Mercury Thermostat Collection / EPR law

2010 -- H 7199 ======= LC00596 ======= STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2010 ____________ A N A C T RELATING TO HEALTH AND SAFETY - MERCURY REDUCTION AND EDUCATION ACT Introduced By: Representatives Malik, McNamara, Gablinske, and Walsh Date Introduced: January 26, 2010 Referred To: House Environment and Natural Resources It is enacted by the General Assembly as follows: SECTION 1. Sections 23-24.9-2, 23-24.9-3, 23-24.9-6, 23-24.9-9 and 23-24.9-10 of the 1 General Laws in Chapter 23 -24.9 entitled "Mercury Reduction and Education Act" are hereby 2 amended to read as follows: 3 23-24.9-2. Findings. -- The general assembly has found and hereby declares that: 4 (1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment; 5 (2) Mercury deposition has proven to be a significant problem in the northeastern United 6 States; 7 (3) Consumption of mercury -contaminated freshwater fish poses a significant public 8 health threat to the residents of Rhode Island; 9 (4) In order to address these real threats to public health and the environment, the state 10 has been and should continue to actively cooperate with other states in the region to help 11 minimize harm resulting from mercury in food, soil, air and water; and 12 (5) According to a 2004 study by the U.S. environmental protection agency titled 13 "International mercury market study and the role and impact of U.S. environmental policy," more 14 than ten percent (10%) of the estimated mercury reservoir in the United States is in thermostats; 15 (6) In 1998, thermostat manufacturers general electric, Honeywell, and White Rodgers 16 established the thermostat recycling corporation "(TRC)", a non -profit corporation to facilitate 17 recycling of mercury thermostats nationwide. The TRC originally operated solely through 18 2 wholesalers but has since expanded to enable collection by contractors, household hazardous 1 waste facilities, and retailers. The TRC is a voluntary program in most states, but several state s 2 make wholesalers participation in the TRC, or a similar program, a requirement under state law. 3 (7) The manufacturers of mercury -containing thermostats, with the cooperation of the 4 department, should be encouraged to submit a single unified plan for the collection of mercury-5 containing thermostats, the cost of which should be appropriately apportioned between 6 participating manufacturer; and 7 (5) (8) The intent of this chapter is to achieve significant reductions in environmental 8 mercury by encouraging the establishment of effective waste reduction, recycling, management 9 and education programs. 10 23-24.9-3. Definitions. -- For the purpose of this chapter: 11 (1) "Component" means a mercury -added product which is incorporated into another 12 product to form a fabri cated mercury -added product, including, but not limited to, electrical 13 switches and lamps. 14 (2) "Department" means the department of environmental management. 15 (3) "Director" means the director of the department of environmental management or any 16 subordinate or subordinates to whom the director has delegated the powers and duties vested in 17 him or her by this chapter. 18 (4) "Fabricated mercury-added product" means a product that consists of a combination 19 of individual components that combine to make a single unit, including, but not limited to, 20 mercury-added measuring devices, lamps and switches to which mercury or a mercury compound 21 is intentionally added in order to provide a specific characteristic, appearance, or quality, or to 22 perform a specific function or for any other reason. 23 (5) "Formulated mercury -added product" means a product that includes, but is not 24 limited to, laboratory chemicals, cleaning products, cosmetics, pharmaceuticals and coating 25 materials that are sold as a consistent mixture of chemic als to which mercury or a mercury 26 compound is intentionally added in order to provide a specific characteristic, appearance, or 27 quality, or to perform a specific function or for any other reason. 28 (6) "Healthcare facility" means any hospital, nursing home, extended care facility, long-29 term care facility, clinical or medical laboratory, state or private health or mental institution, 30 clinic, physician's office or health maintenance organization. 31 (7) "Manufacturer" means any person, firm, association, partner ship, corporation, 32 governmental entity, organization, combination or joint venture that produces a mercury -added 33 product or an importer or domestic distributor of a mercury-added product produced in a foreign 34 3 country. In the case of a multi -component mercury-added product, the manufacturer is the last 1 manufacturer to produce or assemble the product. If the multi-component product is produced in 2 a foreign country, the manufacturer is the importer or domestic distributor. In the case of 3 mercury-containing thermostats, the manufacturer is the original equipment manufacturer who 4 sells or sold a mercury-containing thermostat under a brand or label it owns, or is or was licensed 5 to use a mercury-containing thermostat produced by other suppliers.. 