Chapter 081

2005 -- H 5911 SUBSTITUTE A AS AMENDED

Enacted 06/24/05

A N A C T

RELATING TO HEALTH AND SAFETY -- MERCURY REDUCTION AND EDUCATION ACT

Introduced By: Representatives Ginaitt, Handy, and Long

Date Introduced: March 01, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Sections 23-24.9-9 and 23-24.9-10 of the General Laws in Chapter 23-24.9

entitled "Mercury Reduction and Education Act" are hereby amended to read as follows:

23-24.9-9. Disposal ban. -- (a) After July 1, 2005, no person shall dispose of mercury-

added products in a manner other than by recycling or disposal as hazardous waste. Mercury from

mercury-added products may not be discharged to water, wastewater treatment, and wastewater

disposal systems except when it is done in compliance with local, state, and federal applicable

requirements.

(b) If a formulated mercury-added product is a cosmetic or pharmaceutical product

subject to the regulatory requirements relating to mercury of the federal food and drug

administration, then the product is exempt from the requirements of this section.

cell battery; or (2) mercury-added components as contained in motor vehicles except as provided

in subdivision 23-24.9-10(b)(2) and in accordance with such regulations as may be adopted by the

department in order to achieve the purposes of subdivision 23-24.9-10(b)(2); and (3) households

disposing of lamps and products containing lamps.

23-24.9-10. Collection of mercury-added products. -- (a) After July 1, 2005, no

mercury-added product shall be offered for final sale or use or distribution for promotional

purposes in Rhode Island unless the manufacturer either on its own or in concert with other

persons has submitted a plan for a convenient and accessible collection system for such products

when the consumer is finished with them and the plan has received approval of the director.

Where a mercury-added product is a component of another product, the collection system must

provide for removal and collection of the mercury-added component or collection of both the

mercury-added component and the product containing it.

(b) (1) This section shall not apply to the collection of mercury-added button cell

batteries or mercury-added lamps or products where the only mercury contained in the product

comes from a mercury-added button cell battery or a mercury-added lamp; and

~~(2) This section shall not apply to motor vehicles.~~

(2) Mercury-added components in motor vehicles at end-of-life shall be collected and

recycled as provided in this subsection. Significant, willful failure to comply with rules and/or

regulations to implement the provisions of this section shall constitute, as may be determined by

the department, a violation of the ban established in section 23-24.9-9. No scrap recycling facility

or other person that receives a flattened, crushed or baled end-of-life vehicle shall be deemed to

be in violation of subsection 23-24.9-10(b)(2) and rules and regulations pursuant thereto or

section 23-24.9-9 if a mercury switch is found in the vehicle after its acquisition.

For the purposes of subsection, 23-24.9-10(b)(2) the following terms shall have the

following meanings: (i) “Capture rate” means the annual removal, collection, and recovery of

mercury switches, as a percentage of the total number of mercury switches available for removal

from end-of-life vehicles as determined by the Department of Environmental Management.

Capture rate shall not include mercury switches that are inaccessible due to significant damage to

the motor vehicle in the area where the mercury switch is located; (ii) “Mercury added

component” or “Mercury switch” means a mercury-added convenience light switch assembly or

capsule from an end-of-life motor vehicle; (iii) “Scrap recycling facility” means a fixed location

where machinery and equipment are utilized for processing and manufacturing scrap metal into

prepared grades and whose principal product is scrap iron, scrap steal, or nonferrous metallic

scrap for sale for remelting purposes; and (iv) “Vehicle recycler” means and individual or entity

licensed under the provisions of section 42-14.2-3 that engages in the business of acquiring,

dismantling, parts recycling from, or destroying six (6) or more end-of-life vehicles in a calendar

year.

