Union Calendar No. 260

104TH CONGRESS

2D SESSION H. R. 2024

[Report No. 104–530]

A BILL

To phase out the use of mercury in batteries and

other purposes.batteries, and certain other batteries, and fornickel cadmium batteries, small sealed lead-acidtion and recycling or proper disposal of usedprovide for the efficient and cost-effective collecAPRIL 23, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
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Union Calendar No. 260

104TH CONGRESS

2D SESSION H. R. 2024

[Report No. 104–530]

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.

IN THE HOUSE OF REPRESENTATIVES

JULY 12, 1995

Mr. KLUG (for himself, Mr. GILLMOR, Mr. BILIRAKIS, Mr. BROWN of Ohio,

Mr. FIELDS of Texas, Mr. FRANKS of Connecticut, Mr. HASTERT, Mrs.

LINCOLN, Mr. MANTON, Mr. PALLONE, Mr. RICHARDSON, Mr. STEARNS,

Mr. TAUZIN, and Mrs. THURMAN) introduced the following bill; which

was referred to the Committee on Commerce

APRIL 23, 1996

Additional sponsors: Mr. TOWNS, Mr. PAXON, Mr. GEJDENSON, Mr. ACKERMAN, Mr. DEUTSCH, Mr. BURR, Mr. EWING, Mr. SCHAEFER, Mr. SENSENBRENNER, Mr. STUPAK, Mr. LUTHER, Mr. GREENWOOD, Mr. LIGHTFOOT, Mr. SANDERS, Mr. COX of California, Ms. FURSE, Mr. DEAL of

Georgia, Mr. FOLEY, and Mr. WHITE

APRIL 23, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 12, 1995]

A BILL

To phase out the use of mercury in batteries and provide
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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.

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.

4 This Act may be cited as the ‘‘Mercury-Containing and

5 Rechargeable Battery Management Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) it is in the public interest to—

9 (A) phase out the use of mercury in bat10 teries and provide for the efficient and cost-effec11 tive collection and recycling or proper disposal of

12 used nickel cadmium batteries, small sealed lead13 acid batteries, and other regulated batteries; and

14 (B) educate the public concerning the collec15 tion, recycling, and proper disposal of such bat16 teries;

17 (2) uniform national labeling requirements for

18 regulated batteries, rechargeable consumer products,

19 and product packaging will significantly benefit pro20 grams for regulated battery collection and recycling

21 or proper disposal; and
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1 (3) it is in the public interest to encourage per2 sons who use rechargeable batteries to participate in

3 collection for recycling of used nickel-cadmium, small

4 sealed lead-acid, and other regulated batteries.

5 SEC. 3. DEFINITIONS.

6 For purposes of this Act:

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Environ9 mental Protection Agency.

10 (2) BUTTON CELL.—The term ‘‘button cell’’

11 means a button- or coin-shaped battery.

12 (3) EASILY REMOVABLE.—The term ‘‘easily re13 movable’’, with respect to a battery, means detachable

14 or removable at the end of the life of the battery—

15 (A) from a consumer product by a consumer

16 with the use of common household tools; or

17 (B) by a retailer of replacements for a bat18 tery used as the principal electrical power source

19 for a vehicle.

20 (4) MERCURIC-OXIDE BATTERY.—The term

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

22 mercuric-oxide electrode.

23 (5) RECHARGEABLE BATTERY.—The term ‘‘re24 chargeable battery’’—
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1 (A) means 1 or more voltaic or galvanic

2 cells, electrically connected to produce electric en3 ergy, that is designed to be recharged for re4 peated uses; and

5 (B) includes any type of enclosed device or

6 sealed container consisting of 1 or more such

7 cells, including what is commonly called a bat8 tery pack (and in the case of a battery pack, for

9 the purposes of the requirements of easy remov10 ability and labeling under section 103, means

11 the battery pack as a whole rather than each

12 component individually); but

13 (C) does not include—

14 (i) a lead-acid battery used to start an

15 internal combustion engine or as the prin16 cipal electrical power source for a vehicle,

17 such as an automobile, a truck, construction

18 equipment, a motorcycle, a garden tractor,

19 a golf cart, a wheelchair, or a boat;

20 (ii) a lead-acid battery used for load

21 leveling or for storage of electricity gen22 erated by an alternative energy source, such

23 as a solar cell or wind-driven generator;

24 (iii) a battery used as a backup power

25 source for memory or program instruction
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1 storage, timekeeping, or any similar pur2 pose that requires uninterrupted electrical

3 power in order to function if the primary

4 energy supply fails or fluctuates momentar5 ily; or

6 (iv) a rechargeable alkaline battery.