6 (8) "Mercury -added button cell battery" means a button cell battery to which the 7 manufacturer intentionally introduces mercury for the operation of the battery. 8 (9) "Mercury -added novelty" means a mercury -added product intended mainly for 9 personal or household enjoyment or adornment. Mercury -added novelties include, but are not 10 limited to, items intended for use as figurines, adornments, toys, games, cards, ornaments, yard 11 statues and figures, candles, jewelry, holiday decorations, items of apparel (including footwear), 12 or similar products. 13 (10) "Mercury-added product" means a product, commodity, chemical or a product with 14 a component that contains mercury or a mercury compound intentionally added to the product, 15 commodity, chemical or component in order to provide a spe cific characteristic, appearance, or 16 quality, or to perform a specific function or for any other reason. These products include 17 formulated mercury-added products and fabricated mercury-added products. 18 (11) "Mercury fever thermometer" means a mercury -added product that is used for 19 measuring body temperature. 20 (12) "Mercury-containing thermostat" means a product or device that uses a mercury 21 switch to sense and control room temperature through communication with heating, ventilating, 22 or air-conditions equipment. "Mercury-containing thermostat" includes thermostats used to sense 23 and control room temperature in residential, commercial, industrial, and other buildings but does 24 not include a thermostat used to sense and control temperature as part of a manufacturing process. 25 (13) "Person" means an individual, trust, firm, joint stock company, corporation 26 (including a government corporation), partnership, association, the federal government or any 27 agency or subdivision thereof, a state, municipality, commission, political subdivision of a state, 28 or any interstate body. 29 (14) "Thermostat retailer" means a person who sells thermostats of any kind directly to 30 homeowners or other nonprofessionals through any selling or distribution mechanism, including, 31 but not limited to, sales using the internet or catalogues. A retailer may also be a wholesaler if it 32 meets the definition of wholesaler. 33 (15) "Thermostat wholesaler" means a person that is engaged in the distribution and 34 4 wholesale sale of thermostats and other heating, ventilation, and air-conditioning components to 1 contractors who install heating, ventilation, and air-conditioning components. 2 23-24.9-6. Restrictions on the sale of certain mercury-added products. -- (a) No later 3 than January 1, 2003, no mercury -added nove lty shall be offered for final sale or use or 4 distributed for promotional purposes in Rhode Island. Manufacturers that produce and sell 5 mercury-added novelties must notify retailers about the provisions of this product ban and how to 6 dispose of the remaining inventory properly. The requirements of this section shall apply to all 7 mercury-added novelties irrespective of whether or not the product is exempt from the phase-out 8 requirements of section 23-24.9-11. 9 (b) No mercury fever thermometer may be distribu ted, sold or offered for sale in this 10 state on or after January 1, 2002, except by prescription. As used in this section, the term 11 "mercury fever thermometer" includes any device containing mercury in which the mercury is 12 used to measure the internal body temperature of a person. This restriction shall not apply to 13 digital thermometers utilizing mercury-added button cell batteries. The manufacturers of mercury 14 fever thermometers shall supply clear instructions on the careful handling of the thermometer to 15 avoid breakage and proper cleanup should a breakage occur with all mercury fever thermometers 16 sold through prescription. Mercury fever thermometers manufacturers must also comply with 17 sections 23-24.9-5 and 23-24.9-7 -- 23-24.9-10. 18 (c) After January 1, 2003, no school in Rhode Island may use or purchase for use in a 19 primary or secondary classroom, bulk elemental or chemical mercury, or mercury compounds. 20 Manufacturers that produce and sell such materials must notify retailers about the provisions of 21 this ban and how to dispose of the remaining inventory properly. Other mercury -added products 22 that are used by schools are not subject to this prohibition. 