An Act To Continue To Reduce Mercury Use and Emissions
Sec. 1. 38 MRSA §1661, sub-§4, as repealed and replaced by PL 2003, c. 221, §2, is amended to read:
Sec. 2. 38 MRSA §1661-C, sub-§5, as amended by PL 2003, c. 221, §3, is repealed.
Sec. 3. 38 MRSA §1661-C, sub-§11 is enacted to read:
Sec. 4. 38 MRSA §1661-C, sub-§12 is enacted to read:
Sec. 5. 38 MRSA §1665-A, sub-§5, as amended by PL 2005, c. 561, §9, is further amended to read:
The goal of this collection and recycling effort is to collect and recycle at least 90 pounds of mercury per year from minimize mercury emissions to the environment by ensuring that all mercury switches are removed from motor vehicles for recycling before the vehicles are flattened, baled or crushed. By September 30, 2002, motor vehicle manufacturers shall provide the department with a plan as to how they intend to comply with the requirements of this subsection.
In complying with the requirements of this subsection, manufacturers of motor vehicles shall establish a system that does not require a person who removes a mercury switch to segregate switches separately according to each manufacturer of motor vehicles from which the switches are removed.
Sec. 6. 38 MRSA §1665-B, sub-§1, as enacted by PL 2005, c. 558, §1, is repealed and the following enacted in its place:
Sec. 7. 38 MRSA §1665-B, sub-§1-A is enacted to read:
Sec. 8. 38 MRSA §1665-B, sub-§2, ¶A, as enacted by PL 2005, c. 558, §1, is amended to read:
(1) A maximum rate of collection of mercury-added thermostats is achieved;
(2) Handling and recycling of mercury-added thermostats are accomplished in a manner that is consistent with section 1663, with other provisions of this chapter and with the universal waste rules adopted by the board pursuant to section 1319-O;
(3) Authorized bins for mercury-added thermostat collection are made available at all heating, ventilation and air conditioning supply, electrical supply and plumbing supply distributor locations that sell thermostats and to all retailers who volunteer to participate in the program; and
(4) By January 1, 2007, authorized bins for mercury-added thermostat collection are made available to municipalities and regions requesting bins for mercury-added thermostat collection at universal waste collection sites or at periodic household hazardous waste collection events, as long as the collection sites or events are approved by the department for mercury-added thermostat collections;
Sec. 9. 38 MRSA §1665-B, sub-§2, ¶F, as enacted by PL 2005, c. 558, §1, is amended to read:
Sec. 10. 38 MRSA §1665-B, sub-§2, ¶G, as enacted by PL 2005, c. 558, §1, is amended to read:
(1) The number of mercury-added thermostats collected and recycled by that manufacturer pursuant to this section during the previous calendar year;
(2) The estimated total amount of mercury contained in the thermostat components collected by that manufacturer pursuant to this section;
(3) An evaluation of the effectiveness of the manufacturer's collection and recycling program and the financial incentive provided pursuant to paragraphs E and F; and
(4) An accounting of the administrative costs incurred in the course of administering the collection and recycling program and the financial incentive plan developed pursuant to subsection 4. For the purposes of this subparagraph, administrative costs are limited to costs associated with processing thermostats shipped to the manufacturer for recycling, issuing incentive payments and conducting education and outreach activities; and
(5) The manufacturer's proposed education and outreach plan as required under subsection 4-A;
Sec. 11. 38 MRSA §1665-B, sub-§2, ¶H is enacted to read:
(1) The collection location that shipped the thermostats;
(2) The date the manufacturer received the shipment;
(3) The number of mercury thermostats; and
(4) The total amount of mercury collected. The manufacturer may include in this total mercury amounts in devices other than thermostats it made if the shipment included such devices and the mercury in those devices is recovered; and
Sec. 12. 38 MRSA §1665-B, sub-§2, ¶I is enacted to read:
Sec. 13. 38 MRSA §1665-B, sub-§2-A is enacted to read:
Sec. 14. 38 MRSA §1665-B, sub-§4-A is enacted to read:
The department shall review the proposed education and outreach plan within 60 days of receipt of the annual report from the manufacturer and may grant, deny or approve the plan with or without modifications. The department shall approve the plan upon determining that it is designed to effectively reach thermostat wholesalers, retailers, contractors and homeowners in all regions of the State, will be effective in making the public aware of the program and encourages the public's participation by providing an effective and consistent recycling message. The department may consider consistency of the plan with plans submitted by other manufacturers to ensure ease of implementation by wholesalers and retailers. The department also may consider consistency of the plan with corresponding education and outreach efforts in other states to ensure ease of implementation by manufacturers.
Sec. 15. 38 MRSA §1665-B, sub-§5, as enacted by PL 2005, c. 558, §1, is amended to read:
summary
The bill clarifies the definition of the term "mercury switch" as used in the law on mercury-added products.
The bill bans the sale of devices used to balance motor vehicle wheels and devices used to reduce recoil when discharging firearms if the devices contain mercury.
The bill amends the law governing removal of mercury switches from motor vehicles to give automakers flexibility in the design of systems put in place to collect mercury switches from automobile recyclers and junkyard operators who are required by law to remove the switches. The bill also eliminates the need to record the 17-digit vehicle identification number as a prerequisite to payment of the switch bounty. Automakers will be required to pay a minimum of $4 for each switch delivered to them for recycling whether or not the vehicle identification number of the source vehicle is provided.
The bill consolidates the law banning the sale of mercury thermostats with the law that requires manufacturers to establish a program to collect and recycle mercury thermostats placed in service before the ban.
The bill amends the law on collection and recycling of mercury thermostats to:
1. Limit the applicability of the manufacturer collection requirement by defining "manufacturer" to exclude persons whose brand or label appears on the thermostat if the thermostat was manufactured by someone else;
2. Require manufacturers of mercury thermostats to submit a quarterly report on the number of thermostats and amount of mercury collected to the Department of Environmental Protection;
3. Require manufacturers to implement an education and outreach plan approved by the Department of Environmental Protection and to annually submit a proposed plan to the department for review; and
4. Expand the collection and recycling program to include retailers who volunteer to participate.