---
kind: "section"
citation: "42 U.S.C. § 14323"
title: "42"
title_heading: "The Public Health and Welfare"
number: "14323"
heading: "Requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/14323"
units:
  - "Chapter 137 — Management of Rechargeable Batteries and Batteries Containing Mercury"
  - "Subchapter II — Recycling of Rechargeable Batteries"
---

# §14323. Requirements

- (a) **Batteries subject to certain regulations—** The collection, storage, or transportation of used [rechargeable batteries](/usc/42/14302.md?p=5), batteries described in [section 14302(5)(C) of this title](/usc/42/14302.md?p=5-C) or in subchapter III, and used [rechargeable consumer products](/usc/42/14302.md?p=6) containing [rechargeable batteries](/usc/42/14302.md?p=5) that are not [easily removable](/usc/42/14302.md?p=3) [rechargeable batteries](/usc/42/14302.md?p=5), shall, notwithstanding any law of a [State](/usc/42/2021b.md?p=14) or political subdivision thereof governing such collection, storage, or transportation, be regulated under applicable provisions of the regulations promulgated by the Environmental Protection [Agency](/usc/42/8262.md?p=1) at 60 Fed. Reg. 25492 (May 11, 1995), as effective on May 11, 1995, except as provided in [paragraph (2)](#b-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](/usc/42/2021b.md?p=14) 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](/usc/42/2021b.md?p=14) program.
- (b) **Enforcement under Solid Waste Disposal Act—**
  - (1) Any person who fails to comply with the requirements imposed by [subsection (a)](#a) of this section may be subject to enforcement under applicable provisions of the Solid Waste Disposal Act [[42 U.S.C. 6901](/usc/42/6901.md) et seq.].
  - (2) [States](/usc/42/2021b.md?p=14) may implement and enforce the requirements of [subsection (a)](#a) if the [Administrator](/usc/42/14302.md?p=1) finds that—
    - (A) the [State](/usc/42/2021b.md?p=14) has adopted requirements that are identical to those referred to in [subsection (a)](#a) governing the collection, storage, or transportation of batteries referred to in [subsection (a)](#a); and
    - (B) the [State](/usc/42/2021b.md?p=14) provides for enforcement of such requirements.

## Source credit

(Pub. L. 104–142, title I, § 104, May 13, 1996, 110 Stat. 1335.)

## Notes

### Editorial Notes

### References in Text

The Solid Waste Disposal Act, referred to in subsec. (b)(1), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, 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 section 6901 of this title and Tables.