Mercury-Containing and Rechargeable Battery Management Act

[104th Congress Public Law 142]
[From the U.S. Government Publishing Office]

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[DOCID: f:publ142.104]

[[Page 110 STAT. 1329]]

Public Law 104-142
104th Congress

 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 batteries, and for other purposes. <<NOTE: May 13, 
 1996 - [H.R. 2024]>> 

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Mercury-Containing and 
Rechargeable Battery Management Act.>> assembled,

SECTION 1. <<NOTE: Environmental protection. 42 USC 14301 note.>> SHORT 
 TITLE.

 This Act may be cited as the ``Mercury-Containing and Rechargeable 
Battery Management Act''.

SEC. 2. <<NOTE: 42 USC 14301.>> FINDINGS.

 The Congress finds that--
 (1) it is in the public interest to--
 (A) 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 other 
 regulated batteries; and
 (B) educate the public concerning the collection, 
 recycling, and proper disposal of such batteries;
 (2) uniform national labeling requirements for regulated 
 batteries, rechargeable consumer products, and product packaging 
 will significantly benefit programs for regulated battery 
 collection and recycling or proper disposal; and
 (3) it is in the public interest to encourage persons who 
 use rechargeable batteries to participate in collection for 
 recycling of used nickel-cadmium, small sealed lead-acid, and 
 other regulated batteries.

SEC. 3. <<NOTE: 42 USC 14302.>> DEFINITIONS.

 For purposes of this Act:
 (1) Administrator.--The term ``Administrator'' means the 
 Administrator of the Environmental Protection Agency.
 (2) Button cell.--The term ``button cell'' means a button- 
 or coin-shaped battery.
 (3) Easily removable.--The term ``easily removable'', with 
 respect to a battery, means detachable or removable at the end 
 of the life of the battery--
 (A) from a consumer product by a consumer with the 
 use of common household tools; or
 (B) by a retailer of replacements for a battery used 
 as the principal electrical power source for a vehicle.

[[Page 110 STAT. 1330]]

 (4) Mercuric-oxide battery.--The term ``mercuric-oxide 
 battery'' means a battery that uses a mercuric-oxide electrode.
 (5) Rechargeable battery.--The term ``rechargeable 
 battery''--
 (A) means 1 or more voltaic or galvanic cells, 
 electrically connected to produce electric energy, that 
 is designed to be recharged for repeated 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 battery pack (and in the case 
 of a battery pack, for the purposes of the requirements 
 of easy removability 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 principal 
 electrical power source for a vehicle, such as an 
 automobile, a truck, construction 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 generated 
 by an alternative energy source, such as a solar 
 cell or wind-driven generator;
 (iii) a battery used as a backup power source 
 for memory or program instruction storage, 
 timekeeping, or any similar purpose that requires 
 uninterrupted electrical power in order to 
 function if the primary energy supply fails or 
 fluctuates momentarily; or
 (iv) a rechargeable alkaline battery.
 (6) Rechargeable consumer product.--The term ``rechargeable 
 consumer product''--
 (A) means a 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; but
 (B) does not include a product that only uses a 
 battery solely as a source of backup power for memory or 
 program instruction storage, 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 ``regulated battery'' means 
 a rechargeable battery that--
 (A) contains a cadmium or a lead electrode or any 
 combination of cadmium and lead electrodes; or
 (B) contains other electrode chemistries and is the 
 subject of a determination by the Administrator under 
 section 103(d).
 (8) Remanufactured product.--The term ``remanufactured 
 product'' means a rechargeable consumer product that has been 
 altered by the replacement of parts, repackaged, or repaired 
 after initial sale by the original manufacturer.

SEC. 4. <<NOTE: 42 USC 14303.>> INFORMATION DISSEMINATION.

 The Administrator shall, in consultation with representatives of 
rechargeable battery manufacturers, rechargeable consumer product 
manufacturers, and retailers, establish a program to provide

[[Page 110 STAT. 1331]]

information to the public concerning the proper handling and disposal of 
used regulated batteries and rechargeable consumer products with 
nonremovable batteries.

SEC. 5. <<NOTE: 42 USC 14304.>> ENFORCEMENT.

