IIA
104TH CONGRESS
2D SESSION
H. R. 2024
IN THE SENATE OF THE UNITED STATES
APRIL 24, 1996
Received
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 bat-
teries, and for other purposes.
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Be it enacted by the Senate and House of Representa-
tives 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 bat-
teries and provide for the efficient and cost-ef-
fective collection and recycling or proper dis-
posal of used nickel cadmium batteries, small
sealed lead-acid batteries, and other regulated
batteries; and
(B) educate the public concerning the col-
lection, recycling, and proper disposal of such
batteries;
(2) uniform national labeling requirements for
regulated batteries, rechargeable consumer products,
and product packaging will significantly benefit pro-
grams for regulated battery collection and recycling
or proper disposal; and
(3) it is in the public interest to encourage per-
sons who use rechargeable batteries to participate in
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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 ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) BUTTON
CELL.—The term ‘‘button cell’’
means a button- or coin-shaped battery.
(3) EASILY REMOVABLE.—The term ‘‘easily re-
movable’’, with respect to a battery, means detach-
able or removable at the end of the life of the bat-
tery—
(A) from a consumer product by a
consumer with the use of common household
tools; or
(B) by a retailer of replacements for a bat-
tery 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 ‘‘re-
chargeable battery’’—
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(A) means 1 or more voltaic or galvanic
cells, electrically connected to produce electric
energy, that is designed to be recharged for re-
peated 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 bat-
tery pack (and in the case of a battery pack, for
the purposes of the requirements of easy remov-
ability 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 prin-
cipal electrical power source for a vehicle,
such as an automobile, a truck, construc-
tion 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 gen-
erated by an alternative energy source,
such as a solar cell or wind-driven genera-
tor;
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(iii) a battery used as a backup power
source for memory or program instruction
storage, timekeeping, or any similar pur-
pose that requires uninterrupted electrical
power in order to function if the primary
energy supply fails or fluctuates momen-
tarily; or
(iv) a rechargeable alkaline battery.
(6) RECHARGEABLE
CONSUMER
PRODUCT.—
The term ‘‘rechargeable consumer product’’—
(A) means a product that, when sold at re-
tail, 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 stor-
age, 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 ‘‘regu-
lated battery’’ means a rechargeable battery that—
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(A) contains a cadmium or a lead electrode
or any combination of cadmium and lead elec-
trodes; or
(B) contains other electrode chemistries
and is the subject of a determination by the Ad-
ministrator under section 103(d).
(8) REMANUFACTURED
PRODUCT.—The term
‘‘remanufactured product’’ means a rechargeable
consumer product that has been altered by the re-
placement of parts, repackaged, or repaired after
initial sale by the original manufacturer.
SEC. 4. INFORMATION DISSEMINATION.
The Administrator shall, in consultation with rep-
resentatives of rechargeable battery manufacturers, re-
chargeable consumer product manufacturers, and retail-
ers, establish a program to provide information to the pub-
lic 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 infor-
mation 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—
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(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 pe-
riod, 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 ap-
propriate relief, including a temporary or permanent
injunction.
(b) CONTENTS OF ORDER.—An order under sub-
section (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 un-
less, not later than 30 days after the order is served, a
person named in the order requests a hearing on the
record.
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(e) HEARING.—On receiving a request under sub-
section (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 Adminis-
trator may issue subpoenas for the attendance and testi-
mony of witnesses and for the production of relevant pa-
pers, books, and documents.
(g) CONTINUED VIOLATION AFTER EXPIRATION OF
PERIOD FOR COMPLIANCE.—If a violator fails to take cor-
rective 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 non-
compliance with the order.
(h) SAVINGS PROVISION.—The Administrator may
not take any enforcement action against a person for sell-
ing, 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 pro-
motional purposes without modification.
The preceding sentence shall not apply to a person—
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(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 re-
quired to carry out the objectives of this Act, including—
(1) a regulated battery manufacturer;
(2) a rechargeable consumer product manufac-
turer;
(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 rea-
sonably require to carry out the objectives of this Act.
(b) ACCESS AND COPYING.—The Administrator or
the Administrator’s authorized representative, on presen-
tation of credentials of the Administrator, may at reason-
able times have access to and copy any records required
to be maintained under subsection (a).
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(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 require-
ment that is identical to a standard or requirement estab-
lished 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 re-
chargeable batteries, used small sealed lead-acid recharge-
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able batteries, other regulated batteries, and such re-
chargeable batteries in used consumer products, by—
(1) providing for uniform labeling requirements
and streamlined regulatory requirements for regu-
lated battery collection programs; and
(2) encouraging voluntary industry programs by
eliminating barriers to funding the collection and re-
cycling or proper disposal of used rechargeable bat-
teries.
