42 U.S.C. § 14323 — Requirements

(a) Batteries subject to certain regulations — Collecting, storing, or transporting used rechargeable batteries (including the batteries described in section 14302(5)(C) or in subchapter III), and used rechargeable consumer products with non-removable rechargeable batteries, is governed by the EPA regulations published at 60 Fed. Reg. 25492 (May 11, 1995), as they stood on that date — regardless of any state or local law on the subject. This is subject to (b)(2)'s exception, and with two more exceptions: (1) the requirements in 40 CFR 260.20, 260.40, and 260.41 (or an approved state program's equivalent) don't apply; and (2) this section doesn't apply to a lead-acid battery managed under 40 CFR 266 subpart G or an approved state program's equivalent. (b) Enforcement under Solid Waste Disposal Act — (1) Anyone who doesn't comply with (a)'s requirements can be subject to enforcement under the Solid Waste Disposal Act. (2) A state may implement and enforce (a)'s requirements itself if the EPA Administrator finds that (A) the state has adopted requirements identical to (a)'s, covering the collection, storage, or transport of the batteries described in (a); and (B) the state provides for enforcing those requirements.