MERCURY REDUCTION & EDUCATION LEGISLATION IN THE IMERC –MEMBER STATES

Prepared by Terri Goldberg and Mary Kozik, NEWMOA

November 2006

Beginning in 1999 many states began pursuing legislation focusing on reducing mercury in products and waste. Since then states legislatures and governors have enacted a number of laws designed to reduce mercury releases to the environment attributable to products. The key goals of these efforts are to make information readily available to the public about mercury-added products; reduce unnecessary uses of mercury-added products where environmentally preferable alternatives exist; and increase the proper collection and recycling of mercury-added products.

Table 1 summarizes the Mercury Education and Reduction Legislation that has been enacted by the Interstate Mercury Education and Reduction Clearinghouse (IMERC) member states as of October 2006. The states that are members of IMERC include California, Connecticut, Illinois, Maine, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Rhode Island, Vermont, and Washington State. For more information about IMERC visit http://www.newmoa.org/prevention/mercury/imerc.cfm. The following sections summarize the legislation that has been enacted by each of the IMERC-member states in alphabetical order by state.

California

In September 2005 California enacted a law that:

· prohibits the sale of mercury-added switches and relays with the opportunity for applying for an exemption;

· bans the sale of gas ovens with mercury-added diostats (or flame sensors) after January 1, 2008; and

· bans the sale of various mercury-added measuring devices, including barometers, flow meters, hydrometers, various gastrointestinal and medical tubes, manometers, pyrometers, blood pressure cuffs, and thermometers.

There are various exemptions and exceptions to these restrictions.

See Assembly Bill 1415, Chapter 578, and Statutes of 2005 for details on the law.

For more information visit:

http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_1401-1450/ab_1415_bill_20051006_chaptered.html

Connecticut

In 2002 Connecticut enacted a law that:

· implements a phase-out of many mercury-added products – effective July 1, 2006 the sale or distribution of mercury-added products containing more than one hundred milligrams or 50 parts per million of mercury is prohibited (with some exceptions for mercury-containing lamps), unless the product is specifically exempted from the statutory phase-out requirements (products subject to this phase-out under these provisions include household mercury thermostats, various chemical reagents, and mercury added switches including float switches and pressure switches),

· requires product labeling for most mercury-added products,

· bans the sale or distribution of certain mercury products,

· requires the manufacturers to initiate collection programs for many mercury-added products,

· establishes best management practices for dentists, and

· limits the sale of elemental mercury.

See CGS Chapter 446m for details on the law.

The Connecticut Department of Environmental Protection (CT DEP) has allowed for some limited exemptions from the phase-out requirements in accordance with the law for certain replacement parts and safety components where an effective mercury-free alternative is not currently available. Examples of these products include certain mercury relays, flame sensors, anti-lock brake sensors as replacement parts, and silver oxide batteries used in satellite systems.

In 2006 Connecticut enacted additional mercury products legislation that:

· establishes Universal Waste Rule requirements for mercury containing equipment,

· bans the use of mercury in button cell batteries by July 1, 2011,

· extends the exemption date for phase-out requirements for mercury-containing lamps to 2013,

· exempts button cell batteries from collection plan requirements,

· changes the product labeling requirements for luminaries,

· requires mercury-added lamps to be labeled,

· restricts mercury use in packaging, and

· includes a penalty provisions for the mercury-added provisions of the state law.

See Connecticut Public Act 06-181 for more details.

For more information visit: http://www.ct.gov/dep/cwp/view.asp?a=2708&q=324010&depNav_GID=1638

Illinois

In 2003 Illinois enacted a law that:

· bans the sale of mercury fever thermometers and novelty items effective July 1, 2004,

· prohibits the giving of these items as a gift or promotional items, including fever thermometers distributed in maternity or new baby kits, and

· bans manufacturing of mercury fever thermometers effective July 1, 2004.

See Illinois Public Act 093-0165 for more details.

In 2004 Illinois enacted a law that:

· bans the sale and distribution of mercury-added switches and relays individually or as a product component with some exemptions effective July 1, 2007;

· requires manufacturers of mercury switches and relays, scientific equipment, or instruction equipment to apply for an exemption by July 1, 2006;

· bans the purchase or acceptance for use in primary and secondary schools bulk elemental mercury, chemicals containing mercury compounds, or instructional equipment or materials containing mercury added during their manufacture (exempts other products containing mercury added during their manufacture and measuring devices used as teaching aids) effective July 1, 2005;

· requires the Illinois Environmental Protection Agency to submit to the Governor and General Assembly a report that includes an evaluation of programs to reduce and recycle mercury from mercury thermostats and mercury vehicles and components and recommendations for altering the programs to make them more effective by January 1, 2005; and

· designates switches and relays and scientific instruments and instructional equipment containing mercury added during their manufacture as categories of universal waste.

