CHAPTER 17.9
REGULATION OF PRODUCTS CONTAINING MERCURY

(1) WHEREAS, Mercury poses a threat to human health and the environment in Rhode Island due to high levels of mercury in fish;

(2) WHEREAS, A major cause of mercury contamination in fish in Rhode Island is man-made mercury emissions from solid waste incinerators and medical waste incinerators; and

(3) WHEREAS, The New England Governors and The Eastern Canadian Premiers recently adopted a Mercury Action Plan calling for a fifty percent (50%) reduction in mercury emissions by the year 2003, and calling for separation and recycling of waste products containing mercury as a means of achieving that goal;

(4) It is hereby resolved that the policy goals of this chapter shall be: (a) to prohibit the disposal of mercury-containing waste products as solid waste; and (b) to promote and ensure the proper collection, transportation and recycling of all mercury-containing waste products.

(2) "Button cell" means a button or coin shaped battery.

(3) "Department" means the department of environmental management.

(4) " Electric lamp" means the bulb or tube portion of a lighting device specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common electric lamps include, but are not limited to, incandescent, fluorescent, high intensity discharge and neon lamps.

(5) "Health care facility" means any hospital, nursing home, extended care facility, long-term care facility, clinical or medical laboratory, state health or mental institution, institution for the mentally ill or retarded, clinic, physician's office or health maintenance organization.

(6) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, combination or joint venture that produces a product containing mercury or an importer or domestic distributor of a product containing mercury produced in a foreign country. In the case of a multi-component product containing mercury the manufacturer is the last manufacturer to produce or assemble the product. If the multi-component product is produced in a foreign country, the manufacturer is the importer or domestic distributor, a manufacturer of mercury-added products that may be sold or offered for sale in Rhode Island.

(7) "Mercury-added battery" means a button cell or mercuric oxide battery to which the manufacturer intentionally introduces mercury for the operation of the battery.

(8) "Mercury-added lamp" means an electric lamp to which the manufacturer intentionally introduces mercury for the operation of the lamp.

(9) "Mercury-added product" means a product to which the manufacturer intentionally introduces mercury, including, but not limited to, button cell or mercuric oxide batteries, electric lamps, thermostats, thermometers, automotive devices, electric switches, appliances, medical or scientific instruments, electric relays, or other electrical devices.

(10) "Mercury-added formulated product" means a chemical product, including, but not limited to, laboratory chemicals, cleaning products, cosmetics, pharmaceuticals and coating materials that are sold as a consistent mixture of chemicals.

(11) "Mercury-containing product" means a product where mercury is an unintended ingredient of the product, including, but not limited to, acids, alkalis, bleaches, cleaning materials and disinfectants.

(12) "Mercury fever thermometer" means a mercury-added product that is used for measuring body temperature.

(13) "Mercury-added novelty" means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations and items of apparel, including footwear.

(14) "Solid waste collector" means a person that accepts, collects or transfers solid waste for purposes other than recycling.

(15) "Solid waste management facility" means an established site or works, and other appurtenances thereto, which is, has been, or will be used for the handling, storage, transfer, processing, treatment or disposal of solid waste, including all land, structures or improvements which are directly related to solid waste activities.

(1) Establishing and funding, directly or with the use of third parties, a collection system through which the used mercury-added products sold or offered for sale by that manufacturer can be returned for recycling; or

(2) Identifying existing collection systems through which the used mercury-added products sold or offered for sale by that manufacturer can be returned for recycling.

(b) Every manufacturer of mercury-added products shall be financially responsible for the collection and recycling systems established under this section. All collection and recycling shall be conducted in a manner so as to prevent the release of mercury to the environment and must be in full compliance with all applicable local, state and federal regulations. All collection and recycling systems shall be subject to department approval. As part of the approval process, the department shall ensure that all Rhode Island residents have access to mercury collection and recycling systems that are convenient, comprehensive and cost-effective. Mercury-added formulated products intended to be totally consumed in use, such as reagents, cosmetics, pharmaceuticals, and other laboratory chemicals, shall be exempt from the requirements of this section.

(c) Every manufacturer of mercury-added products shall ensure that such products are labeled in a manner to clearly inform purchasers that:

(1) Mercury is present in the item and that the item may not be disposed of or placed in a waste stream destined for disposal until the mercury is reused, recycled or properly disposed of as a hazardous waste and does not become mixed with other part of solid waste or wastewater; and

(2) Every manufacturer shall also inform purchasers how to access systems for the collection, transportation and recycling of mercury-added products. Where a mercury-added product is a component of another product, the product containing the component and the component must both be labeled. The label on the product containing a mercury-added component shall identify the component with sufficient detail so that it may be readily located for removal.

(d) No person shall offer a mercury-added product for final sale or use or promotional purposes to an address in Rhode Island unless the purchaser or recipient at the point of sale is clearly advised in writing that the product contains mercury. This requirement applies to all transactions were the purchaser or recipient is unable to view the labels on the package or the product prior to purchase or receipt, including, but not limited to, catalogue, telephone and internet sales.