7 (6) RECHARGEABLE CONSUMER PRODUCT.—The

8 term ‘‘rechargeable consumer product’’—

9 (A) means a product that, when sold at re10 tail, includes a regulated battery as a primary

11 energy supply, and that is primarily intended

12 for personal or household use; but

13 (B) does not include a product that only

14 uses a battery solely as a source of backup power

15 for memory or program instruction storage,

16 timekeeping, or any similar purpose that re17 quires uninterrupted electrical power in order to

18 function if the primary energy supply fails or

19 fluctuates momentarily.

20 (7) REGULATED BATTERY.—The term ‘‘regulated

21 battery’’ means a rechargeable battery that—

22 (A) contains a cadmium or a lead electrode

23 or any combination of cadmium and lead elec24 trodes; or
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1 (B) contains other electrode chemistries and

2 is the subject of a determination by the Adminis3 trator under section 103(d).

4 (8) REMANUFACTURED PRODUCT.—The term

5 ‘‘remanufactured product’’ means a rechargeable

6 consumer product that has been altered by the re7 placement of parts, repackaged, or repaired after ini8 tial sale by the original manufacturer.

9 SEC. 4. INFORMATION DISSEMINATION.

10 The Administrator shall, in consultation with rep11 resentatives of rechargeable battery manufacturers, re12 chargeable consumer product manufacturers, and retailers,

13 establish a program to provide information to the public

14 concerning the proper handling and disposal of used regu15 lated batteries and rechargeable consumer products with

16 nonremovable batteries.

17 SEC. 5. ENFORCEMENT.

18 (a) CIVIL PENALTY.—When on the basis of any infor19 mation the Administrator determines that a person has vio20 lated, or is in violation of, any requirement of this Act (ex21 cept a requirement of section 104) the Administrator—

22 (1) in the case of any violation, may issue an

23 order assessing a civil penalty of not more than

24 $10,000 for each violation, or requiring compliance
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1 immediately or within a reasonable specified time pe2 riod, or both; or

3 (2) in the case of any violation or failure to com4 ply with an order issued under this section, may com5 mence a civil action in the United States district

6 court in the district in which the violation occurred

7 or in the district in which the violator resides for ap8 propriate relief, including a temporary or permanent

9 injunction.

10 (b) CONTENTS OF ORDER.—An order under subsection

11 (a)(1) shall state with reasonable specificity the nature of

12 the violation.

13 (c) CONSIDERATIONS.—In assessing a civil penalty

14 under subsection (a)(1), the Administrator shall take into

15 account the seriousness of the violation and any good faith

16 efforts to comply with applicable requirements.

17 (d) FINALITY OF ORDER; REQUEST FOR HEARING.—

18 An order under subsection (a)(1) shall become final unless,

19 not later than 30 days after the order is served, a person

20 named in the order requests a hearing on the record.

21 (e) HEARING.—On receiving a request under sub22 section (d), the Administrator shall promptly conduct a

23 hearing on the record.

24 (f) SUBPOENA POWER.—In connection with any hear25 ing on the record under this section, the Administrator may
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1 issue subpoenas for the attendance and testimony of wit2 nesses and for the production of relevant papers, books, and

3 documents.

4 (g) CONTINUED VIOLATION AFTER EXPIRATION OF PE5 RIOD FOR COMPLIANCE.—If a violator fails to take correc6 tive action within the time specified in an order under sub7 section (a)(1), the Administrator may assess a civil penalty

8 of not more than $10,000 for the continued noncompliance

9 with the order.

10 (h) SAVINGS PROVISION.—The Administrator may not

11 take any enforcement action against a person for selling,

12 offering for sale, or offering for promotional purposes to the

13 ultimate consumer a battery or product covered by this Act

14 that was—

15 (1) purchased ready for sale to the ultimate

16 consumer; and

17 (2) sold, offered for sale, or offered for pro18 motional purposes without modification.

19 The preceding sentence shall not apply to a person who is

20 the importer of a battery or product covered by this Act

21 and who has knowledge that the sale, offering for sale, or

22 offering for promotional purposes of such battery or product

23 is prohibited by this Act.
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1 SEC. 6. INFORMATION GATHERING AND ACCESS.

2 (a) RECORDS AND REPORTS.—A person who is re3 quired to carry out the objectives of this Act, including—

4 (1) a regulated battery manufacturer;

5 (2) a rechargeable consumer product manufac6 turer;

7 (3) a mercury-containing battery manufacturer;

8 and

9 (4) an authorized agent of a person described in

10 paragraph (1), (2), or (3),

11 shall establish and maintain such records and report such

12 information as the Administrator may by regulation rea13 sonably require to carry out the objectives of this Act.

