Civil Enforcement

The diagram below represents the statutory framework of the Mercury-Containing and Rechargeable Battery Management Act (Battery Act) as viewed from an enforcement perspective. It includes Title I, Rechargeable Battery Recycling, and Title II, Mercury-Containing Battery Management.

Although EPA has not yet developed regulations for implementing the Battery Act, it has the authority to enforce most of the provisions of the statute without regulations. Brief descriptions of the requirements associated with the handling of the batteries regulated under the statute are as follows:

Rechargeable Battery Recycling

Section 103 - Rechargeable Consumer Products and Labeling: Imposes uniform national labeling requirements for certain regulated batteries and rechargeable consumer products containing batteries that are not easily removable, and prohibits the sale of such batteries or products without the appropriate labeling and packaging.

Section 104 - Requirements: Indicates that the collection, storage or transportation of used rechargeable batteries and other batteries regulated under the Battery Act will be regulated under the Universal Waste Rule.

Mercury-Containing Battery Management

Section 203 - Limitation on Sale of Alkaline-Manganese Batteries Containing Mercury: Prohibits the sale of alkaline-manganese batteries with a mercury content that was intentionally introduced and prohibits the sale of alkaline-manganese button cells with more than 25 milligrams of mercury per button cell.

Section 204 - Limitation on Sale of Zinc-Carbon Batteries Containing Mercury: Prohibits the sale of zinc-carbon batteries with a mercury content that will intentionally introduced.

Section 205 - Limitation on Sale of Button Cell Mercuric Oxide Batteries: Prohibits the sale of button cell mercuric-oxide batteries.

Section 206 - Limitation on Sale of Other Mercuric-Oxide Batteries: Prohibits the sale of mercuric-oxide batteries (other than button cells) unless the battery manufacturer or importer identifies a collection site; and provides each purchaser with a telephone number for information on sending the batteries for recycling or proper disposal.

Section 207 - New Product or Use: Allows battery manufacturers to petition to the Agency for a proposed new use for a battery technology for for use of a battery in a new product. The Agency may grant the petition if certain conditions are met concerning the proper disposal of the resulting battery or product without an easily removable battery.

Enforcement Alert: "The 'Battery Act' -- Law Creates Public Health, Environmental Safeguards Through Phase Out of Mercury Batteries and Other Important Requirements" (PDF) Volume 5, Number 2 (March 2002) (EPA 300-N-02-002) (PDF- 61KB, 4 pages)

For additional information on Battery Act enforcement and the Battery Act Enforcement Alert, contact:

Lynn Holloway, RCRA Enforcement Division (2246A), U.S. Environmental Protection Agency, 12th Street and Pennsylvania Avenue, NW, Washington, DC 20460; phone (202) 564-4241, e-mail holloway.lynn@epa.gov.

You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.

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