I
105TH CONGRESS
1ST SESSION
H. R. 2910
To reduce the risk of mercury pollution through use reduction, increased
recycling, and reduction of emissions into the environment, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 7, 1997
Mr. PALLONE (for himself, Mr. SANDERS, and Mr. ALLEN) introduced the fol-
lowing bill; which was referred to the Committee on Commerce, and in
addition to the Committee on Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To reduce the risk of mercury pollution through use reduc-
tion, increased recycling, and reduction of emissions into
the environment, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
This Act may be cited as the ‘‘Mercury Environ-
mental Risk and Comprehensive Utilization Reduction Ini-
tiative’’.
Sec. 1. Short title and table of contents.
Sec. 2. Congressional findings and purposes.
Sec. 3. Battery recycling.
Sec. 4. Reduction of mercury in packaging.
Sec. 5. Prohibition on use of mercury as a fungicide.
Sec. 6. Use and disposal of mercury by Department of Defense.
Sec. 7. Requirements for waste processors and disposal facilities.
Sec. 9. Surcharge on mercury air emissions.
Sec. 10. FDA study of mercury compounds in drugs and food.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress makes the following
findings:
(1) On the basis of available scientific and med-
ical evidence, exposure to mercury and other toxic
metals, is of concern to human health and the envi-
ronment.
(2) The presence of mercury and other toxic
metals in consumer products is of concern in light
of the health consequences associated with exposure
to mercury and other toxic metals.
(3) The presence of mercury and other toxic
metals in certain batteries is of special concern, par-
ticularly in light of the substantial quantity of used
batteries discarded annually in the solid waste
stream and the potential environmental and health
consequences 
associated 
with 
land 
disposal,
composting, or incineration.
(4) A comprehensive study of the use of mer-
cury by the Department of Defense will significantly
further the goal of reducing mercury pollution.
(b) PURPOSES.—It is the purpose of this Act to—
(1) reduce the quantity of mercury and toxic
metals entering solid waste landfills, incinerators,
and composting facilities by phasing-out or greatly
reducing the use of mercury in certain products and
by providing for the efficient and cost-effective col-
lection and recycling or proper disposal of used bat-
teries and other products containing mercury;
(2) educate the public concerning the collection,
recycling, and proper disposal of such products;
(3) reduce the quantity of mercury entering the
environment by greatly reducing air emissions of
mercury from stationary sources;
(4) increase public knowledge of the sources of
mercury exposure and the threat to public health
posed by such exposure; and
(5) significantly decrease the threat to human
health and the environment posed by mercury.
SEC. 3. BATTERY RECYCLING.
(a) AMENDMENT.—The Solid Waste Disposal Act is
amended by adding the following new subtitle at the end
thereof:
‘‘Subtitle K—Battery Recycling
‘‘SEC. 12001. DEFINITIONS.
‘‘For purposes of this subtitle:
‘‘(1) The term ‘battery’ means an alkaline or
lead-acid battery.
‘‘(2) The term ‘battery distributor’ means a
person who sells or offers for sale batteries in inter-
state commerce to battery retailers.
‘‘(3) The term ‘battery retailer’ means a person
who purchases batteries from a battery distributor
for sale to a consumer or who sells or offers to sell
in commerce batteries to a consumer.
‘‘(4) The term ‘consumer’ means a person who
purchases a battery for any use other than resale.
‘‘(5) The term ‘refund value’ means the amount
specified as the refund value of a battery under sec-
tion 12002.
‘‘SEC. 12002. REQUIRED BATTERY LABELING.
‘‘Except as otherwise provided in section 12007, no
battery distributor or battery retailer may sell or offer for
sale in interstate commerce a battery unless there is clear-
ly, prominently, and securely affixed to, or printed on, the
container a statement of the refund value of the battery.
The Administrator shall promulgate rules establishing
uniform standards for the size and location of the refund
value statement on batteries. The refund amount for any
class or category of batteries shall be specified by, and
subject to adjustment by, the Administrator.