See Illinois Public Act 093-0964 for more details.

In 2004 Illinois enacted the Mercury Switch Removal Act that:

· requires manufacturers of vehicles containing mercury switches to begin a mercury switch collection program that facilitates removal of mercury switches from end-of-life vehicles prior to processing these vehicles for recycling effective April 24, 2006,

· requires that mercury switches removed from vehicles be managed in accordance with the Illinois Environmental Protection Act and associated regulations, and

· requires the vehicle recyclers, crushers, and scrap metal recyclers that remove mercury switches to maintain records and make reports relating to the mercury switches removed.

See Illinois Public Act 094-0732 for more details.

For more information visit: http://www.ilga.gov/legislation/publicacts

Maine

From 2002 – 2006 Maine has enacted a number of mercury product laws that:

· require all dental offices to install amalgam separators effective December 31, 2004; if a separator was installed prior to March 20, 2003, it must achieve a minimum of 95 percent removal efficiency, while separators installed on or after that date must have a minimum of 98 percent removal efficiency, with efficiencies to be determined by ISO 11143 (see 38 MRSA §§ 1661 and 1667 for more details);

· require dental offices to prepare pollution prevention plan that includes options and strategies for source reduction by July 15, 2002 (see 38 MRSA §§ 1661 and 1667 for more details);

· ban the sale of mercury switches, relays and measuring devices with some exceptions effective July 1, 2006 – measuring devices include barometers, esophageal dilators, bougie tubes or gastrointestinal tubes, flow meters, hydrometers or psychrometers, pyrometers, manometers, sphygmomanometers, and thermometers (see 38 MRSA § 1661-C (6), (7) and (8) for more details);

· require all household cathode ray tube and flat panel displays greater than four inches to be recycled by July 20, 2006, in part due to the mercury in these products (see 38 MRSA §§ 1306(4) and 1610 for more details);

· require manufacturer to pay the costs of handling and recycling computer monitors and TVs effective February 2006 (see 38 MRSA §§ 1306(4) and 1610 for more details);

· prohibit the sale of a motor vehicle assembled after January 1, 2003 if it contains a mercury switch (see 38 MRSA § 1665-A for more details);

· require mercury switches and mercury headlamps to be removed from end-of-life vehicles before they are flattened or crushed (see 38 MRSA § 1665-A for more details);

· require automobile manufacturers to establish a statewide system to consolidate and recycle the switches; a 2006 amendment to this law increased the payment required by automakers for each switch returned for recycling from $1 to $4 if the vehicle identification number (VIN) of the source vehicle is provided; if the VIN of the source vehicle is not provided, no payment is required, but the manufacturers are responsible for recycling the mercury; (see 38 MRSA § 1665-A for more details);

· prohibit the sale of mercury-added thermostats effective January 1, 2006 (see 38 MRSA § 1661-C (5) for more details);

· prohibit the sale, use, or distribution of any product to which mercury is intentionally added effective of January 1, 2002 unless the manufacturer (or someone else) has notified the Maine Department of Environmental Protection as to the amount and purpose of the mercury (see 38 MRSA § 1661-A for more details);

· ban the sale or distribution of mercury-added fever thermometers and manometers of the type used in milking machines effective January 1, 2002 (see 38 MRSA § 1661-C (1) and (2) for more details);

· require mercury-added products sold in Maine after January 1, 2002 to have an identifying label (see 38 MRSA § 1662(1) and chapter 870 of the Department of Environmental Protection rules for more details);

· ban the sale of mercury-added button cell batteries effective June 30, 2011 (the delay will permit manufacturers to perfect the technology associated with mercury-free products and build production capacity) (see Sec. 1. 38 MRSA §1661 for more details); and

· require the Maine Department of Environmental Protection to file an interim report on the state of button battery technology in January 2009 in order to allow the legislature to assess whether a sufficient supply of mercury-free batteries will be available in advance of the 2011 ban (see Sec. 1. 38 MRSA §1661-C (9) and Public Law 2005 C.509 for more details).

Maine's mercury product laws are codified in Title 38, Chapter 16-B of the Maine Revised Statutes Annotated.

For more information visit: http://janus.state.me.us/legis/statutes/38/title38ch16-Bsec0.html

Massachusetts

In 2002 Massachusetts enacted a law that bans the sale of mercury-added fever thermometers.

