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 buttonor 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.
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(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
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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.
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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.—
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(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 dif-
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ferent 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
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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 standardsetting 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.
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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 MERCURICOXIDE 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
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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.