PUBLIC LAW 104-142—MAY 13, 1996 110 STAT. 1335 applicant. The exemption shall be issued for a period of time that the Administrator determines to be appropriate, except that the period shall not exceed 2 years. The Administrator shall grant an exemption on the basis of evidence supplied to the Administrator that the manufacturer has been unable to commence manufacturing the rechargeable consumer product in compliance with the requirements of this section and with an equivalent level of product performance without the product— (A) posing a threat to human health, safety, or the environment; or (B) violating requirements for approvals from governmental agencies or widely recognized private standardsetting organizations (including Underwriters Laboratories). (3) RENEWAL OF EXEMPTION.— A person granted an exemption under paragraph (2) may apply for a renewal of the exemption in accordance with the requirements and procedures described in paragraphs (1) and (2). The Administrator may grant a renewal of such an exemption for a period of not more than 2 years after the date of the granting of the renewal. SEC. 104. REQUIREMENTS. 42 USC 14323. (a) BATTERIES SUBJECT TO CERTAIN REGULATIONS.— The collection, storage, or transportation of used rechargeable batteries, batteries described in section 3(5)(C) or in title II, 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 trginsportation, 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. (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.
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