See H3772 for details of the law.

In 2006 Massachusetts enacted a law – An Act Relative to Mercury Management – that:

· mandates manufacturers of mercury-added products to notify the Massachusetts Department of Environmental Protection (MA DEP) of components of their products that contain mercury and the amount of mercury in them through IMERC;

· requires product labeling for most mercury-added products, effective May 1, 2008;

· directs the MA DEP to implement a program to educate residents about proper disposal of mercury-added products;

· requires manufacturers selling mercury-added products in the state to set up and pay for collection programs for their end-of-life products, effective May 1, 2007;

· directs manufacturers to test and disclose the mercury content of certain products upon request by a health care facility;

· bans the disposal of mercury-added products in any manner other than recycling, disposal as hazardous waste, or another approved method;

· authorizes the state to participate in a multi-state clearinghouse, such as IMERC;

· eliminates the purchase of most mercury-added products in schools;

· bans the sale or distribution of motor vehicles containing one or more mercury-added switches effective January 1, 2007;

· prohibits the installation of mercury-added switches in motor vehicles, existing mercury-added switches requiring replacement must be replaced with a non-mercury alternative if available;

· requires vehicle manufacturers to set up a program to remove all mercury switches from end-of-life vehicles and requires all vehicle dismantlers and recyclers to remove mercury-added switches and devices prior to crushing or shredding;

· bans the sale, or offer to sell, mercury-added measurement devices, (with an allowance for exemptions); such as thermostats, barometers, esophageal dilators, bougie tubes or gastrointestinal tubes, flow meters, hydrometers, hygrometers or psychrometers, manometers, pyrometers, sphygmomanometers and basal thermometers effective May 1, 2008;

· bans the sale of mercury switches or relays (with an allowance for exemptions) individually or as components of other products effective May 1, 2009; and

· requires manufacturers of mercury-added lamps to implement a plan for educating users about recycling end-of-life lamps and meet specific recycling targets that increase over time.

See Chapter 190 of the Acts of 2006 for details.

For more information visit: http://www.mass.gov/legis/laws/seslaw06/sl060190.htm

Minnesota

Minnesota has enacted several statutes and promulgated regulations that prohibit:

· the disposal of mercury or a thermostat, electric switch, appliance, gauge, medical or scientific instrument, electric relay, or other electrical device into solid waste, a wastewater disposal system, solid waste processing facility, or solid waste disposal facility unless mercury is removed for reuse or recycling;

· the disposal of fluorescent or high intensity discharge lamps in solid waste or a solid waste facility other than a household hazardous waste collection or recycling facility;

· the sale or free distribution of mercury-containing thermometers manufactured after June 1, 2001 (exempts mercury thermometers with certain mercury-containing batteries; that are used for food research and development and food processing; that are part of animal agriculture climate control systems or industrial measurement systems; and that are used for calibration of other thermometers, apparatus, or equipment unless a non-mercury calibration standard has been approved);

· the sale or resale of toys and games containing mercury and clothing or wearing apparel that contains a mercury switch; and

· the sale, installation, or repair of mercury manometers on dairy farms.

See Minnesota Statutes 2001, sections 115A.932, 116.92 for details.

For more information visit: www.moea.state.mn.us/berc/WMA-hg-01.pdf

New Hampshire

In 2000 New Hampshire enacted a law that:

· bans the sale of mercury thermometers without a prescription;

· bans the sale of novelty items containing mercury such as games, toys, clothing and ornaments;

· limits the sale of elemental mercury to a few specific purposes;

· prohibits the use of mercury and mercury compound in science labs in grades K-12,

· requires that manufacturers of mercury-added products, such as fluorescent lamps, batteries, thermostats, and electrical switches, notify the state about the quantity of mercury contained in their products, and

· requires the New Hampshire Department of Environmental Service (NH DES) to create a public outreach and education program on the hazards of mercury and ways to reduce the amount of mercury going into the environment.

For more information visit: http://www.gencourt.state.nh.us/legislation/2000/HB1418.html

In 2002 New Hampshire enacted a law that:

· requires dentists and the NH Department of Health and Human Services to provide information on restorative dental materials, including mercury amalgams, and

· requires the NH Department of Environmental Services to adopt rules for the disposal of mercury amalgam waste in an environmentally-appropriate manner.

For more information visit: http://www.gencourt.state.nh.us/legislation/2002/HB1251.html.

New Jersey

In 2003 New Jersey passed a bill requiring the posting of mercury health warnings for pregnant women in doctor's offices.

See Bill S1202 for more details.

