I
103D CONGRESS
2D SESSION
H. R. 4528
Entitled the ‘‘Mercury-Containing and Rechargeable Battery Management
Act’’.
IN THE HOUSE OF REPRESENTATIVES
MAY 26, 1994
Mr. RICHARDSON (for himself, Mr. COLEMAN, Mr. EHLERS, Mr. FROST, Mr.
UPTON, Ms. VELA´ZQUEZ, and Mr. WASHINGTON) introduced the follow-
ing bill; which was referred to the Committee on Energy and Commerce
A BILL
Entitled the ‘‘Mercury-Containing and Rechargeable Battery
Management Act’’.
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. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) On the basis of available scientific and med-
ical evidence, exposure to toxic metals including mer-
(5) It is in the public interest to encourage re-
cycling by persons who participate in collection, stor-
age, transportation, and recycling of used nickel-cad-
mium, small sealed lead-acid or any other regulated
batteries, and such batteries used in consumer prod-
ucts.
(6) It is in the public interest and will create
economic efficiencies to allow persons who partici-
pate in projects or programs to collect and properly
manage used batteries or battery-powered products
to enter into agreements with other participating
persons to include the costs of operating such pro-
grams in the price of such batteries and battery
powered products.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency.
(2) The term ‘‘battery pack’’ means any com-
bination of rechargeable batteries containing one or
more regulated batteries that commonly has wire
leads, terminals and dielectric housing.
(3) The term ‘‘easily removable’’ means the bat-
tery or battery pack is either detachable or remov-
able from a consumer product by a consumer with
the use of common household tools at the end of the
life of the product.
(4) The term ‘‘rechargeable battery’’ means any
type of enclosed device or sealed container consisting
of one or more voltaic or galvanic cells, electrically
connected to produce electric energy, that is de-
signed to be recharged for repeated uses. Such term
shall not include—
(A) any lead-acid battery used to start an
internal combustion engine or as the principal
electrical power source for vehicles, including
but not limited to automobiles, trucks, con-
struction equipment, motorcycles, garden trac-
tors, golfcarts, wheelchairs and boats;
(B) any lead-acid battery used for load lev-
eling or for storage of electricity generated by
alternative energy sources, such as (but not lim-
ited to) solar cells or wind driven generators;
(C) any battery used as a backup power
source 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; and
(D) rechargeable alkaline batteries.
(5) The term ‘‘rechargeable consumer product’’
means any 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. Such term shall not include any product that
only uses a battery solely as a backup power source
for memory or program instruction storage, time-
keeping, or any similar purpose that requires unin-
terrupted electrical power in order to function if the
primary energy supply fails or fluctuates momentar-
ily.
(6) The term ‘‘regulated battery’’ means any
rechargeable battery that contains a cadmium or a
lead electrode or any combination thereof, and such
other electrode chemistries as determined by the Ad-
ministrator pursuant to Section 103(e).
(7) The term ‘‘remanufactured product’’ means
a rechargeable consumer product that has been al-
tered by the replacement of parts, repackaged, or re-
paired after initial sale by the original manufacturer.
(8) The term ‘‘mercuric-oxide battery’’ means a
battery that uses a mercuric-oxide electrode.
(9) The term ‘‘button cell’’ means any button-
shaped or coin shaped battery.
SEC. 4. INFORMATION DISSEMINATION.
The Administrator shall, in consultation with rep-
resentatives of rechargeable battery manufacturers, re-
chargeable consumer product manufacturers and retailers,
establish a program to provide information to the public
concerning the proper handling and disposal of used regu-
lated batteries and rechargeable consumer products with
nonremovable batteries.
SEC. 5. ENFORCEMENT.
For the purposes of this Act:
(1) Whenever on the basis of any information
the Administrator determines that any person has
violated or is in violation of any requirement of this
Act, the Administrator may issue an order assessing
a civil penalty for any past or current violation, re-
quiring compliance immediately or within a reason-
able specified time period, or both, or the Adminis-
trator may commence a civil action in the United
States district court in the district in which the vio-
lation occurred for appropriate relief, including a
temporary or permanent injunction.
