(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
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
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 pur-
chaser may call to get information about sending
mercuric-oxide batteries for recycling or proper dis-
posal.
(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 Ad-
ministrator 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 reason-
able 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 land-
fill (other than a facility regulated under subtitle C of the
Solid Waste Disposal Act (42 U.S.C. 6921 et seq.)).
Passed the House of Representatives April 23, 1996.
Attest:
Clerk.