Page:United States Statutes at Large Volume 110 Part 2.djvu/542

This page needs to be proofread.

110 STAT. 1334 PUBLIC LAW 104-142 —MAY 13, 1996 ferent label meets the requirements of subsection (b) or (d), respectively, if the different label— (i) conveys the same information as the label required under subsection (b) or (d), respectively; or (ii) conforms with a recognized international standard that is consistent with the overall purposes of this title. (B) CONSTRUCTIVE CERTIFICATION.— Failure of the Administrator to object to an application under subparagraph (A) on the ground that a different label does not meet either of the conditions described in subparagraph (A)(i) or (ii) within 120 days after the date on which the application is made shall constitute certification for the purposes of this Act. (d) RULEMAKING AUTHORITY OF THE ADMINISTRATOR.— (1) IN GENERAL. — If the Administrator determines that other rechargeable batteries having electrode chemistries dif- ferent from regulated batteries are toxic and may cause substantial harm to human health and the environment if discarded into the solid waste stream for land disposal or incineration, the Administrator may, with the advice and counsel of State regulatory authorities and manufacturers of rechargeable batteries and rechargeable consumer products, and after public comment— (A) promulgate labeling requirements for the batteries with different electrode chemistries, rechargeable consumer products containing such batteries that are not easily removable batteries, and packaging for the batteries and products; and (B) promulgate requirements for easy removability of regulated batteries from rechargeable consumer products designed to contain such batteries. (2) SUBSTANTIAL SIMILARITY. —The regulations promulgated under paragraph (1) shall be substantially similar to the requirements set forth in subsections (a) and (b). (e) UNIFORMITY.—After the effective dates of a requirement set forth in subsection (a), (b), or (c) or a regulation promulgated by the Administrator under subsection (d), no Federal agency. State, or political subdivision of a State may enforce any easy removability or environmental labeling requirement for a rechargeable battery or rechargeable consumer product that is not identical to the requirement or regulation. (f) EXEMPTIONS.— (1) IN GENERAL. —With respect to any rechargeable consumer product, any person may submit an application to the Administrator for an exemption from the requirements of subsection (a) in accordance with the procedures under paragraph (2). The application shall include the following information: (A) A statement of the specific basis for the request for the exemption. (B) The name, business address, and telephone number of the applicant. (2) GRANTING OF EXEMPTION.—Not later than 60 days after receipt of an application under paragraph (1), the Administrator shall approve or deny the application. On approval of the application the Administrator shall grant an exemption to the