23 (d) Button cell batteries. - After June 30, 2011 a person may not sell or offer to sell or 24 distribute for promotional purposes a mercury-added cell battery for consumer use or a product 25 for consumer use that contains a mercury-added button cell battery. 26 (e) Commencing April 1, 2011, the following sales prohibitions shall apply to 27 manufacturers, thermostat wholesalers, and thermostat retailers: 28 (1) A manufacturer not in compliance with section 23 -24.9-10.2, is prohibited from 29 offering any thermostat for final sale in the state, selling any thermostat at final sale in the state or 30 distributing any thermostat in the state. 31 (2) By January 1, 2012, a thermostat wholesaler shall not offer for final sale, sell at final 32 sale or distribute any thermostat unless the wholesaler: 33 (i) Acts as a collection site for thermostats that contain mercury; and 34 5 (ii) Promotes and utilizes the collection containers provided by thermostat manufacturers 1 to facilitate a contractor collection program as established by section 23-24.9-10.2, and performs 2 all other tasks as needed to establish and maintain a cost -effective manufacturer collection and 3 financial incentive program. 4 (3) By April 1, 2012, a thermostat retailer shall not offer for final sale, sell, or distribute 5 any thermostat in the state unless the thermostat retailer participates in the manufacturers' 6 education and outreach progra m to educate consumers on the collection program for mercury 7 thermostats as described in section 23-24.9-10.2. 8 (4) A thermostat wholesaler or thermostat retailer shall not offer for final sale, sell at final 9 sale, or distribute in this state any thermostat of a manufacturer that is not in compliance with 10 section 23-24.9-10.2. 11 23-24.9-9. Disposal ban. -- (a) Except as otherwise provided for in this chapter, after 12 July 1, 2006, no person shall dispose of mercury -added products in a manner other than by 13 recycling or disposal as hazardous waste. Mercury from mercury -added products may not be 14 discharged to water, wastewater treatment, and wastewater disposal systems except when it is 15 done in compliance with local, state, and federal applicable requirements. 16 (b) If a formulated mercury -added product is a cosmetic or pharmaceutical product 17 subject to the regulatory requirements relating to mercury of the federal Food and Drug 18 Administration, then the product is exempt from the requirements of this section. 19 (c) This section shall not apply to: (1) anyone who disposes of a mercury -added button 20 cell battery; or (2) mercury-added components as contained in motor vehicles except as provided 21 in subdivision 23-24.9-10(b)(2) and in accordance with such regulations as may be adopted by 22 the department in order to achieve the purposes of subdivision 23 -24.9-10(b)(2); and (3) 23 households disposing of lamps and products containing lamps. 24 (d) The restrictions on the disposal of mercury-added components in motor vehicles shall 25 be as set forth in subsection (a) of this section effective January 1, 2006, and shall be 26 implemented as provided for in subdivision (c)(2) of this section and subdivision 23 -24.9-27 10(b)(2). 28 (e) The restrictions on amalgam waste recycling and disposal shall be implemented as 29 provided for in section 23-24.9-9.3. 30 (f) Any contractor who replaces a mercury -containing thermostat from a building shall 31 deliver the mercury -containing thermostat to an appropriate wholesaler, retailer or municipal 32 collection location for recycling. 33 (g) Any contractor who demolishes a building shall remove any mercury -containing 34 6 thermostats from the building prior to demolition and shall deliver the mercury - containing 1 thermostats to an appropriate, wholesaler, retailer or collection location for recycling. 2 23-24.9-10. Collection of mercury-added products. -- (a) After January 1, 2006, no 3 mercury-added product shall be offered for final sale or use or distribution for promotional 4 purposes in Rhode Island unless the manufacturer, either on its own or in concert with other 5 persons, has implemented a system, after review and approval of the director, for the convenient 6 and accessible collection of such products when the consumer is finished with them. Where a 7 mercury-added product is a component of another product, the collection system must provide for 8 removal and collection of the mercury-added component or collection of both the mercury-added 9 component and the product containing it. Mercury-added components in motor vehicles shall be 10 collected and recycled as provided for in subdivision (b)(2) of this section. Mercury-containing 11 thermostats shall be collected and recycled as provided for in section 23-24.9-10.2. 