For more information visit: http://www.njleg.state.nj.us/2002/Bills/AL03/174_.PDF

In 2005 New Jersey passed the Mercury Switch Removal Act of 2005 that:

· requires automobile manufacturers to develop and fund a plan to remove mercury switches from end-of-life vehicles, and

· requires all scrap yards and automobile dismantlers to remove mercury switches from end-of-life vehicles before sending the auto scrap metal to iron and steel mills.

See P.L. 254, c.54 for more details.

For more information visit: http://www.njleg.state.nj.us/2004/Bills/PL05/54_.HTM

In 2005 New Jersey also passed a bill that bans the sale or promotional offer of mercury-added basal, oral, or rectal thermometers (this law does not apply to thermometers used in research and development, professional health care purposes, or for industrial, manufacturing, or commercial purposes).

For more information visit http://www.njleg.state.nj.us/2004/Bills/PL05/80_.HTM

New York

In 2002 New York State passed a law that:

· requires dentists to use pre-encapsulated elemental mercury; and

· requires dentists to recycle elemental mercury, mercury capsule waste, and dental amalgam based on rules and regulations established by the New York State Department of Environmental Conservation (NYS DEC) Commissioner.

The NYS DEC adopted regulations, 6NYCRR Subpart 374-4, Standards for the Management of Elemental Mercury and Dental Amalgam Wastes at Dental Facilities effective May 12, 2006. These regulations:

· prohibit the use of non-encapsulated elemental mercury in dental offices, and

· require dentists to recycle elemental or dental amalgam waste generated in their offices and provide management standards that must be met as required by statute.

For more information visit: http://www.dec.ny.gov/chemical/8513.html

In 2004 New York passed a law that:

· bans the sale of mercury-added novelty products effective January 1, 2005 (a product with solely a mercury-containing light screen display or a mercury-containing battery does not necessarily constitute a novelty item);

· bans the sale of mercury fever thermometers, except by prescription signed by a physician, effective January 1, 2005 (electronic fever thermometers that contain removable button cell batteries are exempt from this sales ban);

· bans the use and purchase of elemental mercury in primary and secondary schools effective September 4, 2004;

· bans the sale or distribution of elemental mercury without the final purchaser or recipient signing a statement that the purchaser will use the mercury only for medical, pre-encapsulated dental amalgam, research, or manufacturing purposes effective January 1, 2005;

· requires that all mercury-added products have a label informing the consumer that mercury is present in the product and that the product must be disposed of properly;

· bans the knowing or intentional disposal of mercury-added consumer products in solid waste landfills and incinerators effective in July 12, 2005 and creates an educational campaign on compliance with this requirement (certain products are exempt from this disposal ban, including fluorescent lamps generated by households and non-hazardous lamps generated by small businesses);

· requires the development and dissemination of information materials on the dangers of and the proper disposal of mercury-added consumer products;

· establishes an Advisory Committee on Mercury Pollution to review the laws effectiveness and make recommendations concerning the prevention and cleanup of mercury; and

· encourages the New York State Department of Environmental Conservation to coordinate its efforts with other states through a multi-state clearinghouse.

For more details see S. 7399B or Chapter 145, Laws of 2004.

For more information visit: http://www.dec.ny.gov/chemical/8853.html

In 2005 New York enacted a number of amendments to Chapter 145 under Chapter 676 that:

· requires disclosure of mercury content from manufacturers and trade associations;

· allows for uses of mercury-added consumer products that are a federal requirement;

· bans the sale or distribution of mercury barometers, esophageal dilators, bougie tubes, gastrointestinal tubes, flow meters, hygrometers, psychrometers and pyrometers effective January 1, 2006;

· bans the sale or distribution of mercury hydrometers and manometers effective January 1, 2007;

· bans the sale or distribution of mercury-added switches and relays, both individually and as components of another product, effective January 1, 2008; and

· requires that the Commissioner of the NYS Department of Environmental Conservation issue a written assessment of non-mercury alternatives for a number of products.

For more details see or Chapter 676, Laws of 2005.

