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SOURCE REDUCTION OF TOXIC MFTALS IN HOUSEHOLD
BATTERIES: FEDERAL,STATE AND INDUSTRY INITIATIVES
II
Prepared for:
The Northeast Waste Management Ofllcials’ Association
(-0A)
Project Manager:
Terri L. Goldberg,
NEWMOA Pollution Prevention Program Manager
Researchers and Writers:
Janeen M. Adamo
Dean R Johnson
Carl M. Pawlowski
Patricia B. Whiting
May 1991
SOURCE REDUCTION OF TOXIC METALS IN HOUSEHOLD BATI'ERIES:
FEDERAL, STATE AND INDUSTRY INITIATIVES
Table of Contents
List of Tables
List of Appendices
Acknowledgments
Executive Summary
Introduction
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11
11
...
111
1
Background
Types of Batteries .
How Batteries Work
US, Battery Sales
Heavy Metal Content of Household Batteries
3
3
3
7
12
Mercury and Cadmium Reductions in Batteries
Trends in the U.S.
Trends in Europe
16
16
18
Regulation and Legislation
Current Federal Policy on House hold Batteries
State Policy on Household Batteries
Summary
European Policies on Household Batteries
Summary
21
21
25
31
34
37
Policy Options
Precedents for Source Reduction
Policy Options
Interim Policies
38
38
39
42
Bibliography
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List of Tables
Table
1.1
1.2.
1.3
1.4
1.5
1.6
1.7
1.8
21
3.1
PaFe
Household Batteries: Types, Sizes, Materials, Uses
Annual Sales of Primary Consumer Cells by Type in the United States
Annual Sales of Button and NiCad Cells in the United States
Percentage Sales of Household Batteries in the United Stats
Percent Sales of Button Cell Batteries in the United States
Percent of Metal By Type of Household Battery
Gram Weight of Certain Batteries by Size and Type
Estimated Mercury in Solid Waste From Household Batteries 1991
U.S. Consumption of Cadmium in Consumer Batteries
Comparison of Key Provisions in State Household Battery Legislation
4
8
9
10
11
12
13
14
19
33
List of Figures
Figure
1
Electrochemical Operation of a Battery Cell
5
List of Appendices
Appendices
A
B
C
D
E
. F
G
Connecticut State Law
Proposed Maine State Law
Minnesota State Law
Proposed New Jersey State Law
Proposed New York State Law
Proposed Rhode Island State Law
Proposed Vermont State Law
Acknowledgments: NEWMOA would like to thank the following people for their assistance
in preparing this report: Janeen Adamo, Carole Ansheles, Mara Cherkoski, Andrea Cohen,
Dana Duxbury, Stan Eller, Charlotte Fleetwood, Cynthia Greene, David Hurd, Dean
Johnson, Dennis Lucia, Lois Makina, Sally Mansur, Janet Mathews, David Nash, Fred
Nicholson, Carl Pawlowski, Jim Roberts, Mack Rugg, Patricia Whiting, Norman Willard,
Mike Winka, Lynda Winn, Sharon Yergeau.
SOURCE REDUCTION OF TOXIC METALS IN HOUSEHOLD BATTERIES
INDUSTRY, STATE AND FEDERAL INITIATIVES
EXECUTIVESUMMARY
Common household batteries are safe to use, but when discarded they can pose
potential environmental risks. Many batteries contain toxic metals, such as cadmium,
mercury, lithium, and zinc. The public concern about the impact of batteries in
municipal solid waste (MSW) has grown as the use of incineration for MSW disposal has
increased. Environmental officials have also raised questions about the impact of
landfilling batteries. However, there is almost no documentation of the long term
environmental impacts of landfilling batteries.
Incineration creates potential environmental and health problems by volatilizing
some of the metals, such as mercury, which may then escape, and concentrating those
that remain in the captured fly ash and bottom ash. Incinerator ash is disposed in
landfills, and the metals in the ash residues may combine with leachate. The leachate
may travel to ground or surface water potentially resulting in human and aquatic
exposure to the metals and other constituents.
Environmental officials have examined a number of battery waste management
options. They have largely focused on proposals to keep batteries out of MSW
combustors and landfills through collection, separation, and recyc1ing.I The purpose of
this report is to describe the current status of the battery industry and state and federal
regulations. The report also presents several policy options for reducing the toxicity of
batteries through source reduction to stimulate additional research and discussion among
state officials on their merits and feasibility. The goal is to identify source reduction
policy options that could result in reducing or eliminating the most toxic heavy metals,
such as mercury and cadmium, in household batteries.
The Northeast Waste Management Officials' Association (NEWMOA) is
interested in source reduction because it is EPA's preferred method of waste
management EPA has developed a hierarchy of waste management practices, and
source reduction is the top of this hierarchy followed by recycling, treatment, incineration
and landfilling. This report does not describe recycling policies or activities. Recycling is
the focus of a larger research effort by Resource Recovery/Boro Bronx 2000 (R2B2),
which NEWMOA is cosponsoring.
' Batteries discarded by households in municipal solid waste are exempt from federal regulation under the Resource Conservation and Recovery Act (RCRA) regardless of content (40 CFR 9261.4(b)(l)) under
the definition of household waste in RCRA.
BACKGROUND
Battery manufacturers estimate that more than three billion house hold batteries
are sold annually in the United States. Batteries are a widely distributed retail item,
available in almost every type of store. The most common ones are D, C, AA, AAA, 9
volt, button cells, and rechargeables. The average American household uses an
estimated 32 of these consumer batteries in a year. Batteries are categorized as either
primary, which are .used once and then discarded, or secondary, which are designed to be
recharged and reused many times.
Battery chemistry varies. Most primary cells use zinc for one of the electrode
materials, and several different metals for the other electrode. Carbon-zinc primary cells
use zinc and manganese dioxide for the electrodes and ammonium or zinc chloride for
the electrolyte. An alkaline cell uses the same electrode materials but has an alkaline
solution electrolyte, resulting in much longer service life. Alkalines today account for
approximately 62 percent of the primary cell market.
Other battery materials include mercuric-oxide, zinc, and silver. These are used in
button cells for hearing aides, pacemakers, watches and photographic applications.
Mercuric-oxide button cells use mercury as an electrode. Zinc-air button batteries use
oxygen from the air for one of the electrode materials.
All household batteries that use zinc as an electrode use small amounts of
mercury as a coating to prevent the zinc from reacting with the electrolyte. This reaction
can produce hydrogen gas, a potential performance and safety problem. There are trace
amounts of mercury in carbon-zinc and alkaline batteries. Zinc-air button cells contain
one to two percent mercury by weight. Mercuric-oxide batteries are 30 to 43 percent
mercury by weight (Carnegie Mellon University, 1989).
Among secondary, or rechargeable batteries, nickel-cadmium (NiCad) is the
dominant chemistry, with cadmium and nickel-oxide used as electrodes in an alkaline
solution. These are available as free-standing batteries or built into home appliances,
. tools, and other products. Built-in or integrated batteries account for 80 percent of
NiCad sales ( h o l d , etal.,
1990).
MARKEI' TRENDS
The alkaline cell dominates the battery market today with approximately two
billion units sold annually. Environmental officials have been concerned about the
growth in the use of alkaline primary cells because they contain more mercury than
carbon-zinc cells. During the past year, however, several alkaline battery manufacturers
have reduced the mercury content in their cells. This appears to be an industry-wide
trend, although not all brands of alkaline cells are currently available with low mercury
content.
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Mercuric-oxide button cells continue to contain a high percent of mercury.
However, in recent years, zinc-airs have been replacing mercuric-oxide cells. For button
cell batteries, the market share of zinc-air cells has grown from 14 percent in 1985 to
more than 36 percent in 1990 replacing much of the market share of the mercuric-oxide
button cell.
Nickel-cadmium battery sales have increased from 189 million units in 1985 to an
estimated 280 million in 1990 (Ray Balfour, estimates provided to David Hurd, February,
1991). NiCads account for the fastest growing market share for all types of batteries
available today.
Batteries will continue to be a major source of mercury and cadmium in MSW for
the foreseeable future. Alkaline, carbon-zinc, mercuric-oxide, silver-oxide and zinc-air
batteries may contribute roughly 289 tons of mercury to MSW (before recovery) in 1991.
Alkaline batteries are a larger source of mercury in MSW than the other types of
batteries. EPA predicts that household batteries w
ill continue to be the single largest
contributor of mercury in MSW in the near future, even though some battery
manufacturers have significantly reduced the mercury content of their batteries (EPA,
1991). EPA estimates that the discards of cadmium in MSW from NiCads in 1995 will
be approximately 1,700 tons or 76 percent by weight of the total cadmium in products in
MSW. NiCads are projected to be an increasing source of cadmium in MSW into the
foreseeable future. State or federal programs that target reductions in the mercury and
cadmium content of batteries could significantly reduce mercury and cadmium in MSW.
U.S. REGULATORY APPROACHES
The U.S.Environmental Protection Agency (EPA) has not adopted any
regulations governing household battery disposal or the metals content of batteries.
However, the Agency has conducted a number of studies on the sources of toxic metals
in municipal solid waste and the leachability of metals in incinerator ash.
'
In the past, most of the state efforts in the U.S. have focused on collecting and
segregating batteries with disposal in hazardous waste landfills or metals recovery.
Minnesota and a joint New HampshirelVermont waste district have undertaken highly
publicized pilot collection programs.
In 1989-1990 Minnesota and Connecticut passed state laws on household battery
waste reduction and recycling. Minnesota passed legislation mandating mercury
reductions in most alkaline cells.to 0.025 percent, a level that has been adopted in
Europe. Under the law, button cells cannot contain more than 25 milligrams of mercury.
Minnesota and Connecticut have passed laws requiring all consumer products sold in the
state that contain NiCad batteries to be manufactured so that the batteries are accessible
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to consumers for removal, separation, and recycling. This legislation is supported by the
Battery Products Alliance.
This year legislators in Maine, New Jersey, New York, Rhode Island and Vermont
have proposed bills that would mandate reductions and recycling of household batteries.
All of these bills, except Maine's, would mandate reductions in alkaline batteries sold in
the state to the 0.025 percent level. All of the bills would also mandate that products
containing rechargeables be designed so that the batteries are removable and be labeled
to inform the consumer of proper disposal methods. Most of the bills mandate the
collection and management of waste batteries separate from municipal solid waste.
Other provisions contained in one or more of the proposed laws include a ban on
disposal of mercuric-oxide batteries, a ban on incineration of all batteries, a mandate for
a state plan or report on battery waste management, establishment of a state public
education program on battery waste management and recycling, and fines for violations
of the provisions in the laws. The prospects for passage of most of these state laws
appears to be positive for this year. .
EUROPEAN REGULATIONS
Reductions of mercury in batteries started in Europe in response to concern about
the heavy metal content in incinerator ash and landfills. In 1990, European battery
manufacturers accepted a limit of 0.025 percent by weight of mercury for primary
consumer cells (alkaline and carbon-zinc types) when faced with a Directive from the
European Community Commission. These manufacturers also agreed to a phase-out of
the use of mercuric-oxide button cells by substituting zinc-air cells. In Europe battery
manufacturers have agreed to meet strict mercury content limits by 1992. In addition,
several European countries require mercuric-oxide button cells and NiCads to be
collected and recycled.
OPTIONS FOR SOURCE REDUCTION
There are numerous precedents for mandating source reduction in household or
industrial products. The worldwide agreement to phase-out the use of
chlorofluorocarbons (CFC's) by the year 2000 is a good example. Other examples .
include the elimination of lead in paint, gasoline, solder in food containers and water
pipes. Asbestos and urea formaldehyde foam used for insulation have also been banned.
'
The experience of these bans has shown that eliminating toxic constituents in
products can be an effective approach to controlling their release to the environment.
The following is a brief description of state and federal policy options for achieving the
reduction of heaw, metals in batteries.
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We present the policy options listed below to provided the basis for further
discussion among state and federal officials on source reduction of household batteries.
The list is not meant to be exhaustive. Rather, we present those that we believe are
likely to achieve the goal of significantly reducing mercury and cadmium in municipal
solid waste. The potential impacts of these options are not analyzed in this report. This
report is meant to facilitate establishing a dialogue among solid waste officials on how to
reduce toxic metals in household batteries.
Northeastern states could cooperate through " M O A in establishing a source
reduction task force on batteries to analyze and discuss the impacts of .the policy options
listed below. This group could include representatives from industry, regulatory agencies,
and the public. The task force could assess the state of battery technology so that source
reduction timetables could be established and technical recommendations to state
legislative bodies could be made. The task force could also provide informed advice to
states and localities on interim policies that might be required for management of spent
batteries until desired source reduction goals have been achieved.
Establish a Materials Use Policv
National or state legislation creating a materials use policy that articulates the
following source reduction goals could be developed:
o
the phase-out of selected high toxicity materials because of their costs to
society and difficulty in recovery and waste management;
0
the development and use of non-toxic materials wherever possible;
o
the development and use of energy-efficient materials and processes;
o
the promotion of conservation through resource management and
recovery; and
o
the incorporation of full life-cycle cost assessments into materials
development.
Such a materials use policy could guide legislators and regulators at both the
federal and state levels. Under such a scheme all proposed federal or state legislation
could be reviewed for consistency with this policy by EPA, other federal agencies or state
agencies. Such a review could also recommend to Congress or state legislators provisions
to phase-out specific substances.
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Tax Toxic Virpin Metals
A tax on toxic virgin metals could create an incentive for producers/users to
demand, develop, or substitute less toxic alternatives. This tax would encourage the
battery industry to continue seeking alternative cells that eliminate or reduce the use of
virgin toxic metals.
Phase-Out Mercurv in General Punme Household Batteries
Federal or state agencies could phase-out general purpose alkaline-manganese and
carbon-zinc primary household batteries containing more than 0.025 percent mercury by
weight, This is currently proposed under the New Jersey, New York and Vermont laws.
Alkaline batteries contribute the largest amount of mercury to MSW of all battery types.
A reduction in the mercury content of these batteries could significantly reduce mercury
in MSW.
Phase-Out Mercurv in Button Cells
Mercury in button cells could be eliminated in a two-step strategy with the zinc-air
cell sewing as an interim substitute. All household button cells containing more than a
certain percentage of mercury (e.g. 2 percent), or a maximum of 25 milligrams per cell,
whichever is lower, could be banned in the first phase. The New Jersey and Vermont
legislative proposals would mandate such a reduction. The Rhode Island proposal bans
the sale of all mercuric-oxide batteries in the state after January I, 1993.
All mercury could be removed from this class of batteries in the second phase.
Exemptions to this limit could be available for periods of up to a few years on
application of a manufacturer showing that there are no batteries meeting the
requirements that can be reasonably substituted for the zinc-air cell.
Phase-Out Cadmium in Recharneable Batteries
State and federal legislation could also require a phase-out of cadmium in
secondary batteries wherever technically feasible for certain applications. These
substitute batteries could be developed for both free-standing cells or integrated into
appliances. Such a phase-out could reinforce existing development trends toward
cadmium-free rechargeable cells. The implementation of the phase-out could be based
on an assessment of the status of battery manufacturers efforts to find less toxic
substitutes. This assessment could provide regulators with a basis for identifylng a
schedule for the phase-out. In addition, the toxicity of the alternative batteries must be
evaluated relative to NiCads. For example, lithium cells may be a viable alternative to
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NiCads for certain applications, but many analysts are concerned about the potential
environmental impacts of incinerating and landfilling lithium batteries because of their
reactivity. For those applications of NiCads for which there are no viable substitutes in
the foreseeable future, states or federal agencies could require manufacturers or retailers
to collect them and encourage the recovery of the nickel and cadmium.
SUMMARY
In summary, states environmental agencies have been concerned about
incineration of household batteries because of their mercury and cadmium content. To
address this concern, a number of state legislators from the Northeast have proposed
state legislation to require that batteries sold in their states have reduced mercury
content. This legislation would also mandate that the NiCad cells sold in products be
removable. In response, battery manufacturers have also been researching and
developing low mercury and cadmium batteries. To further reduce the mercury and
cadmium content in solid waste, states could take additional steps to completely phase
out, if technologically feasible, the mercury in alkaline and other batteries and cadmium
in NiCads.
SOURCE REDUCTION OF TOXIC METALS IN HOUSEHOLD BA'ITERIES
INDUSTRY, STATE AND FEDERAL INITIATIVES
INTRODUCTION
Household batteries are safe to use, but they can pose environmental problems
when discarded because varieties on the market contain toxic metals, such as cadmium,
mercury, and lithium. Public concern about the impact of household batteries in
municipal solid waste (MSW) has increased as the use of incineration for MSW disposal
has grown Environmental officials have also raised questions about landfilling batteries.
However, there have been no reputable long term studies of the environmental impacts
of battery disposal in landfills.
Incineration can create potential environmental and health problems by
volatilizing some of the metals, such as mercury, which may then escape, and
concentrating those that reinain in the captured fly ash and bottom ash. Incinerator ash
is disposed in landfills and the metals and metal compounds in the ash residues may
combine with leachate. Leachate can migrate to ground or surface water potentially
resulting in human and aquatic exposure to the metals.
Several communities in the U.S. have begun collecting household batteries for
recycling or disposal in hazardous waste landfills. These efforts have had mixed results
because of a lack of recovery facilities, the difficulty in capturing a significant portion of
discarded batteries, and the high cost of hazardous waste disposal.
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This report explores alternatives to those methods of battery waste management.
The report describes current regulatory activities and options for source reduction of
mercury and cadmium contained in household batteries. Source reduction is EPA's
preferred approach to solid waste management (EPA, 1988).l EPA has developed a
hierarchy of waste management practices, and source reduction is the top of this
hierarchy followed by recycling, treatment, incineration and landfill. The goals of the
policy options described in this analysis are the elimination or reduction of mercury and
cadmium in household batteries.
' The Pollution Prevention Act of 1990 defines source reduction as 'any practices which, (1) reduces
the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise
released into the environment (including fugitive emissions) prior to recycling, treatment or disposal; and
(2) reduces the hazards to public heatth and the environment associated with the release of such
substances, pollutants, or contaminants. m e term includes equipment or technology modifications,
reformulation or redesign of products, substitutions of raw materials, and improvements in housekeeping,
maintenance, training, or inventory control. The term 'source reduction' does not include any practice
which alters the physical, chemical or biological characteristics or the volume of a hazardous substance,
pollutant, or contaminant through a process or activny which itsetf is not integral.to and necessary for the
production of a product or the pcoviding of a service.'
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This report was written by a group of graduate students in the Tufts University
Hazardous Materials Management Program in partial fulfillment of their graduate
requirements. The analysis was conducted over the summer of 1990 at the request of the
Northeast Waste Management Officials' Association (NEWMOA). NEWMOA proposed
this project as part of their research efforts on source reduction of toxic metals in MSW.
NEWMOA staff managed the project and edited and revised the report. The.purpose of
the report is to stimulate discussion among state and federal environmental officials on
possible strategies for source reduction of toxic metals in household batteries.
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Content of this Report
Chapter 1 of this report provides background information on household batteries
and describes the various types of batteries, their chemical constituents and the
generation rates in the U.S. Chapter 2 presents industry trends. Chapter 3 reviews
regulatory efforts to address household batteries in the U.S. and abroad. Chapter 4
describes various policy options for source reduction that could be undertaken by EPA
and the states.
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This report does not address the health and environmental impacts that may be
associated with battery disposal by landfill or incineration. Research is ongoing on these
topics. These and related topics have been the subject of many research projects during
the past few years (Carnegie Mellon University, 1989; EPA 1990; Fleetwood, 1989;
Nriagu 1980; Oehme, 1979; Yakowitz, 1990). These studies address aspects of the nature
and extent of the potential environmental and public health impacts of spent batteries in
incinerators and landfills, and readers of this report are advised to consult these and
other studies.
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The analysis presented in this report focuses on policies that public agencies could
adopt to reduce the heavy metals in household batteries. The authors did not research
recycling of batteries because this is the focus of an ongoing study by Resource
Recovery/Boro Bronx 2000 (R2B2). Under a grant administered by the Council of State
Governments, R2B2 is conducting a feasibility study of establishing a household battery
recycling program and examining source reduction opportunities for household batteries.
The project will analyze batteries for their constituents to determine which materials are
present in recoverable quantities and will investigate the availability of metals recovery
capacity in the US.and Europe. This study should be completed in late 1991 or 1992.
The study is supported through the Council of State Government and the Northeast
Recycling Council (NERC) by states and interstate associations, including NEWMOA
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( 1
Chapter 1
BACKGROUND
This chapter briefly describes the common types of batteries, their chemistries, the
number produced in the U.S.,and the estimated amounts of mercury or cadmium in
MSW from batteries.
Types of Batteries
Modem household dry cell batteries are sold in a wide variety of sizes, shapes and
voltages to satisfy varying applications. The most common sizes are D, C, AA, AAA, 9
volt, button cells, and rechargeables.
Dry cell batteries are either primary cells, which can be discharged once and then
must be discarded, or secondary cells, which can be recharged and reused hundreds of
times. Batteries are also classified according to the type of electrodes or electrolytes
used. There are at least six common chemistry types among primary cells and one major
type of secondary cell, though others are being introduced. Table 1.1 shows these
various types with the materials used and their primary uses.
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How Batteries Work
A dry cell primary battery has two electrodes, each consisting of a different chemically
active material. Figure 1 illustrated the relationship between the battery components. An
electrolyte between the electrodes permits one to become negatively charged or oxidized
(the anode) and the other to become positively charged or reduced (the cathode). The
. electrolyte, a solid or gel in a dry cell, helps to promote these oxidation-reduction reactions
by permitting ionic conductivity without being electrically conductive.
Carbon-Zinc Cells
In a carbon-zinc cell during discharge the zinc anode is oxidized producing a positively
charged zinc ion and leaving an excess of electrons on the anode. When connected to a
device, the electrons flow as electrical current to the positively charged cathode, where the
manganese dioxide is reduced. This continues until the cathode material is fully reduced and
the cell is "dead."
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Table 1.1
Cathode
(positive)
Anode
(negative)
Electrolyte
Common
Uses
Alkaline:
9v, D, c, AA,
AAA, button
Manganese
Dioxide
Zinc
Alkaline
solution
Portable
cassettes
players &
radios
Carbon-Zinc:
General Purpose
Manganese
Dioxide
Zinc
Ammonium &/or
Zinc Chloride
Flashlights
& toys
Heavy Duty
Manganese
Dioxide
Zinc
Zinc Chloride
Flashlights
& toys
Lithium:
9v, c, AA,
coin, button
Various
metal oxides
Lithium
Organic
solvent or
salt solution
Cameras,
calculators &
watches
Mercury:
QC, AA, AAA,
button
MercuricOxide
Zinc
Alkaline
solution
Hearing
aides,
pacemakers
& photography
Silver:
Button
SilverOxide
Alkaline
solution
Hearing
aides &
photography
Zinc-Air:
Button
oxygen
Alkaline
solution
Hearing
aides &
pagers
Alkaline
solution
PhotoPPhY,
power tools
& appliances
Primary
-.
'
zinc
Zinc
.
Secondaxv
NickelOxide
Source: Amold,
Cadmium
1990.
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HOUSEHOLD BA'ITERIES: TYPES, SIZES, MATERIALS, USES
Popular Types
& Size
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E L E C T R O N FLOW
- I
A
N
0
F i O W OF
C
ANIONS
A
T
H
D
E
FLOW OF
0
0
E
CATlOWt
E L E C T R 0 LY T E
Figure 1 Electrochemlcal Operation of a Battery
Cell (adapted from Unden, 1984.)
Alkaline Cells
Alkaline cells utilize the same metals for electrodes as in carbon-zinc cells, but the
zinc
is
in a powdered, highly porous form that oxidizes rapidly. The electrolyte is a
.
strong alkali solution, typically potassium hydroxide or sodium hydroxide, which is a
better ionic conductor than the ammonium or zinc chloride in the carbon-zinc battery.
As a result alkalines provide five to eight times the service life of carbon-zincs.
Mercury Cells
In a mercury cell the zinc anode is changed to zinc-oxide, and the mercuric-oxide
cathode becomes mercury during the electrical discharge. The advantage of this
chemistry is a constant voltage output compared to the declining voltage in carbon-zinc
and alkaline cells. This is important for certain sensitive applications, such as hearing
aides and scientific equipment. Silver-oxide is used in place of mercuric-oxide for
.5
premium, longer life button cells. The mercury button battery contains a comparatively
large amount of mercury because the cathode is composed of a significant amount of
mercury.
Zinc-Air Cells
A recent innovation in button cell battery technology is the zinc-air cell, in which
the cathode is oxygen from the air. In these batteries, the space occupied by cathodic
material (mercuric-oxide or silver-oxide) is filled with zinc anode, resulting in a doubling
of service life. Zinc-airs now account for approximately 40 percent of the button cell
market.
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Lithium Cells
Another recent addition to household batteries is the lithium cell, available in nine
volt, C, AA, coin, and button sizes. These batteiies use lithium for the anode and sulfur
dioxide or other oxidizing agents for the cathode, with a non-aqueous solvent as
electrolyte. Lithium cells are used in cameras, calculators, pacemakers, watches, and
computers because of their long life. They have the longest shelf life of any battery,
losing only one percent of their power per year.
All of the primary cells listed above, except for lithium cells, use small amounts of
mercury to slow the formation of hydrogen gas from the corrosion of the zinc anode into
the alkaline electrolyte.
Recharpeable Cells
.
The major types of rechargeable batteries in use today are lead-acid wet cells
(auto batteries)2 and household nickel-cadmium cells, often referred to as NiCads.
