covered battery
(1) Definitions In this subsection: (A) Administrator The term “Administrator” means the Administrator of the Environmental Protection Agency. (B) Battery The term “battery” means a device that— (i) consists of 1 or more electrochemical cells that are electrically connected; and (ii) is designed to store and deliver electric energy. (C) Battery producer The term “battery producer” means, with respect to a covered battery or covered battery-containing product that is sold, offered for sale, or distributed for sale in the United States, including through retail, wholesale, business-to-business, and online sale, the following applicable entity: (i) A person who— (I) manufactures the covered battery or covered battery-containing product; and (II) sells or offers for sale the covered battery or covered battery-containing product under the brand of that person. (ii) If there is no person described in clause (i) with respect to the covered battery or covered battery-containing product, the owner or licensee of the brand under which the covered battery or covered battery-containing product is sold, offered for sale, or distributed, regardless of whether the trademark of the brand is registered. (iii) If there is no person described in clause (i) or (ii) with respect to the covered battery or covered battery-containing product, a person that imports the covered battery or covered battery-containing product into the United States for sale or distribution. (D) Covered battery The term “covered battery” means a new or unused primary battery or rechargeable battery. (E) Covered battery-containing product The term “covered battery-containing product” means a new or unused product that contains or is packaged with a primary battery or rechargeable battery. (F) Critical mineral The term “critical mineral” has the meaning given the term in section 1606(a) of title 30 . (G) Primary battery The term “primary battery” means a nonrechargeable battery that weighs not more than 4.4 pounds, including an alkaline, carbon-zinc, and lithium metal battery. (H) Rechargeable battery (i) In general The term “rechargeable battery” means a battery that— (I) contains 1 or more voltaic or galvanic cells that are electrically connected to produce electric energy; (II) is designed to be recharged; (III) weighs not more than 11 pounds; and (IV) has a watt-hour rating of not more than 300 watt-hours. (ii) Exclusions The term “rechargeable battery” does not include a battery that— (I) contains electrolyte as a free liquid; or (II) employs lead-acid technology, unless that battery is sealed and does not contain electrolyte as a free liquid. (I) Recycling The term “recycling” means the series of activities— (i) during which recyclable materials are processed into specification-grade commodities, and consumed as raw-material feedstock, in lieu of virgin materials, in the manufacturing of new products; (ii) that may include collection, processing, and brokering; and (iii) that result in subsequent consumption by a materials manufacturer, including for the manufacturing of new products.