‘‘SEC. 12003. ORIGINATION OF REFUND VALUE.
‘‘For each battery sold in interstate commerce to a
battery retailer by a battery distributor, the distributor
shall collect from the retailer the amount of the refund
value shown on the battery. With respect to each battery
sold in interstate commerce to a consumer by a battery
retailer, the retailer shall collect from the consumer the
amount of the refund value shown on the battery. No per-
son other than the persons described in this section may
collect a deposit on a battery.
‘‘SEC. 12004. RETURN OF REFUND VALUE.
‘‘(a) PAYMENT BY RETAILER.—If any person tenders
for refund a used battery to a battery retailer who sells
(or has sold at any time during the period of 3 months
ending on the date of such tender) the same brand of bat-
tery, the retailer shall promptly pay such person the
amount of the refund value stated on the battery.
‘‘(b) PAYMENT
BY DISTRIBUTOR.—If any person
tenders for refund a used battery to a battery distributor
who sells (or has sold at any time during the period of
3 months ending on the date of such tender) the same
brand of battery, the distributor shall promptly pay such
person (1) the amount of the refund value stated on the
battery, plus (2) an amount equal to at least 10 cents per
battery to help defray the cost of handling. This sub-
section shall not preclude any person from tendering bat-
teries to persons other than battery distributors.
‘‘(c) AGREEMENTS.—(1) Nothing in this subtitle
shall preclude agreements between distributors, retailers,
or other persons to establish centralized battery collection
centers, including centers which act as agents of such re-
tailers.
‘‘(2) Nothing in this subtitle shall preclude agree-
ments between battery retailers, battery distributors, or
other persons for the crushing or bundling (or both) of
batteries.
‘‘SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND
PROVISIONS FOR STATE RECYCLING FUNDS.
‘‘(a) UNCLAIMED REFUNDS.—At the end of each cal-
endar year each battery distributor shall pay to each State
an amount equal to the sum by which the total refund
value of all batteries sold by the distributor for resale in
that State during that year exceeds the total sum paid
during that year by the distributor under section 12004(b)
to persons in that State. The total of unclaimed refunds
received by any State under this section shall be available
to carry out pollution prevention and recycling programs
in that State.
‘‘(b) REFUNDS IN EXCESS OF COLLECTIONS.—If the
total of payments made by a battery distributor in any
calendar year under section 12004(b) for any State exceed
the total refund value of all batteries sold by the distribu-
tor for resale in that State, the excess shall be credited
against the amount otherwise required to be paid by the
distributor to that State under subsection (a) for a subse-
quent calendar year designated by the battery distributor.
‘‘SEC. 12006. PROHIBITIONS ON POST-REDEMPTION DIS-
POSAL.
‘‘No retailer or distributor or agent of a retailer or
distributor may dispose of any battery labeled under sec-
tion 12002 in any landfill or other solid waste disposal
facility.
‘‘SEC. 12007. EXEMPTED STATES.
‘‘(a) IN GENERAL.—The provisions of sections 12002
through 12005 and sections 12008 and 12009 of this sub-
title shall not apply in any State which—
‘‘(1) has adopted and implemented require-
ments applicable to all batteries sold in that State
which the Administrator determines to be substan-
tially identical to the provisions of sections 12002
through 12005 and sections 12008 and 12009 of
this subtitle; or
‘‘(2) demonstrates to the Administrator that,
for any period of 12 consecutive months following
the date of the enactment of this subtitle, such State
(i) the background levels of mercury
that naturally occur in raw materials or
are present as postconsumer additions, and
that are not purposefully added to perform
as part of a package or packaging compo-
nent; and
(ii) any trace quantities of a process-
ing aid or similar material used to produce
a product from which a package or pack-
aging component is manufactured, if the
processing aid or similar material is rea-
sonably expected to be consumed or trans-
formed into a nonregulated material dur-
ing the process.
(5) MANUFACTURER.—The term ‘‘manufac-
turer’’ means any person in the chain of production
who makes a package or packaging component for
sale or promotional purposes, including an importer
of packages or packaging components.