NiCads use nickel-oxide for the cathode and cadmium for the anode, with an alkaline
solution for electrolyte. The oxidation-reduction reactions that occur under use can be
reversed using a battery charger, providing repeated use for such cells. Their primary
* Lead-acid batteries (Wet celr auto type) are a major concem in MSW. €PA estimates that they
contributed 65 percent of the lead found in MSW in 1986 (EPA, 1989). They are a different product line
and a different industry, however, than household batteries and are not addressed in this study.
informationon addressingwet cell lead-acidbatteriescan be obtained from the industry's trade association,
the Battery Council International, which has model legishtion for auto battery recycling (B.C.I., 1101
Connecticut Ave., NW, Washington, D.C. 20036). EPA has also formed a task force to address lead acid
battery recycling. The group has drafted a lead acid battery recycling rule.
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drawback lies in the lower power density they achieve; typically a NiCad lasts only onethird as long as an alkaline battery before needing recharge, making it impractical for
certain applications.
Newer types of secondary cells are beginning to enter the market, though not yet
in significant quantities. Sealed lead-acid rechargeables are used in limited quantities for
some portable computers and camcorders. These have greater power but a shorter life
and higher cost than NiCads. In addition, certain portable computers are using lithium
rechargeable batteries. Last summer, Sanyo of Japan announced a new nickel-metal
hydride rechargeable cell, scheduled to be available in the U.S.in late 1990 (Populaq
Science, Aug. 1990). According to the National Electrical Manufacturers Association
(NEMA), the major NiCad manufacturers are engaged in research to develop
rechargeable cells for certain uses that do not contain cadmium. For example, Rayovac
of Madison, Wisconsin announced that it will have a cadmium-free rechargeable on the
market by l%L3
U.S. Battery Sales
During the past decade the demand for household batteries has grown steadily,
driven by the growth in new battery-powered consumer goods. From 1983 to 1988, the
average annual increase in unit sales was 5.4 percent, while the average annual increase
in dollar sales was 9.4 percent, reflecting the growth in sales of higher-priced batteries.'
According to estimates obtained from Rayovac, approximately three billion "consumer
cells" were sold in the United States in 1989. This is an average of approximately 12 dry
cells per person per year or about 32 batteries per household per year.5 Tables 1.2 - 1.3
compare unit sales figures of primary dry cells by type (alkaline, carbon-zinc and heavy
duty carbon-zinc), nickel-cadmium rechargeables, and button cells by type (mercuricoxide, zinc-air and silver-oxide) for 1985-1988 with projected sales figures for 1989-1992.
Battery sales have grown significantly since 1985. There has been an average
increase in battery sales per year from 1985 to 1991. Perhaps more significant than the
. groujth in numbers alone are the changes in the types of batteries that are sold. An
examination of three categories of batteries--primary cells, nickel-cadmium rechargeable
cells, and button cells used in hearing aides-illustrates the changes occurring in battery
,
markets.
Rayovac corporate statement prepared for trade journals and appeared in August 1990.
' Data from A.C. Nielsen and NFO Consumer Purchase Diary quoted in Fleetwood, 1989.
' Based on 1989 population of 248,251,000and92,426,915 households.
7
Table 1.2
ANNUAL SALES OF PRIMARY CONSUMER CELLS BY TYPE
IN THE UNITED STATES
(Millions of Batteries Sold)
Actual
m
Estimated
1985 1986 1987 1988
1989 1990 1991 1992
238 240 224 230
222 241 262 276
631 678 822 899
76
102
98
123
99
120 124 135
1,266 1,381 1,530 1,663
230 230 229 228
291 307 322 336
994 1,088 1,187 1,289
136
151 166 181
144 152 159 166
1,795 1,928 2,063 2,200
Alkaline
D
C
AA
AAA
9v
Subtotal
Heavy Duty (Carbon-Zinc)
D
C
AA
9v
Subtotal
107
91
155
40
393
111
96
179
40
426
108
95
174
38
415
99
99
198
3
437
96
105
199
94
107
203
41
3
441
445
103
101
186
41
431
99
103
193
41
436
94
62
92
3 1
279
85
77
70
56
51
47
93
93
93
3 0 2 2 8
264 250 238
General Purpose (Carbon-Zinc)
- I 3
C
AA
9v
Subtotal
TOTAL
134
99
87
3 8
358
119 121 106
82
77
69
109
93
78
3 4 3 3 3 2
344 324 285
2,017 2,151 2,269 2,385
2,505 2,628 2,754 2,883
Source: Data provided to David Hurd, by Rayovac Corporation on 2/21/91 as calculated in March 1990.
8
pi. .
,
*:
Table 13
ANNUAL SALES OF BUTI'ON AND NICAD CELLS IN THE UNITED STATES
(Millions of Batteries Sold)
Actual
IYIS
Estimated
1985 1986 1987 1988
1989 1990 1991 1992
Mercuric-Oxidel
(Estimated)
61
59
56
52
49
47
45
43
Silver-Oxide
78
80
80
81
83
85
87
89
-.
(Estimated)
Zinc-Air1
(Estimated)
22
27
37
49
60
75
94
117
Sealed NiCad2
(Estimated)
189
205
221
239
259
280
302
326
5
6
7
8
Lithium3
N/A
NfA N/A N/A
Source: Estimates provided to David Hurd, Resource Recovery/Boro Bronx 2000 by Rayovac Corporation on
2/21/91 as calculated in March 1990.
.,.
.
Estimated values for 1990-1992 for mercurk-oxide, sihrer-oxide, zinc-air and sealed nickelcadmium cells were
not provided by Rayovac to David Hurd at Resource Recovery/Boro Bronx 2OO0, but were calculated from the
percentage changes for the previous years listed. The conservative values used were, -5 percent, 2 percent, 25
percent, and 8 percent per annum, respectively.
Due to the diverse uses for sealed nkkel-cadmium batteries, accurate data on sales are diffxult to obtain. As
an oversimplification, Rayovac believes that 15 to 20 percent of the unit sales were in the form of batteries not
sold together with cordless rechargeable products (e.g. sold in blister packs). The remaining SO to 85 percent
were sold together with cordless rechargeable products, either as components assembled into the products or as
detachable battery packs.
' Rayovac's Marketing Department estimates that fwe million lithium batteries were sold in the U.S. in 19S9 to
the consumer replacement market. Approximately four million of those batteries were sold for photographic
applications, while the remaining one million were for watch and calculator applications. The use of lithium
batteries in consumer photographic applications is estimated to be growing at a rate of about 20 percent per
year, while the use of lithium batteries in watches and calculators is not changing much.
9
Table 1.4
PERCENT SALES OF HOUSEHOLD BA'ITERIES IN THE UNITED STATES
Batterv "YTE
1990 1985 1988 1989 1991 1986 1987 1992
Alkaline
53
55
57
59
61
62
63
63
Carbon-Zinc
32
31
28
26
24
22
21
20
Subtotal
85
86
85
85
85
84
84
83
Mercuric-Oxide
3
2
2
2
2
2
1
1
Silver-Oxide
3
3
3
3
3
3
3
3
Zinc-Air
1'
1
1
2
2
2
3
3
Sealed NiCad
8
8
8
9
9
9
9
9
0.2
0.2
0.2
0.2
Lithium
Nln
Nln
Source: Estimates provided to David Hurd, Resource Recovery/Boro Bronx 2000 by Rayovac Corporation on
'&1/91 as calculated in March 1990.
Tables 1.4-1.5 compare the percent sales of consumer batteries from 1985-1992 as
calculated from the data in Tables 1.2 and 1.3. Several trends are discemable in the
tables. First, the percentage of alkaline batteries has grown significantly, from 53 percent
in I985 to an estimated 62 percent for 1990. This is significant because of the different
composition of alkaline batteries, particularly the higher amounts of mercury used, at
least until recently. Battery manufacturers have begun to decrease the mercury content
of alkaline batteries within the past few years. Furthermore, alkaline batteries last two to
eight times as long as carbon-zinc cells, resulting in fewer batteries used per application
compared to the older types, thus reducing the number of units in MSW.
Table 1.3 shows the second major trend. Nickel-cadmium rechargeable
production has grown from 189 million in 1985 to an estimated 280 million in 1990 for
household use. This trend is important because NiCads that are reused 500 times can
replace up to 250 alkaline batteries, a reduction in solid waste volume and mercury
10
I
- .
d
content6 However, their disposal increases the amount of cadmium entering the solid
waste stream.
A third trend is the replacement of the mercuric-oxide button cell by the lower. mercury content zinc-air cell, as indicated in Table 1.5. The market share of the zinc-air
button batteries increased from 14 percent in 1985 to an estimated 36 percent in 1990.
In the same period the mercuric-oxide cell has dropped from 38 percent to 23 percent
market share, while the silver-oxide cells have declined from 48 percent to less than 41
percent. Sales of the mercuric-oxide batteries remains substantial, nonetheless, at an
estimated 47 million units in l99O.'
Table 1.5
PERCENT SALES OF BU'ITON CELL BA"l?RIES
Battery Type
IN THE UNITED STATES'
1985
1986
1987
1988
1989
1990
Me rcuric-Oxide
38
36
32
27
25
23
20
17
Silver-Oxide
48
48
46
45
43
41
38
36
Zinc-Air
14
16
21
27
31
36
41
47
Lithium
NIA
NIA
NIA
NIA
0.5
0.5
0.4
0.4
6
.
1991 1992
Source: Calculated from data provided to David Hurd by Rayovac, Corporation on February 21,1991.
* Columns may not sum to 100 percent due to rounding.
Dr. David Spies, former Eveready researcher, ENDS Report 164/Sept. 1988, quoted in Fleetwood,
1989.
' More than 72 percent of the mercury used in mercuric-oxide batteries goes to non-household uses,
such as medical, industrial and military (NEMA data for 1988).
11
Table 1.6
r;?
PERCENT OF METAL BY TYPE OF HOUSEHOLD BATTERY
%? :I
::
(By Weight)
Metal
Alkaline
CarbonZinc
MercuricOxide
Mercury
0.025-0.5
0.01
30-43
Silver
-----
Zinc
8-18
I
-
12-20
SilverOxide
1
ZincAir
2
---
30-35
-----
10-15
10-15
35-40
NickelCadmium
a_---
----e
-----
Source: Adapted from Carnegie Mellon University, 19SS; NEMA, 1990.
I Cadmium exists as an impurity in zinc from trace amounts to several percent of the zinc by wcight; refined zinc
retains trace amounts of cadmium.
Heavy Metal Content of Household Batteries
Table 1.6 provides the percent ranges of heavy metals typically found in household
batteries. As shown on the table, NiCads are the major source of cadmium and the only
source of nickel among household batteries entering the solid waste stream.
Mercurv In Solid Waste From Household Batteries
Using data provided on the battery sales in the US. in Table 1.4, the mercury
content of batteries by weight in Table 1.6, and battery weight in Table 1.7, the amount
of mercury in MSW from the various types of batteries sold in one year was roughly
estimated. For example, the estimated 1990 sales (Arnold, et al., 1990) for mercuric-
i2
I
*
:::
, :
: ' c
.
oxide batteries was 47 million units. Multiplying this number by the weight of the battery
(1.57 grams) and the percentage of mercury in the battery provides an estimate of the
amount of mercury from these batteries sold in 1990. Adjusting the estimate to tons
results in roughly 29.68 short tons of mercury in MSW (before recovery) from mercuricoxide button batteries solid in 1990.
Table 1.8 shows the estimated amount of mercury in MSW from all household
batteries as calculated using the method described above. These estimates indicate that
,
Table 1.7
GRAM WEIGHT OF CERTAIN BATTERIES BY SIZE AND TYPE
Size
Alkaline
CarbonZinc
(Heavy
Duty)
C
67.5
43.7
39.3
9 volt
46.7
36.5
35.6
Button
----
-e-
CarbonZinc
(General
Purpose)
---
MercuricOxide
---e
1.57
SilverOxide
ZincAir
-
----
---
---
0.92
1.56
-. Sour&: Carnegie Mellon University, 198% and U.S. EPA, 1991.
the total amount of mercury in battery discards, prior to recovery, from the sale of
batteries in 1991 is roughly 289 short tons. This is a rough estimate and provides a
perspective on the contribution of household batteries to mercury in MSW. A more
precise estimates could be achieved through modelling the flow of batteries into MSW.
As shown in Table 1.8, alkaline batteries are the largest contributor to the total
amount of mercury from batteries in MSW followed by mercuric-oxide batteries. The
trend toward reducing mercury in alkaline batteries and the phase-out of mercuric-oxide
13
r
f
;
cells will have a sigmficant impact on the levels of mercury in MSW from waste batteries.
According to EPA, batteries contributed approximately 89 percent of the mercury in
MSW in 1989 (EPA, 1991). By eliminating the mercury content of all batteries, a
significant reduction in the amount of mercury in MSW could be achieved.
r
c
I
i
s
Table 1.8
ESIlMATED MERCURY IN SOLID WASTE FROM
HOUSEHOLD BATTERIES 19911
(Short Tons)2
Size
AlblinG
CarbonZinc
(Heavy
Duty)
Button
-----
----
CarbonZinc
(General
Purpose)
MercuricOxide'
SilverOxide
ZincAir
--
29.68
0.86
258
'.
.
t %
Total
25205
203
1.25
29.68
0.86
258
Sources: Calculations based on data in Tables 1.2, 1.3, 1.6, 1.7.
Assumes that batteries purchased in 1990 are discarded in 1991. Therefore, the estimate of mercury in battery
waste is based on 1990 sales estimates for batteries.
A short ton is equal to 2,000 pounds; a long ton is equal to 1,OOO kilograms or 2,204.6 pounds.
Assumes that the percent of mercury in alkaline batteries is the mid-point (0.2625 percent) of the range presented
in Table 1.6.
' Assumes that the percent of mercury in mercuric-oxide batteries is the mid-point (36.5 percent) of the range
presented in Table 1.6.
'
14
-e. .:
.(
I
. -
Cadmium in Solid Waste From NiCad Batteries
According to estimates in an EPA report by Franklin Associates, the discards of
cadmium in municipal solid waste from NiCad batteries in 1995 are projected to be 1,709
short tons and 2,032 by the year 2000 (EPA, 198%). Franklin estimates that this will be
approximately 76 percent by weight of the total cadmium in products in MSW by 1995
and 2000. Franklin reports that in 1986 NiCad battery discards were 927 short tons,
which was approximately 52 percent by weight of the total cadmium in products in MSW.
These estimates indicate that NiCads will be an increasingly significant source of
cadmium in MSW. By reducing or eliminating the cadmium content of NiCads, a
significant reduction in the amount of cadmium in MSW could be achieved.
15
i'
t
hi
..
i
Chapter 2
MERCURY AM) CADMIUM REDUCI'IONS IN BA'ITERIES
This Chapter briefly descn'bes the status of efforts to reduce the toxicity of
batteries in the U.S. and Europe. The section covers current trendsand future plans.
Trends in the United States
In the U.S.,states and municipalities have established collection programs and
regulatory efforts that treat primary batteries differently from rechargeable batteries. As
a result, the following sections review the regulatory efforts in the U.S. for mercury in
primary batteries separately from NiCads,
As stated earlier, most of the popular primary batteries use zinc in the anode
(negative electrode.) The zinc is coated with mercury to prevent gas formation, which
occurs in the reaction of zinc with other battery materials. The U.S. battery industry has
nianaged to reduce its use of mercury by developing different methods for controlling
zincs. The Eveready Battery Company is currently producing alkaline batteries with a
mercury content of 0.025 percent by weight. In addition, Eveready is currently marketing
a mercury-free carbon-zinc cell in Canada and plans to market this battery in the U.S.
soon (Telzrow, 1990).
Rayovac has just recently completed converting its manufacturing plants to
produce alkaline batteries containing 0.025 percent mercury by weight. The industry has
found that the 0.025 percent level is technically feasible and does not compromise
product quality or safety. Additional reductions may be achieved as research progresses.
Rayovac is publicly committed to marketing mercury-free alkaline cells by 1992 (Balfour,
1990). Battery industry representatives from other firms report confidence that the
eventual elimination of mercury in alkaline cells is possible and that the manufacturers
will continue to work toward that goal (NEMA,1988).
U.S. patent #4,606,984uses an organic compound that reduces the amount of mercury to the interval
otO.2 to 2 percent by weight with respect to the anode. U.S. patent #4,649,093states that compressing
powdered zinc to a density of 6.5 grams/cubic centimeterwill substantially reduce the corrosion of the zinc
anode without resorting to the addition of mercury to the electrode (Carnegie Mellon University, 1989).
L
Although mercury usage for zinc control has declined steadily, the mercuric-oxide
button cell uses mercury in the cathode. The mercury content of these cells cannot be
sigdicantly reduced without adversely effecting their discharge capacity (Carnegie
Mellon University, 1989). As discussed in Chapter 2 the lower mercury-content zinc-air
cells have been rapidly replacing mercury cells.
Hearing aide devices are now being manufactured specifically for zinc-air
application. Industry analysts believe that the problems associated with zinc-air cells can
be eliminated with new technologies, if not minimized to the point where mercuric-oxide
applications become insignificant (Balfour, 1990).
Battery manufacturers have publicized their mercury reduction program as a
successful source reduction effort. Nonetheless, according to industry experts, battery
manufacturers are committed to continuing source reduction measures until they produce
mercury-free alkaline and carbon-zinc cells.
As shown in Table 21,cadmium consumption by the U.S. battery industry has
increased from 969 tons in 1985 to 1,635 tons in 1990. This trend can be expected to
continue as long as NiCad cells remain the overwhelmingly predominant rechargeable
battery type available.
According to battery industry experts, several firms are researching cadmium-free
rechargeable replacements. Cadmium-free rechargeables for certain uses are expected
on the market in 1992 However, due to the proprietary nature of this development,
there is limited information available about the types of materials that may replace the
cadmium.
Lithium9and nickel-hydride rechargeables appear to be the most promising
replacement technology (Bamett and Wolsky, 1989). Another possible replacement is a
rechargeable cell currently under development by BASF AG and Varta Batteries AG of
West Germany that uses a polymer of pyrrole (C&N) (Rugg, 1989). Alternate power
sources, such as solar cells, may provide solutions at a more fundamenkl level in the
future. However, this kind of innovation is likely to take place outside the existing
battery industry.
The battery industry is sensitive to issues of consumer satisfaction, cost, and
environmental "cleanliness" in designing substitutes. New, low toxicity batteries will have
tQ.be safe, reliable, voltage compatible and similar in discharge characteristics, and
Lithium ceHs may pose a safety threat upon disposal due to the reactive nature of lithium.
Table 2.1 U.S. CON!WMPTION OF CADMIUM IN CONSUMER BATTERIES
Year
* .
ns(Short Tons)
1985
1986
1987
1988
1990
1995
2000
969
1,268
1,478
1,531
1,635
1,933
5285
*Consumption adjusted for military/industriai diversions, manufacturing losses and imports/erports,
Endpates from 1956 onward based on projections.
Source: US. EPA 19S9C, p. 160.
comparable in price to current products. While designs that do not use mercury or
cadmium should result in decreased worker exposure to those metals, batteries that use
lithium, for example, may create production safety and other problems (Clark, 1989).
Industry and government will have to be careful to avoid decisions that replace one
significant environmental risk with another and/or increase occupational exposures.
Trends in Europe
Many European environmental health officials became concerned about mercury
usage after several highly publicized incidents of mercury-related health problems in
Japan and Sweden in the late 1950s. In the early 197Os, when hundreds of people were
poisoned in Iraq, public health authorities initiated an investigation into mercury usage
and recommended its reduction and/or elimination (kveton, 1989) in manufactured
products. These incidents led European countries and others to become concerned about
the sources of mercury generally and specifically the content of household batteries.
In 1975 several European countries urged the Association of European Primary
Dry Battery Manufacturers (Europile) to assist in the collection of mercuric-oxide
batteries. Europile represents eleven companies with battery manufacturers located in
Belgium, Denmark, France, Germany, Great Britain, Greece, Italy, Portugal, Spain, and
Switzerland. Europile cooperated with these efforts because they found the recovery of
mercury from these cells to be profitable (Leveton, 1989).
18
Alkaline Batteries
In the early 1980s as alkaline batteries began rapidly replacing carbon-zincs,
European countries, lead by the Netherlands, Sweden, and Switzerland began pressuring
their battery manufacturers to collect alkaline batteries as well. The battery industry was
strongly opposed to this measure, calling the proposal unnecessary and uneconomical
(Leveton, 1989).
Seeking to avoid collection and recycling of alkaline cells, members of Europile
issued a joint declaration of intent to reduce the mercury content of alkaline batteries in
stages in the early 1980s. They committed to reducing mercury from 1 to 0.5 percent in
1986, to 0.3 percent in 1988, and to 0.15 percent in 1990. They also agreed to replace
the mercuric-oxide button cells with zinc-air cells where technically possible. Europile
predicted a 70 percent overall reduction in the amount of mercury in MSW as a result of
this plan (Leveton, 1989).
In 1988, the European Community (EC) Commission proposed a Directive on
batteries designed to reduce the mercury content of alkaline batteries and promote the
recycling of mercuric-oxide, NiCad, and lead-acid batteries. Although the proposal was
in line with industry commitments regarding alkaline batteries, it conflicted with industry's
plan to replace mercuric-oxide with zinc-air cells. The EC proposal had called for a ban
on batteries containing more than 0.3 percent mercury by 1993. This would have
effectively outlawed mercuric-oxide cells. Such a proposal would also have banned zincair cells, the most promising low-mercury substitute, unless the mercury content of these
cells could be reduced below the 0.3 percent limit.
To resolve this conflict, the EC and Europile worked together and agreed to a
revised Directive. In 1990 the EC issued a "Directive on Batteries and Accumulators
Containing Dangerous Substances." The revised EC Directive on batteries is supported
by Europile (Winchester, 1990).lo Europile has assisted in the preparation of the
Directive and has vowed to continue to advise and comment on its content.
The Directive creates a management program for all alkaline, mercuric-oxide,
NiCad and lead-acid batteries manufactured, bought, and sold within EC countries. The
revised Directive requires batteries with more than 0.025 percent mercury and/or
cadmium to display a recycling symbol, to be collected separately from domestic waste, to
lo Since the 1988 EC Directive battery manufacturershave identifiedopportunitiesfor mercury reduction
that were not previbusly envisioned. Developmentactivlty was spurred by two events in recent years. The
fifst was the removal of the residual0.01 percent of mercury from the carbon-zinc battery. The second was
the reduction of the mercury content of the alkaline-manganesebattery to 0.025 percent in 1988. In late
1988, the industry's mercury reduction objectives were revised by the member companies of Europile to
be a 'commitment to reduce the mercury content of the alkaline-manganesebattery as far and as fast as
technologicalty feasible.'
19
be recycled or disposed as special waste, and to carry a disposal charge. The markings
on the battery must be visible to the consumer.
..
I.....
......
:::\:.
. .
Under the Directive, batteries containing more than 25 milligrams (mg) of
mercury per cell (with the exception of alkaline batteries) are required to be handled as
special waste. Since the zinc-air cells contain approximately 30 mg of mercury per
cellll, a reduction in their mercury content will be necessary in order to exempt them
from the regulation.
The Directive requires that appliances containing fixed NiCad batteries be
redesigned so that the batteries are removable by the consumer. The revised Directive
also requires member states to develop disposal and recycling programs covering fouryear periods, which promote treatment processes that allow greater recycling, collection
and disposal systems for spent batteries (Forker, 1990).
In 1990 Europile member companies made a commitment to reduce the mercury
codtent of alkaline-manganese batteries from 0.3 percent to 0.1 percent and to 0.025
percent in 1992 (Leveton, 1989). Europile adopted the 0.025 percent level in alkaline
batteries because this is the lowest level they believed they could achieve with current
technology and maintain product quality and safety. However, currently, so- called
"green" batteries with less than 0.025 percent mercury and cadmium are available in
Sweden, Norway, Switzerland, and West Germany through Eveready, Phillips, and Varta.
In addition, the US-based company Polaroid meets the 0.025 percent mercury level in
the batteries used in its film packs (Forker, 1990). Europile estimates that the cost to
the industry of meeting the EC Directive goals for mercury and cadmium for the entire
European market by 1992 will be approximately $120 million US. (Forker, 1990).
Environmental officials in the U.S. have closely observed the development of the
EC Directive and the agreement with Europile. There is growing interest among
environmental groups and states in developing similar U.S. regulations for batteries. In
anticipation of this, several battery manufacturers are undertaking the same reductions in
the mercury content of batteries sold in the U.S. as those outlined under the EC
Directive.
" Zinc-air cells contain approximately two percent mercury by weight and weigh approximately 1.57
grams (0.02 x 1.56 = .030g or 30mg).
20
.
Chapter 3
REGULATIONS AND LEGISLATION
Several existing state and federal environmental legislative and regulatory
initiatives would require source reduction or recycling of household batteries. These
measures seek to reduce the use of toxics chemicals, minimize household hazardous
wastes and mandate recycling.
This Chapter examines current and pending federal and state policies with regard
to the manufacture and disposal of consumer batteries. The initiatives of several
European and Nordic countries to reduce toxic metals in household batteries are also
discussed.
Cutrent Federal Policy on Household Batteries
State and federal concerns about household battery disposal focus on the
possibility of toxic metals leaching from landfills containing MSW incinerator ash or
entering the atmosphere from incinerator air emissions. Local efforts to separate
components of MSW that contain heavy metals has increased as public concern has
grown over the potential environmental impacts of air emissions and ash.
