United States
Environmental Protection
Agency
Office of Enforcement
and Compliance
Assurance (2248A)
EPA 300-N-02-002
&EPA
The 'Battery Act'
Law Creates Public Health, Environmental Safeguards Through
PhaseOut of Mercury Batteries and Other Important Requirements
The Environmental Protection
Agency believes that some manu-
facturers of rechargeable batteries and
rechargeable consumer products may
not be complying with the Mercury-
Containing Rechargeable Battery Man-
agement Act, 42 U.S.C 14301-14336
("Battery Act") while others may be
unaware of the Act's requirements.
This issue of Enforcement Alert dis-
cusses the Battery Act's importance in
About
Enforcement Alert
Enforcement Alert is published
periodically by the Office of
Regulatory Enforcement! to inform
and educate the public and
regulated community of important
environmental enforcement
issues, recent trends and
significant enforcement actions.
This information should help the
regulated community anticipate
and prevent violations of federal
environmental law that could
otherwise lead to enforcement
action. Reproduction and wide
dissemination of this publication
are encouraged.
For information on how you
can receive this newsletter
electronically, send an email
to the editor.
Editor: Virginia Bueno
(202) 564-8684
bueno.virginia@epa.gov
protecting human health and the envi-
ronment, and its requirements for col-
lection, disposal, recycling, labeling and
'easy removability' of regulated batter-
ies. In addition, several national and
state recycling and collection programs
are highlighted.
Law Promotes Proper
Recycling, Disposal,
Labeling, and Mercury
Battery Phaseout
To prevent the release of hazard-
ous substances into the environment,
the Battery Act was signed into law on
May 13,1996. The law serves two pur-
poses: to phase out the use of mercury
in batteries, and to provide for the effi-
cient and cost-effective collection and
recycling or proper disposal of used
nickel cadmium (Ni-Cd) batteries, used
small sealed lead-acid (SSLA) batter-
—ies;- and eQitain-other-regulated batter-
ies.
Among other requirements, the Bat-
tery Act also establishes national, uni-
form labeling requirements for "regu-
lated batteries" and for "rechargeable
consumer products" that are manufac-
tured domestically or imported and sold
for use in the United States.
Health Risks Caused By
Batteries Improperly
Disposed
More than 350 million rechargeable
batteries are purchased annually in the
Battery Act
"f^h
I applies to Battery
• and Product
Manufacturers. Battery
Waste Handlers, and certain
Battery and Product
Importers and Retailers
United States. Rechargeable batteries,
like nickel-cadmium (Ni-Cd) or small
sealedlead-acid (SSLA) batteries, con-
tain toxic heavy metals such as cad-
mium, mercury, and lead. These heavy
metals present no threat to human
health or the environment while the
battery is being used. When thrown
away, however, these batteries can
cause serious harm to human health
and the environment if they are dis-
carded with ordinary household or
workplace waste.
Approximately 73 percent of mu-
nicipal solid waste is either land-filled
or incinerated. Neither of these meth-
ods is suited for the disposal of re-
chargeable batteries. In landfills, heavy
metals from rechargeable batteries
have the potential to leach slowly into
the soil, ground water, and surface
water. When incinerated, the heavy
metals can enter the air through
smokestack emissions and can con-
centrate in the ash produced by com-
bustion. When the incinerator ash is
disposed of, the heavy metals in the
ash can enter the environment.
Although these batteries account
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Enforcement Alert
for a relatively small portion of the total
wastes generated in the United States,
Ni-Cd batteries accounted for 75
percent of the cadmium found in
municipal solid waste in 1995. Similarly,
SSLA batteries accounted for 65
percent of the lead found in municipal
solid waste in 1995.
When introduced into the environ-
ment through landfill disposal or incin-
eration, these heavy metals make their
way into the food chain. The presence
of these heavy metals in the food cjiain^
presents very serious consequences.
The possible health effects associated
with ingestion or inhalation of heavy
metals through water, food, or air in-
clude headaches, abdominal discom-
fort, seizures, and comas. Additionally,
several heavy metals, such as cadmium,
are known carcinogens.
