42 U.S.C. § 14323: Requirements

Summary

Used rechargeable batteries, certain batteries named elsewhere in law, and used products with built‑in rechargeable batteries must be handled under the EPA rules published at 60 Fed. Reg. 25492 on May 11, 1995. Two exceptions apply: three specific requirements in 40 CFR 260.20, 260.40, and 260.41 do not apply, and lead‑acid batteries that are managed under 40 CFR 266 subpart G are excluded. If someone breaks these handling rules, they can be enforced under the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.]. A State may enforce the rules itself only if the EPA Administrator finds the State has adopted the same rules and has a way to enforce them.

Title 42, §14323

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Batteries subject to certain regulations

The collection, storage, or transportation of used rechargeable batteries, batteries described in section 14302(5)(C) of this title or in subchapter III, and used rechargeable consumer products containing rechargeable batteries that are not easily removable rechargeable batteries, shall, notwithstanding any law of a State or political subdivision thereof governing such collection, storage, or transportation, be regulated under applicable provisions of the regulations promulgated by the Environmental Protection Agency at 60 Fed. Reg. 25492 (May 11, 1995), as effective on May 11, 1995, except as provided in paragraph (2) of subsection (b) and except that—

(1)the requirements of 40 CFR 260.20, 260.40, and 260.41 and the equivalent requirements of an approved State program shall not apply, and

(2)this section shall not apply to any lead acid battery managed under 40 CFR 266 subpart G or the equivalent requirements of an approved State program.

(b)Enforcement under Solid Waste Disposal Act

(1)Any person who fails to comply with the requirements imposed by subsection (a) of this section may be subject to enforcement under applicable provisions of the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.].

(2)States may implement and enforce the requirements of subsection (a) if the Administrator finds that—

(A)the State has adopted requirements that are identical to those referred to in subsection (a) governing the collection, storage, or transportation of batteries referred to in subsection (a); and

(B)the State provides for enforcement of such requirements.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Solid Waste Disposal Act, referred to in subsec. (b)(1), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 6901 of this title and Tables.

§14323 Requirements