EPA and Other Federal Studies of Batteries in MSW
EPA has been investigating sources of heavy metals in municipal solid waste and
examining regulatory and non-regulatory options for their substitution and/or disposal
(EPA, 1988). The Office of Solid Waste (OSW) is conducting a series of studies to
characterize the toxic materials in MSW (EPA, 1989c; EPA, 1991).
1
A recent report by EPA recommended several alternatives for NiCad batteries,
including the use of lithium secondary batteries, silver-zinc, nickel-zinc, nickel-hydrogen,
and primary batteries (EPA, 1990). Another EPA report urged the source reduction of
metals or inorganic compounds found in municipal solid waste landfill leachate or
combustor stack emissions. The report mentions that "products should not contain lead
and cadmium when less toxic substances can be substituted" and identifies batteries as
one of these products. (EPA, 1988)
According to the "EPA Proposed Control Guidelines Under Clean Air Act For
52209, December 20,
Emissions From Existing Municipal Waste Incinerators" (54
1989), municipal waste combustor (MWC) metal emissions can include arsenic, beryllium,
cadmium, chromium, lead, mercury, and nickel. Whh the exception of mercury, all of
-.
21
these metals are removed with fine particulate matter collected by electrostatic
precipitators (ESPs) installed on incinerator stacks. Well-designed ESPs, operated at
23OoC (45OoF) or less, remove over 97 percent of the arsenic, cadmium, and lead, and
approximately 99 percent of the beryllium, chromium, and nickel from municipal waste
combustor exhaust In general, little to no mercury control is found at MWCs with
particulate matter controls (i.e. no acid gas controls) (EPA, 1989A).
In the development of proposed "Standards of Performance for New Stationary
Sources, Municipal Waste Combustors" (54
52252, Dec. 20, 1989), EPA determined
that materials separation, source reduction, and recycling would help prevent the air
emissions and ash management problems associated with MWCs. These proposed
standards have been dropped by EPA, and the Agency is currently considering
alternative standards. However, the Agency has not revised the findings of their study
concerning source separation of products containing toxic metals.
.L
The Congressional Office of Technology Assessment (OTA) has also reported on
household waste management. OTA recommended that household waste disposal be
approached on a material by material basis. The study suggested that hazardous
materials be diverted to the most appropriate management method based on their
physical and chemical characteristics. The OTA described a system of materials
management for municipal waste, outiining policy options that would require MSW to be
managed based on the individual components rather than as an indistinguishable
"mixture". The report mentioned household batteries in describing collection programs
for household hazardous waste (OTA, 1989).
Proposed EPA Rendations
In the past federal regulation has focused primarily on industrial hazardous waste
streams. By law, wastes generated by individual households have been exempt from
federal hazardous waste regulation despite the presence of household hazardous wastes,
such as spent batteries. Consequently, batteries are not regulated under federal
hazardous waste regulation.12
EPA has established a task force that includes representatives from owners and
operators of MWCs, state and local .governments, and household battery manufacturers
to review the implications and effectiveness of collection programs €or household
batteries. In addition, the task force will recommend what type of program EPA should
develop, what problems the program would face, and how effective such a program
would be in removing batteries and reducing mercury emissions. EPA is exploring
__
l2 Though exempt from federal regulation, certain household wastes have been legally defined as
hazardouswaste in several states. These states have developed strict regulations governing the disposal
and handling practices of designated household hazardous wastes.
22
. ;>
. .
whether effective separation of household batteries could be achieved through a
deposidretum system, a prohibition on disposal of batteries with other MSW,and
implementation of separate community collections for batteries (EPA, 1989A).
Federal Lem'slative Initiatives
In 1990 House and Senate legislators proposed bills which address household
battery disposal. Three such bills are discussed in the following section. These bills
include H.R 2853, H.R 3735, and H.R 3737. According to Congressional and battery
contacts, no new legislation on household batteries has been filed in 1991.
The "Battery Recycling and Research Act of 1989" (H.R 28!53), proposed as an
amendment to the Solid Waste Disposal Act, would require the EPA Administrator to
study the disposal of household batteries, solicit Federal agency recommendations
conccming household batteries in MSW,and examine potential recycling programs for
household batteries.
Section 4.0 of the bill, entitled "Study on Household Batteries" states:
-
(a)"Study The Administrator of the Environmental Protection Agency
shall conduct a study on the disposal and potential recyclability of
household dry-cell batteries. In conducting the study, the Administrator
shall take into account any studies that have already been conducted on
such batteries and their relation to solid waste. The study shall include, at
a minimum the following:
(1) The effecti of used household dry-cell batteries on municipal solid
waste landfills and incinerators, including any threats to human health or
the environment;
(2) The potential recyclability of used household dry-cell batteries,
including:
(i) recycling technologies that could be used;
(ii) the potential effectiveness of those technologies in recovering
reusable materials from such batteries;
(iii) existing and potential collection systems for such batteries;
(iv) the potential human health effects resulting from exposure to
such batteries at all phases of the recycling process, including
23
collection, storage, transportation and reclamation of reusable materials;
and
(v) the costs of recycling such batteries
(b) Report - Not later than one year after the date of the enactment of this
Act, the Administrator shall submit to Congress a report describing the
results of the study conducted under this section, with recommendations on
whether there is a need for legislation, regulation or further study relating
to the disposal or recyclability of used household dry-cell batteries."
Nearly identical language is contained in Section 107(b) of H.R. 3735. Both H.R.
2853 and H.R 3735 were under review by the Committee on Environment and Public
Works in 1990. The Committee is also reviewing the proposed Senate bill 'The
Municipal Waste Combustion Control Act of 1989'which addresses the possible threat
posed by the incineration of materials containing heavy metals. The bill would require
EPC\ to determine which substances are unsuitable for incineration and prohibit the
incineration of household batteries (Carnegie Mellon University, 1989).
. t
KR. 3737 would indirectly affect the household battery industry. This bill would
amend the internal Revenue Code of 1986 by (1) imposing an excise tax on certain uses
of virgin materials, and (2) establishing a trust fund for recycling assistance and solid
waste management planning. Section 4681 of the bill, entitled "Imposition of Tax"
provides: "there is hereby imposed a tax on the use of any virgin material in the
manufacture or production of any taxable product." The bill defines a "taxable product''
as one manufactured or produced by an industry described according to a range of
Standard Industrial Classification Codes. Included among the affected codes are primary
batteries, whether wet or dry.
Section 95 11 of H.R. 3737, entitled "Recycling Assistance and Solid Waste
Management Planning Trust Fund," establishes a trust fund in the U.S.Treasury of an
amount determined to be equivalent to the taxes received under Section 4681. The bill
provides for the trust fund to be used for financial assistance under Section 7011 of the
Solid Waste Disposal Act and to support the waste reduction and recycling clearinghouse
established under Section 8008 of the same Act.
None of these bills directly addresses source reduction of toxic metals in
household batteries. If H.R 2853 and H.R 3735 were passed, EPA could examine the
possibilities for reducing toxic metals in batteries and the potential environmental impacts
of such a reduction. However, Congress' current proposals do not direct the EPA to
take specific steps in the near future toward reducing toxics in batteries.
...
24
State Policy on Household Batteries
In the absence of direct federal action, a number of municipalities and states have
either proposed or passed legislation or regulations or initiated battery programs that
alter existing disposal practices for household batteries. There are currently more than
1,300 community household hazardous waste programs in 43 states. Many programs
include household batteries on the list of household wastes that can be included in a
drop-off or curbside collection program.
The states with household battery programs include California, Connecticut,
Florida, Illinois, Michigan, Minnesota, Nebraska, New Hampshire, New Jersey, New
York, Oregon, Rhode Island, Tennessee, Vermont, Washington, and Wisconsin. A
number of states are currently considering legislation that would mandate reductions in
mercury content and mandate the collection, recycling or proper disposal of household
batteries. These states include Maine, New Jersey, New York, Rhode Island, and
Vermont. The following sections descrii the battery source reduction efforts of these
and several other selected states.
Connecticut
Connecticut passed legislation in 1989 requiring all household products containing
a NiCad rechargeable battery sold in the state to be designed so that the battery can be
removed before disposal.*3 Appendix'A presents a summary of the CT state law.
Under the Act, either the package, the product, or the battery must have a label stating
that the battery should be properly disposed. The product design changes and labeling
requirements are eEfective July 1993 (CTPublic Act 89-385).
Under the law, the Connecticut Department of Environmental Protection can
grant indefinite exemptions for products, which if redesigned would cause either a
significant public health or safety risk or cause substantial job losses to the state.
Products on the market before October 1, 1989 that are not easily redesigned are eligible
for a two year extension from the deadline to allow for redesign. The Act also requires
that all types of NiCad rechargeable cells be recycled by Connecticut municipalities after
1993. Municipal recycling programs are required within three months of the creation of
a local or regional processing and recycling system.
j3 Small electrical appliances and tools account for approximately 80 percent of the NiCad batteries
used in the United States.
25
k i
..
Maine
The Maine legislature 'is currently considering a household battery collection bill
that was introduced in March of 1991. Appendix B presents a copy of the legislation.
The legislation would require that (1)state agencies purchase rechargeable batteries to
the maximum extent feasible; (2) after February 1, 1993 all household batteries have a
refund value of ten cents; (3) distributors and manufacturers accept from retailers or
distributors all waste household batteries; (4) all batteries have a label that clearly
indicates its refund value; ( 5 ) battery manufacturers reimburse distributors, retailers, or
redemption centers the cost for transportation and handling of waste batteries; (6) all
batteries are prohibited from disposal by incineration after August 1, 1993; (7) all
products sold in the state after February 1, 1994 containing rechargeable batteries be
designed so that the battery is easily removable; and (8) education materials be .
developed by the state to inform the public about the requirements of the law.
(.:
f!
Minnesdta
3
c
.I
In 1990 the Minnesota legislature passed an bill relating to solid waste, prohibiting
placement of specified dry cell batteries in mixed MSW, establishing maximum content
levels of mercury in batteries, requiring labeling of household batteries and mandating
the accessibility of rechargeable batteries in products. Appendix C presents a copy of the
legislation. The Act defines 'household batteries" as disposable or rechargeable dry cells
commonly used as power sources for household or consumer products including, but not
limited to nickel-cadmium, mercuric-oxide, silver-oxide, zinc-oxide and carbon-zinc
batteries, but excluding lead acid batteries. Under the guidelines specified in the act,
manufacturers of batteries must establish and maintain a system for the proper collection,
transportation and processing of waste batteries. Manufacturers are further required to
inform consumers of the system available for battery collection. The law also requires
manufacturers to label the type of electrode contained in the battery.
The law bans the sale of alkaline batteries, except button cells, containing more
than 0.025 percent mercury after February 1, 1992. Alkaline button cells sold in the state
after January 1, 1992 cannot contain more than 25 milligrams of mercury. Products
containing rechargeable batteries are required to have labels indicating that the battery
must be recycled or disposed of properly. These products are required to be redesigned
so that rechargeable batteries are accessible to the consumer.
New Hammhire
__
The New Hampshire/Vermont (NH/VT) Solid Waste Project, a consortium of 28
small and rural towns has had a household battery collection and disposal program since
May of 1987. The primary collection sites are located at approximately 70 retail outlets
26
I
'
I
. -
$..A
and at community recycling centers. The program uses a five-quart bucket as a collection
box in the stores. All types of household batteries are accepted and are co-mingled in
the collection bucket.
Program officials estimate that currently eight percent of the area's household
batteries are collected. Whether any batteries are coming from non-household sources is
unknown. Approximately 18,OOO pounds of batteries were properly disposed of in the
first year of the program (Hirth, 1989). The program is promoted through community
posters and by the participating retailers. The effectiveness of the collection program
depends largely on the commitment of the individual retailers to publicize the program
and the behavior of battery consumers.
Original plans for the program included battery sorting and subsequent shipment
of mercury button batteries to Mercury Refining Corporation in Albany, New York, for
metal recovery. The contractor handling the spent batteries, however, has been disposing
of all the batteries at a hazardous waste landfill because of the time required to sort out
bahton cells from the mixture of collected batteries.
The New Hampshire Office of Waste Management (now designated as the
Department of Environmental Services, Waste Management Division) has ruled that the
collected household batteries are not regulated hazardous waste. In a letter to the
Project, however, the office has stated that,
"...due to said batteries' content of heavy metals, which may pose public
health threats if the metals enter the air, surface water or groundwater, it is
incumbent upon your facility to conduct proper storage practices and
disposal practices so as to assure the greatest possible efforts in preventing
discharges to air and water. Again, it is the Office's understanding that said
batteries will either be recycled or disposed of at an authorized household
hazardous waste collection project" (Minichiello, 1986).
The New Hampshire legislature has asked the New Hampshire Department of
Environmental Services (NH DES)to develop a policy proposal on household batteries.
The NH DES Waste Management Division is currently reviewing policy options for
household batteries.
New Jersev
The New Jersey legislature is considering legislation that would require battery
manufacturers to reduce the mercury concentration in batteries, to be responsible for
recycling of certain batteries, and to require manufacturers of products containing sealed
NiCads to redesign the products to make these batteries removable. Appendix D
27
presents a copy of the legislation. New Jersey solid waste officials anticipate passage of
the bill this year with some minor revisions.
Specifically the legislation would,
o Ban the sale of alkaline batteries other than button or coin batteries
manufactured after January 1, 1992 that contain more than 0.025 percent mercury,
o Ban the sale of alkaline button and coin size batteries manufactured after
January 1, 1992 that contain more than 25 milligrams mercury;
o Ban the sale of all alkaline batteries manufactured after January 1, 1994 that
contain any mercury;
o Ban the sale of carbon-zinc batteries manufactured after January 1, 1992 that
contain more than one part per million or O.OOO1 percent mercury;
.,
o Ban the sale of mercuric-oxide batteries manufactured after January 1, 1992
that exceeds 250 parts per million by weight or 0.025 percent;
o Ban the sale of rechargeable consumer products manufactured after July 1,
1993 unless the rechargeable battery is removable or the battery is separate from
the product, the packaging is labeled, and an instruction manual accompanies the
product that explains methods to properly dispose of the battery;
o Require certain statements from manufacturers seeking temporary exemptions
from the above requirements;
o Allow the New Jersey Department of Environmental Protection (DEP) to
establish a fee for services performed under the law,
o Require manufacturers of mercuric-oxide, NiCad, and sealed lead acid batteries
sold in the state after April 1, 1992 to develop a plan for collection,
transportation, recycling or proper disposal of the battery that is subject to NJ
DEP approval;
o Make battery manufacturers liable for the collection, transportation, recycling
and proper disposal of mercuric-oxide, NiCad, and sealed lead acid batteries;
-.
o Require mercuric-oxide and rechargeable manufacturers to report on July 1,
1992 and at least every six months thereafter on battery return or recovery rates;
o Require all other dry cell battery manufacturers to submit to the NJ DEP a
battery collection plan by January 1, 1992;
28
, :,
. . I
. -
o Ban the disposal of mercuric-oxide and NiCad batteries by April 1, 1992;
o Require retailers who sell products with rechargeable batteries to accept
rechargeable batteries from customers, to post signs informing customers that the
store collects rechargeable batteries, and to install collection boxes for the
batteries;
o Require all institutional generators to provide for on-site source separation,
collection and disposal of all mercuric-oxide, NiCad, and sealed lead acid
batteries;
o Require counties that adopt district household hazardous waste 'plans to include
provisions for collecting and disposing of used mercuric-oxide, NiCad, and sealed
lead acid batteries at least once every 90 days;
o Allow NJ DEP to require the owners or operators of resource recovery
facilities to implement a dry cell battery source separation and collection program
as part of a permit or approval;
.
o Enable NJ DEP to declare any lithium, silver-oxide, zinc-air, alkaline, or zinccarbon battery an imminent threat to the environment and specific emergency
measures that the manufacturer must undertake to eliminate that threat;
o Require NJ DEP to establish a public education and consumer complaint
program to assure the widespread dissemination of information concerning the
provisions in the law,
o M o w NJ DEP to fine violators of the provisions of the act for a penalty of not
less than $500 or more than $1,0oO for each offense; and
o Require NJ DEP to prepare a report to the legislature concerning the
implementation of the act within two years of the effective date of the act.
The proposed New Jersey legislation is the most detaikd and extensive legislation
on household batteries that has been proposed to date, including requirements for
institutional and other battery users that are not included in other state laws. The laws
in its present form goes beyond most proposed state requirements by mandating the
elimination of mercury in alkaline batteries by 1994.
New York
The Environmental Action Coalition (EAC), a non-profit environmental
organization, began a collection project for household batteries (button cells and NiCad
.
.
29
cells) from six large apartment buildings and selected retail outlets in New York City in
1988. Using specially designed and labeled cardboard boxes, EAC collected
approximately a half ton of household batteries between March 1988 and December
1989. EAC sent the collected button cells and the NiCad batteries to Mercury Refining
Corporation in Albany, New York for recycling, The group plans to start collecting
batteries from professional groups such as police and fire departments in the near future.
The EAC also intends to begin sending NiCads to either a facility in France or a facility
in Sweden for cadmium recycling (Arnold et.
1990).
,
The New York State Legislature is currently considering legislation that would
mandate reductions in the mercury content of certain batteries and require recycling of
other batteries. Appendix E presents a copy of the legislation. The bill has passed the
New York Senate and is currently under review by the Assembly Codes Committee.
The legislation would mandate that (1) the zinc-carbon batteries sold in the state
have a mercury content of less that O.OOO1 percent by weight by January 1, 1993; (2)
alkaline batteries sold in the state have a mercury content of 0.025 percent or less after
January 1, 1992; (4) the mercury content of button or coin alkaline batteries have a
mercury content of 25 milligrams or less by January 1, 1992; ( 5 ) all NiCads or lead acid
batteries in products sold in the state be easily removable and labeled after July 1, 1993;
and (6) the state develop a plan for the governor and legislature on recycling or proper
disposal of mercuric-oxide batteries, silver-oxide batteries, NiCads, small lead acid
batteries and other designated by the Commissioner of the Department of Environmental
Conservation (DEC). The commissioner is also authorized to allow the sale of batteries
that do not comply with the requirements listed above if the battery was available on or
before the date when the provision is in effect or that the battery substitute poses a
significant public health threat.
. j
'
!
Rhode Island
The Mode Island legislature is considering a bill that would establish a household
battery recycling program and mandate reductions in the mercury content of batteries
sold in the state. Appendix F provides a copy of the proposed legislation.
I
The legislation would: (1) prohibit the sale of alkaline batteries containing more
than 0.025 percent mercury after January 1, 1992; (2) prohibit the sale or distribution of
all mercuric-oxide batteries after January 1, 1993; (3) prohibit the disposal in commercial
and municipal solid waste of NiCads, mercuric-oxide, and lead-acid batteries after
January 1, 1994; (4) require government agencies, industrial communications facilities and
medical facilities that generate waste NiCads, mercuric oxide and lead-acid batteries must
ensure that they are properly collected, transported and processed after January 1, 1993;
( 5 ) prohibit the sale of products containing rechargeable batteries unless they are easily
removable and the product is labeled indicating that the batteries may not be disposed in
30
i.
4
MSW as of January 1, 1994; (6) allows rechargeable battery manufacturers to petition for
exemptions to the provisions requiring them to make rechargeable batteries be
removable from products; and (7) requires the Rhode Island Department of
Environmental Management (DEM) to establish regulations to govem dry cell battery
recycling and work with manufacturers to establish a collection program at the point of
sale by January 1,1994.
The legislation was introduced in the Spring of 1991and should be considered by
the legislature during the summer.
.
..
@
The Vermont legislature is currently considering legislation that would prohibit the
disposal of certain batteries, mandate reductions in the mercury content of certain
batteries, and require that rechargeable batteries be removable from products. Appendix
G presents a copy of the proposed legislation.
Specifically, the bill would (1) require that mercuric-oxide, silver-oxide, NiCad, and
sealed lead acid batteries used by an industrial, communications, or medical facility not
be mixed with mixed solid waste after January 1, 1993; (2) prohibit the sale of alkaline
batteries, except button batteries, after February 1, 1992 that contain more than 0.025
percent mercury by weight; (3) prohibit the sale of alkaline button batteries after January
1, 1992 that contain more than 25 milligrams of mercury; (4) prohibit the sale of alkaline
batteries after January 1, 1996 that contain any mercury; ( 5 ) prohibit the sale after
January 1, 1993 of any button battery that contains more than 25 milligrams of mercury;
(6) allow for manufacturers to petition for exemptions to these prohibitions; (7) prohibit
the sale of products containing rechargeable batteries unless the battery is easily
removable and the product is labeled to inform the consumer that the battery must be
recycbd or properly disposed; and (8) require the VT Agency of Natural Resource to
develop a used battery management plan. Finally the law would prohibit the disposal of
rechargeable batteries in municipal solid waste landfills in any district or municipality in
which there is an ongoing collection program after July 1, 1992.
The legislation was introduced in April 1991 and should be considered by the
legislature during this summer.
Summary
Table 3.1 presents a matrix of the current and proposed state requirements. The
table clearly shows that most proposed state laws mandate reductions in the mercury
content of alkaline and other batteries. In addition, all of the laws would require that
rechargeable batteries contained in products -beremovable. Many of the laws would
-.
31
require the collection and recycling or proper disposal of waste batteries. Several of the
state laws would explicitly prohiiit the disposal of batteries in landfills or incinerators.
Minnesota is the only state that has passed legislation mandating source reduction of
mercury in batteries. However, other state laws go beyond the requirements in the
Minnesota law and appear to have'significant support in the state legislatures. Worts to
reduce cadmium in MSW €tom batteries have been limited to ensuring that batteries in
tools and appliances be removable.
Table 3.1
COMPARISON OF KEY PROVISIONS IN STATE
HOUSEHOLI) B A m Y LEGISLATION'
CT
ME
MN
Mandates Hg Reduction
N
N
Y
Y
Y
Y
Y
Mandates Collection
N
Y
Y
Y
N
N
N
Mandates Hg Reductions
N
N
N
Y
Y
N
N
Mandates Collection
N
Y
Y
Y
N
N
N
Prohibits Sale
N
N
N
N
N
Y
N
Mandates Hg Reduction
N
N
N
Y
N
N
Y
Mandates Collection
N
Y
Y
Y
Y
Y
N
Bans Disposal
N
Y
Y
Y
N
Y
N
Y
N
N
Provisions
NYm
7
VT
Waline Batteries
Carbon-Zinc Batteries
ercunc-Oxide Batteries
Silver-Oxide Batteries
Mandates Collection
\
N
Y
Y
.
32
Y
I!
9. ::
.
Table 3.1
COMPARISON OF KEY PROVISIONS IN STATE
HOUSEEOLD BATX'ERY LEGISLATION
(c0-1
Recharpeables
Rechargeables Be Removable
Y
Y ' Y
Y
Y
Y
Y
Label Products
Y
Y
Y
Y
Y
Y
Y
Mandates Recycling
Y
N
N
N
N
Y
N
Prohibits Disposal
N
N
N
Y
N
Y
YL
Refund on Batteries
N
Y
N
N
N
N
N
Ban on Incineration
N
Y
N
Y
N
N
N
Mandates State Plan/Report
N
N
N
Y
Y
N
Y
Mandates Regs. for Recycling
N
N
N
N
N
Y
N
Establish State Education Prog.
N
Y
N
Y
N
N
N
Label All Batteries
N
Y
Y
N
N
N
N
Specific Fines for Violations
N
Y
Y
Y
N
Y
N
All Batteries
Y=yes the state law requires or would require the provisions; N=N the state iaw does not require or would
net require the provision.
The ban on disposal applies to districts or municipalities where a collection program exists.
33
European Policies on Household Batteries
Several European nations have completed research on the environmental effects
of disposal of household batteries in MSW. Some of these countries have instituted
mandatory reductions of mercury in household batteries and mandatory or voluntary
programs for separating household batteries from the waste stream. The following
sections discuss the source reduction and collection programs and research activities of
several countries.
Compared with their U.S. counterparts, European battery manufacturers are more
heavily regulated and monitored Faced with possible increases in regulation, European
manufacturers have entered into several voluntary collection programs. These collection
programs have focused primarily on removing batteries from the MSW stream and not
on the recycling of batteries.
West Germany
In 1980, the West German Federal Government entered into an agreement with
battery manufacturers and importers to collect and recycle mercury-containing batteries.
The battery industry agreed to reduce mercury content to 0.1 percent and to label
mercury button cells and alkaline-manganese cells containing more than 0.1 percent
mercury content. The manufacturers have also agreed to label NiCad batteries.
In 1986, the Federal Government passed strict waste regulations requiring that
certain products, including batteries, be labelled, collected and recycled or be disposed of
as hazardous waste. Under the new guidelines, a deposit system or even an outright ban
could be imposed on these products (Genest, 1988).
Batteries are subject to an agreement reached among representatives of the
battery industry, the retail trade, waste management companies, and the Federal
Government. The agreement stipulates that batteries be collected on a voluntary basis
and shipped to designated companies for proper disposaL If the voluntary collection
system does not work out, batteries will be more strictly regulated (Forker, 1989).
Netherlands
The Netherlands began formal discussions on the environmental impact of spent
batteries of all types in 1975. In 1980, they directed their attention toward alkaline
batteries. At that time, the Dutch Government also began to look at possible collection
and disposal methods, as well as the environmental impacts associated with the disposal
of NiCads. By 1985, the government had secured an agreement from the battery industry
to replace mercury button cells with zinc-air or other less toxic cells. In 1987, the Central
34
, ..
!
Government published a draft Cadmium Decree to minimize the use of cadmium in
batteries and to provide for collection strategies (Meijer, 1988).