12 (b) (1) This section shall not apply to the collection of mercury -added butto n cell 13 batteries or mercury-added lamps or products where the only mercury contained in the product 14 comes from a mercury-added button cell battery or a mercury-added lamp; and 15 (2) Mercury-added components in motor vehicles at end -of-life shall be collecte d and 16 recycled as provided in this subsection. Significant, willful failure to comply with rules and/or 17 regulations to implement the provisions of this section shall constitute, as may be determined by 18 the department, a violation of the ban established in section 23-24.9-9. No scrap recycling facility 19 or other person that receives a flattened, crushed or baled end -of-life vehicle shall be deemed to 20 be in violation of subdivision 23 -24.9-10(b)(2) and rules and regulations pursuant thereto or 21 section 23-24.9-9 if a mercury switch is found in the vehicle after its acquisition. 22 For the purposes of subdivision 23 -24.9-10(b)(2) the following terms shall have the 23 following meanings: (i) "Capture rate" means the annual removal, collection, and recovery of 24 mercury switches, as a percentage of the total number of mercury switches available for removal 25 from end -of-life vehicles as determined by the department of environmental management. 26 Capture rate shall not include mercury switches that are inaccessible due to significant damage to 27 the motor vehicle in the area where the mercury switch is located; (ii) "Mercury added 28 component" or "Mercury switch" means a mercury-added convenience light switch assembly or 29 capsule from an end-of-life motor vehicle; (iii) "Scrap recycling facility" means a fixed location 30 where machinery and equipment are utilized for processing and manufacturing scrap metal into 31 prepared grades and whose principal product is scrap iron, scrap steal, or nonferrous metallic 32 scrap for sale for remelting purposes; and (iv) "Vehicle recycler" means and individual or entity 33 licensed under the provisions of section 42 -14.2-3 that engages in the business of acquiring, 34 7 dismantling, parts recycling from, or destroying six (6) or more end-of-life vehicles in a calendar 1 year. 2 (A) Manufacturers of motor vehicles sold in Rhode Island that contain mercury switches 3 shall, individually or collectively, establish and implement a collection program for mercury 4 switches to achieve a capture rate of not less than fifty percent (50%) for calendar year 2006, and 5 not less than seventy percent (70%) for calendar year 2007 and each calendar year thereafter 6 through calendar year 2017. 7 (B) The department shall develop, issue, administer and enforce regulation compelling 8 the manufact urers of motor vehicles sold in Rhode Island that contain mercury switches to 9 undertake a collection program as set forth in this subparagraph, 23 -24.9-10(b)(2)(B). The 10 department shall determine that the capture rate in each year of the program and shall access 11 whether any failure to achieve the capture rate was the result of a force-majeure. The department 12 shall report publicly on or before March 31, each year its findings with regard to the capture rate 13 during the prior year. The manufacturer or manufacturers shall pay the total cost of the removal, 14 replacement, collection and recovery system for mercury switches, under this subparagraph, 23-15 24.9-10(b)(2)(B), to the vehicle recycler or scrap recycling facility that removed the switch. The 16 total cost shall include, but not be limited to a minimum of five dollars ($5.00) for each mercury 17 switch removed by a vehicle recycler or by a scrap recycling facility, as partial compensation for 18 the labor and other costs incurred in the removal of the mercury switch. 19 (3) The provisions of subdivision 23-24.9-10(b)(2) shall satisfy collection programs and 20 disposal requirements for mercury switches for all motor vehicles sold in the state. 21 SECTION 2. Chapter 23 -24.9 of the General Laws entitled "Mercury Reduction and 22 Education Act" is hereby amended by adding thereto the following sections: 23 23-24.9-10.2. Mercury-containing thermostats. – (a) Manufacturer responsibility. Each 24 thermostat manufacturer that has offered for final sale, sold at final sale, or has distributed 25 mercury-containing thermostats in Rhode Island shall, individually or collectively: 26 (1) No later than September 1, 2011, submit a plan to the department for approval that 27 describes a collection program for mercury thermostats. The program contained in this plan shall 28 ensure that the following take place: 29 (i) That an effective education and outreach program shall be developed, and shall be 30 directed toward wholesalers, retailers, contractors, and homeowners. There shall be no direct cost 31 to thermostat wholesalers, thermostat retailers or contractors for participating in the program, 32 except that thermostat wholesalers, thermostat retailers and contractors may be assessed a 33 nominal, one-time administrative fee to offset the cost of each collection bin for each col lection 34 8 location of out-of-service mercury thermostats as specified in the plan. Information and education 1 on proper management and recycling of mercury thermostats shall be provided to contractors, 2 service technicians, wholesalers, retailers adopted by th e department, and provided for without 3 cost to thermostat retailers, wholesalers, contractors nonprofessionals and homeowner, except as 4 provided in paragraphs (iii) of this section. 