(6) 
PACKAGE
OR
PACKAGING.—The 
term
‘‘package’’ or ‘‘packaging’’ means a container that
provides a means of marketing, protecting, or han-
dling a product. The term includes a unit package,
an intermediate, and a chipping container as defined
in standard D-996 issued by the American Society
of Testing and Materials, and unsealed receptacles
such as carrying cases, crates, cups, pails, rigid foil,
and other trays, wrappers and wrapping films, bags,
and tubs.
(7) PACKAGING COMPONENT.—The term ‘‘pack-
aging component’’ means any individual assembled
part of packaging, including any interior or exterior
blocking, bracing, cushioning, weatherproofing, exte-
rior strapping, coating, closure, ink, label, adhesive,
and stabilizer, except that the term does not include
steel strapping. For the purposes of this section, tin-
plated steel that meets the specification under stand-
ard A-623 issued by the American Society of Test-
ing and Materials shall be deemed an individual
packaging component.
(b) PROHIBITION
ON ADDITION
OF MERCURY
IN
PACKAGING.—
(1) IN GENERAL.—Except as provided in sub-
section (c), effective 2 years after the date of enact-
ment of this Act, the intentional introduction of
mercury to packaging or any component thereof dur-
ing manufacturing or distribution by any person is
prohibited.
(2) CONCENTRATION LEVELS.—The sum of the
concentration levels of mercury present in packaging
or any component thereof may not exceed the follow-
ing amounts:
(A) 600 parts per million by weight (0.06
percent) on or after the date that is 2 years
after the date of enactment of this Act and be-
fore the date specified in paragraph (2).
(B) 250 parts per million by weight (0.025
percent) on or after the date that is 3 years
after the date of enactment of this Act and be-
fore the date specified in paragraph (3).
(C) 100 parts per million by weight (0.01
percent) on or after the date that is 4 years
after the date of enactment of this Act.
(c) EXEMPTIONS.—
(1) IN
GENERAL.—The requirements of sub-
section (b) shall not apply to packaging and any
component thereof—
(A) with a code indicating a date of manu-
facture of the packaging or component, or date
of bottling or manufacturing of distilled spirits
and wines, that is prior to the effective date of
this Act; or
(B) if alternative evidence of a date of
manufacture or bottling prior to the effective
date of this Act is provided to the satisfaction
of the Administrator.
(2) SAFETY CONSIDERATIONS.—
(A) IN
GENERAL.—The requirements of
subsection (b) shall not apply to packaging and
any component thereof to which mercury has
been added in the manufacturing, forming,
printing, or distribution process—
(i) in order to comply with health or
safety requirements of Federal law; or
(ii) because the addition of one or
more of the substances is essential for the
protection, safe handling, or functioning of
the contents of the packaging,
if the Administrator grants an exemption from
the requirements of this section to the manufac-
turer of the package or packaging component
on the basis of either criterion.
(B) PERIOD.—If the Administrator deter-
mines that circumstances warrant an exemption
from the requirements of this section, the Ad-
ministrator may grant an exemption for a pe-
riod of 2 years.
(C) RENEWAL.—An exemption under para-
graph (2) may, on meeting either criterion
under paragraph (1), be renewed every 2 years.
(3) USE
OF
RECYCLED
MATERIALS.—During
the 6-year period beginning on the date of enact-
ment of this Act, the requirements of subsection (b)
shall not apply to packaging and any component
thereof that would not exceed the concentration lev-
els in subsection (b) but for the addition of recycled
materials.
(d) CERTIFICATE OF COMPLIANCE.—
(1) IN GENERAL.—
(A) REQUIREMENT.—Not later than 2
years after the date of enactment of this Act,
the manufacturer or supplier of packaging or
any component thereof shall furnish to each
purchaser a certificate of compliance stating
that the packaging or packaging component is
in compliance with the requirements of this sec-
tion.
