Civil Enforcement

The Mercury-Containing and Rechargeable Battery Management Act of 1996 (Battery Act) (P.L. 104-142) was enacted on May 14, 1996 to phase out the use of mercury in batteries, and to provide for the efficient and cost-effective disposal of used nickel cadmium (Ni-Cd) batteries, used small sealed lead-acid (SSLA) batteries, and certain other regulated batteries. The statute applies to battery and product manufacturers, battery waste handlers, and certain battery and product importers and retailers. The law also imposes uniform national labeling requirements on regulated batteries and rechargeable consumer products and encourages battery recycling programs.

Additionally, the collection, storage and transportation of used rechargeable batteries, used consumer products containing batteries that are not easily removable, and certain other batteries are subject to regulation under the Universal Waste Rule (60 F.R. 25492 (May 11, 1995). It applies to battery and product manufacturers, battery waste handlers, and certain battery and product importers and retailers.

Other types of batteries not covered by the Battery Act, such as the larger, sealed and non-sealed lead-acid batteries found in automobiles, trucks, and other equipment, are regulated as universal wastes under the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations, Subpart 273. See RCRA Universal Waste Management for more complete information.