. .
The current agreement between the government and industry is aimed at overall
toxicity reduction and recycling. Because of heavy dependency on MSW incineration, the
government is committed to a 100 percent collection and processing rate by 1996. The
reduction strategy includes continued substitution of zinc-air for mercuric-oxide batteries,
reduction of mercury in alkaline cells following the EC guidelines, and an 80 percent
return rate for recycling NiCads by 1991. Currently all types of household batteries are
collected, but only NiCad and silver-oxide batteries are recycled (Forker, 1989).
To reduce mercury and cadmium in household batteries, the Swedish government
has listed any battery containing more than 0.025 percent mercury and/or cadmium as
hazardous. Government regulations ban batteries containing greater levels of mercury or
cadmium from municipal solid waste landfills and tax manufacturers. Revenue generated
from the tax is used to finance the promotion of the battery separation program and to
pay for final treatment and disposal of the batteries (Levy, 1990).
Sweden has been collecting all types of batteries since 1987. Over 60 percent of
the waste batteries generated are collected through public drop-off containers, in-store
collection boxes, curbside recycling, and household hazardous waste collection. Collected
batteries are currently sorted by hand so that NiCads may be sent to a Swedish recycling
facility. The remaining carbon-zinc batteries are placed in temporary storage at a secure
landfill, until an acceptable recycling facility can be located.
Switzerland
..:
In 1984 Switzerland began regulating the reduction oAmercury and cadmium in
consumer batteries. Since 1986 any battery containing more than 0.025 percent mercury
and/or cadmium has been legally classified as a hazardous waste and must conform with
the Swiss hazardous labelling requirements.
The Swiss Government has established a collection system for household batteries
using a combination of public drop-off containers and retail collection boxes. Since 1983
Swiss household battery retailers have been required to take back spent batteries at no
cost to the consumer.
The regulation and recycling of nickel-cadmium batteries has also become
important in Switzerland. The government plans to regulate NiCads by promoting the
8
35
use of nickel-hydride or lithium batteries, by placing a deposit system on NiCads, and by
eliminating the "fixed" NiCads used in appliances and tools (Forker, 1989).
Austria
Since Austria composts almost 50 percent of its municipal solid waste, all
household hazardous wastes, including batteries, are aggressively segregated from the
municipal solid waste stream to ensure that compost can be marketed.for agricultural use
(Forker, 1989).
According to a legislative proposal presented to an international seminar on
Deposit Systems for Batteries held in Sjabo, Sweden in March of 1988, Austria plans to
establish a Utilization Fund under the guidance and jurisdiction of the Federal Minister
of the Environment, Youth and Family to institute environmentally safe collection and
utilization [recycle] of dry cell battened' Under the proposed law, deposit labels would
bemed to emure that deposit fees are paid only for batteries purchased in Austria.
The proposed legislation dictates that the Minister use the Utilization Fund to
send recyclable batteries to one or more authorized recycling centers and non-recyclable
batteries to an authorized hazardous waste collector for disposal.
The Austrian company, Voest-Alpine, claims to have developed a recycling
technology that can handle all battery types, but requires the collection of 80 to 90
percent of all batteries sold in Austria to be economically feasible. The Austrian
Government plans to require product labelling and the deposit collection system to
achieve this return rate (Forker, 1989).
Beleium
The Belgium government commissioned a study to determine the differences in
mercury emissions from an incinerator before and after sorting household batteries
containing mercury out of the waste stream. The study showed that a 36 percent
reduction in mercury emissions was accomplished by removing the mercury containing
batteries ( h o l d , ,et a,! 1990). The study does not indicate how the Belgium
government will respond to the results of the analysis.
Austrian Law defines dry batteries as carbon-zinc, a l k a l i , button, and
mercury or cadmium (Forker, 1989).
"
36
other dry cells containing
i j
w
Denmark
The Danish National Agency for Environmental Protection has proposed
legislation entitled "Danish Proposal For a Deposit System For Environmentally
Hazardous Batteries." The proposed legislation would set up a model deposit system for
environmentally hazardous batteries under the existing guidelines of the Danish Recovery
Act. Batteries containing more than 0.025 percent cadmium and/or mercury would be
considered to be environmentally hazardous and included in the deposit system. The
proposed legislation would require labelling of alkaline batteries, rechargeable batteries,
and button cells (lithium batteries are exempt from the deposit system).
According to the proposed legislation, labels would also be placed on products
containing built-in rechargeable batteries. Collected batteries would be recycled when
possible, since landfilling is not acceptable in Denmark. Batteries containing cadmium
would be shipped to a recycling facility in Sweden, while mercury-containing batteries
would be stored in a secure landfd until proposed mercury recycling facilities in
Denmark and Sweden are operational.
Growing concern about the increased use of NiCads has led to a government
sponsored mandatory rebate system. The system is set up to target loose NiCad cells,
packages, and appliances with fixed cells. By making the rebate attractive enough (10
percent of the purchase price), a 95 percent return rate is expected to be achieved
(Forker, 1990).
Summary
The battery policies of European nations show a level of development not yet
achieved in the U.S. These developments may be due to the combination of a denser
population, a higher level of overall industrial regulation and a more managementoriented approach to environmental issues (Carnegie Mellon University, 1989).
However, the U.S. is benefitting from the metal reductions in batteries that are taking
place in Europe as battery manufacturers begin to sell the low mercury batteries in the
U.S.. U.S. policies on household batteries can thus be informed by the experience of
European countries.
37
’
&i
‘b
Chapter 4
POLICY OPTIONS
Source reduction is at the top of =A's hierarchy of waste management practices.
EPA's policy is that reducing toxic materials in products is preferable to managing them
as wastes through collection for recycling, incineration or landfilling.
This section presents policies options for EPA and states that could encourage or
mandate reduction of toxic metals in household batteries. These policy options were
developed based on state legislative propods and conversations with source reduction
policy experts and others. The first part of the section Is a review of precedents for
source reduction in the U.S. followed by a discussion of more specific federal and state
policy options.
Precedents for Source Reduction
EPA has mandated reductions in the use or releases of certain toxk chemicals in
various regulatory programs in the past. The international agreement on the reduction
of use and manufacture of chlorofluorocarbons (CFC's)is an example of mandated
source reduction. Codified in the Montreal Protocol, this agreement called for a 50
percent reduction of CFC's by the year 2000 when it was drafted in 1987 (Shea, 1989).
In 1990 the signatories to the protocol expanded its requirements in response to new
scientific evidence about the role of CFCs in the depletion of stratospheric ozone. A
total phase-out of CFCs by 2000 has now been accepted, and the list of compounds
covered has been expandedIs
The regulation of lead in a variety of products is another example of a mandated
sours reduction initiative. As the neurological effects of small quantities of lead on
children became more apparent, EPA banned lead in gasoline, in paint, and in solder
used in food containers and water pipes. Similarly mercury in exterior paint has been
phased-out, replaced by titanium and zinc pigments.
There are a number of other examples of federal action to eliminate the use of
toxic substances in products or manufacturing. In most cases, these actions involved a
Is EPAs 1988 cost estimate of $3 billion for a 50 percent U.S. reduction of CFC's by 2000 was CUI in
half a year later for a total phaseout David Donger of NRDC and Alan MiUer of the Center for Global
Change at the University of Marylandargue that '...thanks to the multbilliindoUar energy savings (from the
substitutes), the economy may show a net profft.' They conclude that the lesson of the CFC ban is that
'When industry is forced to find alternatives it will, and without the due consequences that are routinely
forecast: CFighting Global Warming is Good for Business,' New York Times, Aug. 6, 1990, p.Al3)
38
ban or phase-out of the materials in response to environmental health concerns.
The following sections describe source reduction policy options that states or EPA might
pursue to reduce mercury and cadmium in household batteries.
Policy Options
The state and federal governments could adopt a range of policies, from public
education to mandated bans on materials in batteries, to promote source reduction of
batteries containing mercury or cadmium. A number of policy options are presented
below to provide the: basis for further discussion among state and federal officials on
source reduction of household batteries. The list is not meant to be exhaustive. Rather,
we present those that we believe are likely to achieve the goal of significantly reducing
toxic metals in municipal solid waste. The potential impacts of these options are not
analyzed here. This list is meant to provide ideas for discussion among solid waste
officials on how to reduce toxic metals in household batteries.
Northeastern states could cooperate through NEWMOA in establishing a source
reduction task force on batteries to analyze and discuss the impacts of the policy options
listed below. This group could include representatives from industry, regulatory agencies,
and the public. Models for such a.group are the Source Reduction Task Force of the
Coalition of Northeastern Governors (CONEG)and the Northeast Recycling Council
(NERC). The task force could assess the state of battery technology so that source
reduction timetables could be established and technical recommendations to state
legislative bodies could be made. The task force could also provide informed advice to
states and localities on interim policies that might be required for management of spent
batteries until desired source reduction goals have been achieved
t a u Materials Use Policies
The U.S. Congress or state legislatures could develop legislation requiring EPA or
state agencies to establish materials use policies. Such policies could have the following
goals
the phase-out of selected high toxicity materials because of their
costs to society and the difficulty in managing them;
the development and use of non-toxic materials as substitutes for
toxic,materials wherever possible;
__
the development and use of energy-efficient materials and processes;
the promotion of conservation through resource recovery; and
39
0
the incorporation of full life-cycle costs into the development phase
of new materials, particularly those of high toxicity.
A materials use policy could guide state and federal regulators in the development
of policies and laws that safely manage resources and protect the public welfare. All
proposed regulations could be subject to review for consistency with this national and
state policy.
Tax Tom'c Vir& Metals
Congress and state legislatures could enact excise taxes on highly toxic substances,
such as lead, cadmium and mercury. This would provide an incentive for manufacturers
to dewelop and use less toxic alternatives that would be less costly. A tax could
encourage expansion of present product development trends in the battery industry. This
idea is similar to the 1990 Congressional proposal, H.R 3737. The bill places an excise
tax bn most virgin materials as a way of promoting recycling and resource recovery.
*
Batten'es
Phase-out Mercurv and Cadmium in
The adoption of phase-outs of particularly toxic materials can be an effective
approach to source reduction. A scheduled phase-out could be developed for each metal
in specific battery types based on current and devebping technology for substitutes and
on precedents set in Europe and elsewhere. Deciding which materials and which
applications to reduce or ban under existing federal law could require a scientific review
and administrative proceedings, as is the case with existing rule-making under federal
laws, such as the Clean Air Act, the Toxic Substances Control Act, and the Resource
Conservation and Recovery Act. However, severai state legislators have begun proposing
phase-outs of mercury in batteries. Such state action may cause a more rapid phase-out
of mercury in batteries than federal regulatory action. However, a federal phase-out of
mercury and cadmium in batteries would provide for national uniformity and consistency.
Phase-Out Mercury in Alkaline and Carbon-Zinc Batteries
Legislation prohibiting the distriiution or sale of alkaline and carbon-zinc primary
cells containing mercury would be an effective source reduction measure. Such a
mandated reduction is technically feasible in the foreseeable future. Several U.S. battery
manufacturers have converted their production facilities to meet this standard. In
Emope and the U.S.,battery manufacturers are marketing zero-percent heavy duty
carbon-zinc batteries.
40
I
The cost of this phase-out to consumers should be investigated. However, in a
competitive consumer battery market where environmental "friendliness" can provide a
marketing edge, there could be some market advantage to low mercury and cadmium
batteries. According to industry consultants, the cost of a no-mercury alkaline would be
between 1.0 and 1.2 times the current type while the energy density would remain close
to existing performance (Barnett and Wolsky, 1989).
! !
The effectiveness of a phase-out would be increased if a number of states adopted
similar requirements as is currently proposed by states in the Northeast. A precedent
. for this type of action is the adoption by a number of Northeastern states of mandated
reductions in toxic metals in packaging (CONEG 1989) (CONEG 1990).
Phase-Out Mercury in Button Cells
The elimination of mercury in button cells could involve a two-step strategy. In
theofirst step, federal or state agencies could require a phase-out of all household button
cells containing more than 2 percent mercury, or a maximum of 25 milligrams per cell,
whichever is lower. This would result in zinc-air cells completely replacing mercury
button cells. Even in the absence of a phase-out, zinc-air cells are gaining market share
because of their longer life and similar cost per hour of operation. A phase-out would
hasten the elimination of mercuric-oxide batteries in solid waste. However, zinc-air cells
contain approximately two percent mercury.
As a second step in the phase-out, federal or state agencies could require further
substitution to a low mercury zinc-air button celL This step could mandate that the new
batteries achieve the 0.025 percent mercury level to be consistent with the alkaline
batteries. As part of the initial implementation of this policy, EPA could study or
encourage the battery manufacturers to study possible substitutes for mercury in zinc-air
cells or possible reductions in their level of mercury. Based on the results of these
studies, the states or EPA could mandate the development of appropriate substitutes.
Phase-Out Cadmium in Rechargeable Batteries
The phase-out of cadmium in certain rechargeable batteries could be an efficient
way to implement source reduction of the major source of cadmium in MSW . Such a
phase-out. could encourage manufacturers to speed the development of alternative
technologies. The nickel-nickel hydride battery is expected to be on the U.S.market
within two years at most. This battery, however, may not be suitable as a substitute for
all of the current uses of NiCads. The nickel-nickel battery does have greater energy
density than the current NiCad cell at a slightly higher cost. Another substitute may be
the rechargeable lithium battery, which is already in commercial use in some computer
products. Lithium batteries have approximately twice the energy density of the NiCad at
41
,
L
_.
\
two to three times the cost. However, a number of environmental officials are concerned
about the potential reactivity and explosiveness (when wet) of lithium and the impact of
lithium batteries on MSW disposal and recycling practices. State or federal agencies
should fully investigate the potential environmental effects of lithium batteries prior to
approving them as a substitute for NiCads.
Interim Policies
If the policies outlined above were adopted, mercury and cadmium-containing
batteries would remain on the market for the next several years. States should consider
adopting interim control measures. As descriid in Chapter 4, some states are proposing
such interim measures as requiring collection, transportation and management of waste
batteries separate from MSW. However, most of these state programs do not require
recycling of mercuric-oxide, silver-oxide, zinc-air ells and NiCad cells. Mandatory
recycling combined with safe &kction, storage and transportation measures would
p o t h i a l l y provide a greater degree of environmental protection than disposal in
hazardous waste facilities.
For ease of implementation, states could require manufacturers or retailers to
accept collected batteries for recycling. This type of provision is proposed under the
New Jersey and Maine bills Recycling of batteries from households could be
coordinated with the recycling of industrial, medical and military cells that contain
mercury and cadmium. To facilitate the recycling of built-in NiCad cells, the
manufacturers of cordless appliances could be required to design their products to allow
for their removal by the consumer as is currently required by Minnesota and Connecticut
and proposed by Maine, New Jersey, New York, Rhode Island, and Vermont.
Batteries collected for recycling should have labels that indicate the presence of
mercury or cadmium above specified levels. Voluntary action on labeling by the battery
manuhcturers could be encouraged or mandated by federal agencies, such as the
Consumer Products Safety Commission, and state agencies. Such labeling requirements
are currently proposed by Maine, New Jersey, Rhode Island, 'and Vermont. The
labeling would inform the user about the composition, sak use, and disposal practice
recommended for the particular type of battery.
States that establish recycling programs and pursue bans on metals in batteries
should coordinate these efforts so that the phase-out of the metals does not harm the
recycling efforts. Similarly, since state policy places source reduction as the top of the
waste management hierarchy, recycling programs should not create a reduced incentive
for firms to pursue non-toxic substitutes for batteries.
42
. .
1.1
. .
Bibliography
banv Times Union, "Environmental Group Urges Study of Battery Recycling", May 1,
1989.
Amold, Karen; Nancy Misra; and Randall Hukriede, "Household Batteries in Minnesota:
Interim Report of the Household Battery Recycling and Disposal Study", March 1990.
Arthur D. Little, Inc. (ADL), "Marketing Development and Strategies for Recyclable
Materials", Report Prepared for the New Jersey Department of Environmental
Protection, Division of Solid Waste Management, Office of Recycling, July 1990.
Balfour, Ray, Rayovac Corporation, Personal Communication, July 12,1990.
Bamett, Brain; and Sumner Wolsky, "Aspects of Alternative Battery Systems", In
Proceedinm of the First International Conference on Battery Waste Manaeemea
Deerfield Beach, FL, 1989.
Brunner, Paul H. and Herman Monch, 'The Flux of Metals Through Municipal Solid Waste
Incinerators", Waste Manapement and Research, 1986, pp. 105119.
Camegie Mellon University, "Household Batteries: Is There a Need for Change in
Regulation and Disposal Procedure?", Pittsburgh, PA, December 1989.
Chemical Contamination, Report by the Massachusetts Special Legislative Commission on
Water Supply, Boston, MA, 1979.
-
Clark, Peter S., "Lithium Batteries Health and Safety in the Manufacturing Environment",
In Proceedines of the First Intemational Conference on Batterv Waste Manapement,
Deerfield Beach, FL, 1989.
$3
.
Coburn, Randy, "Household Batteries, Management or Neglect?", A Staff Report
to the Chairman, Assemblyman Maurice D. Hinchey, New York State, 1988,
Legislative Commission on Solid Waste Management.
Coalition of Northeastem Governors (CONEG),Interim Report of the Source Reduction
Task Force, April 1989.
Coalition of Northeastern Governors (CONEG), Progress Report of the Source Reduction
Task Force, 1990.
43
Consumer ReDorts, "Dry Cell Batteries", November 1987.
Connecticut Public Act 89-385, An Act Conceminp Reduction of Packa@npMaterials and
DisDosable Products, HB 6641, 1989.
"CPSC Issues Warning on Button Batteries", April 5 , 1983.
Dabilis, Andy, "Dead Batteries Are Live Issues", Boston Globe, May 14, 1990, p. 17.
Danish National Agency for Environmental Protection, "Danish Proposal for a Deposit
System for Environmental Hazardous Batteries", Paper Prepared for International
Seminar on Deposit System on Heavy Metal Batteries, University of Lund, Sjobo,
Sweden, 1989,
Denison, Richard, Environmental Defense Fund Mimeo.
ENDS Report, 164, pp. 16-18, 1988.
Environmental Protection Agency (EPA), "Emission Guidelines: Municipal Waste
52209, December 1989k
Combustors", 54
Environmental Protection Agency (EPA), "Standards of Performance for New Stationary
Sources, Municipal Waste Combustors", 54
52251, December 1989B.
Environmental Protection Agency (EPA), Office of Solid Waste, "Characterization Products
Containing Lead and Cadmium in Municipal Solid Waste in the United States, 1970
to 2000", January 1989C.
Environmental Protection Agency (EPA), Office of Solid Waste, 'The Solid Waste Dilemma:
An Agenda for Action", EPN530-SW-89-019, September 1988.
Environmental Protection Agency (EPA), Office of Toxic Substances, "Use and Substitutes
Analysis for Lead and Cadmium Products in Municipal Solid Waste", February 1990.
Environmental Protection Agency (EPA), Office of Solid Waste, "Characterization of
Products Containing Mercury in Municipal Solid Waste in the United States, 1970 to
2000", Final Draft, January 1991.
Farmer, -Alan, "A Regulator's View of Battery Waste Management: A Discussion of EPA
Regulations and the Battery Industry", In Proceedinps of the First International
Deerfield, FL, 1989.
Conference on Batterv Waste Manwement,
Fleetwood, Charlotte, "Managing Mercury, Cadmium, and Lead in Spent Household
Batteries", Massachusetts Institute for Technology, Cambridge, MA, 1989.
44
Forker, Timothy, "Strategic Approaches to the Used Household Battery Problem: Report
on European Experiences and Their Implications-for Action in the United States",
November 1989.
Forker, Timothy, "Household Batteries: Recycling and Toxicity Reduction in Europe", June
1990.
-
Genest, Wolfgang, "Used Batteries in the Federal Republic of Germany Status and
Trends", Paper Presented at International Seminar on Deposit Systems for Batteries,
University of Lund, Sjobo, Sweden, March 1988.
Hirth, Carl, "Household Battery Collection Program of NH/VT Solid Waste Project", Paper
Presented at NHRRA Conference, Burlington, VT,June 1989.
Hershkowitz, Allen; and Eugene Salemi, Garbape Management in JaDan: Leadine the Wav,
Inform, I=, New York, NY,1987.
Hurd, D., Personal Communications with Rayovac Corporation, March 1990.
Holush, John, A, "Trying to Make Batteries Green", New York Times, June 3, 1989.
"Household Hazardous Waste: When a Little Means a Lot", Health and Environment D&&
1988.
Leveton, Richard, "The Reduction of Mercury in Batteries and Household Waste in
Europe", In proceedinm of the First International Conference on Battexv Waste
Management, Deerfield Beach, FL, November 1989.
Levy,Stephen, J., "European Battery Management Practices", February 1990.
Linden, David, ed,Handbook of Batteries and Fuel Cells, McGraw H
ill,New York, 1984.
$%/
-
-
Ljndhqvist, Thomas, 'The Deposit System Swedish Experiences Concerning Present and
Proposed Systems", Paper Presented at International Seminar on Deposit Systems on
Heavy Metal Batteries, University of Lund, Sjobo, Sweden, 1988.
Maine, State of, An Act to Establish a Household Batten Collection Program, Legislative
Document Number 1278, Introduced March 25, 1991.
Massachusetts Institute of Technology (MIT), "Household Hazardous Products and Waste
in New Hampshire; A Technical Summary in Support of the Development of a
Management Plan", June 1990.
45
'
'
F
*
May, Hohann, Untitled Paper Presented at International Seminar on Deposit Systems for
Batteries, University of Lund, Sjobo, Sweden, March 1988.
r;
I 1
Meijer, Pim, "Batteries in the Netherlands", Paper Presented at International Seminar on
Deposit Systems for Batteries, University of Lund, Sjobo, Sweden, March 1988.
R
Minichiello, John, Division of Public Health Services, Office of Waste Management, Letter
to Connie Leach,
Solid Waste .Project, December 23, 1986.
Minnesota, State of, Chapter 404,H.F. No. 1921,
Act Relatin? to Waste: Prohibitine the
. in
. An
. . Solid Waste: Rea- u w
t
of
Cert
ain
DIV
Ce
1
1
Battenes
M
ked
Municinal
Placemen
Labelinp of Certain Batteries bv Electrode Content: Fstablishine Maximum Content
bvels of Mercury in Batteries: Requiring that Batteries in Certain Consumez
Products be Fasilv Removable: etc, March 1990.
I
- ,
r -
$
.
8
r 7
t j
Montrone, Arthur, 'Trends in Battery Legislation and Regulation", In Proceedings of the
First International Conference on Batterv Waste Manapemeng Deerfield Beach, FL,
1989.
7
1
.
l
Natereo, Thomas, Massachusetts Department of Environmental Protection, Personal
Communication, August 3,1990.
National Electrical Manufacturers Association (NEMA), "Household Battery Disposal", 1989.
National ElectricalManufacturers Association (NEMA), "HouseholdBattery Disposal", 1990.
Act Concemine- the Management
of Used
New Jersey, State of, Senate Number 3157,
Dry Cell Batteries, Introduced February 4, 1991.
New York Department of Environmental Conservation, Mercury Refining Company, Inc,
New York, NY, 1979.
s <
- New York, State of, Senate Bill 4275, Assembly Bill 7029, An Act to Amend the
Environmental Conservation law. In Relation to Certain Batteries, Introduced on
March 26, 1991.
Nriagu, Jerome O., Cadmium in the Environment Part I: EcoloPical Cvcline;, John Wiley and
.
Sons, New York, NY, 1980.
Oehme, Frederick W., Toxicity of Heavy Metals in the Environment Part 2, Marcel Dekker,
Inc., New York, NY, 1979.
Office of Technology Assessment, Facing America's Trash: What Next for Municipal Solid
Waste? U.S. Government Printing Office 'OTA-0-452, 1989.
46
2
Resource Recovery/Boro Bronx 2000 (R2B2), Inc., "Feasibility Study for the Implementation
of Consumer Dry Cell Battery Recycling as an Alternative to Disposal, Interim
Report", March 8, 1991.
paDular Science, August 1990, p. 32
Rho& Island, State of, &I Act Relatine to the Manufacture. Dismsal. and Recv- cline of
rtain Dm Cell Batteries and Recharpeable Batteries, Proposed in the January
Session, 1991.
Rugg, Mack, "Reducing the Lead and Cadmium Content of Municipal Solid Waste
and Ash Residue", 1989.
Sarofim, Adel, Class Notes: Principles of Incineration, Tufts University, June, 2-28, 1990.
Shea, Cynthia Pollack, "Protecting the Ozone layer", In State of the World 1989, Lester
Brown, a d.,Worldwatch Institute, New York, 1989.
Steinwachs, Marie, "Status of Household Battery Collection Programs in the United States",
November 1989.
Tilsdale, Charles, "Legal Issues Associated with Battery Disposal", In Proceedings of the First
Jnternational Conference on Battew Waste Manapement, Deerfield Beach, FL, 1989.
Telzrow, Terry, N., "Battery Industry Initiative", June, 1990.
U.S. Congress. House, Bill to Amend the Solid Waste Disposal Act to Authorize
ApproDriations
for the Fiscal Years 1990 through 1993. and for Other Puvoses,
H.R 3735, 10lst Congress, 1st Session, 1989.
U.S. Congress. House,
Bill to Amend the Solid Waste DisDosal Act to Reauire the
Pecvclinp of Used Lead-Acid Batteries. and To Reauire a Studv bv the Administrator
hvironmental Protection Aeencv on the Disoosal of Household Drv-Cell Batteries,
H.R 2853, lOlst Congress, 1st Session, 1989.