(A) Manufacturers of motor vehicles sold in Rhode Island that contain mercury switches

shall, individually or collectively, establish and implement a collection program for mercury

switches to achieve a capture rate of not less than fifty percent (50%) for calendar year 2006, and

not less than seventy percent (70%) for calendar year 2007 and each calendar year thereafter

through calendar year 2017. The collection program shall be subject to the following

requirements:

(i) On or before September 1, 2005, manufacturers of motor vehicles subject to the

collection program requirement shall submit to the department a plan setting forth a proposed

collection program. At a minimum, the plan shall:

(I) Explain how capture rate requirements are anticipated to be met through

implementation of the plan;

(II) Ensure that mercury switches collected are managed in accordance with the universal

waste rules adopted by the department;

(III) Provide the department and scrap recycling facilities and vehicle recyclers with

information, training and other technical assistance required to facilitate removal and recycling of

mercury switches in accordance with the universal waste rules;

(IV) Make available to the public information concerning services to remove mercury

switches in motor vehicles;

(V) The proposed collection program plan shall be subject to the review and approval of

the department, which may require adjustments or modifications to the plan.

(ii) By January 1, 2006, manufacturers of motor vehicles subject to the collection

program requirement shall implement a collection program plan approved by the department; and

(iii) For the calendar quarter ending March 31, 2006, and each calendar quarter thereafter,

not later than forty-five (45) days following the close of the calendar quarter, manufacturers of

motor vehicles subject to the collection program requirement shall provide quarterly

implementation reports to the department, which reports shall include the number of mercury

switches collected and the amount of mercury collected and recycled through the collection

program. The report shall further include, but not be limited to: a detailed description and

documentation of the capture rate.

(B) In the event that the program set forth in subsection 23-24.9-10(b)(2)(A), does not

achieve the specified capture rates for any calendar year, the department shall develop, issue,

administer and enforce regulation compelling the manufacturers of motor vehicles sold in Rhode

Island that contain mercury switches to undertake a collection program as set forth in this

subsection, 23-24.9-10(b)(2)(B). Provided, however, that if the department shall determine that

the failure to achieve the required capture rate in any year was the result of a force-majeure, the

department may extend the program established pursuant to subsection 23-24.9-10(b)(2)(A) for a

period of not less than one calendar quarter and not greater than the number of whole calendar

quarters equal to the number of calendar quarters affected by the force-majeure and shall

substitute the capture rates achieved in such calendar quarter(s) for the captures rates achieved in

the calendar quarter(s) affected by the force-majeure; the department shall recalculate the annual

capture rate for the year affected by the force-majeure using the substitute calendar quarter(s) to

determine whether the annual capture rate requirements set forth in subsection 23-24.9-

10(b)(2)(A) were met. The total cost of the removal, replacement, collection and recovery system

for mercury switches, under this subsection, 23-24.9-10(b)(2)(B), shall be borne by the

manufacturer or manufacturers. The total cost shall include, but not be limited to, the following:

(i) A minimum of three dollars ($3.00) for each mercury switch removed by a vehicle

recycler or by a scrap recycling facility, as partial compensation for the labor and other costs

incurred in the removal of the mercury switch, to be paid to the vehicle recycler or the scrap

recycling facility that removed the switch;

(ii) One dollar ($1.00) for each mercury switch removed by a vehicle recycler or by a

scrap recycling facility to be paid to the department as partial compensation to the department for

costs incurred in administering and enforcing the provisions of this subchapter and providing

services related thereto which may include but shall not be limited to:

Training;

Packaging in which to transport mercury switches to recycling, storage or

disposal facilities;

Shipping of mercury switches to recycling, storage or disposal facilities;

Recycling, storage or disposal of the mercury switches;

Public education materials and presentations; and

Maintenance of appropriate systems and procedures to protect the environment

from mercury contamination.

(3) The provisions of subsection 23-24.9-10(b)(2) shall satisfy collection programs and

disposal requirements for mercury switches for all motor vehicles sold in the state.

SECTION 2. This act shall take effect upon passage.

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LC02132/SUB A/2

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