For more information visit: http://www.dec.ny.gov/chemical/8853.html

In 2005, New York passed a law that:

· prohibits a person under three years of age and a woman who knows she is pregnant from a vaccination that contains more than 0.5 micrograms of mercury per 0.5 milliliter dose;

· allows a person under three years of age to be vaccinated with an influenza vaccine that contains not more than 0.625 micrograms of mercury per 0.25 milliliter dose;

· allows a woman who knows she is pregnant to be vaccinated with an influenza vaccine that contains not more than 1.25 micrograms of mercury per 0.50 milliliter dose;

· allows the commissioner to authorize vaccines containing higher mercury levels if it is necessary to prevent or respond to an outbreak of disease and there are insufficient amounts of vaccine containing the lower levels of mercury; and

· allows the commissioner to authorize vaccines containing higher mercury levels if determined that a vaccine with lower mercury levels is not available for distribution in New York and the parent of a person under three years of age provides informed consent or the woman who knows she is pregnant provides informed consent

See Chapter 603, Laws of 2005 for more details.

In 2006 New York enacted a law that:

· requires removal and collection of fluids, lead acid batteries, mercury switches, and other mercury-added devices prior to crushing and scrapping end-of-life vehicles; and

· requires vehicle dismantlers to complete and submit to the NYS Department of Environmental Conservation an annual report concerning end-of-life vehicles received, processed, and stored on site.

See Chapter 180, Laws of 2006 for more details.

For more information visit: http://www.dec.ny.gov/chemical/28653.html

In 2006 New York enacted a law that:

· bans the sale of motor vehicles (commencing in calendar year 2011, with model year 2012) with any mercury-added component that contains greater than 15 milligrams of mercury, which is intentionally added in order to provide a specific characteristic, appearance or quality, to perform a specific function, or for any other purpose (the components include but are not limited to switches, sensors, lights, and navigational systems) effective January 1, 2007;

· allows motor vehicle manufacturers to apply for an exemption to this sales ban if the mercury-added component is necessary to comply with federal or state safety or health requirements or for the purposes of national security; and

· instructs the state’s agencies to give a preference and give priority for purchasing mercury-free vehicles taking into consideration competition, price, availability, and performance.

See Chapter 611, Laws of 2006 for more details.

For more information visit: http://www.dec.ny.gov/chemical/28728.html

Use of Enforcement Discretion for Discarded Mercury-Containing Equipment, Commissioner Policy 39 (CP-39), provides for enforcement discretion by the New York State Department of Environmental Conservation to allow the regulated community to comply with the United States Environmental Protection Agency (USEPA) final rule, promulgated at 70 FR 45507-45522 on August 5, 2005. This rule adds waste consisting of mercury-containing equipment to the federal Universal Waste Rule of 40 CFR Part 273 and provides an alternative to the existing Department hazardous waste regulations.

For more information visit: http://www.dec.ny.gov/chemical/8841.html

For more information on New York State’s entire mercury regulations and laws visit:

http://www.dec.ny.gov/chemical/285.html

North Carolina

In 2005 North Carolina enacted a law that:

· requires removal of mercury-containing switches from vehicles entering a scrap metal recycling facility or vehicle recycler for the purpose of recycling unless removal of the switch would significantly increase the risk of release of mercury to the environment effective July 1, 2006;

· requires development of a mercury minimization plan with the goal of having a capture rate of at least 90 percent;

· requires the North Carolina Department of Environment and Natural Resources to publish an annual report on the mercury minimization plan that includes a detailed description and documentation of the capture rate, a description of additional or alternative actions that may be implemented to improve the mercury minimization plan if a capture rate of at least 90 percent is not achieved, the number of mercury switches collected, the number of end-of-life vehicles processed for recycling, a description of the process for handling mercury switches, and a statement of the costs required to implement the mercury minimization plan; and

· requires vehicle manufacturers to submit an annual report to the North Carolina Department of Environment and Natural Resources that describes in detail the status of vehicle design changes that are intended to facilitate recycling of vehicle components that contain mercury and include for each make and model for the upcoming model year, a list of all vehicle components that contain mercury.

See SL2005-384 for more details.

For more information visit: http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2005&BillID=h1136

Rhode Island

In 2001 Rhode Island enacted a law – the RI Mercury Reduction and Education Act of 2001 – that:

· requires the phase-out of most mercury-added products,

· requires product labeling and collection plans for most mercury-added products,

· imposes bans on the sale of certain mercury-added products,

· limits the sale of elemental mercury, and

· eliminates mercury and most mercury-added products from schools.

This Rhode Island mercury products law was subsequently amended by the Rhode Island General Assembly in 2003, 2005, and 2006. See below for more details.

See RI General Laws 23-24.9 at http://www.rilin.state.ri.us/Statutes/TITLE23/23-24.9/INDEX.HTM for more details.

In 2003 the state amended the Mercury Reduction and Education Act to:

· extend the phase-out requirements from July 13, 2003 to July 1, 2005 for those products with greater than 1,000 milligrams or 250 parts per million (ppm) mercury; from