14 (b) ACCESS AND COPYING.—The Administrator or the

15 Administrator’s authorized representative, on presentation

16 of credentials of the Administrator, may at reasonable times

17 have access to and copy any records required to be main18 tained under subsection (a).

19 (c) CONFIDENTIALITY.—The Administrator shall

20 maintain the confidentiality of documents and records that

21 contain proprietary information.

22 SEC. 7. STATE AUTHORITY.

23 Nothing in this Act shall be construed to prohibit a

24 State from enacting and enforcing a standard or require25 ment that is identical to a standard or requirement estab26 lished or promulgated under this Act. Except as provided
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1 in sections 103(e) and 104, nothing in this Act shall be con2 strued to prohibit a State from enacting and enforcing a

3 standard or requirement that is more stringent than a

4 standard or requirement established or promulgated under

5 this Act.

6 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated such sums as

8 are necessary to carry out this Act.

9 TITLE I—RECHARGEABLE

10 BATTERY RECYCLING ACT

11 SEC. 101. SHORT TITLE.

12 This title may be cited as the ‘‘Rechargeable Battery

13 Recycling Act’’.

14 SEC. 102. PURPOSE.

15 The purpose of this title is to facilitate the efficient

16 recycling or proper disposal of used nickel-cadmium re17 chargeable batteries, used small sealed lead-acid recharge18 able batteries, other regulated batteries, and such recharge19 able batteries in used consumer products, by—

20 (1) providing for uniform labeling requirements

21 and streamlined regulatory requirements for regulated

22 battery collection programs; and

23 (2) encouraging voluntary industry programs by

24 eliminating barriers to funding the collection and re-
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1 cycling or proper disposal of used rechargeable bat2 teries.

3 SEC. 103. RECHARGEABLE CONSUMER PRODUCTS AND LA4 BELING.

5 (a) PROHIBITION.—

6 (1) IN GENERAL.—No person shall sell for use in

7 the United States a regulated battery that is ready for

8 retail sale or a rechargeable consumer product that

9 is ready for retail sale, if such battery or product was

10 manufactured on or after the date 12 months after

11 the date of enactment of this Act, unless the labeling

12 requirements of subsection (b) are met and, in the

13 case of a regulated battery, the regulated battery—

14 (A) is easily removable from the recharge15 able consumer product; or

16 (B) is sold separately.

17 (2) APPLICATION.—Paragraph (1) does not

18 apply to any of the following:

19 (A) The sale of a remanufactured product

20 unit unless paragraph (1) applied to the sale of

21 the unit when originally manufactured.

22 (B) The sale of a product unit intended for

23 export purposes only.

24 (b) LABELING.—Each regulated battery or recharge25 able consumer product without an easily removable battery
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1 manufactured on or after the date that is 1 year after the

2 date of enactment of this Act, whether produced domesti3 cally or imported shall bear the following labels:

4 (1) 3 chasing arrows or a comparable recycling

5 symbol.

6 (2)(A) On each regulated battery which is a

7 nickel-cadmium battery, the chemical name or the ab8 breviation ‘‘Ni-Cd’’ and the phrase ‘‘BATTERY

9 MUST BE RECYCLED OR DISPOSED OF PROP10 ERLY.’’.

11 (B) On each regulated battery which is a lead12 acid battery, ‘‘Pb’’ or the words ‘‘LEAD’’, ‘‘RE13 TURN’’, and ‘‘RECYCLE’’ and if the regulated bat14 tery is sealed, the phrase ‘‘BATTERY MUST BE RE15 CYCLED.’’.

16 (3) On each rechargeable consumer product con17 taining a regulated battery that is not easily remov18 able, the phrase ‘‘CONTAINS NICKEL-CADMIUM

19 BATTERY. BATTERY MUST BE RECYCLED OR

20 DISPOSED OF PROPERLY.’’ or ‘‘CONTAINS

21 SEALED LEAD BATTERY. BATTERY MUST BE

22 RECYCLED.’’, as applicable.

23 (4) On the packaging of each rechargeable

24 consumer product, and the packaging of each regu25 lated battery sold separately from such a product, un-
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1 less the required label is clearly visible through the

2 packaging, the phrase ‘‘CONTAINS NICKEL-CAD3 MIUM BATTERY. BATTERY MUST BE RECY4 CLED OR DISPOSED OF PROPERLY.’’ or ‘‘CON5 TAINS SEALED LEAD BATTERY. BATTERY

6 MUST BE RECYCLED.’’, as applicable.

7 (c) EXISTING OR ALTERNATIVE LABELING.—

8 (1) INITIAL PERIOD.—For a period of 2 years

9 after the date of enactment of this Act, regulated bat10 teries, rechargeable consumer products containing reg11 ulated batteries, and rechargeable consumer product

12 packages that are labeled in substantial compliance

13 with subsection (b) shall be deemed to comply with

14 the labeling requirements of subsection (b).