(B) EXEMPTIONS.—If the manufacturer or
supplier claims an exemption under subsection
(c), the manufacturer or supplier shall state the
specific basis on which the exemption is claimed
on the certificate of compliance.
(C) SIGNATURE.—The certificate of com-
pliance shall be signed by an authorized official
of the manufacturing or supplying company.
(D) RETENTION OF CERTIFICATE BY PUR-
CHASER.—The purchaser shall retain the cer-
tificate of compliance for as long as the packag-
ing is in use.
(E) RETENTION
OF
COPY
BY
MANUFAC-
TURER OR SUPPLIER.—A copy of the certificate
of compliance shall be kept on file by the manu-
facturer or supplier of the packaging or packag-
ing component.
(F) COPIES TO ADMINISTRATOR AND PUB-
LIC.—A copy of the certificate of compliance
shall be furnished to the Administrator on re-
quest, and to members of the public in accord-
ance with subsection (e).
(2) AMENDED OR NEW CERTIFICATE.—If the
manufacturer or supplier of packaging or packaging
components reformulates or creates a new package
or packaging component, the manufacturer or sup-
plier shall provide an amended or new certificate of
compliance for the reformulated or new package or
packaging component.
(e) PUBLIC ACCESS.—
(1) REQUEST.—A request from a member of
the public for a copy of a certificate of compliance
from the manufacturer or supplier of packaging or
components thereof shall be—
(A) in writing, with a copy provided to the
Administrator; and
(B) specific as to the package or packaging
component information requested.
(2) RESPONSE TO REQUEST.—A manufacturer
shall respond to a request that meets the require-
ments of paragraph (1) not later than 60 days after
receipt of the request.
(f) FEDERAL ENFORCEMENT.—Whenever on the
basis of any information the Administrator determines
that any person has violated or is in violation of this sec-
tion, the Administrator may issue an order assessing a
civil penalty in an amount not to exceed $25,000.
(g) NONPRE-EMPTION.—Nothing in this section shall
be construed so as to prohibit a State from establishing
and enforcing a standard or requirement with respect to
toxic metals in packaging that is more stringent than a
standard or requirement relating to toxic metals in pack-
aging established or promulgated under this section.
(h) REGULATIONS.—Not later than 18 months after
the date of enactment of this Act, the Administrator shall
promulgate regulations to carry out this section.
SEC. 5. PROHIBITION ON USE OF MERCURY AS A FUN-
GICIDE.
The Federal Insecticide, Fungicide, and Reodenticide
Act is amended is amended by adding the following new
paragraph at the end of subsection (c) of section 3:
‘‘(9) 
FUNGICIDES
CONTAINING
PHENYLMERCURIC
ACETATE.—The Administrator
may not register or reregister any fungicide contain-
ing phenylmercuric acetate, and any registration of
any such fungicide prior to the enactment of this
paragraph shall cease to be effective on the date 60
days after the enactment of this paragraph.’’.
SEC. 6. USE AND DISPOSAL OF MERCURY BY DEPARTMENT
OF DEFENSE.
(a) STUDY OF DOD MERCURY USE.—The Adminis-
trator of the Comptroller General shall undertake a study
of the use and disposal by the Department of Defense of
mercury, both as a raw material and in products procured
by the Department. Not later than 1 year after the enact-
ment of this Act, the Administrator shall submit a report
to the Congress containing the results of such study.
(b) REDUCTION IN MERCURY USE.—Not later than
3 years after the enactment of this Act the Secretary of
Defense shall submit to the Congress a program for reduc-
ing mercury use in military products.
SEC. 7. REQUIREMENTS FOR WASTE PROCESSORS AND DIS-
POSAL FACILITIES.
(a) INCINERATORS.—(1) Subtitle D of the Solid
Waste Disposal Act is amended by adding the following
new section at the end thereof:
‘‘SEC. 4011. PERMITS FOR INCINERATORS.