US. Congress. House, A Bill to Amend the Internal Revenue Code of 1986 to ImDose an
Excise Tax on Certain Uses of Virgin Materials and to Establish a Trust fund for
Pecvcline Assistance and Solid Waste Manapement Planning, H.R. 3737, lOlst
Congress, 1st Session, 1989.
Vermont, State of, An Act Relatine to the Manufacture. Collection and Disposal of
Batteries, Introduced April 30, 1991.
47
I
"Wasting Away, Policies to Reduce Toxicity and Quantity", &vi ronment, Vol. 32, No. 2,
March 1990.
Winchester, Richard, Personal Communication, August 3, 1990.
Yakowitz, Dr. Harvey, "Report of the Expert Panel", In Ina'neration of Municipal Solid
Waste: Scientific and Technical Evaluation of State of the Art, February 1990.
1
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-I
.
- . . APPENDIX A:
..
I:!$.
CONNECTICUT STATE LEGISLATION
A!! A C T CONCERNING REDUCT105 OF
PACKAGING MATERUL &ID DISPOSABLE
PRODUCrS
SUMMARY: This act.
s”g
in 1993. rrsqums
lyw~plpm
publisbd tn Giulcatcax or published outofLuIcvltnr d u l y d a u o a of moit t)un4O.o00 I6n“ a t to use 1-ing
amounts of ncwqmnt ma& wth
rrrycicd pqm. It esubiisher a hcwrpnn! r r q c t m g task
farx.
Thc 1c1 burs the sale of pzuiucu wth nonmnovable
nrcktludrmum
md raqurrts muntcrpahucs to
rrcycie them.
It csubiisks A rold wrnc diqxxal fee of SI per ton
pyabk by mcturee rrcovcry facility or h f l i l l ownen.
The fcc must k dcpsitrd t~ rhc Mumnpd Solid Waste
R c q c h g TNSCFund.
The rcrrrquuts the DcpMment of Enwonmenul Proteaon CDEP) comssioner to adopt reguiauons that se!
Lund;uos for packaging and thrt esuolish a symbol 10 mdiuu wwnethcr a produc‘s prcuging is rrcyclable.
Tbc aa m u m s the comrmssioner to: ( 1) amend the
SU~C’L miid wasu manapemcnt plan to m l u d c sua~~gies
thu rtducr: the m u n t of wasu g c m r c d and (2) dcveiop
A waste m u m o n public eduutlon program. It atso req u l m h e Depuvnentaf AdmmsOuivc Smm CDASI
~ o ” u i o mm develop a plan to gradually eiimrnuc the
a a K ’ f use oi smgie-usc md &spouble produCJ.
The M J l a a t e s 51 rmllion from the Municipal Solrd
Was= Refycling Trust Fund to the DEP for puolic e d u a aon or:uastc rducnon ana r r s o v c d matcrtai mamet dcveiom”e. The DEP comssioncr may use the funds to
conmc. with the economic dcvcropmcnt commissioner
for sucn mme: deveioomcnt.
Beginnms January 1. 1990. the act q u i m mad
RORS mat oifcrplzstic bags IO customen to lis0 offer paper bags as an lltcmative wnere the customer pays for his
gcmas and to mform c’Jstomcs * t they have a chotce.
L.?=CTVE DATE Octok: 1.1989. CXLT
for the p m
vwon on the acwspnnt tasx fm.
which Uires effcb July
1. 19a9.
New”
Bepnnlng in 1993. h e m rqums ncwspapm p u b
l i s M and dssmbuted in Connecocrrt or published out4fmu wxh an avenge in-nu brly cncuiauon of morc
than 4o.ooO (D m a u s e the amount of ncwspnnt they use
made wlh ax least 60% postmsumer w s u rt~yciedpaper rcuxdrn3 to the followmg xhaiulc:
1993
1994
1995
1%
1997
19998 and
follocvmg
20% of ncwvspnnr used in 1992
30% of ncwspnnr u d in 1993
4
s of ncwspimt used m 15%
6OS oi newspnnt used in 1995
80% of newspnnt used in 1996
90% of ncwsynnt uscd In
p v 1 0 r u ycxr
Tbe act d l i s b a a aeorrprint rrryciing urk fmcz to
make ”mcndauons for ( 1) assin;v~ctto publishers in
c~mplyvlgmrh the q c l c d content rrquimmnu. (2) expansion of waste newspnnt muiceu. and (3) incentives for
rrrycled O e W S p M t p d u c c r s to p i l a s e neMpnnr f”
publishers. ’The m y force must review specific miormation on existing and potential markeu for .ccvcied newsprint tn &ng
i t s rccommenaauons. They m y m o m mend revising the a x ‘ s nxycld newspnnt
schedule. They must repm to the Genera( Auemoly by February 1. 1990.
The %K force IS composed of the c!”cn
and mxhng
memDcrS oi the Envuonment Comrm=. th+ DEP and
aonomic development commssioncrs. the CtUvmM and
n c t - c h m a n oi the Municipal Solid Wasre Rayciing
Advisaory Councd. or their aesignu: w o mueucpd or
regional e y c i i n g coordinators. one from a town wtth
more than 7O.ooO ~ p l appointed
e
by the Senate p s i dent pro tempore and one h m a town with fewer dlan
70.000 pcopie appomted by the Xortse speurer. a
rrprcscnrauve of the Connancut Daily Newsptpc- Assaiauon appointed by the House ma.onry kdcr. t
repn~~~tau
ofv ac wvetkly newspaper appointed by rhe
Senate majonry leader a r=?resccnuuvc oi a c 0 w s . 1 ~ ~
rcqdcd newspaper businas qpomced by the Housc
rmnonty luder. and a member of a COMCCXICU~
em”m e n d p u p appointed by the Senau
leader.
’Ihc Envlmnment Commnec chamnen a the cochaumen of the mic force.
-
Dirposal Fee
B c g m ” July 1.1990. the M q u m s owners of resowc recovery facifitics and m x c d mumcipal solid waste
landfills io pay the comxwsioner of revenue s e ” x 51
for u c h ton of solid wzsu p r a d at the facility or disposed of ax Lhc landfill. Any revenue coilected must be
deposit4 in h e .Munrcipd Soird Waste Rayclinn Trust
Fund.
Anyone. 1nc:uamg a muruc1oalicy. wno dc!iverz solid
wute 10 a faciiiry Or ianafill sub!=. 10 lhc.iee m u t m m b u m b e owner for ias pad on K ~ IWXa s e .
Fi
The owner must tubmt r e m and pay the assessment
quancny. If the asxssmcnt is not p a d on time. a p c a t Y
0.- IO% of the amount due or S O . wtucheva it greater.
will be added to the assessment. and mtcMt of 1 3 % a
month will k charged.
The commissionermust dismbute f o m for submmng
the return. Falure 10 receive the form docs not relieve anyone f” thew obligation to file a rerum and pay the fe+.
P a c h g m g Staidards
The act requrres the DEP c o m s s i o n c r 10 adopt reph o t s after October 1, 1991, consistent w ~ t hthe rotid
waste management pian. that s t q u i r r m c n u urd sunduds for: ( 1) rcducins the volume or werght of disposable
packapg and enhancing irs abiliv to k recycled. and (2)
increasing the sham of recycied matend ussd to make
packaging. The regulations must k consistent wrh the
packagmg guidelines of the Codiuon of Nonheastcrn
Govemon’ Source Rcductron Task Force or fedaai
ItgUhlOllS.
The regulations may q u i r e lakb chat indicate
whether the packaging maund is recyclable. rhe quanary
of recycled maunalin it. and whether it concans anv toxic
subswoa. The regululons may lis0 prohibit oc reduce
the use of s u b s u a m III pachuging maund that m y hum
the e n m n m e n e set “ m u m s u n d a d s forrtcycfed conlent; y1: guidelines for usmg refable. rruszble. and
ruyclablc packages; csublish sunbrds for the volume or
weighr of c k s a of packagmg; and KCsun&& to trimmut the toxic substances u1 pnntcd “dsor plamct
generally disposed of I I ~a - u r u s
fuoveiy facility.
The 1ct repcals a law thu allowed thr DEP commksionc: (0 rrqulre packages sold in Connanrcut to disphy I
symbol to ~ n c l ~ c whcur
t k y z11: ruyclrble or made of
~ c i e marenal
d
o m tbc ocher New England stam a p
prove unrfonn synbols. Instud. the act qums the com” m e r to adopt by reguiauon (1) symbols indicaung
whedm t package may k rrcycled or iu recycled “ail
~ ) n t c nand
t (2) pmcedurcs for rhe symbol’suse. The rrguIlooru must be consistent wrh companble symbols
adopetior proposed by the Northeast Recycling Council
cf tL.: Cc==:!:
3f S U Z Cii;eZlii*c93.D.e = g ! ! 3 ! l s e
ucemusrkgwcnlfrcrOcrokr1.1991.
Solid W a r e MoMgenum P h
The act rtquues the DEP comrmssioncr. by lanuay I ,
1990. 10 amend the sutcwide solid wasu rmrygemcnt
plan 10 include spxrfic suaupes O
I reduce the mount of
solid waste generasat m COaneEclcut. The suate@umust
inciudc cnusures toruiuce waste from packaging and dispoubie producrs. The planned rrdrraon must k ill u s t
the mount nocessaq LO mlLnlllll the wmnssioncr’s
1988 per capita soiid wasu generaaoa mu anmttts und
the year 2010.
Waste Reduction
The M q u i r e s the DEP comrmrsiona to develop a
public education p g n m on arlsu reduction. Thc progrun must inciude: ( 1) p ” o a n g packages and producrs
thu ut d i e . rrcyciabic. or made w1th portcws~mct
wasfc; and (2) dixoungmg pr~iag.pcs
thuan not zeqclrble or difficulf IOrayclc. mrde of w g i n “ai.
conma
excessive matend. or may a= advent cnwwmcna
cffazs vhcn &pored.
’ 1
ne
1ct dcfrncr a ‘disposlble product” as any vr#lun
~ r anhcsxnad pan thy canno( k rcpIaced. “led.
or
rrnewed and for which a reusable subsuartt cxuu. It dcflles “smgie-uscprodun” as any nonconsumable pmducr
(1) thaf IS eithn designed IO be thrown away -one
use
urthu1~usuallyusedonlyonce.and(2)forwhiciarruubic subt;iu~te a t s .
The ?et rtquu# thc DAS commissioner to dcwiop and
implement a plan fop the s q c d dirninanoo of the state’s
use of dispowble and smgle-tKe producrs otha thtn thore
direcrly related to h d c h urc. ve!a?naq+
care. or medical
or xienufic m u r c h . The plan must have UIunpiemenunon schedule and a Iist of a f f d producu. It must be
subrmned to the Environment C o m e by February 1.
1990.
The act advances by thrtt months. fnna January 1.
1991 to October 1,1990, the dace by whch sutc agencies
must p p a t plrn foreach of its faciliucs rsquvlng s p a m o n and collecuon of iums designated ruychble by the
DEP comssioncr. And IC q u r r c s thc plans to mclude
mwurcs IO n d u a the use of disposable d ungle-use
products. m rccordance wth the DAS mmrussioncr’s
plan.
NickdSadnuwn Banenrs
The act forbids the d e . rfrcrJuly 1.1993. of persord.
f a y . or howhold producu usmg nrd;elcldrmum bat(#res that cannot k u s d y removed by the csmsumu urd
- U ~ S specific w h g e I*hg
by the rrmt &te w m ing consumen that the tum IS. or umcans. a mckeluctnuum banny and must k bsposed of properly.
It allows rhe DEP cornrn~uiooctto g ~ cxempuons
t
fmxn d# ban for rwo y u n Ifthe product was available for
d e kforr October 1, 1989 and the comrzlluionerdefer“ e s it tfpwtkrrdetigncd and mrnufaamdby J d y 1.
1993. She can g ~ uxiefurtu
t
excmpoons rf design
would result UI signrfrant public health problem or subnrnudjob losses IDConnca~cut.
Frruly, it rtquues mumcipzlruu afur July 1.’I993 to
rsycle these baucnu mthm thrct months of I local or
rrgonll p r m s u r g r u y c h g systtm koomrng available.
.
?
_.
..
I
APPENDIX B: PROPOSED MAINE STATE LEGISLATION
115th MAINE LEGISLATURE
FIRST REGULAR SESSION-1991
-~
HP.887
House of Rqrcscxxtati&, March 25.1991
Reference to &e Committee on Business Legislation suggested and ordered printed.
EDWTN H.PERT,Clerk
Presented by Rcpnsenrarive TREAT of Gardiner.
Cosponsored by Representative COLES of Harpswell and Representative HOGLUND of
Portland.
STATEOFMAINE
IN THE YEAR OF OUR LORD
HUNDRED AND " E T Y - O N E
I
. .
2
4
6
8
10
12
14
16
18
of
20
tsfand
a.
-et
C bv the board by r&
rv
22
values
or
ust
be
wd
unless
24
26
28
30
32
34
36
38
40
42
44
46
9r
4a
50
52
Local h o m o l d batterv
e r a t e d bv PQY o e m
. .
a a v o r re-1
a s s w o n at w h i c h
mav
r e t u r n household b-s
to
serve lo&
distributors. b a m r v manufacturers o r b a t t u
These centers a r e subject t o yb-the
-tv.
..
rs
Page 2-LR1153(1)
L. D. 1278
.
14
09.
7
30
32
B.
34
46
Is
used
for m e d i c a l
bo&
p
u
x
g
? is
d t s d
S ~ C3.
. 38 MRSA $2139, sub-53 i s enacted to read:
Page 3-LR1153 (1.)
L.D. 1278
to
he
2
Scc.4. E&&Vtdak
Except as otherwise indfcated, this A c t
takes e f f e c t 90 days a f t e r adjournment of the F i r s t R e g u l a r
Session of the 115th Legislature.
4
6
STATEMENT OF FACT
8
This b i l l e s t a b l i s h e s a household b a t t e r y c o l l e c t i o n program
through i n s t i t u t i n g a deposit sp8tem on b a t t e r i e s . A 100 deposit
is required on a l l household b a t t e r i e s s o l d ia this State a f t i r
February 1, 1993.
The d e p o s i t s aro initiated by t h e b a t t e r y
manufacturer o r importer. Retailers, d i s t r i b u t o r s and redemption
centers a r e paid a handling f e e by manufacturers o r importers f o r
their b a t t e r y c o l l e c t i o n e f f o r t s .
10
12
14
16
18
20
22
After August 1, 1993,
the incineration of household
b a t t o t i e 8 5s prohibited.
Mercury and cadmiurn, conmoo components
of household batteries, are t o x i c components of incinerator ash
and i n c i n e r a t o r srafrsiom. This approach i s designed t o reduce
that hatatd.
The sale of products w i t h household b a t t e r i e s that can n o t
replaced is prohibited a f t e r February 1, 1994.
A waiver
system i s provided f o r c e r t a i n medical products and products that
can not be redesigned t o comply with this provision.
be
.
24
26
Page 4-L81153(1)
L. D. 1278
!
. .
: I
ii
APPENDIX C: MINNESOTA STATE LEGISLATION
CHAPTER No. 409
H.F. No. 1921
A
2'
3
4
5
6
7
0
9
io
1:.
12
13
relating to waste: prohibiting :he placement of
certain dry ceif batteries in mixed aunicipal solid
vaste: requiring iabcling of cercaln batteries by
electrode content: cstaolishing maximum content l e v e l s
of mercury in batteries: requiring that batteries in
certain consumer products be easily removable:
providing penalties; proposing coding for .?ew law i.?
Minnesota Statutes, chapters X 5 A and 325E.
BE IT ENACTED
ax
Section 1.
TSE LEGISLATURE OF TXE STATE OF MINNESOTA:
[llSA.9155] [DISPOSAL OF CfRTAIN DRY CELL
BATTERXES. 1
Subdivision 1.
(PROEI3ITION.J A person mav not glace i.?
14
mixed municirul solid vaste a drv c e l l battery contaifiinq
15
mercuric oxide electtode. silver oxide electrode,
16
nickel-cadmium. or sealed lead-acid that was ourchased for use
17 or used bv a w v e r r a e n t aqency, or an industrial,
18
19
20
comunications, or medical facility.
S U M . 2.
[HANUFA-
RESPONSIBILITY.] la) A manufacturer
of batteries subject to subdivision 1 shall:
21
J l l ensure that a svstem for :he prouer collection,
22
transwrtation, and Drocessinq of vaste batteries exists for
23
purchasers in Minnesota: and
24
j 2 ) clearly infora each purchaser of the prohibition on
2s
dlsposal of waste batteries and O E the svatem or Systems for
26
proper collection, transwrzation, and urecessfnq of waste
27
batteriei available to the Durc.".aser.
L
CHAPTER No. 409
H.F.No. 1921
1
( b ) To ensure that a system for the proper collection,
2
transportation, and processing of waste batteries exists, a
3
manufacturer shall:
4
1 1 ) identify collectors, transmrters, and processors for
5
the waste batteries and contract or otherwise expressly agree
6
with a person oc persons for the proper collection,
7
transportation, and processinq of the waste batteries: or
8
9
i0
( 2 ) accept waste batteries returned to its manufacturing
facility.
manuEa;tzrcr
jc)
~ h c l Cl ~ S C T~.*.zc,
~
tfis cost of 2roPO-r
11
collection, transportation, and processinq of the waste
12
batteries is included in the sales transaction or aareement
13
between the manufacturer and anv purchaser.
14
Id)
A
manufacturer that has comolied with this subdivrsicn
1s
is not liable under subdivision 1 €or imoroper disposal bv a
16
person other than the manufacturer of uaste batteries.
17
18
19
Sec. 2.
(325E.1251 [GENERAL AND SPECIAL PURPOSE BATTERY
REQUIREMENTS. 1
Subdivision 1.
[IDENTIFICATION.] The manufacturer of a
20
button cell battery that is to be sold in this state shall
21
ensure that each battery as clearly identifiable as to the tyoe
22
of electrode used in the battery.
23
Subd. 2.
[MERCURY CONTENT.] la) A manufacturer may not
24
sell, distribute, or offer for sale in this state an alkaline
25
manqancse battery that contains more than .3u percenc mercury
26
weiqht, or after February 1, 1992, 0.025 percent mercury by
27
weiqht
28
DV
.
I b ) On application by a manufacturer, the commissioner of
29
the pollution control agency may exempt a specific type'of
30
battery from the requirements of paraqraph (a) if there is no
31
battery mcetinq the requirements that can be reasonably
32
substituted for the battery for which the exemption is souqht.
33
The manufacturer of a battery exempted by the commissloner under
34
this paraqraph is subject to the requirements of Section 1.
35
subdivision 2.
36
J c ) Notwithstandinq paraqraph (a), a manufacturer may not
2
Q
I
."
CHAPTER No. 409
H.F.No. 1921
1
sell, distribute, or offer for sale in this state after January
2
1, 1992, a button cell alkaline manaanese battery that contains
3
more than 25 milliqrams of mercury.
4
Subd. 3.
(RECEARGEABLE TOOLS AND APPLIANCES.]
(a) A
5
manutacturer may not sell, distribute, or offer for sale in this
6
state a rechargeable consumer product unless:
7
j l ) the battery can be easily removed by the consumer or is
8
contained in a battery pack that is separate from the oroduct
9
and can be easily removed: and
10
1 2 ) the product and the battery are both labeled in a
11
manner that is clearly visible to the consumer indicating that
12
the battery must be recycled or disposed of properly and the
13
battery must be clearly identifiable as to the type of electrode
14
used in the battery.
15
( b ) "Rechargeable consumer product" a s used
in
this
16
subdivision means any product that contains a rechargeable
17
battery and is primarily used or purchased to be used for
18
personal, family, or household purposes.
19
( c ) On aoplication by a manufacturer, the commissioner of
20
the pollution control aqency may exempt a rechargeable consumer
21
product from the requirements of paragraph ( a ) if:
22
jl) the product cannot be reasonably redesiqned and
23
manufactured to comply with the requirements prior to the
24
effective date of this section:
."
25
1 2 ) the redesign of the product to comnly with the
26
requirements would result in significant danger to public health
27
and safety: or
28
j 3 ) the type of electrode used in the battery poses no
29
unreasonable hazards when placed in and processed or disposed of
30
as part of mixed municipal solid waste.
31
J d ) An exemption qranted by the commissioner of the
32
pollution control aqency under paragraph (c), clause (11, must
33
be limited to a maximum of two years and may be renewed.
[325E.12511 [PENALTY.]
34
Sec. 3.
35
Violation of sections 1 and 2 is a misdemeanor.
36
A
manufacturer who violates section 1 or 2 is also subject to a
3
.
H.F. No. 1921
' 1 minimum fine of SlOO per violation.
2
Sec. 4.
3
Section 1 is effective Auaust 1, 1990.
4
Section 2, subdivisions 1 and 2, are effective January 1,
S
6
[APPLICATION; EFFECTIVE DATES.]
1991, and apply to batteries manufactured on or after that date,
Section 2, subdivision 3, is effective J u l y I, 1993, and
9
applies to rechargeable consumer products manufactured on or
8
after that date.
9
5.:
I7
Notwithstandinq section 2, a retailer may sell alkaline
10
manqanese batteries from the retailer's stock existinq on the
11
effective dates for the two levels of mercury in section 2,
12
subdivision 2, and recharqeable consumer products from the
13
retailer's stock existinq on the effective date of section 2,
14
subdivision 3.
4
_ -
02/04/91apm
001632
..
.:A
..:.
Document.ID
834
EA-0045
SR-0091
TR-0013
APPENDIX D: PROPOSED NEW JERSEY STATE LEGISLATION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE, No, 3157
STATE OF NEW JERSEY
By Senator Contillo
AN ACT concerning the management of used dry cell batteries,
and amending and supplementing P.L.1987, c.102.
..
.\:.c:
BE IT ENACTED by the Senate ond General Assembly of the
State of New Jersey:
1. (New section) Sections 1 through 23 of t h s act shall be
known and may be cited as the "Dry Cell Battery Management
Act."
2. (New section) The Legislature finds and declares that the
presence of toxic metals in certain discarded dry cell batteries is
a matter of great concem in light of their likely presence in
emissions or residual ash when used batteries are incinerated at a
resource recovery facility; that cadmium. lead and mercury. on
the basis of available 5cientific and medical evidence, are of
particular concern; that i t is desirable as a first step in reducing
the toxicity of waste materials in the solid waste streams
hrected to resource recovery facilities. to eliminate the various
sources of.these toxic metals: and that the removal of used dry
cell batteries containing high levels of cadmium, lead or mercury
from the solid waste stream cqn have a significant beneficial
impact on the quality of the emissions and residual ash resulting
from the incineration of solid waste at resource recovery
facilities. and on groundwater quality in those regions o f the
State where solid waste is disposed at sanitar$ landfill facilities.
The Legislature further finds and declares t h a t a statewide
toxic waste source reduction strategy must begin with
fundamental changes in manufacturing practices and consumer
disposal habits; that the manufacturers of products containing
hgh levels of cadmium. lead and mercury that are dmarded
after serving their intended use must assume financial
responsibility for their environmentally-sound disposal: and that
in particular. the dry cell battery industn must begin to bear a
more equitable snare o f the environmental and social costs
associated with. manufacturing batteries which place a burden on
the S t a t e ' s severely limited disposal options.
2
The Legislature further finds and declares that mercuric oxide
batteries, nickel-cadmium and sealed lead rechargeable batteries
are especially problematical and require separate management:
that the most effective and appropriate method to promote toxic
metal source reduction is to require manufacturers of all dry cell
batteries to reduce the mercury concentration in their products
to environmentally acceptable levels and to require
manufacturers to accept the financial responsibility for the
environmentally-sound collection. transportation, recycling or
proper disposal of used dry cell batteries: and that
environmentally-sound methods of managing used dry cell
batteries include county r e c y c h g or household hazardous waste
collection programs.
The Legislature therefore determines that it is in the public
interest to remove all used mercuric oxide batteries, and all used
nickel-cadmium or sealed lead rechargeable batteries from the
solid waste stream, and to require the manufacturers of these dry
cell batteries to assume the costs of, and accept the
responsibility for. their environmentally-sound collection.
transportation, recycling or proper disposal: that all battery
manufacturers shall be required to reduce the mercury
concentration in their products to environmentally acceptable
levels: that the manufacturers of consumer appliances containing
nickel-cadmium or sealed lead rechargeable batteries shall be
required to redesign their products so that these batteries are
readily removable from the product; that retailers may be
required to accept used rechargeable batteries from consumers if
a manufacturer's battery management plan includes retail
collection as an appropriate method to facilitate the
environmentally-sound recycling or proper disposal of these tqpes
of used dry cell batteries: by authorizing counties to include the
collection of used dry cell batteries within district recycling
plans: and by requiring that counties include the collection of
used dry cell batteries within existing district household
hazardous waste coilection programs.
3 . (New section) A s used in sections 1 through 23 of this act:
"Commissioner" means the Commissioner of the Department
of Environmental Protection:
"Consumer mercuric oxide battery" means any button or coin
shaped mercuric -oxide battery which is purchased at retail by a
consumer for personal o r household use;
"Department" means the Department. of Environmental
Protection;
"Distributor" means a person who sells dry cell batteries at
wholesale to retailers in this State. including any manufacturer
who engages in these sales:
q
P,
!
. :
.