The Battery Act removes certain
barriers to the recycling of Ni-Cd,
SSLA, and other rechargeable batter-
ies. Prior to passage of the Battery Act,
a battery recycling program spanning
across several states had to comply
with varying, and sometimes conflict-
ing, state labeling and waste manage-
ment regulations.
Recycling programs for Ni-Cd and
SSLA rechargeable batteries can sig-
nificantly reduce the dangers these bat-
teries pose to human health and the
environment by diverting them from
landfills and incinerators. Once the re-
chargeable batteries arrive at the recy-
cling facility, the heavy metals are re-
covered during the recycling process
and the remainder of the product is re-
cycled or discarded safely.
Key Battery Act Terms
Defined
Regulated batteries are recharge-
able Ni-Cd and SSLA batteries, as well
as rechargeable batteries found in con-
sumer products like cellular phones and
laptop computers. EPAmay expand the
scope of regulated batteries if it deter-
mines that batteries other than Ni-Cd
and SSLA batteries are toxic and may
cause substantial harm to human health
and the environment if land disposed
or incinerated.
Rechargeable batteries are those
batteries with one or more voltaic or
galvanic cells, electrically connected to
produce electric energy, that are de-
signed to be recharged for repeated
uses. This definition also includes any
type of enclosed device or sealed con-
tainer consisting of one or more such
cells, including what is commonly
called a battery pack.
The Battery Act exempts from the
definition of "rechargeable battery":
• Lead acid batteries used_J°_
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as the principal electrical power source
for a vehicle;
• Lead acid batteries used for
load leveling or for storage of electric-
ity generated by an alternative energy
source, such as a solar cell or wind-
driven generator;
• A battery used as a backup-
power source for memory or program
instruction storage, timekeeping, or any
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2. Regulated nickel-cadmium batteries must be la-
beled anicke(-cadm!um" or "Ni-Cd," with the phrase "BAT-
TERY MUST BE RECYCLED OR DISPOSED OF PROP-
' " " " ' " ' ""
3 Regulated lead-acid batteries must be labeled "Pb"
orwith the words "LEAD," "RETURN," and "RECYCLE"
grid, If the regulated batteries are sealed, the phrase
i PBATTERY MUST BE RECYCLED."
j 4. gechargeable consumer prbducts containing Ni-
!"Cd'bSSeries thkt'are not easily removable must be la-
beiedwiththephrase ""'CONTAINS NICKEL-CADMIUM
1 BATT|RY: BffTTERV MUST BE RECYCLED OR DIS-
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Enforcement A lert
similar purpose that requires uninter-
rupted electrical power in order to
function if the primary energy supply
fails or fluctuates momentarily; or
• A rechargeable alkaline battery.
Rechargeable consumer prod-
ucts are products that, when sold at
retail, include a regulated battery as a
primary energy supply and are prima-
rily intended for personal or household
use. Examples of products for "per-
sonal or household use" include cellu-
lar phonesrlaptop -computers; cordless
power tools, personal computers, and
video cameras. The products include
external uninterruptible power source
(UPS) devices that enable electrically
powered devices to continue to oper-
ate temporarily in the event of a power
outage.
Rechargeable consumer products
do not include an internal uninterrupted
power supply (UPS) device. Such
products use a battery solely as a
source of backup power for memory
or program instruction storage, time-
keeping, or any similar purpose that re-
quires an uninterrupted electrical power
in order to function if the primary en-
ergy supply fails or fluctuates momen-
tarily. Internal UPS devices and their
batteries are also exempt from the Act's
definition of "rechargeable battery".
Easily removable means that regu-
lated batteries must be detachable or
easily removable from a rechargeable
consumer product at the end of the life
of the battery, by a consumer using
common household tools (see box on
right for more information).
Mercury Batteries
The Battery Act also phases out the
use of batteries that contain mercury.