(2) Any order issued pursuant to this sub-
section shall state with reasonable specificity the na-
ture of the violation. Any penalty assessed in the
order shall not exceed $10,000 for each such viola-
tion. In assessing such a penalty, the Administrator
shall take into account the seriousness of the viola-
tion and any good faith efforts to comply with appli-
cable requirements.
(3) Any order issued under this section shall
become final unless, no later than thirty days after
the order is served, the person or persons named
therein request a public hearing. Upon such request
the Administrator shall promptly conduct a public
hearing. In connection with any proceeding under
this section the Administrator may issue subpoenas
for the attendance and testimony of witnesses and
the production of relevant papers, books and docu-
ments.
(4) If a violator fails to take corrective action
within the time specified in a compliance order, the
Administrator may assess a civil penalty of not more
that $10,000 for the continued noncompliance with
the order.
SEC. 6. INFORMATION GATHERING AND ACCESS.
For the purposes of this Act:
(1) Any person who is required to carry out the
objectives of this Act, including but not limited to
(1) regulated battery manufacturers, (2) recharge-
able consumer product manufacturers, (3) mercury
containing battery manufacturers, or (4) their au-
thorized agents shall establish and maintain such
records and report such information as the Adminis-
trator may by rulemaking reasonably require to
carry out the objectives of this Act.
(2) The Administrator or his authorized rep-
resentative upon presentation of his credentials may
at reasonable times have access to and copy any
such records required to be maintained under para-
graph (1) of this section.
(3) The Administrator shall maintain the con-
fidentiality of such documents and records that con-
tain proprietary information.
SEC. 7. STATE AUTHORITY.
Except as provided in sections 103(f) and 104, relat-
ing to requirements and the labeling of rechargeable bat-
teries, battery packs, or rechargeable consumer products
or packages containing such products, nothing in this Act
shall be construed so as 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.
Funds necessary to implement the requirements of
this Act are hereby authorized to be appropriated.
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:
(1) Reduce the quantity of cadmium and lead
entering solid waste landfills, incinerators and
composting facilities by promoting the efficient recy-
cling of used nickel-cadmium rechargeable batteries,
used small sealed lead-acid rechargeable batteries or
any other regulated battery, and such rechargeable
batteries in used consumer products, through uni-
form labeling requirements, streamlined regulatory
requirements for regulated battery collection pro-
grams, and by encouraging voluntary industry pro-
grams by eliminating barriers to funding the collec-
tion and recycling or proper disposal of used re-
chargeable batteries.
SEC. 103. RECHARGEABLE CONSUMER PRODUCTS AND LA-
BELING.
(a) PROHIBITION.—No person shall sell to the end
user for use in the United States a regulated battery or
rechargeable consumer product manufactured on or after
the date that is 12 months after the date of enactment
of this Act, unless—
(1) the regulated battery—
(A) is easily removable from the recharge-
able consumer product;
(B) is contained in a battery pack that is
easily removable from the product; or
(C) is sold separately; and
(2) the rechargeable consumer product and the
regulated battery are labeled in accordance with sub-
section (b).
(3) The requirements of subsection (a) do not
apply to the following:
(A) The sale of remanufactured product
units unless subsection (a) applied to the sale
of the unit when originally manufactured.
(B) Product units intended for export pur-
poses only.
(b) LABELING.—Each of the following items manu-
factured on or after the date that is 12 months after the
date of enactment of this Act, whether produced domesti-
cally or imported, shall be labeled with the three chasing
arrows or a comparable recycling symbol, and, on nickel-
cadmium batteries or battery packs, the chemical name
or the abbreviation ‘‘Ni-Cd’’, or, on lead-acid batteries and
battery packs, either ‘‘Pb’’ or the words ‘‘LEAD’’ ‘‘RE-
TURN’’ ‘‘RECYCLE’’, and all applicable statements list-
ed below:
(1) On each regulated battery or battery pack:
‘‘NICKEL-CADMIUM BATTERY. MUST BE RE-
CYCLED OR DISPOSED OF PROPERLY.’’ or
‘‘SEALED LEAD BATTERY. BATTERY MUST
BE RECYCLED.’’.
