Batteries subject to certain regulations
section 14302(5)(C) of this titleThe collection, storage, or transportation of used rechargeable batteries, batteries described in 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 (), as effective on , except as provided in paragraph (2) of subsection (b) and except that—
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
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.
Enforcement under Solid Waste Disposal Act
42 U.S.C. 6901 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 [ et seq.].
States may implement and enforce the requirements of subsection (a) if the Administrator finds that—
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
the State provides for enforcement of such requirements.
Pub. L. 104–142, title I, § 104110 Stat. 1335(, , .)
Editorial Notes
References in Text
Pub. L. 89–27279 Stat. 997Pub. L. 94–580, § 290 Stat. 2795section 6901 of this titleThe Solid Waste Disposal Act, referred to in subsec. (b)(1), is title II of , , , as amended generally by , , , 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 and Tables.