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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