(2) On each rechargeable consumer product
without an easily removable battery or battery pack:
‘‘CONTAINS 
NICKEL-CADMIUM 
BATTERY.
BATTERY MUST BE RECYCLED OR DIS-
POSED 
OF 
PROPERLY.’’ 
or 
‘‘CONTAINS
SEALED LEAD BATTERY. BATTERY MUST
BE RECYCLED.’’.
(3) On the packaging of each rechargeable
consumer product, and the packaging of each regu-
lated battery or battery pack sold separately, unless
the relevant label is clearly visible through the pack-
aging: ‘‘CONTAINS NICKEL-CADMIUM BAT-
TERY. BATTERY MUST BE RECYCLED OR
DISPOSED OF PROPERLY.’’ or ‘‘CONTAINS
SEALED LEAD BATTERY. BATTERY MUST
BE RECYCLED.’’.
(c) EXISTING LABELING.—
(1) For a period of twenty-four (24) months
after the date of enactment of this Act, regulated
batteries and battery packs, rechargeable consumer
products containing regulated batteries, and re-
chargeable consumer product packages that are la-
beled in substantial compliance with subsection (b)
shall be deemed to comply with the labeling require-
ments of subsection (b).
(2) Upon application by persons subject to the
labeling requirements of subsection 103(b) of the la-
beling requirements promulgated by the Adminis-
trator under subsection 103(e), the Administrator
may approve and certify that a different label meets
the requirements of subsections 103 (b) and (e), if
the different label is substantially similar to the label
required under subsections 103 (b) or (e) or con-
forms with a recognized international standard and
is consistent with the overall purposes of this Title.
(d) POINT OF SALE INFORMATION.—Any retail es-
tablishment that offers for sale any battery or product
subject to the requirements of subsection (b) or regula-
tions promulgated by the Administrator under subsection
(e), shall display in a manner visible to the consumer, a
written notice that informs the consumer that regulated
batteries, whether sold separately or in rechargeable prod-
ucts, must be recycled or disposed of properly.
(e) ADMINISTRATOR’S RULEMAKING AUTHORITY.—If
the Administrator determines that other rechargeable bat-
teries having electrode chemistries different from regu-
lated 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 re-
chargeable batteries and products, and after public com-
ment, (1) promulgate labeling requirements for such bat-
teries, battery backs, products without easily removable
batteries and their packaging, and (2) promulgate easily-
removable design requirements for rechargeable consumer
products designed to contain such batteries or battery
packs. The regulations promulgated pursuant to this sub-
section shall be substantially similar to the requirements
contained in subsections (a) and (b).
(f) UNIFORMITY.—After the effective dates of the re-
quirements set forth in Section 103, no federal agency,
State, or political subdivision may enforce any easy remov-
ability or environmental labeling requirement for a re-
chargeable battery or product that includes a rechargeable
battery that is not identical to the requirements contained
in subsections (a), (b) and (c) or the regulations promul-
gated by the Administrator under subsection (e).
(g) 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.—Within 60
days of receipt of an application under paragraph
(1), the Administrator shall approve or deny the ap-
plication. Upon approval of the application the Ad-
ministrator shall grant an exemption to the appli-
cant. The exemption shall be issued for a period of
time that the Administrator determines to be appro-
priate, except that such 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) resulting in danger to human health,
safety, or the environment; or
(B) violating requirements for approvals
from governmental agencies or widely recog-
nized private standard-setting organizations (in-
cluding but not limited to Underwriters Labora-
tories).
(3) RENEWAL
OF
EXEMPTION.—A person
granted an exemption may apply for a renewal of
the exemption in accordance with the requirements
and procedures described in paragraph (2). The Ad-
ministrator may grant renewals of an exemption for
periods of not more than 2 years after the date of
granting of the renewal.
