
manufacturer, or the importer of such a battery--
        (1) identifies a collection site in the United States that has 
    all required Federal, State, and local government approvals, to 
    which persons may send used mercuric-oxide batteries for recycling 
    or proper disposal;
        (2) informs each of its purchasers of mercuric-oxide batteries 
    of the collection site identified under paragraph (1); and
        (3) informs each of its purchasers of mercuric-oxide batteries 
    of a telephone number that the purchaser may call to get 
    information about sending mercuric-oxide batteries for recycling or 
    proper disposal.
    (b) Application of Section.--This section does not apply to a sale 
or offer of a mercuric-oxide button cell battery.

SEC. 207. NEW PRODUCT OR USE.

    On petition of a person that proposes a new use for a battery 
technology described in this title or the use of a battery described in 
this title in a new product, the Administrator may exempt from this 
title the new use of the technology or the use of such a battery in the 
new product on the condition, if appropriate, that there exist 
reasonable safeguards to ensure that the resulting battery or product 
without an easily removable battery will not be disposed of in an 
incinerator, composting facility, or landfill (other than a facility 
regulated under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 
6921 et seq.)).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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