.,
I
3
"Dry cell battery" means any type of button, coin, cylindrical,
rectangular or other shaped, enclosed device or sealed container
consisting of a combination of two or more voltaic or galvanic
cells. eledtrically connected to produce electric energy,
composed of lead. lithium. manganese. mercury, mercuric oxide,
silver oxide, cadmium, zinc. copper or other metals, or any
combination thereof, and designed for commercial, industrial,
medical, institutional or household use, including any alkaline
manganese. lithium. mercuric oxide, silver oxide, zinc-air or
zinc-carbon b a t t e q . nickel-cadmium rechargeable battery or
sealed lead rechargeable battery;
"Institutional generator" means the owner or operator of any
public or private. commercial or industrial establishment or
facility, including any establishment owned or operated by, or on
behalf of, a governmental agency, health care facility or hospital,
research laboratory or facility, who routinely uses large
quantities of mercuric oxide batteries or nickel-cadmium or
sealed lead rechargeable batteries: or the owner or operator of
any public or private facility identified by the department that
generates a t least 220 pounds of these types of used dry cell
batteries per month. or the owner or operator of any public or
private facility that accumulates 220 pounds of these types of
used dry cell batteries at any time;
"Lithium b a t t e q " means any button. coin, cylindrical,
rectangular or other shaped dry cell battery consisting of lithium
and other chemicals commonly used in pocket calculators. wrist
watches and other electrical appliances;
"Manufacturer" means a person producing dry cell batteries for
sale to institutional generators, distributors, retailers, small
quantity generators or consumers;
"Mercuric oxide bat tery" means any but ton. coin. cylindrical.
rectangular or other shaped dry cell battery consisting of zinc.
potassium and mercury oxide which is designed or sold for
commercial. industrial. medical or institutional use:
"Nickel-cadmium rechargeable battery" means any but ton,
coin, cylmdrical. rectangular or other shaped dry cell battery
composed of cadmium and nickel which is designed for reuse and
is capable of being recharged after repeated uses, and which has
a useful life of at least 12 months;
"Rechargeable
battery"
means
any
nickel-cadmium
rechargeable battery o r sealed lead rechargeable battery:
"Rechargeable consumer product" means any product,
includmg, but not !imited to. a cordless electrical tool or
appliance. containing a nickel-cadmium rechargeable battery or a
sealed lead rechargeable battery, whch is purchased at retail and
commonly used for personal or household purposes;
'
"Retader" means a person engaged in the sale of rechargeable
batteries to any consumer a t retail and includes any
manufacturer or distributor engaging in retail sales;
"Sealed lead rechargeable battery ' means any button, coin.
cylindrical, rectangular or other shaped dry cell battery
composed of lead and other chemicals whch is designed for reuse
and is capable of being recharged after repeated uses, and which
has a useful life of a t least 12 months;
"Silver oxide battery means any button, coin, cylindrical,
rectangular or other shaped dry cell battery consisting of silver
oxide, potassium hydroxide or sodium hydroxide and zmc. and
mercury commonly used in wrist watches and other electrical
appliances;
"Solid waste container" means a receptacle, container or bag
suitable for the depositing of solid waste;
"Solid waste faciiities * mean and include the plants, structures
and other real and personal property acquired, constructed or
operated or to be acquired. constructed or operated by any person
pursuant to the proLisions of P.L.1970 c.39 (C.13:lE-1 et seq.),
P.L.1970. c.40 (C.48:13A-l et seq.) or any other act, including
transfer stations. incinerators. resource recovery facilities,
samtary landfill facilities or other plants for the disposal of solid
waste, and all vehicles. equpment and other real and personal
property and rights therem and appurtenances necessary or useful
and converuent for the collection or disposal of solid waste m a
sanitary manner:
"Small quantity generator' means the o m e r or operator of any
public or private. commercial or industrial establishment or
facility. including any establishment owned or operated by, or on
behalf of. a governmental agency, health care facility or hospital.
research laboratoq or facility. who routinely uses small
quantities of mercuric oxide batteries or nickel-cadmium o r
sealed lead rechargeable batteries. or the ot\ner or operator of
any public or pritate facility identified by the department that
generates less than 120 pounds of these types of used d v cell
batteries per month. or the owner or operator of any public or
private facility that accumulates over 10 pounds but less than 220
pounds of these tq-pes of used dry cell batteries at any time:
"Zmc-air b a t t e n
means any button. com, cylindrical.
rectangular or o t h e r shaped d q cell battery consisting of zinc,
potassium hydrowde and commonly used In hearing aids,
photagraphic equipment and electrical appliances.
4. (New section) a. Yo person shall sell. offer for sale, or o f f e r
for promotional purposes in this State any alkaline manganese
battery which exceeds the following mercury concentration levels:
'I
,
. <
,., .-
::
.
.1
a
I . '
5
(1)For alkaline manganese batteries, other than button or coin
.:.:
('r
Aaped batteries, not more than 250 parts per million by weight
(0.025%) for all batteries manufactured on or after January 1,
1992; and
(2) For button or coin shaped alkaline manganese batteries, not
more than 25 milligrams of mercury per battery for aJl batteries
manufacturedon or after January 1, 1992.
b. No person shall sell. offer for sale, or offer for promotional
purposes in this State any zinc-carbon battery which exceeds a
mercury concentration level of 1-part per million by weight
(0.0001%) for all batteries manufactured on or after January 1,
1992.
c.. Any manufacturer may, in accordance with rules or
regulations adopted by the department pursuant to the
"Administrative Procedure Act." P.L.1968, c.410 (C.52:14B-1 et
seq.), apply for a temporary exemption from the mercury
concentration level requirements of subsection b. of this section.
(1) Any manufacturer seeking a temporary exemption shall
submit an application. in writing, to the department for its
review and approval. The application shall include the following
mformation:
(a) A statement setting. forth the specific basis upon which the
exemption is sought;
(b) The full name. business address, telephone number and
signature of the person seeking the exemption: and
(c) The full name. business address and telephone number of the
authorized local representative of the person seeiung the
exemption.
(2) The information required pursuant to ths subsection shall
be furnished to the department for each specified zinc-carbon
battery for which an exemption is sought.
(3) The department shall approve or deny a temporary
exemption upon receipt of an application therefor. Any
temporary ,exemption approved by the department shall expire on
July 1, 1993. and, shall be based on evidence furnished to the
department that there is no zinc-carbon battery meeting the
mercury concentration level requirements of subsection b. of this
section that may be reasonably substituted for the zinc-carbon
battery for which the exemption is sought.
d. The department may, in accordance with a fee schedule
adopted as a rule or regulation pursuant to the provisions of the
"Administrative Procedure Act." estabLish and charge reasonable
fees for any of the sen-ices to be performed or rendered in
connection with this section. and for the costs of compliance
monitoring and administration. The f e e schedule shall reasonably
reflect the duration or complexity of the specific service
nbrCnrmed
np
poocIa)..a~ ; - c - - * + ; ~ -
-.-...;nr.,n~
;ornortion
5. (New section) No person shall sell, offer for sale, or offer for
promotional purposes in this State any c o m e r mercuric oxide
battery which exceeds a mercury concentration level of more
than 250 parts per million by weight (0.025%) for all batteries
manufactured on or after January 1, 1992.
711 14 3
6 . (New section) a. On or after I f u a r y 1, 1992.g person s
h
h
sell, offer for sale, or offer for p h G ’ G o n ~purposes in this State
any rechargeable consumer product unless:
(1) the rechargeable battery is readily removable from the
product; or the rechargeable battery 1s contained in a battery
pack whch is separate from the product and the battery pack is
readily removable from the product;
(2) the rechargeable consumer product, the package containing
the product, or the rechargeable battery are labeled pursuant to
the provisions of subsection b. of this section; and
(3) the instruction manual for the rechargeable consumer
product includes information explaining methods to assure the
proper disposal of used nickel-cadmium or sealed lead
rechargeable bat tenes. as appropriate.
b. Every rechargeable consumer product, the package
contamng the product, or the rechargeable battery contamed
therein shall be labeled in a manner which is visible to consumers
prior to purchase i n f o m m 3 consumers that used rechargeable
batteries may not enter the solid waste stream, and that these
types of used dry cell batteries shall be collected. recycled or
disposed o f in an environmentally sound manner. The label shall
contain one o f the followmg statements. as appropriate. printed
m capital letters:
MML‘ST BE
“CONTAISS NICKEL-CADMIL‘M BATTERY
DISPOSED OF PROPERLY ’ ; or
‘SICKEL-CADMICM BATTERY. MCST BE DISPOSED OF
PROPERLY. ’
‘CONT.4ISS SEALED LEAD B.ATTERk’. MUST BE DISPOSED
OF PROPERLY : o r
“SEALED LEAD BATTERY. MCST BE DISPOSED OF
PROPERLY.
c. hny person ma). m accordance with rules or regulations
adopted by the department pursuant to the ‘Admrnistrative
Procedure A c t . ” apply for a temporary exemption from the
requirements o f paragraph (1) of subsection a. of t h s section for
any rechargeable consumer product which was sold in ths State
pnor to the effecti\e date of this act.
(1) . b y person seeking a temporary exemption shall submit an
apphcation. m writing, to the department for its retiew and
approval. The application snail include the following infomation
(a) Documented e\ idence that the rechargeable consumer
product for whch the ekemption is sought was sold m tfus State
pnor to the effectlxe date of this act;
(b) A statement se:tmg forth the specific basis upon whch the
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(c) The full name, businws address, telephone number and
signature of the person seeking the exemption; and
(d) The full name, business address and telephone number of the
authorized local representative of the person seekmg the
exemption.
(2) The information required pursuant to t h s subsection shall
be furnished to the department for each specified rechargeable
consumer product for which an exemption is sought.
(3) The department shall approve or deny a temporary
exemption upon receipt of an apphcation therefor. Any
temporary exemption approved by the department shall expire on
July 1, 1993, and shall be based on evidence furnished to the
department that :
(a) The redesign of the rechargeable consumer product to
comply with the requirements of paragraph (I) of subsection a. of
t h s section would result in significant danger to public health and
safety; or
(b) The rechargeable consumer product cannot reasonably be
redesigned and manufactured to comply w t h the requirements of
paragraph (1) of subsection a. of this section pnor to January 1.
1992.
(4) The temporar), exemptions provided m this subsection may
be renewed by the department after July 1. 1993 for periods not
to exceed 12 months. except that any renewal granted by the
department shall be based on evidence furnished to the
department that there IS no feasible or practical altematice or
substitute for the specified rechargeable consumer product.
d. The department may, in accordance with a fee schedule
adopted as a rule or regulation pursuant to the provisions o f the
'Admirustratwe Procedure Act, estabhsh and charge reasonable
fees for any of the services to be performed or rendered in
connection with this section, and for the costs of compliance
monitoring and administration. The fee schedule shall reasonably
reflect the duration or complevlty of the specific s e n i c e
performed or rendered. information ret ieived. or mspec tion
conducted.
7. (Sew section) a On or a f t e r April 1. 1993. no person shall
sell. offer for sale. or offer for promotional purposes in thls State
any mercuric oxide bat t e q . or a n y nickel-cadmium or sealed lead
rechargeable bat t e n , unless the manufacturer thereof has
obtamed the prior \\ritten approtaai of the department of a plan
for the collection. t rms?ortat:on. recycling o r proper hsposal of
that used dry cell b a t t e n pursuant to the provisions of sectlon 8
of t h s act.
Any two or more manufacturers may submit a joint pian to the
department for an! specified mercuric o u d e battery of
rechargeable battery that they manufacture.
@Every manufacturer shall be liable, a t his own expense, for
the environmentally sound collection, transportation. recycling or
proper -sal
of every used mercuric oxide battery, or used
nickel-cadmium or sealed lead rechargeable battery, as the case
may be, produced by him and sold or offered for promotional
purposes in this State.
c. Manufacturers may establish or utilize a trade association or
a consortium comprised of members of the dry cell battery
mdustry, as appropriate. in order to facilitate compliance with
the requirements of this act.
@ (New section) a. (1) No later than January 1, 1992. every
manufacturer of mercunc oxide batteries, nickel-cadmium
rechargeable batteries or sealed lead rechargeable batteries sold
or offered for promotional purposes in this State shall prepare
and submit a battery management plan, in writing, to the
department
for
the
environmentally sound collection,
transportation. recycling or proper disposal of each specified used
dry cell battery produced by that manufacturer.
(2) Prior to submission to the department of a battery
management plan. e\ ery manufacturer of mckel-cadmium or
sealed lead rechargeable batteries shall consult with distributors
and retailers of the rechargeable batteries produced by that
manufacturer.
b. Each b a t t e n management plan submitted by a manufacturer
shall mclude. as appropriate. but need not be hmited to:
(1) Designation o f the collector. transporter. processor o r
collection system to be utilized by the manufacturer. o r by the
county or municipalit>, mstitutional generator. retailer o r small
quantity generator on behalf of the manufacturer. for the
collection. transportation. recycling o r proper disposal of used
mercuric o u d e batteries o r used rechargeable batteries tn each
county. including. as appropriate, evidence of contracts or
agreements entered into therefor:
(2) Designation o f the funding source or mechanism to be
utilized by the manufacturer to defray the costs of implementing
the battery management pian.
(3) A strategy for informing consumers. on any store display
promoting the sale o r use of the rechargeable batteries he
manufactures, that these tq-pes of used dry cell batteries may not
enter the sohd avaste stream. and that a convenient mechanism
for the collection. transportation. reclcling o r proper disposal of
used rechargeable batteries IS avai!able to the consumer.
(4) A statewide conscmer education program to assure the
wdespread disserntna tion of information concerning the
environmental impact of the improper disposal of used mercuric
o u d e batteries or rechargeable batteries. and to Inform
consumers that manufacturers of these tq-pes of dry cell batteries
are hable for their enLironmentally sound dsposal: and
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(5) A strategy for establishing and implementing, as the
department deems necessary, an industry-wide uniform coding
system for the identification and labeling of all mercuric oxide
batteries or rechargeable batteries by brand name, electrode
type, product type or shape; except that the commissioner may
grant a waiver from this requirement based on evidence furrzlshed
to the department that it is not technologically feasible to label a
specified dry cell battery.
The commissioner shall maintain on file in the department for
public inspection copies of any uniform codmg system
implemented pursuant to this paragraph. The department shall
provide a copy to any person upon request.
c. Any manufacturer seeking approval of a battery
management plan for the environmentally sound collection,
transportation, recycling or proper disposal of any specified used
mercuric oxide battery, used nickel-cadmium or sealed lead
rechargeable battery that he manufactures shall submit the plan
to the department for its review and approval.
(I) The department shall promptly review all plans submitted
pursuant to this subsection. The department shall, w t h m 15 days
of receipt of a plan. request that the manufacturer submit
addition& information to assist in its review if it deems that such
information IS necessav. If no such request is made. the plan
shall be construed to be completed. In the event that addtional
mformation is requested. the plan shall be construed to be
completed when the additional information is received by the
department.
(3)The department shall approve or deny a plan within 30 days
of receipt of a completed pian. In the event that the department
fals to take action on a plan w i t h the 30-day period specified
herein, then the plan shall be deemed to have been approved.
(3) The department may review any battery management plan
submitted by a manufacturer and approved pursuant to ths
subsection once e v e n 2 4 months followmg its initial approval. If
the department finds. m writing, that the plan is no longer a
convement or economically feasible method for the collection,
transportation, recycling o r proper disposal of these tqpes of used
dry cell batteries. the department may require the manufacturer
to submit a new or revised plan for its review and approval;
except that any previously appmved plan shall remam m effect
until such time as a new o r revised plan is approved by the
department
d. No later than July 1. 1992 and at least once etery 6 months
thereafter. e v e q manufacturer of mercuric o u d e batteries o r
rechargeable batteries shall submit a written report to the
department on used d n cell battery return or recoveq rates m
accordance w t h rules and regulations adopted by the department
therefor.
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e. Manufacturers may establish an advisory council comprised
of members of the dry cell battery industry, institutional
generators, retailers, small quantity generators and county
representatives in order
to facilitate the collection,
transportation, recycling or proper disposal of used mercuric
oxide batteries or used rechargeable batteries in this State.
9. (New section) a. No later than January 1, 1992, every
manufacturer of dry cell batteries sold or offered for promotional
purposes in this State shall prepare and submit to the department,
in writing, a dry cell battery collection plan to expand or increase
-the statewide collection. recycling or proper disposal of all used
dry cell batteries produced by that manufacturer.
b. Each dry cell battery collection plan submitted by a
manufacturer shall include, but need not be limited to:
(1) A strategy for expanding and increasing the collection,
recycling or proper disposal of a l l used dry cell batteries in each
county, includmg. but not limited to, those alkaline manganese,
consumer mercuric owde or zinc-carbon bat tenes manufactured
prior to January 1, 1992; and
(2) A strategy for establishing and implementing, as the
department deems necessary, an mdustry-wide uniform codmg
system for the identification and labeling of all dry cell batteries
by brand name. electrode type, product type or shape; except
that the commissioner may grant a waiver from this requirement
based on evidence fumished to the department that it is not
technologically feasible to label a specified d n cell battery.
The commissioner shall maintain on file in the department for
public inspection copies of any uniform coding system
implemented pursuant to this paragraph. The department shall
provide a copy to any person upon request.
c. ?io later than July 1. 1992 and at least once every 6 months
thereafter, every manufacturer of dry cell batteries shall submit
a written report to the department on used dry cell battery
return or recovery rates in accordance with rules and regulations
adopted by the department therefor.
10. (New section) a. On or after April 1, 1992. no person shall
knowingly dispose of used mercuric oxide batteries as solid waste
at any time.
b. Any person seebing to dispose of used mercuric oxide
batteries may:
(1) transport these [>-pes of used dry cell batteries to a
household hazardous L\ aste collection site established pursuant to
a county household hazardous waste collection program;
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(2) place these types of used dry cell batteries for collection in
the manner provided by the municipal recycling ordinance in
instances where the adopted district recycling plan as approved
by the department pursuant to section 3 of P.L.1987, c.102
(C.13:1E-99.13) requires the collection and disposition of used dry
cell batteries as a designated source separated recyclable
material; or
(3) collect, transport. recycle or dispose of these types of used
dry cell batteries as otherwise provided by the battery
management plan required pursuant to section 8 of this act.
11. (New section) a. On or a f t e r April 1, 1992, no person shall
knowingly dispose of used nickel-cadmium rechargeable batteries
or used sealed lead rechargeable batteries as solid waste a t any
time.
b. Any person seeking to dispose of used nickel-cadmium or
sealed lead rechargeable batteries derived from household use
may:
(1) return these tl-pes of used dry cell batteries to a retailer
unless otherwise provided by the battery management plan
required pursuant to section 8 of this act;
(2) transport these types of used dry cell batteries to a
household hazardous uaste collection srte established pursuant to
a county household hazardous waste collection program:
(3) place these tJpes of used dry cell batteries for collection in
the manner provided by the m w c i p a l recycling or&nance in
m t a n c e s where the adopted district recycling plan as approved
by the department pursuant to section 3 of P.L.1987, c.102
(C.13:1E-99.13)requires the collection and disposition of used dry
cell batteries as a designated source separated recyclable
material: or
(4) collect, transport. recycle o r dispose of these types of used
dry cell batteries as othenbise provided by the battery
management plan required pursuant to section 8 of this act.
12. (New section) a. On or after April 1. 1992. no solid waste
collector registered pursuant to sectlons 4 and 3 of P.L.1970. c.39
(C.13:lE-4 and 13:lE-3) shall. at any time, knowingly collect
used mercuric oxide bat teries. used nickel-cadmium rechargeable
batteries or used sealed lead rechargeable batteries placed for
collection and disposal as solid waste.
b. A solid waste collector may refuse to collect the contents of
a solid waste container containing a kisible quantlty of used
mercunc oxide ba: t e r i e s o r used rechargeable batteries.
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13. (New section) a.
on or after April
1, 1992, no solid waste
State shall knowingly accept for disposal any
facility in this
truckload or roll-off container of solid waste containing a visible
quantity of used mercuric oxide batteries, used nickel-cadmium
rechargeable batteries or used sealed lead rechargeable batteries
at any time.
b. The owner or operator of a solid waste facility may refuse to
accept for disposal any truckload or roll-off container of solid
waste containing a visible quantity of used mercuric oxide
batteries or used rechargeable batteries.
14. (New section) a. Except as otherwise provided in a battery
management plan approved by the department pursuant to the
provisions of section 8 of this act, every retailer shall:
(I) Accept from customers a t any time during business hours up
to three used nickel-cadmium rechargeable batteries or sealed
lead rechargeable batteries derived from household use, of the
type and size he sells or offers for sale;
(2) Conspicuously post and maintain. a t or near the point of
display, a legible sign. not less than 8 112 inches by 11 inches in
size, informing customers that used rechargeable batteries of the
type and size sold or offered for sale by the retailer may not
enter the solid waste stream, and that the retail establishment is
a collection site for the recycling or proper disposal of these
types of used dry cell batteries. The. sign shall contain the
followmg inscription:
“ I t is illegal to dispose of used nickel-cadmium or sealed lead
rechargeable batteries in ths State as solid waste”; and
“State law requires us to accept used nickel-cadmium or sealed
lead rechargeable batteries for return to the manufacturer”: and
(3) Conspicuously provide or maintain, at a convenient location
within the retail establishment. collection boxes or other suitable
receptacles
into which customers may
deposit
used
mckel-cadmium or sealed lead rechargeable batteries accepted
by the retailer.
b. Except as othenvise provided in a battery management plan
approved by the department pursuant to the provisions of section
8 of this act; a distributor or his agent shall accept the return of
all used nickel-cadmium or sealed lead rechargeable batteries he
dstributes in his s e n i c e area from a retailer.
c. Every manufacturer, at hs orvn expense, shall accept the
return of ail used nickel-cadmium or sealed lead rechargeable
batteries he manufactures from distributors or retailers as
provided in a battery management plan approved by the
department pursuant to the provisions of section 8 of this act. .A
manufacturer shall. upon return of a used dry cell battery,
provide for its proper disposal or recycling.
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is. (New section) a.
Every institutional generator shall provide
for the on-site source separation, collection and d q o s a l of a l l
used mercuric oxide batteries, nickel-cadmium rechargeable
batteries and sealed lead rechargeable battenes generated at the
facility.
b. Every small quantity generator shall provide for the on-site
source separation. collection and disposal of a l l used mercuric
oxide batteries, nickel-cadmium rechargeable batteries and
sealed lead rechargeable batteries generated at the facility.
c. Except as otherwise provided in rules or regulations adopted
by the department pursuant to P.L.1970, c.39 (C.13:lE-1 et seq.),
or as otherwise prescribed under any other applicable federal or
State law, every institutional or small quantity generator shall
source-separate used mercuric oxide batteries, nickel-cadmium
rechargeable batteries and sealed lead rechargeable batteries for
collection and disposal in the manner provided in the battery
management plan required pursuant to section 8 of this act.
16. (New section) Whenever a county prepares and adopts a
district household hazardous waste management plan, the plan
shall be adopted as an amendment to the distnct solid waste
management plan required pursuant to the “Solid Waste
Management Act. P.L.1970. c.39 (C.13:lE-1 et seq.), and shall
be subject to appro\ a1 by the department.
a. Each &strict household hazardous waste management plan
shall identify the county strategy or strategies for the collection
and disposal of household hazardous waste. which shall, at a
minimum:
(1) provide for the collection and disposal of used mercuric
o u d e batteries. nickel-cadmium rechargeable batteries and
sealed lead rechargeable batteries at least once every 90 days;
(2) be consistent tvith the provisions of the district recycling
plah required pursuant to sectioh 3 of P.L.1987. c.102
(C.13:1E-99.13):
(3) designate. i f necessary. one o r more collection sites within
the county for household hazardous waste collection and disposal;
and
(4) include such other information as may be prescribed in rules
or regulations of the department.
b. A district household hazardous waste management plan,
subject to appro\ a1 by the department, may provide for the
collection and disposal of any used dry cell batteries.
c. Household hazardous ttaste shall be collected, stored and
transported in accordance t\ith all applicable standards for such
wastes adopted a5 rules o r regulations by the department
pursuant to P.L.ig;o. c.39. or as prescribed under any other
applicable federal or State law.
d. The department may use a portion of the moneys available in
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t h e s t a t e Recycling Fund pursuant to paragraph (2) of subsection
b. of section 5 of P.L.1981, c.278 (C.13:1E-96) for the purposes of
pmviding technical assistance and training to counties in proper
used dry cell battery management.
17. (New section) a. The provisions of P.L.1970, c.39
(C.13:lE-1 e t seq.) or any rules and regulations adopted pursuant
thereto to the contrary notwithstandmg, the department, ds a
condition of any permit or approval required pursuant to
P.L.1970, c.39, may require the owner or operator of any
resource recovery facility, in conjunction with the governing body
of the county wherein the resource recovery facility is located,
to implement a countywide used dry cell battery source
separation and collection program, which program shall be
subject to approval by the department, to ensure that any used
dry cell batteries found to be of particular concem are removed
from the solid waste stream prior to acceptance for disposal a t
the resource recovery facility.
b. As used III this section, "resource recovery facility" means a
solid waste facility constructed and operated for the mcineration
of solid waste for energy production and the recovery of metals
and other materials for reuse.
18. (New section) a. In the event that the commissioner makes
a fmding, m writmg. that the continued dsposal of a specified
used dry cell battery. mcludzng, but not Limited to. any used
Lthum battery, silter o u d e battery. rinc-air batter).. alkaline
manganese b a t t e n or tinc-carbon battery as solid waste presents
an imminent threat to the environment or public health and
safety, the commis5:oner may issue an emergency order to e v e n
manufacturer of the specified dry cell b a t t e n , whch order shall
mc lude :
(1)The specific type of used drq' cell battery which present an
imminent threat to the environment or public health and safety:;
(2) A description of the specific threats to the environment or
public health and safet} Mhich the specified t3pe of used dry cell
battery present .