SEC. 103. RECHARGEABLE CONSUMER PRODUCTS AND LA-
BELING.
(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 recharge-
able consumer product; or
(B) is sold separately.
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(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 recharge-
able 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 do-
mestically 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’’, ‘‘RE-
TURN’’, and ‘‘RECYCLE’’ and if the regulated bat-
tery is sealed, the phrase ‘‘BATTERY MUST BE
RECYCLED.’’.
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(3) On each rechargeable consumer product
containing a regulated battery that is not easily re-
movable, the phrase ‘‘CONTAINS NICKEL-CAD-
MIUM BATTERY. BATTERY MUST BE RECY-
CLED OR DISPOSED OF PROPERLY.’’ or
‘‘CONTAINS SEALED LEAD BATTERY. BAT-
TERY MUST BE RECYCLED.’’, as applicable.
(4) On the packaging of each rechargeable
consumer product, and the packaging of each regu-
lated 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. BAT-
TERY 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).
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(2) CERTIFICATION.—
(A) IN GENERAL.—On application by per-
sons subject to the labeling requirements of
subsection (b) or the labeling requirements pro-
mulgated by the Administrator under sub-
section (d), the Administrator shall certify that
a different label meets the requirements of sub-
section (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 inter-
national standard that is consistent with
the overall purposes of this title.
(B) 
CONSTRUCTIVE
CERTIFICATION.—
Failure of the Administrator to object to an ap-
plication under subparagraph (A) on the
ground that a different label does not meet ei-
ther of the conditions described in subpara-
graph (A) (i) or (ii) within 120 days after the
date on which the application is made shall con-
stitute certification for the purposes of this Act.
(d) RULEMAKING AUTHORITY
OF
THE ADMINIS-
TRATOR.—
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(1) IN GENERAL.—If the Administrator deter-
mines that other rechargeable batteries having elec-
trode 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 chem-
istries, rechargeable consumer products contain-
ing such batteries that are not easily removable
batteries, and packaging for the batteries and
products; and
(B) promulgate requirements for easy re-
movability of regulated batteries from recharge-
able consumer products designed to contain
such batteries.
(2) SUBSTANTIAL
SIMILARITY.—The regula-
tions promulgated under paragraph (1) shall be sub-
stantially similar to the requirements set forth in
subsections (a) and (b).
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(e) UNIFORMITY.—After the effective dates of a re-
quirement set forth in subsection (a), (b), or (c) or a regu-
lation promulgated by the Administrator under subsection
(d), no Federal agency, State, or political subdivision of
a State may enforce any easy removability or environ-
mental 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 re-
chargeable consumer product, any person may sub-
mit an application to the Administrator for an ex-
emption from the requirements of subsection (a) in
accordance with the procedures under paragraph
(2). The application shall include the following infor-
mation:
(A) A statement of the specific basis for
the request for the exemption.
(B) The name, business address, and tele-
phone number of the applicant.
(2) GRANTING OF EXEMPTION.—Not later than
60 days after receipt of an application under para-
graph (1), the Administrator shall approve or deny
the application. On approval of the application the
Administrator shall grant an exemption to the appli-
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cant. The exemption shall be issued for a period of
time that the Administrator determines to be appro-
priate, except that the period shall not exceed 2
years. The Administrator shall grant an exemption
on the basis of evidence supplied to the Adminis-
trator 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 per-
formance without the product—
(A) posing a threat to human health, safe-
ty, or the environment; or
(B) violating requirements for approvals
from governmental agencies or widely recog-
nized private standard-setting organizations (in-
cluding 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 grant-
ing of the renewal.
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SEC. 104. REQUIREMENTS.
(a) BATTERIES SUBJECT
TO CERTAIN REGULA-
TIONS.—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, notwith-
standing 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 sub-
section (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 re-
quirements imposed by subsection (a) of this section may
be subject to enforcement under applicable provisions of
the Solid Waste Disposal Act.
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(2) States may implement and enforce the require-
ments 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-CONTAIN-
ING 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-MAN-
GANESE BATTERIES CONTAINING MERCURY.
No person shall sell, offer for sale, or offer for pro-
motional purposes any alkaline-manganese battery manu-
factured 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
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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 pro-
motional 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 pro-
motional purposes any button cell mercuric-oxide battery
for use in the United States on or after the date of enact-
ment of this Act.
SEC. 206. LIMITATIONS ON THE SALE OF OTHER MER-
CURIC-OXIDE BATTERIES.
(a) PROHIBITION.—On or after the date of enact-
ment 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 manufac-
turer, 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