5 (ii) That the handling, transportation and recycling of mercury-containing thermostats is 6 accomplished in a manner that is consistent with the provisions of the universal waste rules 7 adopted by the department, and provided for without cost to thermostat retailers, wholesalers, 8 contractors, nonprofessionals, and homeowners, exce pt as provided in paragraphs (iii) of this 9 section. 10 (iii) That collection systems are provided to all collection points registered pursuant to 11 subdivision 23-24.9-10.2(b)(3). Collection systems can include individual product mail back or 12 multiple collection containers. The cost to registered collection points shall be limited to an 13 initial, reasonable one-time fee per container as specified in the plan. 14 (2) No later than January 1, 2012, implement a mercury thermostat collection plan 15 approved by the departm ent under subsection 23 -24.9-10.2(b) for thermostats collected by 16 contractors or service technicians, and no later than April 1, 2011 implement an approved 17 mercury thermostat collection plan for thermostats collected by homeowners or nonprofessionals. 18 (3) Beginning in 2013, submit an annual report to the department by April 1, of each year 19 that includes, at a minimum, all of the following: 20 (i) The number of mercury -containing thermostats collected and recycled by that 21 manufacturer pursuant to this section during the previous calendar year and the number for each 22 state within the United States. 23 (ii) The estimated total amount of mercury contained in the thermostat components 24 collected by that manufacturer pursuant to this section in the previous calendar yea r, and the 25 amount for each state within the United States. 26 (iii) An evaluation of the effectiveness of the manufacturer's collection program and the 27 financial incentive. 28 (iv) An accounting of the administrative costs incurred in the course of administering the 29 collection and recycling program and the financial incentive plan. 30 (b) Department responsibilities. 31 (1) Within sixty (60) days of receipt of a collection plan from a manufacturer, the 32 department shall review and may grant, deny, or approve with modifications a manufacturer plan 33 required by subdivision 23-24.9-10.2(a)(1). The department shall not approve a plan unless all 34 9 elements of subdivision 23 -24.9-10.2(a)(1) are fully and adequately addressed. In reviewing a 1 plan, the department may consider consistency of the plan with collection and financial incentive 2 requirements in other states and consider consistency between manufacturer collection programs. 3 In reviewing plans, the department shall ensure that education and outreach programs are uniform 4 and consistent to ensure ease of implementation by thermostat wholesalers and thermostat 5 retailers. In the event that a total of more than five (5) manufacturer plans are submitted to 6 comply with this law, the department may develop a schedule for the plan ap proval process 7 which is longer than sixty (60) days. 8 (2) The department shall establish a process under which a plan submitted by a 9 manufacturer is, prior to plan approval, available for public review and comment for fourteen (14) 10 days. The department sha ll consult with interested persons, including representatives from 11 thermostat manufacturers, environmental groups, thermostat wholesalers, thermostat retailers, 12 service contractors, municipalities, and solid waste districts. 13 (3) Registered collection points. The department shall maintain and post on their website 14 a list of municipalities, thermostat retailers and any other locations that are registered collection 15 points for mercury thermostats. 16 (4) Education and outreach. In conjunction with the educational and outreach programs 17 implemented by manufacturers, the department may conduct an education and outreach program 18 directed toward wholesalers, retailers, contractors, and homeowners to promote the collection of 19 discarded mercury-containing thermostats. 