(e) A manufacturer may apply to the department for an alternative to the requirements of subsection (c) where strict compliance with the requirements is not feasible; or the proposed alternative would be at least as effective in providing pre-sale notification of mercury content and in providing instructions on proper disposal. Applications for an alternative to the requirements of subsection (c) must:

(1) document the justification for the requested alternative;

(2) describe how the alternative ensures that purchasers or recipients of mercury-added products are made aware of mercury content prior to purchase or receipt;

(3) describe how a person discarding the product will be made aware of the need for proper handling to ensure that it does not become part of solid waste or wastewater;

(4) document the readiness of all necessary parties to implement the proposed alternative; and

(5) describe the performance measures to be utilized by the manufacturer to demonstrate that the alternative is providing effective pre-sale notification and pre-disposal notification.

The department may grant, deny, modify or condition a request for an alternative to the requirements of subsection (c) and approval of an alternative. Such an approval shall be for a period of not more than two (2) years and may, upon continued eligibility under the criteria of this section and compliance with the conditions of its prior approval, be renewed at two (2) year intervals. Prior to approving an alternative, the department shall consult with neighboring states and regional organizations to insure that its labeling requirements are consistent with those of other governments in the region.

(b) A solid waste collector shall refuse to collect the contents of a solid waste container containing one (1) or more mercury-added products, unless such solid waste is collected at a permitted household hazardous waste collection facility for the purpose of recycling said waste.

(i) Posting of signs at the facility providing notice of the prohibition of the disposal and incineration of mercury-added products;

(ii) Written notification to or contractual agreements with the facility's customers, providing notice of the prohibition of the disposal and incineration of mercury-added products; and

(iii) Implementation of a procedure approved by the department for periodically monitoring incoming wastes to detect the presence of mercury-added products at the facility.

(b) An owner or operator of a solid waste management facility shall refuse to accept for disposal the contents of a solid waste container containing one (1) or more mercury-added products, unless such waste is collected at a permitted household hazardous waste collection facility for the purpose of recycling solid waste.

(b) The department shall adopt rules, regulations, procedures and standards as may be necessary for implementation.

(c) The department shall promulgate regulations under this chapter which are consistent with the federal Mercury-containing and Rechargeable Battery Management Act at sections 14302 through 14336 of chapter 42 of the United States Code.

(d) The department shall, every two (2) year, make available to the public information concerning the amount of mercury diverted from the solid waste stream that would otherwise be sent to solid waste management facilities for disposal or incineration.

(b) Six (6) months after the effective date of this chapter, a person shall not sell or supply mercury fever thermometers to consumers and patients, except by prescription. The manufacturers of mercury fever thermometers shall supply clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur with all mercury fever thermometers sold through prescription.

(c) As of the effective date of this chapter, no school in this state shall use or purchase for use in a primary or secondary classroom, elemental mercury, mercury compounds, or mercury-added instructional equipment and materials, except measuring devices and thermometers for which no adequate substitute exists which are used in school laboratories.

(1) one gram (1000 milligrams) for mercury-added products or two hundred fifty (250) parts per million for mercury-added formulated products, effective two (2) years from the date of this chapter;

(2) One hundred (100) milligrams for mercury-added products or fifty (50) parts per million for mercury-added formulated products, effective four (4) years from the date of this chapter; and

(3) Ten (10) milligrams for mercury-added products or ten (10) parts per million for mercury-added formulated products, effective six (6) years from the date of this chapter.

(b) For a product that contains one (1) or more mercury-added products as a component, this section and the phase-out limits specified herein are applicable to each component part or parts separately and not to the entire product.

(c) Fluorescent lamps shall be exempt from the requirements of subsection (a). Eight (8) years from the effective date of this chapter, the mercury content of fluorescent bulbs must either not exceed ten (10) milligrams or the manufacturer must comply with the exemption requirements pursuant to subsection (d).

(d) A mercury-added product shall be exempt from the limits on total mercury content set forth in subsection (a) 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. Manufacturers of a mercury-added product may apply to the department for an exemption for no more than two (2) years from the limits on total mercury content set forth in subsection (a) 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.

The department may grant with modifications or conditions an exemption for a product or category of products if it finds that:

(1) a system exists for the proper collection, transportation and processing of the mercury-added product; and

(2) each of the following criteria are met:

(i) use of the product is beneficial to the environment or protective of public health or protective of public safety; and

(ii) there is no technically feasible alternative to use of mercury in the product; and

(iii) there is no comparable nonmercury added product available at a reasonable cost.

Prior to issuing an exemption the department shall consult with neighboring states and regional organizations to promote consistency. The department shall avoid, to the extent feasible, inconsistencies in the implementation of this section. Upon reapplication by the manufacturer and findings by the department of continued eligibility under the criteria of this subsection and of compliance by the manufacturer with the conditions of its original approval, an exemption may be renewed one (1) or more times and each renewal may be for a period of no longer than two (2) years.