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 Policies & LegislationMercury and Product StewardshipOther US StatesA B C D E F G H I J K L M N O P Q R S T U V W X Y Z
The bill would also set a minimum financial incentive of $5.00 for the return of each mercury thermostat to a collection point participating in the program. Manufacturers must also fulfill obligations regarding education and outreach about the thermostat collection and recycling program to retailers, technicians, wholesalers and consumers. The bill was introduced on February 19, 2009 and was referred to the Rules Committee on May 31, 2009. House Bill 2551 was signed into law August 2004 as Public Act 93-0964. According to the bill, distribution of mercury switches and relays, individually or as a product component will be banned after July 1, 2007. Manufacturers of mercury switches and relays, scientific equipment, or instruction equipment may apply for an exemption. The Mercury Fever Thermometer Prohibition Act, signed in July of 2003, prohibits the sale, distribution and manufacture of mercury fever thermometers and mercury-added novelty products after July 1, 2004, but exempts thermometers sold or provided to be used in health care facilities.
Manufacturers are required to collect mercury-added thermostats at designated collection points including thermostat retailers and wholesalers at no direct costs. Contractors and service technicians who replaced mercury-added thermostats from residents are required to deliver them to an appropriate collection point. Manufacturers must implement an education campaign to inform thermostat wholesalers, retailers, contractors, and homeowners how and where to use the manufacturer's recovery services. Recovery programs are allowed to include a mail-back option in addition to physical locations. Manufacturers have the ability to create joint programs with other manufacturers as long they meet the standards required in the legislation. To measure performance, manufacturers are required to report annually to the state environmental agency. Reports must describe the number of mercury-added thermometers collected by the manufacturer, the estimated amount of mercury contained in the thermometers, a list of participating wholesalers and collection points, an evaluation of the effectiveness of the program and description of operational costs incurred by the recovery system. See the bill's legislative history for more information.
LD 973 requires the Department of Environmental Protection to submit a report by January 1, 2010 to the Joint Standing Committee on Natural Resources on the recycling of mercury-added lamps from businesses, and it authorizes the committee to submit legislation to implement the recommendations in the report. It also requires each manufacturer's recycling program issue an annual report covering the volume of material recycled, the effectiveness of the program to collect mercury-added lamps and recommendations for improving the amount collected. LD 1792, signed into law as Chapter 558 on April 10 2006, requires manufacturers to pay a minimum of $5 for each thermostat containing mercury brought to a state-approved collection site. The bill requires manufacturers to report annually to the joint standing committee of the Legislature and to the Department of Environmental Protection on the results of the thermostat collection and recycling efforts beginning January 1, 2007. Visit the Product Stewardship Institute Web site for more information and a fact sheet. LD 1058, signed into law as Chapter 509 on March 27, 2006, bans the disposal of mercuric oxide containing button cell batteries, including novelties with batteries that contain mercury, in landfills, incinerators or by other means in which the mercury would be released to the environment. It requires retailers to take-back used batteries from consumers. LD 743, signed into law in May of 2003, bans the incineration and landfilling of electronic equipment, in part due to the mercury in these products. Requires the elimination of mercury in electronics sold in Maine by 2006. Unless proven otherwise, mercury-contaminated soil near landfills is presumed to be polluted by electronics. LD 1159, signed into law in May of 2003 and known as An Act to Reduce Mercury Use in Measuring Devices and Switches, bans the sale of mercury thermostats as of January 1, 2006 and other mercury devices including barometers; esophageal dilators, bougie tubes and gastrointestinal tubes; flow meters; hydrometers; hygrometers and psychrometers; specified manometers; pyrometers; sphygmomanometers; and specified thermometers. Prior to the ban, the Maine Department of Environmental Protection commissioned the Lowell Center for Sustainable Production to publish the report An Investigation of Alternatives to Mercury Containing Products (PDF file, 404KB).
Manufacturers must also pay a fee for each switch removed. In addition, by December 31, 2010, a vehicle recycler must remove all mercury switches and assemblies identified in the plan from vehicles in its inventory as of September 30, 2009. The “capture rate” goal must be at least 90% for mercury switch or assembly removal in 2010.