 (a) Civil Penalty.--When on the basis of any information 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--
 (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 period, 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 appropriate relief, including a temporary or 
 permanent injunction.

 (b) Contents of Order.--An order under subsection (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 unless, not later than 30 days 
after the order is served, a person named in the order requests a 
hearing on the record.
 (e) Hearing.--On receiving a request under subsection (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 Administrator may issue subpoenas for the 
attendance and testimony of witnesses and for the production of relevant 
papers, books, and documents.
 (g) Continued Violation After Expiration of Period for Compliance.--
If a violator fails to take corrective 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 noncompliance 
with the order.
 (h) Savings Provision.--The Administrator may not take any 
enforcement action against a person for selling, 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 promotional 
 purposes without modification.

The preceding sentence shall not apply to a person--
 (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.

[[Page 110 STAT. 1332]]

SEC. 6. <<NOTE: 42 USC 14305.>> INFORMATION GATHERING AND ACCESS.

 (a) Records and Reports.--A person who is required to carry out the 
objectives of this Act, including--
 (1) a regulated battery manufacturer;
 (2) a rechargeable consumer product manufacturer;
 (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 reasonably require to carry out the 
objectives of this Act.
 (b) Access and Copying.--The Administrator or the Administrator's 
authorized representative, on presentation of credentials of the 
Administrator, may at reasonable times have access to and copy any 
records required to be maintained under subsection (a).
 (c) Confidentiality.--The Administrator shall maintain the 
confidentiality of documents and records that contain proprietary 
information.

SEC. 7. <<NOTE: 42 USC 14306.>> STATE AUTHORITY.

 Nothing in this Act shall be construed to prohibit a State from 
enacting and enforcing a standard or requirement that is identical to a 
standard or requirement established 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. <<NOTE: 42 USC 14307.>> AUTHORIZATION OF APPROPRIATIONS.

 There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

 TITLE <<NOTE: Rechargeable Battery Recycling Act.>> I--RECHARGEABLE 
BATTERY RECYCLING ACT

SEC. 101. <<NOTE: 42 USC 14301 note.>> SHORT TITLE.

 This title may be cited as the ``Rechargeable Battery Recycling 
Act''.

SEC. <<NOTE: 42 USC 14321.>> 102. PURPOSE.

 The purpose of this title is to facilitate the efficient recycling 
or proper disposal of used nickel-cadmium rechargeable batteries, used 
small sealed lead-acid rechargeable batteries, other regulated 
batteries, and such rechargeable batteries in used consumer products, 
by--
 (1) providing for uniform labeling requirements and 
 streamlined regulatory requirements for regulated battery 
 collection programs; and
 (2) encouraging voluntary industry programs by eliminating 
 barriers to funding the collection and recycling or proper 
 disposal of used rechargeable batteries.

SEC. <<NOTE: 42 USC 14322.>> 103. RECHARGEABLE CONSUMER PRODUCTS AND 
 LABELING.

 (a) Prohibition.--

[[Page 110 STAT. 1333]]

 (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 rechargeable 
 consumer product; or
 (B) is sold separately.
 (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 rechargeable 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 domestically 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'', ``RETURN'', and ``RECYCLE'' and if 
 the regulated battery is sealed, the phrase ``BATTERY MUST BE 
 RECYCLED.''.
 (3) On each rechargeable consumer product containing a 
 regulated battery that is not easily removable, the phrase 
 ``CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR 
 DISPOSED OF PROPERLY.'' or ``CONTAINS SEALED LEAD BATTERY. 
 BATTERY MUST BE RECYCLED.'', as applicable.
 (4) On the packaging of each rechargeable consumer product, 
 and the packaging of each regulated 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. BATTERY 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).
 (2) Certification.--
 (A) In general.--On application by persons subject 
 to the labeling requirements of subsection (b) or the 
 labeling requirements promulgated by the Administrator 
 under subsection (d), the Administrator shall certify 
 that a dif

[[Page 110 STAT. 1334]]

 ferent label meets the requirements of subsection (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 international 
 standard that is consistent with the overall 
 purposes of this title.
 (B) Constructive certification.--Failure of the 
 Administrator to object to an application under 
 subparagraph (A) on the ground that a different label 
 does not meet either of the conditions described in 
 subparagraph (A) (i) or (ii) within 120 days after the 
 date on which the application is made shall constitute 
 certification for the purposes of this Act.