(3) The specific measures which manufacturers of the specified
dry cell battery are directed to undertake immediately to abate
or ehminate the immment threat to the environment or public
health and safety; and
(4) The actions i\hicn the department tvill take upon the signing
of the emergency order. or at any time thereafter. which may
mclude. but need not be limited to:
(a) requiring eLen. manufacturer to prepare and submit a
battery management plan for the en\ironmentally sound
collection. transportation, recyclmg or proper disposal o f that
used drq' cell batter). pursuant to the proLilsions of section 8 of
ths act.
(b) requrmg the immediate suspension of the sale or
dstribution of that dry cell battery
ths State; or
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(c) requiring every manufacturer to reduce the cadmium, lead
or mercury concentration levels in. the dry cell battery to
environmentally acceptable levels as a condition of s d e or
distribution of that dry cell battery in this State.
b. (I) Any manufacturer required to prepare and submit a
battery management plan pursuant to ths section shall submit
the plan to the department for its review and approval w i t h 12
months of the effective date.of the emergency order.
(2) The department is authorized to impose and enforce an
mdefinite suspension of the sale or distribution in this State of
the dry cell battery specified m the emergency order if the
manufacturer thereof fails to submit a plan pursuant to the
provisions of this subsection.
c. An emergency order issued pursuant to t h s section shall
take effect upon the signing of the emergency order by the
commissioner. and the person to whom the emergency order is
d r e c t e d shall comply with the emergency order immehately
upon receipt thereof.
d. Any action brought by a person seekmg a temporary or
permanent stay o f an emergency order issued pursuant to this
section shall be brought in the Superior Court. Any person
bringmg such an action shall have the burden of demonstratmg,
by clear and con\incing etidence. that the dry cell battery
specified in the emergency order as presenting an immment
threat to the emironment or public health and safety does not
present an imminent threat to the environment or public health
and safety.
19. (Yew section) a. The commissioner shail estabiish a means
of addressing consumer complaints and a public education
program to assure the widespread dissemination of information
concerning the purpose of this act.
b. The department shall have the right to enter. at any time
during normal business hours and upon presentation of appropriate
credentials. any re:ail establishment at which consumer mercuric
oxide bat teries. nichel-cadmium rechargeable batteries or sealed
lead rechargeable Sat teries are sold or offered for promotional
purposes in order to cetermine compliance with the provisions of
ths act.
20. (New section) a Any person convicted of a violation of ths
act shall be subject to a penalty of not less than S500.00 nor more
than S1.000.00 for each offense. to be collected in a clvil action
by a summaq proceeding under the penalty enforcement la\%.,
(S.J.S.2.4:38-1et seq ). or In a n y case before a court o f
competent jurisdic:ion ivnerein mjuncti\ e rehef has been
requested. The Superior Court and the m w c i p a l court shall have
jurisdiction to enforce the provisions of the penalty enforcement
iaw m connection i t i t h this act
If the violation is of a continuing nature. each day during whch
I t contmues constitutes an additional. separate. and d s t m c t
offense
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b. The department may institute a civil action for injunctive
relief of enforce this act and to prohibit and prevent a violation
of t h act, and the court may proceed in the action in a summary
manner.
21. (New section) The commissioner shall adopt, pursuant to
the Admmistra tive Procedure Act P. L.1968, c. 4 10 (C.52: 14B-1
et seq.), d e s and regulations necessary to implement this act.
22. (New section) a. The commissioner shall prepare a report to
the Legislature concerning the implementation of t h s act,
including recommendations as to whether the collection,
transportation. recyclmg or disposal methods prescribed in t h s
act are the most appropriate means to ensure the
environmentally-sound collection, transportation, recycling or
proper disposal of used dry cell batteries. The report shall be
transmitted to the Legislature not later than two years following
the effective date of this act.
b. The report shall include, but need not be limited to,
recommendations concerning:
( I ) A requirement that manufacturers further reduce the
cadmium, lead or mercury concentration levels in dry cell
bat tenes:
(a) For alkahne manganese dry cell batteries, except for button
or com shaped batteries. not more than 1 part per million by
weight (O.OOO1°/~); and
(b) For button or coin shaped alkalme manganese dry cell
batteries. not more than S milligrams of mercury per b a t t e n :
( 2 ) The practicability and feasibility of providing for the
collection of used an cell batteries by requiring a deposit on. and
estabkhing a refund value for. any d p cell batteq sold or
offered for promotional purposes in this State; and
(3) The practicaoility and feasibility of ensuring the proper
disposal of used dry cell batteries by imposing a pre-disposal
surcharge on the saie of dry cell batteries.
23. (New section) S o collector or transporter utilized by a
manufacturer for tbe collection of used dry cell batteries who is
not otherwise required to file a disclosure statement with the
Attorney General and the department shall be subject to the
provisions of P.L.1983. c.392 (C.
13:1E3-126 et seq.).
24. Section 3 of P L.1987. c.102 (C.13:1E-99.13) is amended to
read as follows:
3 . a. Each count: snall. [withm six months of the effective date
of this amendator?, and supplementary act] no later than October
70. 1987 and after consultation c\-ith each munic:pality w t h n the
county. prepare and adopt a district recycling p i a n to impiement
the State Recycling Plan goais. Each plan shall be adopted as an
amendment to the district solid waste management plan reqwred
pursuant to the pro\isions of the Solid haste Management Act,
P.L.1970, c.39 (C.13:lE-1 et seq.)..
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b. Each district recycling plan required pursuant to this section
shall include, but need not be Limited to:
(1) Designation of a district r e c y c h g coordinator;
(2) Designation of the recyclable materials to be source
separated in each municipality which shall include, in addition to
leaves, at least three other recyclable materials separated from
the municipal d i d waste stream;
(3) Designation of the strategy for the collection, marketing
and disposition of designated source separated recyclable
materials in each municipality: and
(4) Designation of recovery targets in each municipality to
acheve the maximum feasible recovery of recyclable materials
from the municipal solid waste stream whch shall include, at a
minimum, the following schedule:
(a) The recycling of at least 15% of the [pnor year's] total
municipal solid waste stream by [the end of the first full year
succeeding the adoption and approval by the department of the
d s t n c t recycling plan] December 31. 1989; and
(b] The recyclina of at least 25% of the [second preceding
year SI total mun1c:pal solid waste stream by [the end of the
second full year succeeding the adoption and approval by the
department of the district r e c y c h g plan) December 31. 1990.
For the purposes of this paragraph, 'total municipal solid waste
stream' means the sum of the municipal solid waste stream
dsposed of as soiid waste. as measured m tons. plus the total
number of tons of rec! clable materials recycled
c. Each district recvcling plan, in designating a strategy for the
collection. marketing and dsposition of designated recyclable
materials m each mmcipality. shall accord priority consideration
to persons engaging in the business of recycling or otherwise
lawfully providing recbcling s e n i c e s on behalf of a county or
municipality on January 1. 1986. i f that person continues to
pro\ide recycling se.r.ices prior to the adoption of the plan and
:hat person has no: discontinued these s e n i c e s for a period of 90
daysor more beti\een Januaty 1. 1986. and the date on t\.hch the
pian is adopted.
[d. Notwithstanding the provisions of the 'Solid Waste
Management Act. P L.1970. c.39 (C.13:lE-1et seq.). each1 Each
&strict recycling plan may be modified after adoption pursuant
to a procedure set forth in the adopted plan as approked by the
department.
d. A distnct reciciine D I X I ma\ be modified to require that
each mmcipaiitv i x l t n l n the countv revlse the ordinance adoDted
pursuant to subsection b. of section 6 of P.L.1987. c.102
!C.13:1E-99.16) to Drotiae for the source separation and
collection of used C A ce,il batteries as a desimated recvciable
mat e n d .
(cf: P.L.1987. [email protected]
18
25. This act shall take effect immediately.
WASTE MANAGEMEYT
"DryCell Battery Management Act."
ii
02f 22/91apm
001668
-
Document ID
EA-004s
SR-0133
TR-0013
(Proposedby Senator Contillo)
to
SENATE COMMITTEE SUBSTITUTE FOR
Senate, No, 3157
(Sponsored by Senator Contillo)
1
:
3. [New section) As used in sections 1 through 23 of this act:
"Cbmmissioner" means the Commissioner of the Department
of Environmental Protection;
"Consurnsr mercuric oxide battery"- means any button or coin
shaped mercuric oxide battery which is purchased at retail by a
consumer for personal or household use;
"Department" means the Department of Environmental
Pm t ection;
"Distributor" means a person who sells dry cell batteries at
wholesale to retailers in this State, including any manufacturer
who engages in these salesl, except that a "distributor" shall not
include any wholesaler or distributor owned cooperatively by
retailersl;
"Dry cell b a t t e q " means any type of button, coin. cylindrical,
rectangular or other shaped, enclosed device or sealed container
consisting of a combination of two or more voltaic or galvanic
cells, electrically connected t o , produce electric energy,
composed of lead. lithium. manganese, mercury. mercuric oxide,
silver oxide, cadmium. zinc. copper or other metals. or any
combination thereof. and designed for commercial. indust rial,
medical, institutional or household use, including any alkaline
manganese, lithium. mercuric oxide, silver oxide, zinc-air or
zmc-carbon batteq. nickel-cadmium rechargeable battery or
sealed lead rechargeable bat t e q ;
Senate Amendments to SCS for Senate, No. 3157
Page 2
"Institutional generator" means the owner or operator of any
public or private, commercial or industrial establishment or
facility, including any e s t a b h e n t owned or operated by, or on
behalf of, a governmental agency, health care facility or hospital,
research laboratory or facility, who routinely uses large
quantities of mercuric oxide batteries or nickel-cadmium or
sealed lead rechargeable batteries: or the owner or operator of
any public or private facility identified by the department that
generates at least 220 pounds of these types of used dry cell
batteries per month. or the owner or operator of any public or
private facility that accumulates 220 pounds of these types of
used dry cell batteries at any time;
"Lithium battery" means any button, coin, cylindrical,
rectangular or other shaped dry cell battery consisting of lithium
and other chemicals commonly used in pocket calculators, wnst
watches and other electrical appliances;
"Manufacturer" means a person producing dry cell batteries for
sale to institutional generators, distnbutors, retailers, small
quantity generators or consumers:
'Mercuric oxide battery means any button. coin. cylindncal,
rectangular or other shaped dry cell battery consistlng of zinc,
potassium and mercury oxide which is designed or sold for
commercial, industrial. medical or institutional use;
"Nickel-cadmium rechargeable battery" means any button,
coin, cyhdrical. rectangular or other shaped dry cell battery
composed of cadmium and nickel which is designed for reuse and
is capable of being recharged after repeated uses. and whch has
a useful life of at least 12 months;
' Rechargeable
battery"
means
any
nickel-cadmium
rechargeable battery or sealed lead rechargeable battery;
"Rechargeable consumer product" means any product.
including, but not limited to, a cordless electrical tool or
appliance, containing a nickel-cadmium rechargeable battery or a
sealed lead rechargeable battery, which is purchased at retail and
commonly used for personal or household purposes;
"Retailer" means a person engaged in the sale of rechargeable
batteries to any consumer at retail l[and tncludes any
manufacturer o r distributor engaging in retail salesll;
"Sealed lead rechargeable battery" means any button, com,
cylindrical, rectangular or other shaped dry cell battery
composed of lead and other chemicals which is designed for reuse
and is capable of being recharged after repeated uses, andwhch
has a useful life of at least 12 months;
Senate Amendments to SCS for Senate, No. 3157
Page 3
"Silver oxide battery" means any button, coin, cylindrical,
rectangular or other shaped dry cell battery consisting of silver
oxide, potassium hydroxide or sodium hydroxide and zinc, and
mercury commonly used in wrist watches and other electrical
appliances;
"Solid waste container" means a receptacle, container or bag
suitable for the depositing of sotid waste;
"Solid waste facilities" mean and include the plants, structures
and other real and personal pmperty acquired, constructed or
operated or to be acquired, constructed or operated by any person
pursuant to the provisions of P.L.1970 c.39 (C.13:lE-1et seq.),
P.L.1970, c.40 (C.48:13A-l e t seq.) or any other act, including
transfer stations, incinerators, resource recovery facilities,
sanitary landfill facilities or other plants for the disposal of solid
waste, and all vehicles. equipment and other real and personal
property and rights therein and appurtenances necessary or useful
and convenient for the collection or disposal of solid waste in a
sanitary manner;
"Small quantity generator" means the owner or operator of any
public or private, commercial or industrial establishment or
facility, including any establishment owned or operated by, or on
behalf of, a governmental agency, health care facility or hospital.
research laboratory or facility, who routinely uses small
quantities of mercuric oxide batteries or ruckel-cadmium or
sealed lead rechargeable batteries: or the owner or operator of
any public or private facility identified by the department that
generates less than 220 pounds of these types of used dry cell
batteries per month. or the owner or operator of any public or
private facility that accumulates over 20 pounds but less than 220
pounds of these types of used dry cell batteries at any time;
'Zinc-air battery
means any button. coin. cylindrical.
rectangular or other shaped dry cell battery consisting of t m c .
potassium hydroxide and commonly used m hearing aids.
photographic equipment and electrical appliances.
'
(New section) a. No person shall sell, offer for sale, or offer
for promotional purposes in this State any alkaline manganese
battery which exceeds the following mercury concentration levels:
(1) For alkaline manganese batteries, other than button or coin
shaped batteries, not more than 250 parts per million by weight
(0.025%) for all batteries manufactured on or after January 1,
1992; and
(2) For button or coin shaped alkaline manganese batteries. not
more than 25 milligrams of mercury per battery for all batteries
manufactured on o r after Januarv 1. 1992.
4.
1.i
Senate Amendments to scs for Senate, No.'3157
Page 4
b. No person shall sell, offer for sale, or offer for promotional
purposes in this State any zinc-carbon battery which exceeds a
mercury concentration level of 1 part per million by weight
(o.OWl%) for all batteries manufactured on or after January 1,
1992.
c. l[Any manufacturer may, in accordance with rules or
regulations adopted by the department pursuant to the
"Administrative Procedure Act." P.L.1968, c.110 (C.52:148-1 e t
seq.), apply for a temporary exemption from the mercury
concentration level 'requirements of subsection b. of this section.
(I) Any manufacturer seeking a temporary exemption shall
submit an application, in writing, to the department for its
r e s e w and approval. The application shall include the following
information:
(a) A statement setting forth the specific basis upon which the
exemption is sought;
(b) The full name. business address, telephone number and
signature of the person seeking the exemption; and
(c) The full name. business address and telephone number of the
authorized local representative of the person seeking the
exemption.
(2) The information required pursuant to t h s subsection shall
be furnished to the department for each specified zinc-carbon
battery for which an exemption is sought.
(3) The department shall approve or deny a temporary
exemption upon receipt of an application therefor. Any
temporary exemption approved by the department shall expire on
Iuly I, 1993, and shall be based on evidence furnished to the
department that there is no zinc-carbon battery meeting the
mercury concentration level requirements of subsection b. of this
section that may be reasonably substituted for the zinc-carbon
battery for which the exemption is sought.
d. The department may. in accordance with a fee schedule
adopted as a rule or regulation pursuant to the provisions of the
"Administrative Procedure Act." establish and charge reasonable
fees for any of the services to be performed or rendered in
connection with this section, and for the costs of compliance
monitoring and administ ration. The fee schedule shall reasonably
reflect the duration or complexity of the specific service
performed or rendered. information reviewed. o r inspection
conducted] No person shall sell. offer for sale. or offer for
promotional purposes in this State any alkaline manganese
battery which contains anv mercurv for all batteries
manufactured on or after.januaw '1. 19941.
f i
-I
1 .
* !
. *
r- :
. ,
?
i
l
,
Senate Amendments to SCS for Senate, No. 3157
Page 5
STATEMENT
These amendments would (1) make several technical changes
to the definitions of “retailer- and *distributor*;(2) delete the
exemption f”the mercury concentration lwei requirementsof
the bill provided for zinc-carbon batteries; and (3) include a
requirement that all alkaline manganese batteries manufactured
after January 1, 1991 and sold or offered for sale in New Jersey
must be mercury-free.
’.. ’.
APPENDIX E: PROPOSED NEW YORK LEGISLATION
STATE OF NEWYORK
c.1.
Ilo. 491
1991-1992 Rogular Sossiars
SENATE - ASSEMBLY
MrcR 2Crun,1991
-
Ja”aar coQI CUI=.
I
,
ma?-nu.
WICIIZR. L N r r -*
P m T * J A L A I l D s sCwll01
IIe ~ ~ ( ~ M I I ~ ? L I O *
RAIUITI
f ~ f ~ l x‘IIRJIX.
o ~ OkttttA
read t w i c e d ordorod printed. and weon
printed to be coritted t o t h e w i t t o e OII PIvironwatAl Caa8emtloa
roportod favorably from s a i d litto toe^ ordored to f i r s t and
report, ordorod to a t h i r d roadiag, mndod and ordorod r0pr1at.d~
retaining its place i n t h o ordor oL t h i r d reading
XI
ma,
“run,
Introducod by Sen..
tkQ.
--
All
tAltm, LAvkLLZr
-
MX to .wnd t h e e n v i r o n n n t a l conservation law, in r e l a t i o n t o cort a i n batteries
The Pwole of tho Stat. of New Tork, reore8ented In kaate
blv, do O M C t 4S f O l l W 8 :
S.ction 1. Tho onvironwntal con8orvatloa law i 8 awndod by adding
now section 27-0719 to read as follows:
S 27-0719. m t t e r v u n a a e w n t and dismsal.
1. k a i r l a t i v o intent. I t is tho intent of tho leal S h t U X a tQ
t h e r i r k t o t h e environmont wsod bv batteries, both In
non-consuior USOS. vhother recharaeable or noacecbtpljgle.
a
tXPLAmTION--natter
in i t a l i c s (underscored) is m t u t t e r in braaheta
1 1 is old law to bo omitted.
LyxI7254-06-1
t
5 . 42n--a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1s
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
40
49
50
-.
51
52
53
54
55
56
2
A.
7029--A
to b. addteased throuah the elimination of mrcurv in zinc carbon batteries, the minimization of Y r C U r v in alkaline mumaMSe batteries, tho
cedestan of certain Products COnt&inina recharoo.ble batteries. and
throuah the devrlnt of an action ~ l a nto establish a schedule tor
collution svstems C , a M b h of Drovidina tot the recwlina or d i s m u l o t
all mercuric oxido batteries. silver oxide batteries. nickel C8dmiua
batteries, s u l l lead acid batteries. and other t Y w s of batteries the
corsisslonor nay identify.
2. Definitions. ?Or the WrDoser of this section, the follovinq definitions shall amlY:
1.
A 'batterY'
means a device consistinq of one or more c d l s , each
c.1
consistins of a wsitive electrode, a neaative el.ctrode urd an
electrolvte, vhich is used to mrovide stored electrical BOW r.
J b l An *alkalino Wa
m..
b.t t e c V w a n s a battery eonsistina of 4
unaanese dioxlde D O S i t i W 8 h C t S o d 0 , & zinc Maative electrode and an
alkaline electrolvto.
IC) A 'mercuric
oxide battery' w m s a b&tterv consistinq of a w r curic oxide DoSitiV8 electrod. and 8 zinc neqative electrode.
i d ) A 'nickel cadmium batterY' mans a battery consiatina oL a nickel
positive electrode and a cadmium neaativ8 electrode.
je] A 'sull lead-acid battery' m a n s a battery consisting of wsitive
and neaative electtode materials Which are leads or comwundr thereof,
used in nonvehicular ao~llcations and wiqhinq less than twenty-five
pounds.
j f ] A 'zinc carbon b6tterY' moans a battery conslstlnq of a unaanese
dioxide positive electmde, .a zinc neaative electrode, and a nonalkaline electrolYte.
jq} A
'silver oxide batterv' means a battery consistins of a sllver
oxide wsitlve electrode, and a Line neqative electrode.
Mck'
m a n s one or more batteries enclosed in a
jh) A 'battery
hour InQ.
J l ) A 'distributor' H a n s a seller of batteries or devices th&t contain batteries at the time of sale.
u
1 'ksilv
removed' means a battery or battery M C k vhich is either
detachable or readily removable bv the C0nsUA.r f r o m a consumer product
vithout cuttina or desoldorina anv wires.
3. twrcury reduction and elimination. ( 4 ) No mison UY sell or offer
for sale In New York state an alkaline u n ~ a n e s ebatterv unufactured on
or after January first, nineteen hundred ninetv-tw, which contains more
than 0.025 Mrcent mercury b Y veiaht of the battery: provided, howver,
that for alkaline manuanese batteries haviou sizes and s h a m s reseabllng
buttons or coins, the limitation on mercury content shall be twenty-five
millisrams of mercurv Der battery.
J b ) NO person MY sell or o f f e r for sale in Hev York state a zinc carbon batterv manufactured on or after January first, nineteen hundred
ninety-three that contains a mercury concentration level of more than
one part oer million (0.000181 by veiqht.
4. Recharqeable batteries.
( a ) No distributor my sell or offer for
sale rny Droduct uhich contains a nickel cadmium or s ~ l l
lead-acid battery or battery w ck manufactured after July first? nineteen hundred
ninety-three unless:
11) In the case of consumer products, the battery can be eaaily
removed by the consumer, or is contained
in a battery pack that i n
reparate from the product and Can be easily removed from the product.
I t ] In the c a s e of nonconrumec vcoducts, the battery can be removed oc
is C O n t A l n e d :n A battery p.ck that is Jepdrate from the product.
c~.rmool..cru,o-.
'
-
s.
1
2
3
4
5
6
7
8
9
10
1L
12
13
I4
15
16
17
f
4775--A
3
A.
7019--A
1 3 1 In all cases, the batterv is clearlr u r k o d as to its t m , so
that consuwrs. call.ctors and recvclers UY
easily idmtitv chemical
content.
jb¶ The cumirsioner shall authorize the sale of a consumer product or
a noneonsuur moduct vhich doer not coaolv with Daraaraph ( a ) of this
subdivision, if the coaissioner determines that:
j1) The product vas available €or sale on or before the effective date
of this section, and the product cannot reasonably be redesiqned and
manufactured
mior to J u l y first, nineteen hundred ninetrthreeL
g r o v i d d . howover. that such authorizations shall not a w l v to Droduct.
unuCactuced on or after July first. nineteen hundred ninetv-Civet OK
1 2 1 DQsiaa of th. ~ r o det
u to c m l v vith mraaraph r a1 of this subdir
ision would result in sicmificant danaer to w b l i c herlth and safety.
j. 'hehnoloclv asre*mnt. collection and recvclinq. On or before Januacv first, nlnetem hundred ninety-three, the cgrissioner. in consultajion with the c m i s s i o n e r of . c o m i c d e v e l o m n t and battery unufacturers, batterv rwtrclers and others, shall report to the qovernor and
10
t
19
20
21
22
23
24
bility of reuuiriaq the elimination of w r c u r y C r o a alkaline manqanese
b8ttW'i8sr and establishes a schedule for collection SYstems canablq of
providino for the recvclinq or d i s w s a l of a11 mercuric oxide batteries'
silver oxide batteries, nickel cadmium batteries, small lead acid batteries, and such other time of batteries as the commissioner u y
identify. Such elan and schedule shall identify the a ~ ~ r o ~ r i arole
t e of
b
implementation of collection systems and Drovide an evaluation of the
feaaibilitv of a returnable battery dewsit system in New York rtatet
provided, houever, that nothinq contained herein shall be deemed to
authorize the e m i s s i o n r r to impose such system or Wst-s.
5 2. This act shall take effect immediately.
2s
26
27
20
29
30
d
-
f. ' ,
6279 A
INTRODUCED BY SENATOR OWP( H. JOHNSON
ASSEMBLY 7029 A
INTRODllCED BY ASSYMAURICE D. HINCHEY
SENATE
> :
I
.
i i
A N A C T to amend the environmental consewation law, in relation to certnin batten-
L
PURPOSE
This bill would protect the environment by limlting the UIIQ of mercury in ceczajn
types of batteries, by requiring that rechargeable battarks be easily removed from
the devices in which they are used. and by providing for the development of
collection and recycling systems for vurious household, comwrdd and industrial
batteries.
JUSTIFICATION AND SUMMARY OF PROVISIONS
Ccrtdn :jrpca of dry-cell batteries pose problems for disposal because of t h d r
mercury content; where significant quantitlcs exist, recycling is preferable to
disposal. This bill would provide strict limits on the quanuties of mercury to be
used by certain types of batteries, including the most commonly used consumer
varieties.
Rechargeable batteries, including nickel cadmium and small lead-acid batteries,
take the place of hundreds of standard cells, but still pose 8 threat to the
environment when finally disposcd of. This bill would require that equipment in
which. thcsc batteries are installcd be clesigned so that the cells are w i l y removed
for recycling or disposal. Different standnrds of reinovobility apply for consumer
and non-consumer applications, and an exemption is gmnted when? safety is a
concern.
*
t
..
. .
.
1
In order to more fully address the solid waste implications of batteries, the
commissioner of environmenlel conservation end the commissioner of economic
development are directed to work with battwy manufacturers, recyclers and other
interested partics to develop a n action plan and schedule for collection systems
providing for the return and recycling of all mercuric oxide baiteries, nickel
cadmium batteries and small lead-acid batteries. The action plan shall be reported
to the legislature by January 1. 1993. Included in the plan shall be an evaluation
of the fessibility of a returnable battery deposit system in New York state.