Mercury has been found to be ex-
tremely harmful to human health and
the environment. Title II of the Act
March 2002
prohibits any person from selling, of-
fering for sale, or offering for promo-
tional purposes the following batteries:
• Alkaline-manganese batteries
that contain mercury that was inten-
tionally introduced (as opposed to mer-
cury that may be incidentally present),
except for button cells that contain up
to 25 mg of mercury;
• Zinc-carbon batteries that con-
tain mercury that was intentionally in-
troduced;
• Button cell mercuric-oxide bat-
teries; and
• Other mercuric oxide batter-
ies, unless the manufacturer or importer
does the following: identifies a collec-
tion site for recycling or proper dis-
posal of the batteries; informs the pur-
chasers of the collection site; and pro-
vides the purchasers with a phone num-
ber for obtaining information about
sending the batteries for recycling or
proper disposal.
Battery Act Enforcement
EPA may issue an order to viola-
tors of the Battery Act. The order may
assess a civil penalty and/or require
compliance. An order may requke the
violator to pay a civil penalty of not
more than $10,000 for each Battery Act
violation. The Agency may also impose
"Tr$TO,CWpe'rialty on"a person who fails
to take timely corrective action required
under an order. The Agency also may
bring a civil action for violations of the
Act or noncompliance with an order.
For more information on the Bat-
tery Act, contact Lynn Holloway, RCRA
Enforcement Division, Office of Regu-
latory Enforcement, (202) 564-
4241;Email:holloway.lynn@.epa.gov.
For compliance assistance informa-
tion, contact Gloria Lowe, Office of
Compliance, at (202) 564-2181; Email:
lowe.gloria@epa.gov.
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mrement
Act prohibita the
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gency* waived the civil penalty
his case
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SEPA
United States
Environmental Protection Agency
Office of Regulatory Enforcement
(2248A)
Washington, D.C. 20460
Official Business
Penalty for Private Use $300
'Enforcement Alert'newsletter
Battery Recycling and Collection Programs
"The Rechargeable Battery Recycling Corporation (RBRC), a nonprofit organiza-
I tion representing many rechargeable battery manufacturers, developed the
Charge Up to Recycle! program to help keep Ni-Cd batteries out of the solid waste
stream and prevent toxins from ending up in landfills or municipal incinerators.
The Charge Up to Recycle! program offers various recycling plans for commu-
nities, retailers, businesses, and public agencies. For each group, RBRC pays or
shares the cost of consolidating the batteries, shipping them to the processing
facility, and recycling them. The program sends all Ni-Cd batteries to the Interna-
tional Metals Reclamation Company, a cadmium recovery facility in Ellwood City,
Pa. At the facility, the nickel and iron are separated from the cadmium and shipped
to specialty steel producers for use in stainless steel products. The recovered
cadmium, at a 99.95 percent purity level, is used to produce new Ni-Cd recharge-
able batteries.Formore^information^abouMhe;Gharget4|vt&a0G^c'eKpr©grarnFor-
for information about a local collection site, visit http://www.rbrc.com or call RBRC's
toll-free number at 1 -800-8-BATTERY.
...v;- -•*
The State of Massachusetts has worked with the RBRC to establish collec-
tion points for Ni-Cd batteries in more than 100 of the state's 351 municipalities.
For more information about battery recycling efforts in Massachusetts, contact
the Massachusetts Department of Environmental Protection Household Hazard-
ous Waste Hot Line at 1-800-343-3420 (Massachusetts residents only. Out-of-
state callers may call (617) 292-5704).
To encourage the recycling of commercial SSLA batteries, the manufacturers
of SSLAs and products that contain them, with support from the Portable Re-
chargeable Battery Association (PRBA) and the Battery Council International (BCI),
have established a collection program for commercial SSLA batteries in Florida,
Iowa, Maryland, Minnesota and New Jersey. For more information about the
commercial SSLA battery recycling program, contact the PRBA at (770) 612-
8826.
Useful CblflDliaricei
Of f icfe of" Ertf orSltHlfflL M
The! Battery ..... Act
ContamjriS and Refi
Audit" Policy" IhfQffnMQnT
Rocyeled/Rocyclable. Printed with Soy/Canola Ink on paper that contains at least 30% recycled fiber
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