Chapter 306
2010 -- S 2179
Enacted 06/25/10
A N A C T
RELATING TO
HEALTH AND SAFETY -- MERCURY REDUCTION AND EDUCATION ACT
Introduced By: Senators DeVall, Ruggerio, and Tassoni
Date Introduced: February 09, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Section 23-24.9-7 of the General Laws in Chapter
23-24.9 entitled
"Mercury Reduction and
Education Act" is hereby amended to read as follows:
23-24.9-7.
Phase-out and exemptions. -- (a) No mercury-added
product shall be offered
for final sale or use or distributed for promotional
purposes in
content of the product exceeds:
(1) One gram (1000
milligrams) for mercury-added fabricated products or two hundred
fifty (250) parts per million (ppm)
for mercury-added formulated products, effective January 1,
2006;
(2) One hundred (100)
milligrams for mercury-added fabricated products or fifty (50)
parts per million (ppm) for
mercury-added formulated products, effective July 1, 2007; and
(3) Ten (10) milligrams
for mercury-added fabricated products or ten (10) parts per
million (ppm) for mercury-added
formulated products, effective July 1, 2009.
(b) For a product that
contains one or more mercury-added products as a component, this
section is applicable to each component part or parts and not
to the entire product. For example, if
an iron has a mercury switch, the phase-out applies to
the switch and not the entire iron.
(c) For a product that
contains more than one mercury-added product as a component,
the phase-out limits specified in subsection (a) of this
section apply to each component and not
the sum of the mercury in all of the components. For
example, for a car that contains mercury-
added switches and lighting, the phase-out limits would
apply to each component separately, and
not the combined total of mercury in all of the
components.
(d) (1) Fluorescent
lamps, cold cathode low pressure mercury discharge lamps/neon
lamps and high intensity discharge (HID) lamps, including
metal halide, high pressure sodium,
and mercury vapor types, shall be exempt from the
requirements of subsection (a) of this section.
As of January 1, 2010, the mercury content of
fluorescent bulbs, cold cathode low pressure
mercury discharge lamps/neon lamps shall either not exceed one hundred (100) milligrams
or the
manufacturer shall comply with the exemption requirements pursuant
to subsection (f) of this
section. The department may issue rules requiring more
stringent mercury content limits for such
bulbs or tubes, consistent with limits issued by other
states and the European Union.
(2) Specialized
lighting used in the entertainment industry, such as metal halide lights,
shall be exempted from the requirements of section
23-24.9-7(a).
(3) Mercury added
button cell batteries and products containing mercury added button
cell batteries shall be exempted from the phase-out limits
specified in subsection 23-24.9-7(a).
(e) A mercury-added
product shall be exempt from the limits on total mercury content
set forth in subsection (f) of this section if the level
of mercury or mercury compounds contained
in the product are required in order to comply with
federal or state health or safety requirements.
In order to claim exemption under this section, the
manufacturer must notify the department, in
writing, and provide the legal justification for the claim of
exemption. In addition, laboratory
chemical standards shall be exempted from the requirements of
subsection (a) of this section.
(f) Manufacturers of a
mercury-added product may apply to the director for an
exemption for no more than five (5) years from the limits on
total mercury content set forth in
subsection (a) of this section for a product or category of
products. Applications for exemptions
must: (1) document the basis for the requested exemption
or renewal of exemption; (2) describe
how the manufacturer will ensure that a system exists for
the proper collection, transportation and
processing of the product(s) at the end of their useful life;
and (3) document the readiness of all
necessary parties to perform as intended in the planned system.
(g) The director may
grant, with modifications or conditions, an exemption for a product
or category of products if he or she finds: (i) a system exists for the proper collection,
transportation and processing of the mercury-added product,
including direct return of a waste
product to the manufacturer, an industry or trade group
supported collection and recycling
system, or other similar private or public sector efforts;
and (ii) he or she finds the following
criteria are met:
(1) Use of the product
is beneficial to the environment or protective of public health or
protective of public safety; and/or
(2) There is no
technically feasible alternative to the use of mercury in the product; and
(3) There is no comparable
non-mercury-added product available at reasonable cost.
Prior to issuing an
exemption, the director shall consult with neighboring states and
provinces and regional organizations to promote consistency.
The state shall avoid, to the extent
feasible, inconsistencies in the implementation of this
section. Upon reapplication by the
manufacturer and findings by the director of continued eligibility
under the criteria of this
subsection and of compliance by the manufacturer with the
conditions of the director's original
approval, an exemption may be renewed one or more times and
each renewal may be for a period
of no longer than five (5) years.
SECTION 2. This act shall take effect upon passage.
=======
LC00848
=======