.
FISCAL IMPLICATIONS
!
None :o the state.
EFFECTIVE DATE
This act'sholl toke effect immediately.
--
..
I
APPENDIX F: PROPOSED M O D E ISLAND STATE
LEGISLATION
9 1 - -
S T A T E
O F
R H O D E
I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION,
AID. 1991
.-------
A C T
A N
RELATING TO THE MANUFACTURE, DISPOSAL, AND RECYCLING OF CERTAIN
DRY CELL BATTERIES AND RECHARGEABLE APPLIANCES
Pate f n t r w e d :
R e fvw d To.
It
2
._-
enacted by the General Assembly as Follows:
SECTiON 1.
i
=
ig
ntl e
23 of t h e Ganera 1
)
Laws entit1ed "Health
3
4
Dry Cell Battery Control
5
ter:
th-
add
Chapter 60.10
slative Findiners and Policv.
The General
finds and declares that certain types of dry Cell
23-60.2-1.
LI
6
Asseslbly
?
batteries contain t o x i c heavy Eetals that are harsful in municipal
solid waste.
Satteries containing cadniurr, nercury, and lead are
9
especially harztful, and soze of these types are increasing in use.
IC
I t shall be t h e policy of the state t o reduce the impact of such
11
batzeries through source reduction of toxics and by recycling.
e
12
23-60.L-2.
.
.
D e f u o n s .
0-
As used in this chapter:
(1)
ltRechargeable c o n s u e r p r o d a c t t i nearis zny product t h a t contains a
14
.::
'
PS
rechzrgeabie nickel-cadmium or lead-acid dry cell b a t t e r y and is
prixarily used or purchased to be used for personal, fanily, o r
ncusehold purposes.
17
(2)
" D r y cell batteryit shall refer
t o ail batteries in vk..ich
1
t h e electrolyto is absorbed, gelled,
or solidified such that the
2
electrolyte is not a free-standing body of liquid.
3
batteries do not h c l u d o vehicle battetie8 as definod by section
4
23-60-2
5
6
7
8
Dry cell
of the Genoral Laws.
(3) WanufaCtureP means any person who manufacturu dxy cell
battorieo.
(4) "Recycling
facility" means a facility thatprocesre8wasto
dry cell batterhr such that heavy metals are removed f o r rouso.
9
( 5 ) aAlkaline-manganere batteryt# m a n s any dry cell battery
a0
containing manganese dioxide and zinc electrodes and an alkalino
1%
electrolyte.
12
(a)
23
14
lgNickel-cadmium battery" means any dry cell battuy
containing cadmium hydroxfde/potaoh lya/nickel hydroxide.
(7) "Mercuric-oxide
battery" means
a dry
cell
batt8ry
15
containing zinc and mercuric oxide eloctrodes and used both in
16
household and Eon-household, often medical, applications,
17
( 8 ) IILead-acid dry
call battmry" Deans a battery containing
18
a had-acid
19
products, and weighing less than 25 pounds.
20
21
22
23
24
25
26
27
28
(9)
system, generally U68d
llDepartxtent" means the
Managrment or its
in rechargeable consumer
Dapartment
Environmental
of
SUCC~SSO~.
(12) 8vDirector"means the Director o f the Department o f
Environmental Managunent or its
SUCC~SSO~.
(13) 1sRetailer18
meanm any person in this state who engages in
the sale of d r y cell batteries.
means any person in this state who accepts
(14)
dry cell b a t t e r i e s .
(15) "Person" means any natural person, political subdivision,
29
government agency, public or private corporation, partnership,
30
joint venture, association, firm, individual proprietorship, or
31
other entity whatsoever.
32
33
23-60.1-3.
g a t t c t ies
.
-0
. Reduct ion
of
No alkal tne-na:aazese
Mercurv
trt-e----
C
O
Z
a
in
- * - * - a =- L - - - -
Alk aline
--
--
t
.
1
after January 1, 1992, ahall be di.tribu+.d,
2
s o l d , if it contains mora than 0.025 parcat mercury by might.
3
23-60.1-4.
4
-
5
or off-
oI!
No m - i m u i d r
7
1994,
9
solid wart.
.Old
in +him atat. aftor ~ururry1, 1993.
.4
.
EffectiveJanuary 1,
PntniCip81
or coatmarcia1
a nickal-cadmium, mercuric-oxida, or load-acid dry -11
la
battery or a rochargaable conrumar product containing a nickel-
11
cadmium or lard-acid d r y c a l l battery.
12
of
73-60.1-6.
13
e
0-
w
0
(a) Eifactiva January 1, 1994,
14
a manufaoturer of nickel-cadmiurm, mercuric-oxide, or h a d - a d d dry
15
cell battaries that are purcharad for US.
16
agency, an
17.
Zacility shall:
18
(1)
Industrial comamications
ensure
that
a
rystun
19
transportation, and processing of
20
purchasers in Rhoda Island; and
21
-_
0
m y br d i a t r i b u u ,
no parson shall knowingly placa i n
8
01
0
button c a l l
for 1
.
23-60.1-5*
6
o f f u r d f o r .ala,
for
or us.d by a gov.mrp.rrt
tacilfty, or a medical
tho
wasta
proper
batteri.8
(2) claarly Inform each purchaser of
collection,
exists for
the prohibition of
22
disposal of wasto nickol-cadmium, marcuric-oxido, and load-acid dry
23
call batterfer and of tha ryrtam or sy.t.ms
20
transportation, and processing of wasto batteriee availabh to the
2s
purchamr
for proper collection,
.
26
(b) To enmure that a sy8t.m
27
transportation, and procorsing of
28
sanutacturor shall:
for t h o p r o p u ~0118ction,
wasto batterhe exists, a
(I) identify colloctors, transportorr, and processors f o r t h o
29
batteries and contract or otherwise expressly agree with a
30
waste
31
person or persons for the proper collection, transportation, and
32
processing of the waste batteries, or
23
(2) accept waste batteries returned to its manufacturing
1
.
2
3
4
f a c i l i t y for proper processing.
( c ) A manufacturer that ha8 complied w i t h this 8 8 c t i o n is not
l i a b l e under s e c t i o n 23-60.1-5.
-.ale
23-60.1-7.
Cools and Aranliaru; en.
--
Aftrr
a r e c h a r g r a b l a c o ~ w n o rproduct. a"factured
on
5
January 1,
6
or after July 1, 1993, c o n t a i n i n g a nickrl-cadmium or laad-acid d r y
7
cell b a t t o r y may not be di.tributed,
8
this state unless:
9
1994,
o f f e r e d for Sal.
or sold i n
by the consumer or is
(1) the battery can be easily r8mov.d
10
contained i n a battery pack that is s e p a r a t e from the product and
11
can be e a s i l y r-oveU;
12
( 2 ) the product
and
and the b a t t e r y are both l a b e l e d in a m a n n o r
13
that is c l e a r l y v i s i b l e t o the consumer, indicating t h a t the
14
battery
15
recyclable; and
16
may
in municipal
not be disposed of
( 3 ) the b a t t e r y is clearly l a b e l e d as
17
used in t h e battery.
18
23-60.1-8.
waste
is
and
t o the type of electrode
Sllanufacturer ~xgJppf;ipI1s.
(a) Any battery
e-
19
mancfacturer may p e t i t i o n t h e director to exempt a rechargeable
20
c o n s m a r product containfng a nickel-cadmium or lead-acid dry cell
21
battery from th8 requirements o f section 23-60.1-3
22
may exempt s a i d product, {if:
23
(1) t h o
product
cannot
be
and the d i r a c t o r
redesigned
reasonably
and
24
manufacturedto comply w i t h the requirements prior t o the a f f e c t i v e
25
date of this s e c t i o n ; o r
26
(2)
the
redesign
of
the
product
to
comply
with
tho
27
requirements would r e s u l t in s i g n i f i c a n t parmanent damage t o human
28
health.
29
30
31
(b) An exemption granted by the d i r e c t o r may be for no more
than t w o (2) years' duration and may be renewed.
23-60.1-9.
Labelincr Re-nt.
--
(a) After January I,
32
1994, a rechargeable nickel-cadmium or lead-acid dry c e l l battery
33
sanufactured on or after July 1, 1993, may not be distributed,
"
1
2
or sold in this state unhss:
o f f o r d for sal.,
(1) t h e battory is labeled
In a manner
that
is clrarly v i s i b l e
3
to tho consuamr, indicating that the battrry m y not bo dispo8ed
4
of in municipal waste and i s recyclable;
5
6
7
( 2 ) t h e battary is cloarly identifiabh a
m t o ths type of
rlectrodo used in the battery.
23-60 1-10
--
--
(a) Tho D l p a r t " t
ahall
a
d e n l o p ragulations to govern a dyy coll battw recycling program
9
and shall work w i t h thr manufacturers of nickel-cadmium, mercuric-
10
oxido, and lead-acid dry cell batteries to establish a program to
11
collect auch battorios at t h e point of sale.
12
be eff8ctive by January I, 1994.
Such program shall
13'
(b) All nickel-cadmium, mercuric-oxide, and'l a d - a c i d ilry Cell
14
batterieo sold or offered for sale in the e t a t e s h a l l be lab8l8d
15
'*Recyclable" and shall include a toll-free tolophone nunbrr.
16
button batteries t h a t arm too small to be l a h l o d , the l a h l shall
17
be prizted on the battery packaging.
18
19
For
23-60.1-2.1.
8tribUtOr.
0-
(a) Eff8CtiVa January 1, 1994, a di8tributor
Ot
20
manufacturer shall not rofuae to accept from any r e t a i l e r o f
21
collector any used nickel-cadmium, morcurfc-oxide, or laad-acid
22
c e l l battery of tho type, size, and brand sold by tho distributor
23
or manufacturer.
24
(b) Whonever a retailer cr collactor or group o f r e t a i l e r s or
25
collectors roceives a shipmont or consignmmnt of, or in any mannor
26
acquires, nickel-cadmium, mercuric-oxido, or lead-acid dry c e l l
27
batteries o u t s i d e Rhode Island Zor sale to consumers in mode
28
Island, the retailer
29
collectors
30
distributors, as well as retailers or collectors.
31
shall
23-60.1-12.
32
promulgate
33
chapter.
or collector or group of retailers or
comply
with t h i s
chapter
Rules and R e a a t i ons.
rules and
--
regulations necessary
as
if
they
were
The d i r e c t o r shall
to
implement
this
1
23-60.1-13.
H
Any
person who violates any
2
3
provision of this chapter shall be subject to an administrative
penalty oil not more than one thousand dollars ($1000.00)
Each day
4
that such violation continues or axisto shall constitute a asparate
5
Offm8e.
t*
&1
?!
.
l
2
EXPLANATION
OF
AN ACT
RELATING TO THE
HANUFACTURE, DISPOSAL, AND RECYCLING OF
CERTAIN
DRY CELL BATTERIES AND RECHARGEABLE APPLIANCES
**+
1
This act would require the reduction of mercury in alkaline-
2
manganeae batterias, would prohibit the sale of mercuric-oxide
3
button
4
batteries from the solid waste stream and require t h e m t o be
5
recycled.
cell batteries,
and would
prohibit
certain
types o f
.
-..
APPENDIX G: PROPOSED VERMONT STATE LEGISLATION
is needed 10 raisc om-bird of rhc uwcwd capital nclccssary to COOJl&
wifb thc fcderal rulcs for small business mvcsmc1]1 companies adopted by the
Utritd
Stam small business adminismiion, or 5 1 .OOO.OOO.OO.
.is---nnallcr.
---.--whichever mount
I h S fitk.
-----
-
---
4 675.AUDITSOFASMALLBUSIFJESSlNVESTMlWTCOMPAKY:REPORT
~ I Vermont
C
malt business invcstmcnr comoany shall imnually submit IO--the
board an indepeadcnr financial and propram audit of the compn~
conduc%
a
ccmficd pubIic accounmx at thc company's cxpcnsc in accordance with ru1Z
adopted by rhc board undcr subocction G73(b) of this title. Tbc board in its discretion
may examinc tlic fiumcial accounts and mnxahcr rccords of%company
at any
time. Tbc board ski11 repon annually lo thge&i
assembly, on or bcforc Novcmk I. The board's rcpon shdl conlain ail audiu conducicd d the comoany since rhe
board's lost nqxm, and the board's findings and reca"cnd;rtions concaning
whether Ihe activities of rbt Vermont small busmnus investment company are
fulfilline the purposcs of tbis -pia.
Nouse Proposal of Amendment lo Senate Proposal of Amcndtnent
----
_
I
-
11. 99
An act lo rq'lirc gas stalious to providc trandicapped pasons wi& full scrvicc
*JMC
cbrgmp scLf-suvice rates.
I
-
Thc House coocurs in Uic Stnaic propasal of .mcn&ncni wirt, an anendmenr
as follows:
In Uc first proposal of amcndmcni in Sos. 1. in $41 10a of 9 V.S.A.. subscctiou
Cb). by striking OUI the words "and never providc pumpinz service"
House Proposal of 'Amendment to Senate Proposal of hnicridrrreni
H. 124
;bact re!aung to rile manufaacnuc. collection and disposal of bancncs.
+he Housc coocurs in the Scnare proposal of a m c a d " with amendrucnts, as
follo~s:
First: in SCC. 1. 10
VSA. 9 6621bjai. by scrknp the last serrie~c.
Second:
-- 111 SK. 2. by inscniug a IICX subscsiicu (c) io read i I j tsliows:
C i ! Unless ~ h plan
e established undcr subsection (a) of ~ I u secuon
s
pro\ides lhar
:I is cot f a i b l c 10 ban piacemeni in:o u:btd municipal solid W;IS~C of it11 dry ccll
battckcs t 1 ~ conrain
1
niercmc oxide clcfrrode. silt er c?xtdc clccuodc. nickel-cadaim,cr sa!ed lead acid, rcgxdlcss 0 1 the Identity of &:c purchsc: cr uscr. baticrics
uith 2osc ccntc~rsst13ll EOI be p i x e d into nincd m*w;cipal <u!:f wasre. as of
J x Q . ~ I . ! V 3 A violatjos 01 ihJs pr.li:tt>i:ijn ih3!! he :I \*:CI!:!IIO!~
of ? O V.S.A.
c-;,p:.: ; 5"
P
--
-
Io;; ; ; N A L O ~ ~ OSE
U--
----
J a m s S.Shea
Peter Shupplin
“ C y chard
Cmmiuec on rbc p n of thc liorisc
Which was considered and adopted on thc pan of thc Uousc.
On motion of Rcp. Bmk of Montpelier, Ihc d e s werc suspcnded and action
bill was ordrred mcmgcd to thc Senate fodwith and the biU deiivcred to
ihc Govcrnor lonhwtth.
OD thc
Senate Ympos31 of Amendment Concurred in with Amendment
n 1%
00motion of Rep. Brook of M6npelicr, tbe d e s were suspended and Senate
proposal of ametxlmcnt to Housebill. entitled
An acr rchhg 10 the manufrtlrre. colleclion and disposal of baneria;
Xppcanag on tbe Calendar for notice. was aka up for irnmcdiate considma-
-7
->
s9
tioxi.
Yhe Setrate proposes to the House to w e n d Lhc bill by smking all aftcr the
enacung clause and insecrsing in lieu thcreof thc foilowiug:
.
Sec. 1. 10 V.S.A. 6 6621b is added to rea&
4 6621b. REGLUTIOS OF CERTAIN DRY CELL B A T T E W
(a) Prohibition. A person may not place in mixed municipal solid waste a dry
Celt battery containing mercuric oxide dccaode, silver oxide elccuode.nickel-cadmium. or scald 1-d acid. that was purchased for we or used by a govanmat_
spencv, or an mdusuial, comolunicaticms, or m e b i d facility. Effective January 1,
1993. h e batteries may not be placed in !nixed municipal solid wastc, regardless
of the identity or ~hcirpurchaset or U S ~ .
t3’1Uscr responsibility. Each povemment agency. or indusuial. communka[ions. or medical faciliry shall collect and segregate. by chemical type, its battcnes
&at arc subject to this prohibition and shall return ach segregated collccaon either
to rhe tupolier &ai Drovided cbc facility wilb that type of battery or to a collection
f a d i e desi-mted by the manufacntrerof that battcry or haitcq-powered p r o d s
( 5 ) !+&nufacnuerrcs;>aasibility.
i 1 1 X manuf3crurcr of banenes subject to subsection (a) of this section shaU:
-
--
#.R)
clcar!v inform mch purchaser of &c prohibition 0x1 disposal
ofwastc
-.
-
G
.. ..
1.
jD)rcccpt waste batteries r e m c d to its mulufacnuiirg faciiirv.
1-
(3 j .A ~ u f 3 C t w e rdull e n " that 1be cost of pmpu collecuon.~nspormion.. 2nd proccssiaor of rhc waste barieries is included io the s a l e rnnsaction or
-
--
-
sereemem bcfwccn the mianufacnrrcr and any purchaser.
(4 j A manufacturer U t has complied with ~s suhwction is not liable under
subsccucn (a) of this section for improper disposal by a person other
.--than the
"dacturcr
of
waste
bartcncs.
..
(dj Battev requtrcmcnts.
(1 j The manufacturer of a button ccll batten b a t is to be sold 11 retail in.-this
state shall cnsurc that each battery is clearly identifiable as to the tvpc of elccvo&
uscd in the battery.
(?)(A) Amanufacnvu may not sell at retail. distribute for retail sale. or offer
for recad sale in this slate an alkalinemanganese bat- &at contains more than 0.30
:rcsr,mcnury by wcighf or dter February 1. 1992.0.025 pefccnt me
k g h t . Effecuvc January 1.19%. b a t h e s mv not bc sold at retail in mzc?
-e--
-
I
i
(B)On applicjtion bv a manufacturer.h e secretary may exempt a spectiic
of this sccrion if bere
is no baite? mccuog Ihe requirements that can be reasonably substituted for thc
battcry ior which the cXcmpU00 is sought. Thc mauuf3cwer of a bancry exempted
t-ge of batrcq fromthe requirenenls of subdivision (d)(Z)(A)
by the secre*aryunder thit subdivision is subject to the rquircments of subsccuon
( c ) of Us sscuon.
(C)Notwithstanding subdhdsion (d)(2)(A) of this section. a mmufacmrer
mav not sell at retail. distribute fot rem sale, or o€fcrfor retail s d e in this state after
J a n w 1, 1992, a button cell alkaline manganese battery that contains more than
35 mii!igxns of m t r c w .
.
(3, U e c t i v e January 1,1993, no button bartery contaiPmg mercury may be
sold a: :etscl u! I&S state unless ii tonrains less thm 25 m i l h g " of mercury.
(CI Recbarreable banencs for fools .and appliances.
(! ;A manufacture: may GCI sell at retail. disuibutc for retail sale. or offer for
remi sale LC &JS s131ea recharjcablc consumer product unless:
.A. tie blrncry can hc cssily removed by the coasuzier or 1s coniaincd in
a ba:rer. -,itk that is sep;uate from t5cjroduct md can \ICcasily removed; and
3' tkc product. the bat!ev iuclf. aiid the packngc contauup a *consumci
-.proCua e.& arc labclcd in a ntanncr that is clearly visible [o rhc conswmr. that
indlc;ltec tDx :!I: barten. musl be rxcvclcd or dhoscd of t);~&1v. .udr.h:at mcets
--
l
-
-$04
-
JOURNAL OF THE HOllSE
-
(2)"Kecbargeablc consmcr product" N U S in~ hsubsection-.means,
prodirt thjt conuias 3 recharpable battery a n n n m a n i v used
io
-- or purchased
t- c used for pcnonal. family..or
household
purposes.
-.
(3) On application by a manufaclurcr. the sccrelary may exempt a r c c h a r r
abie cotisuma product from UIC requircments of rhis sub&ctioa d:
( A ) the product cannot be rcasombly r&c%igudor inanufacrurd IO
comply with UIC rcqtrirCmcnu prior to the cfftxtive dale of Lhls subsecuon;
(B)rht redesign of rhc product 10 comply with
-.. the requircmcnu---would
rcsulr
-- in &pX'icant danger io public health and s a f e w s
(C)rhc battery poses no ucrcatonablchazardwben placcd in aud processed
2r Cisposcd of as part of mixed n~unicipdsolid waste.
(4) An exemption grant& by &e sccretvy under subdivision (e)(3)(A) of this
ceciion.
must be limited to a m a x i " of two years and may be renewed.
See. 2. BATTERY REPORT
(a) By January 1,1992, the secretary of natural resou~cs.in cooperation with
mawfacrurcn and wholesalcn of bancries sold at remil in the state, and in consultauoc WIJI the technical advisor4 committee on solid waste, shall develop and adopt
a uscd baitcry management plan. The plan shall rcview and repon 011 the environzeatal h u m mcl public h d t h risk of mercuric oxide, silver oxide, nickel cadmium.
m a l l lead acid, zinc air, lilbium, carbon zinc, nickel hydnde. and alkaline batrcnes,
md such other type of banuies or reformulatcd baneries as the secretary may
rdeocify. The plan also shall consider alternate battery collection systcms giving
;?reference10 a rerumable battery deposit system €or !he SUIC. and shall consain a
cimi)r&ewve system for chc collection, recovery. recycling, reuse. treatment or
disposal of all of those batteries determined to be IrMnful to humans or the
e m u o m e m . Implementation of pIanr shall emphasfre fhe responsibility of
;;lanufacturers and wholcsalctr. shall coat& incentives to encourage consumers to
: e x i i used batteries to the collcction system.and sball be adequate to cnsurc ha!
:!me Saltetics. detemhed to be 2-1,
s c separated diid rtmoved from the wasre
5:; uo 1 3 1 thm
~
J a n u : i ~1. i993.
t3)M y system developed under this section shall sciude ;tu cducatioml and
?.;?i:c:;). component tirat seeks IOs~aximizccorsmcr p3~ilClp3tiOnin rhe system.
5,:
? O \?%.A. 4 6621a IS x " c d to read:
3 'io21 3. L.U\I?)FILL D I S P O S d FtEQUIREMEhTS
: a t b accordaxcc a : i h ~ ! e
Collowmg schejdc. zc) person shall knowuryly
<iqc.sc ci the followlug sol!d u-ssxe m luldfills-
--
-
-
:lalL a d - a c i d baiicr:cs. .;iw July 1. 1990
2' T w ~ . \ '011.
~ s t c:i!:er july ! , !WO.
;3 1 \L'hItC ~ o o i k ~, L J ca ~ ~ ~ . u1,j 1991. ''ii-tliic ~ O C M I <illcludc d:SCXclCd
:
di~ti~xslicn
--:z_c~a:nrc.w'islimp i x i c ! a e s . c'!o&e$ driers. r u l g e b . ~ t e titaiers.
(41 T i s . afier Januiuy 1.1992.
c
(GI 3icktlcadmium batteries or 0th rcchrvgcable battcnes. after J u l s
1992,
&-any
district or municipaliry in which h r c is an ongoing program to a c c q ~
--
W c waxes
-..-- for uuIuncnt.
.
-
-+
@) This scctim strall not prohibit thc designation and use of scparatc m a s at
i i i d f i l f s for the storage or processing. or both, of mttcrial specifid in this saxion.
-
(c) *[The]* Insofar as it tppiies 10 tht operator of a solid waste managme
facility. the tercrary may suspend the rpplicalicw of thij s d o n to material
specified in suklivisionr (as), (3) *[OT]* (4) w (61 of this section. or any
combirratioa of these, upon frnding that ins&icien! markets exist and adequate
alternate uses arc not reasonably avaihblc io save as an altemanve to disposal.
Sec.4. EFFECTIVEDATE
This section.Secs. 2and 3. and subsections (a).@). and (c) of 10 V.S.A. 6 =la.
in Scc. I. ukc effect on July 1, 1991. 10 V.S& 0 6621a(d) shall take & a t cgl
January 1,1992. Subsection (e) of section 662la sbil ukc effect on July 1,1993.
Notwithstanding h e provisions of subscctioa (d) of sactipn 6621b, a retailer may
sell akalinc manganese batteries from rhc relailcr's srock as it cxistd on thc
cffectivc dates for thc three lev& of mcrcury in subdivision 6621b(d)(2)(A), ;;md
may sell rcchargmble consumer products from ibc retailer's stock at it exined on
the effective ate of subsection 6621b(c).
Sec. 5. RECOSSIDERATION NOT PRECLUDED
Passage cf rhir act shall not prcdude rcconsidcntioa of my of its provxsioas
during the 1992 adjourned ponion of tbc lcgishtive session.
Pendins U c question. Will Ihc House coioeuf in the Senate proposal of mendment? Rep. Coleman of Loodondeny moved to coocut in tbe Scnate proposal of
micndrccnt with the following amcndmenc
First:
tn Ss. 1.5 662lb(a). by svildng the last scnteoc~,
cStcoud: Irr Sec. 2, by adding a new subsccuoa (c) co r a c t
(c) Cnicss lbc p L i established under subsection (a) of this section provides that
it is nct fcariblc to ban placement UNO mixed municipai solid wasie of all ciry cell
batrerics &at conrain mercuric oxidc clccuodc, silver oxide elccuodc. nrekcl-cadmium. e: scaled lead acid. regardless of die identity of &e purchier or user. batteries
with ~liosecontenrs Shall im be placcd u110 mixed munic~palsolid wasie. as of
Januaq- 1. 1995. A viohrlon Of h s pruhihition shall be a vlol:!tlon of I0 V.S.A.
-
chapter 1.59
.