The law requires manufacturers to notify the Massachusetts Department of Environmental Protection (MassDEP) regarding products containing mercury and establish collection and recycling programs throughout the state. Specific measuring devices that contain mercury cannot be sold in the state after May 1, 2008 including thermostats and other medical devices. Switches and relays that contain mercury cannot be sold in Massachusetts after May 1, 2009. Specific requirements for vehicle switches include banning the sale of cars made after January 1, 2007 with mercury-containing switches, banning the use of mercury switches when replacing switches, requiring that mercury-added components be removed from vehicles before they are crushed and/or shredded, prohibiting vehicle shredding facilities from accepting vehicles that contain mercury switches unless the shredder removes the switches, and requiring auto manufacturers to implement plans for collecting and recycling mercury switches. These plans must capture at least 90% of the mercury switches from end-of-life vehicles, and must include financial incentives for vehicle recyclers to remove the switches. By January 1, 2007, manufacturers of lamps that contain mercury must have implemented a plan for educating users about recycling end-of-life lamps. The law establishes recycling targets for mercury-containing lamps: 30 percent by December 2008, 40 percent by December 2009, 50 percent by December 2010, and 70 percent by December 2011 and each year thereafter. If recycling efforts do not meet these targets, the law requires lamp manufacturers to provide up to $1 million per year to MassDEP for grants to municipalities and/or regional authorities that are collecting and recycling mercury-containing lamps. See the Massachusetts Department of Environmental Protection for more information or view the Mercury Management Act summary (PDF file, 46KB).
The bill would also require that manufacturers register fluorescent or high-intensity discharge lamps with the Pollution Control Agency before selling their products in the state of Minnesota and annually report to the agency the number of lamps sold in-state. In addition, the bill would impose a penalty on any manufacturer that fails to meet the established recycling requirements and allocates the revenues from those penalties. For more details on HR 606, see the Minnesota State Legislature House Bill Information Web site, where you can check on the status of the bill and read the full text. SF 1085, signed into law on May 21, 2007 as Session Law Chapter 109, prohibits and modifies restrictions on the sale, use and disposal of certain mercury-containing products, including thermostats, switches and relays. The bill also regulates the disposal of fluorescent and high intensity discharge lamps. Additionally, the bill requires manufacturers to label fluorescent light bulbs containing mercury.
Manufacturers of mercury-added thermostats are required to, individually or collectively, establish and maintain a collection and recycling program for out-of-service mercury-added thermostats from contractors, service technicians, and residents. Manufacturers are required to provide assistance and education to contractors, service technicians, residents, and municipalities to encourage the return of mercury-added thermostats to established recycling collection points. Participation in the program involves no direct cost to wholesalers, contractors, service technicians or residents. For each collection program, the manufacturers are required to report the number of mercury-added thermostats collected and recycled during the previous year, the estimated total amount of mercury contained in the mercury components collected, an evaluation of the collection and recycling program, and a report of the administrative costs incurred by managing the collection and recycling program. View the bill's legislative history for more information.
The bill would require manufacturers to be financially responsible for their programs, including reimbursement of vehicle recyclers at two dollars per switch and the Department at twenty five cents per switch. Manufacturers would also be required to meet capture rates established by the Department. The bill was referred to the Environmental Conservation Committee on January 9, 2008. View updated bill status for more details.
In October 2009, the Department of Environmental Protection of Pennsylvania announced that it has approved two product stewardship plans for recycling mercury-containing thermostats. One plan was submitted by the non-profit organization, Thermostat Recycling Corporation (TRC), who adminsters mandatory recycling programs for mercury containing thermostats in several other states. Another plan was submitted by the EWC Controls of Englishtown, New Jersey that applies only to its products which are thermostats that have been resold back into the market. Programs must not charge a collection fee to contractors, service technicians and homeowners when collecting out-of-service mercury thermostats. Manufacturers can charge a fee to retailers, wholesalers and contractors to offset the cost of each collection bin at each collection location. Manufacturers are also required to provide educational material to encourage the return of mercury thermostats at participating collection locations. By December 8, 2009 all mercury thermostats are banned from being sold within the state and retailers and wholesalers are banned from selling thermostats unless they act as a collection point for mercury thermostats. Mercury thermostats are also banned from waste disposal facilities.
The bill bans the disposal of mercury-added products in landfills and incinerators, requires source separation of discarded mercury added products, and requires solid waste management facilities to inform customers of disposal bans and collection programs for mercury-added products. Manufacturers of mercury-added products are required to provide notice and report on total mercury contained in certain products. Moreover, it requires the agency of natural resources to conduct a study of methods to remove mercury-added components from automobiles, appliances, and other equipment at solid waste management facilities and metal salvaging businesses. |
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