(ii) conforms with a recognized inter-
national standard that is consistent with
the overall purposes of this title.
(B) CONSTRUCTIVE CERTIFICATION.—Fail-
ure of the Administrator to object to an applica-
tion under subparagraph (A) on the ground that
a different label does not meet either of the condi-
tions described in subparagraph (A) (i) or (ii)
within 120 days after the date on which the ap-
plication is made shall constitute certification
for the purposes of this Act.
(d) RULEMAKING
AUTHORITY
OF
THE
ADMINIS-
TRATOR.—
(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 re-
chargeable batteries and rechargeable consumer prod-
ucts, and after public comment—
(A) promulgate labeling requirements for
the batteries with different electrode chemistries,
rechargeable consumer products containing 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 regulations
promulgated under paragraph (1) shall be substan-
tially similar to the requirements set forth in sub-
sections (a) and (b).
(e) UNIFORMITY.—After the effective dates of a require-
ment set forth in subsection (a), (b), or (c) or a regulation
promulgated by the Administrator under subsection (d), no
Federal agency, State, or political subdivision of a State
may enforce any easy removability or environmental label-
ing 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 recharge-
able consumer product, any person may submit an
application to the Administrator for an exemption
from the requirements of subsection (a) in accordance
with the procedures under paragraph (2). The appli-
cation shall include the following information:
(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-
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 Administrator that
the manufacturer has been unable to commence man-
ufacturing the rechargeable consumer product in com-
pliance with the requirements of this section and with
an equivalent level of product performance without
the product—
(A) posing a threat to human health, safety,
or the environment; or
(B) violating requirements for approvals
from governmental agencies or widely recognized
private standard-setting organizations (includ-
ing 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 re-
quirements 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 granting of the renewal.
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 con-
taining rechargeable batteries that are not easily removable
rechargeable batteries, shall, notwithstanding any law of a
State or political subdivision thereof governing such collec-
tion, storage, or transportation, be regulated under applica-
ble provisions of the regulations promulgated by the Envi-
ronmental Protection Agency at 60 Fed. Reg. 25492 (May
11, 1995), as effective on May 11, 1995, except as provided
in paragraph (2) of subsection (b) and except that—
(1) the requirements of 40 CFR 260.20, 260.40,
and 260.41 and the equivalent requirements of an ap-
proved 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 pro-
gram.
(b) ENFORCEMENT UNDER SOLID WASTE DISPOSAL
ACT.—(1) Any person who fails to comply with the require-
ments imposed by subsection (a) of this section may be sub-
ject to enforcement under applicable provisions of the Solid
Waste Disposal Act.
(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) govern-
ing the collection, storage, or transportation of bat-
teries referred to in subsection (a); and
(B) the State provides for enforcement of such re-
quirements.
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 bat-
teries 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 that may be incidentally present in other ma-
terials), 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 BAT-
TERIES 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, 1996, 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 January 1, 1996.