‘‘After December 31, 1998, no Federal agency, State
or local government, or other waste management jurisdic-
tion may issue a permit (including a permit under section
129(e) of the Clean Air Act) or other prior approval for
the construction or expansion of a municipal solid waste
incinerator, unless the applicant for the permit or other
approval completes, after public notice and comment, an
environmental impact statement. Such statement shall be
conducted in the same manner and in conformance with
the same standards required for environmental impact
statements under the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and must be approved by the
State.’’.
(2) The table of contents for such Act is amended
by adding the following new item after the item relating
to section 4010:
‘‘Sec. 4011. Permits for incinerators.’’.
(b) 
SEPARATION
OF
MERCURY
CONTAINING
ITEMS.—(1) Section 4003 of the Solid Waste Disposal Act
is amended as follows:
(A) By adding the following at the end of sub-
section (a):
‘‘(7) The plan shall provide for the separation,
for purposes of recycling, of mercury-containing
items listed under subsection (e) prior to disposal or
treatment in any solid waste treatment or disposal
facility.’’.
(B) By adding the following new subsection at
the end thereof:
‘‘(e) 
SEPARATION
OF
MERCURY-CONTAINING
ITEMS.—The Administrator shall, after notice and oppor-
tunity for public comment, publish a list of mercury-con-
taining items to be separated from the waste stream prior
to disposal or treatment in any solid waste treatment or
disposal facility. Such list shall include, but shall not be
limited to, batteries, fluorescent light bulbs, electrical
switches, and thermostats.’’.
(2) Section 4007(a)(1) of the Solid Waste Dis-
posal Act is amended by adding before the semicolon
the following: ‘‘(a) and it is revised within 2 years
after the date of the enactment of the Mercury Envi-
ronmental Risk and Comprehensive Utilization Re-
duction Initiative to meets the requirements of para-
graph (7) of section 4003(a)’’.
SEC. 8. SURCHARGE ON MERCURY AIR EMISSIONS.
The Clean Air Act is amended as follows:
(1) Section 112(c)(6) is amended by striking
the last sentence.
(2) Section 502(b)(3)(A) is amended by strik-
ing ‘‘and’’ at the end of clause (v), by striking pe-
riod at the end of clause (vi) and inserting ‘‘, and’’,
and by adding the following new clause at the end
thereof:
‘‘(vii) in the case of electric utility steam
generating units (as defined in section 112),
municipal waste combustion units, and medical
waste incineration units, an additional fee of
$500 per pound of mercury emissions from the
unit or such greater amount as the Adminis-
trator deems necessary to cover the costs of
mercury reduction and remediation research
under section 103(l).’’.
(3) Section 103 is amended by adding the fol-
lowing new section at the end thereof:
‘‘(l) MERCURY EMISSION REDUCTION AND REMEDI-
ATION.—The Administrator shall undertake a program to
research technologies available to reduce emissions of mer-
cury into the ambient air and technologies to remediate
mercury contamination. There are authorized to be appro-
priated to the Administrator to fund the costs of such pro-
gram, and amount for each fiscal year equal to the amount
estimated by the Secretary of the Treasury to be received
in the Treasury from the fees imposed under section
502(b)(3)(A)(vii), adjusted by the Secretary to account for
errors in such estimates for prior fiscal years.’’.
SEC. 9. FDA STUDY OF MERCURY COMPOUNDS IN DRUGS
AND FOOD.
(a) LIST AND ANALYSIS.—The Secretary of Health
and Human Services shall, through the Food and Drug
Administration—
(1) compile a list of drugs and foods that con-
tain intentionally introduced mercury compounds,
and
(2) provide a quantitative and qualitative analy-
sis of the mercury compounds in the list under para-
graph (1).
The Secretary shall compile the list required by paragraph
(1) within 2 years after the date of the enactment of this
section and shall provide the analysis required by para-
graph (2) within of such date of enactment.
(b) STUDY.—The Secretary of Health and Human
Services, acting through the Food and Drug Administra-
tion, shall conduct a study of the effect on humans of the
use of mercury compounds in nasal sprays. Such study
shall include data from other studies that have been made
of such use.
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