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[[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.
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