15 (2) CERTIFICATION.—

16 (A) IN GENERAL.—On application by per17 sons subject to the labeling requirements of sub18 section (b) or the labeling requirements promul19 gated by the Administrator under subsection (d),

20 the Administrator shall certify that a different

21 label meets the requirements of subsection (b) or

22 (d), respectively, if the different label—

23 (i) conveys the same information as the

24 label required under subsection (b) or (d),

25 respectively; or
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1 (ii) conforms with a recognized inter2 national standard that is consistent with

3 the overall purposes of this title.

4 (B) CONSTRUCTIVE CERTIFICATION.—Fail5 ure of the Administrator to object to an applica6 tion under subparagraph (A) on the ground that

7 a different label does not meet either of the condi8 tions described in subparagraph (A) (i) or (ii)

9 within 120 days after the date on which the ap10 plication is made shall constitute certification

11 for the purposes of this Act.

12 (d) RULEMAKING AUTHORITY OF THE ADMINIS13 TRATOR.—

14 (1) IN GENERAL.—If the Administrator deter15 mines that other rechargeable batteries having elec16 trode chemistries different from regulated batteries are

17 toxic and may cause substantial harm to human

18 health and the environment if discarded into the solid

19 waste stream for land disposal or incineration, the

20 Administrator may, with the advice and counsel of

21 State regulatory authorities and manufacturers of re22 chargeable batteries and rechargeable consumer prod23 ucts, and after public comment—

24 (A) promulgate labeling requirements for

25 the batteries with different electrode chemistries,
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1 rechargeable consumer products containing such

2 batteries that are not easily removable batteries,

3 and packaging for the batteries and products;

4 and

5 (B) promulgate requirements for easy re6 movability of regulated batteries from recharge7 able consumer products designed to contain such

8 batteries.

9 (2) SUBSTANTIAL SIMILARITY.—The regulations

10 promulgated under paragraph (1) shall be substan11 tially similar to the requirements set forth in sub12 sections (a) and (b).

13 (e) UNIFORMITY.—After the effective dates of a require14 ment set forth in subsection (a), (b), or (c) or a regulation

15 promulgated by the Administrator under subsection (d), no

16 Federal agency, State, or political subdivision of a State

17 may enforce any easy removability or environmental label18 ing requirement for a rechargeable battery or rechargeable

19 consumer product that is not identical to the requirement

20 or regulation.

21 (f) EXEMPTIONS.—

22 (1) IN GENERAL.—With respect to any recharge23 able consumer product, any person may submit an

24 application to the Administrator for an exemption

25 from the requirements of subsection (a) in accordance
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1 with the procedures under paragraph (2). The appli2 cation shall include the following information:

3 (A) A statement of the specific basis for the

4 request for the exemption.

5 (B) The name, business address, and tele6 phone number of the applicant.

7 (2) GRANTING OF EXEMPTION.—Not later than

8 60 days after receipt of an application under para9 graph (1), the Administrator shall approve or deny

10 the application. On approval of the application the

11 Administrator shall grant an exemption to the appli12 cant. The exemption shall be issued for a period of

13 time that the Administrator determines to be appro14 priate, except that the period shall not exceed 2 years.

15 The Administrator shall grant an exemption on the

16 basis of evidence supplied to the Administrator that

17 the manufacturer has been unable to commence man18 ufacturing the rechargeable consumer product in com19 pliance with the requirements of this section and with

20 an equivalent level of product performance without

21 the product—

22 (A) posing a threat to human health, safety,

23 or the environment; or

24 (B) violating requirements for approvals

25 from governmental agencies or widely recognized
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1 private standard-setting organizations (includ2 ing Underwriters Laboratories).

3 (3) RENEWAL OF EXEMPTION.—A person granted

4 an exemption under paragraph (2) may apply for a

5 renewal of the exemption in accordance with the re6 quirements and procedures described in paragraphs

7 (1) and (2). The Administrator may grant a renewal

8 of such an exemption for a period of not more than

9 2 years after the date of the granting of the renewal.