20 (5) Rate of collection. By June 1, 2011, the department shall promulgate regulations 21 pursuant to section 23 -24.9-20 that: (i) estimate the number of out -of-service thermostats 22 becoming waste in Rhode Island on an annual basis, in consultation with interest ed persons, 23 including representatives from thermostat manufacturers, thermostat wholesalers, thermostat 24 retailers, service contractors, environmental groups, and municipalities, and (ii) establish 25 performance requirements that specify collection rates expressed as a percentage of out-of-service 26 mercury thermostats becoming waste annually as determined in (i) above. Beginning January 1, 27 2012, collection efforts shall result in the collection and recycling of out -of service mercury -28 containing thermostats in the state at the rate determined by the department in (ii) above. Should 29 collection efforts fail to result in the collection and recycling of the minimum required collection 30 rate in any given year, the department shall, in consultation with interested perso ns, require 31 modifications to manufacturer's collection plans, including establishment of and adjustments to 32 the financial incentive provided for in section (c) below, in an attempt to improve collection rates 33 in accordance with these goals. 34 10 (c) Financial incentive. In the event that the rate of collection established by the 1 department pursuant to subdivision (b)(5) is not achieved in any given year, then a financial 2 incentive shall be established to achieve the rate of collection defined by the department. 3 (1) The department shall notify all thermostat manufacturers that participate in a 4 collection program in this state that a financial incentive must be included in the collection 5 program plans submitted and approved by the department. Every thermostat manu facturer as 6 defined in subdivision 23-24.9-3(7) shall amend its collection program plan to include a financial 7 incentive within six (6) months of receipt of notice from the department that the collection rate 8 was not achieved for the year. Every thermostat manufacturer shall implement the financial 9 incentive within ten (10) months of receipt of notice from the department that the collection rate 10 was not achieved for the year. 11 (2) The financial incentive shall have a minimum value of five dollars ($5.00) for the 12 return of each mercury -containing thermostat to a thermostat wholesaler by a contractor or 13 service technician. The financial incentive shall be in the form of cash or coupons that are 14 redeemable by the contractor or service technician. 15 (3) The financi al incentive shall have a minimum value of five dollars ($5.00) to 16 homeowners or nonprofessionals for the return of each mercury -containing thermostat to a 17 collection point registered with the department. The financial incentive shall be in the form of a 18 coupon that can be redeemed for a credit toward purchase of general merchandise in the retail 19 location where the thermostat was returned. The department may provide exemptions from this 20 subsection for certain collection programs that are offered to homeowne rs and nonprofessionals 21 including, but not limited to, municipal and state household hazardous waste collection programs. 22 23-24.9-10.3. Sunset provisions. – The department shall review the provisions of section 23 23-24.9-10.2 no later than September 1, 2017 to determine if the provisions of said section shall 24 sunset and the appropriate date for such action. The department shall make such a determination 25 based on the best available data pertaining to the remaining number of out -of-service mercury-26 containing thermostats and the collection rates achieved under the provisions. The department 27 shall report to the general assembly no later than January 1, 2018 as to the determination made by 28 the department. If the department determines that the provisions of section 23-24.9-10.2 shall 29 continue then the department shall subsequently review the provisions of said section no later 30 than September 1, 2020 and every two (2) years thereafter until such provisions are no longer 31 required and the department shall report such f indings to the general assembly for purposes of 32 repealing the section 33 11 SECTION 3. This act shall take effect upon passage, and would sunset under certain 1 circumstances. 2 ======= LC00596 ======= 12 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO HEALTH AND SAFETY - MERCURY REDUCTION AND EDUCATION ACT *** This act would revise the mercury reduction and education act in order to require 1 thermostat manufacturers to submit plans for the collection and disposal of mercury thermostats. 2 This act would take effect upon passage, and would sunset under certain circumstances. 3 ======= LC00596 =======