 (d) Rulemaking Authority of the Administrator.--
 (1) In general.--If the Administrator determines that other 
 rechargeable batteries having electrode 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 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 removability of 
 regulated batteries from rechargeable consumer products 
 designed to contain such batteries.
 (2) Substantial similarity.--The regulations promulgated 
 under paragraph (1) shall be substantially similar to the 
 requirements set forth in subsections (a) and (b).

 (e) Uniformity.--After the effective dates of a requirement 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 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 rechargeable 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 application shall include the following information:
 (A) A statement of the specific basis for the 
 request for the exemption.
 (B) The name, business address, and telephone number 
 of the applicant.
 (2) Granting of exemption.--Not later than 60 days after 
 receipt of an application under paragraph (1), the Administrator 
 shall approve or deny the application. On approval of the 
 application the Administrator shall grant an exemption to the

[[Page 110 STAT. 1335]]

 applicant. The exemption shall be issued for a period of time 
 that the Administrator determines to be appropriate, 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 
 manufacturing the rechargeable consumer product in compliance 
 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 (including 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 granting of the renewal.

SEC. <<NOTE: 42 USC 14323.>> 104. REQUIREMENTS.

 (a) Batteries Subject to Certain Regulations.--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, notwithstanding 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 subsection (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 requirements imposed by subsection (a) of this 
section may be subject to enforcement under applicable provisions of the 
Solid Waste Disposal Act.
 (2) States may implement and enforce the requirements 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.

[[Page 110 STAT. 1336]]

TITLE <<NOTE: Mercury-Containing Battery Management Act.>> II--MERCURY-
CONTAINING BATTERY MANAGEMENT ACT

SEC. 201. <<NOTE: 42 USC 14301 note.>> SHORT TITLE.

 This title may be cited as the ``Mercury-Containing Battery 
Management Act''.

SEC. 202. <<NOTE: 42 USC 14331.>> PURPOSE.

 The purpose of this title is to phase out the use of batteries 
containing mercury.

SEC. <<NOTE: 42 USC 14332.>> 203. LIMITATIONS ON THE SALE OF ALKALINE-
 MANGANESE BATTERIES CONTAINING MERCURY.

 No person shall sell, offer for sale, or offer for promotional 
purposes any alkaline-manganese battery manufactured 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. <<NOTE: 42 USC 14333.>> LIMITATIONS ON THE SALE OF ZINC-
 CARBON BATTERIES CONTAINING MERCURY.

 No person shall sell, offer for sale, or offer for promotional 
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. <<NOTE: 42 USC 14334.>> LIMITATIONS ON THE SALE OF BUTTON 
 CELL MERCURIC-OXIDE BATTERIES.

 No person shall sell, offer for sale, or offer for promotional 
purposes any button cell mercuric-oxide battery for use in the United 
States on or after the date of enactment of this Act.

SEC. 206. <<NOTE: 42 USC 14335.>> LIMITATIONS ON THE SALE OF OTHER 
 MERCURIC-OXIDE BATTERIES.

 (a) Prohibition.--On or after the date of enactment 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 
manufacturer, 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 purchaser may call to 
 get information about sending mercuric-oxide batteries for 
 recycling or proper disposal.

 (b) Application of Section.--This section does not apply to a sale 
or offer of a mercuric-oxide button cell battery.

SEC. 207. <<NOTE: 42 USC 14336.>> 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 Administrator may exempt

[[Page 110 STAT. 1337]]

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 reasonable 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 landfill (other than a facility 
regulated under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 
6921 et seq.)).

 Approved May 13, 1996.

LEGISLATIVE HISTORY--H.R. 2024 (S. 619):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-530 (Comm. on Commerce).
SENATE REPORTS: No. 104-136 accompanying S. 619 (Comm. on Environment 
and Public Works).
CONGRESSIONAL RECORD:
 Vol. 141 (1995):
 Sept. 21, S. 619 considered and 
 passed Senate.
 Vol. 142 (1996):
 Apr. 23, H.R. 2024 considered and 
 passed House.
 Apr. 25, considered and passed 
 Senate.

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