SEC. 104. REQUIREMENTS.
For the purposes of carrying out the collection, stor-
age, transportation and recycling or proper disposal of
used rechargeable batteries and products without easily
removable rechargeable batteries, persons involved in col-
lecting, storing, or transporting used rechargeable bat-
teries or products containing used rechargeable batteries
to a facility for recycling or proper disposal shall be regu-
lated in the same manner and with the same limitations
as if such persons were collecting, storing or transporting
batteries subject to 40 CFR part 266 subpart G on Janu-
ary 1, 1993, notwithstanding any regulations adopted pur-
suant to a grant of authority to a State under Section
3006 of the Solid Waste Disposal Act (42 U.S.C. 6926).
SEC. 105. COOPERATIVE EFFORTS.
If two or more persons who participate in projects
or programs to collect and properly manage used recharge-
able batteries or products powered by rechargeable bat-
teries advise the Administrator of their intent, they may
agree to develop jointly, or to share in the costs of partici-
pating in, such a program and to examine and rely upon
such cost information as is collected during the project
or program, notwithstanding any other provision of law.
SEC. 106. REPORT TO THE CONGRESS.
(a) REPORT DEADLINES IN GENERAL.—Not later
than 36 months after the date of enactment of this Act,
the Administrator, after consultation with and obtaining
relevant industrywide data from the States, environmental
and consumer groups, and organizations representing re-
chargeable battery manufacturers, rechargeable consumer
product manufacturers and retailers, and after public
hearing and comment, shall submit to Congress a report
that provides the information specified in Subsection (b).
In collecting information for said report, the Adminis-
trator shall coordinate with the aforementioned States, en-
vironmental and consumer groups, and organizations to
minimize the frequency and scope of any reporting re-
quirements associated with the manufacture, sale, or col-
lection of regulated batteries.
(b) CONTENT OF REPORT.—The report described in
Subsection (a) shall consider and discuss each of the fol-
lowing:
(1) A review of the activities carried out by the
entities listed in subsection (a) with respect to the
labeling and collection, transportation, and recycling
or disposal of regulated batteries.
(2) An estimate, for the period beginning on the
date of enactment of this section and ending on the
date of preparation of the report, of the number of
regulated batteries entering the solid waste stream
for disposal in incinerators, landfills and municipal
solid waste facilities.
(3) A review of the recycling and reclamation
rates for regulated batteries.
(4) A review of the availability of permitted fa-
cilities sufficient to handle the current and projected
volume of used regulated batteries, along with a
complete evaluation of potential regulatory impedi-
ments to management options.
(5) A list of entities involved in the production
and distribution of regulated batteries or recharge-
able consumer products participating in programs
for the collection of regulated batteries.
(6) A list of entities involved in the production
and distribution of regulated batteries or recharge-
able consumer products, excluding retailers, that are
not participating in regulated battery collection pro-
grams. In formulating such list, the Administrator
shall not require any participant to report the name
of any non-participant. Prior to listing any entity as
a nonparticipant, the Administrator must determine
that the entity should be a participant, and inde-
pendently verify with the entity that it is not a par-
ticipant.
(c) FREQUENCY OF REPORT.—24 months after publi-
cation of the report required in subsection (a), and bienni-
ally thereafter, the Administrator shall issue a report that
provides an update of the information specified in sub-
section (b).
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 eliminate the quantity
of mercury entering solid waste landfills, incinerators and
composting facilities by phasing out the use of mercury
in 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 January 1, 1996, with a mercury con-
tent that was intentionally introduced (as distinguished
from mercury which 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 January 1, 1995, that contains any mercury
that was intentionally introduced.
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
on or after January 1, 1995.
SEC. 206. LIMITATIONS ON THE SALE OF MERCURIC-OXIDE
BATTERIES.
No person shall sell, offer for sale, or offer for pro-
motional purposes, any mercuric-oxide battery on or after
January 1, 1997.
Æ
HR 4528 IH——2