10 SEC. 104. REQUIREMENTS.

11 (a) BATTERIES SUBJECT TO CERTAIN REGULA12 TIONS.—The collection, storage, or transportation of used

13 rechargeable batteries, batteries described in section 3(5)(C)

14 or in title II, and used rechargeable consumer products con15 taining rechargeable batteries that are not easily removable

16 rechargeable batteries, shall, notwithstanding any law of a

17 State or political subdivision thereof governing such collec18 tion, storage, or transportation, be regulated under applica19 ble provisions of the regulations promulgated by the Envi20 ronmental Protection Agency at 60 Fed. Reg. 25492 (May

21 11, 1995), as effective on May 11, 1995, except as provided

22 in paragraph (2) of subsection (b) and except that—

23 (1) the requirements of 40 CFR 260.20, 260.40,

24 and 260.41 and the equivalent requirements of an ap25 proved State program shall not apply, and
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1 (2) this section shall not apply to any lead acid

2 battery managed under 40 CFR 266 subpart G or the

3 equivalent requirements of an approved State pro4 gram.

5 (b) ENFORCEMENT UNDER SOLID WASTE DISPOSAL

6 ACT.—(1) Any person who fails to comply with the require7 ments imposed by subsection (a) of this section may be sub8 ject to enforcement under applicable provisions of the Solid

9 Waste Disposal Act.

10 (2) States may implement and enforce the require11 ments of subsection (a) if the Administrator finds that—

12 (A) the State has adopted requirements that are

13 identical to those referred to in subsection (a) govern14 ing the collection, storage, or transportation of bat15 teries referred to in subsection (a); and

16 (B) the State provides for enforcement of such re17 quirements.

18 TITLE II—MERCURY-CONTAIN19 ING BATTERY MANAGEMENT

20 ACT

21 SEC. 201. SHORT TITLE.

22 This title may be cited as the ‘‘Mercury-Containing

23 Battery Management Act’’.
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1 SEC. 202. PURPOSE.

2 The purpose of this title is to phase out the use of bat3 teries containing mercury.

4 SEC. 203. LIMITATIONS ON THE SALE OF ALKALINE-MAN5 GANESE BATTERIES CONTAINING MERCURY.

6 No person shall sell, offer for sale, or offer for pro7 motional purposes any alkaline-manganese battery manu8 factured on or after January 1, 1996, with a mercury con9 tent that was intentionally introduced (as distinguished

10 from mercury that may be incidentally present in other ma11 terials), except that the limitation on mercury content in

12 alkaline-manganese button cells shall be 25 milligrams of

13 mercury per button cell.

14 SEC. 204. LIMITATIONS ON THE SALE OF ZINC-CARBON BAT15 TERIES CONTAINING MERCURY.

16 No person shall sell, offer for sale, or offer for pro17 motional purposes any zinc-carbon battery manufactured

18 on or after January 1, 1996, that contains mercury that

19 was intentionally introduced as described in section 203.

20 SEC. 205. LIMITATIONS ON THE SALE OF BUTTON CELL

21 MERCURIC-OXIDE BATTERIES.

22 No person shall sell, offer for sale, or offer for pro23 motional purposes any button cell mercuric-oxide battery

24 for use in the United States on or after January 1, 1996.
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1 SEC. 206. LIMITATIONS ON THE SALE OF OTHER MERCURIC2 OXIDE BATTERIES.

3 (a) PROHIBITION.—On or after January 1, 1996, no

4 person shall sell, offer for sale, or offer for promotional pur5 poses a mercuric-oxide battery for use in the United States

6 unless the battery manufacturer, or the importer of such

7 a battery—

8 (1) identifies a collection site in the United

9 States that has all required Federal, State, and local

10 government approvals, to which persons may send

11 used mercuric-oxide batteries for recycling or proper

12 disposal;

13 (2) informs each of its purchasers of mercuric14 oxide batteries of the collection site identified under

15 paragraph (1); and

16 (3) informs each of its purchasers of mercuric17 oxide batteries of a telephone number that the pur18 chaser may call to get information about sending

19 mercuric-oxide batteries for recycling or proper dis20 posal.

21 (b) APPLICATION OF SECTION.—This section does not

22 apply to a sale or offer of a mercuric-oxide button cell bat23 tery.

24 SEC. 207. NEW PRODUCT OR USE.

25 On petition of a person that proposes a new use for

26 a battery technology described in this title or the use of a
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1 battery described in this title in a new product, the Admin2 istrator may exempt from this title the new use of the tech3 nology or the use of such a battery in the new product on

4 the condition, if appropriate, that there exist reasonable

5 safeguards to ensure that the resulting battery or product

6 without an easily removable battery will not be disposed

7 of in an incinerator, composting facility, or landfill (other

8 than a facility regulated under subtitle C of the Solid Waste

9 Disposal Act (42 U.S.C. 6921 et seq.)).