SB2551 93RD GENERAL ASSEMBLY

LRB093 20824 MKM 46749 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2551

Introduced 2/3/2004, by Mattie Hunter

SYNOPSIS AS INTRODUCED:

New Act
415 ILCS 5/22.28a

Creates the Mercury Reduction Act. Provides that the Environmental Protection Agency may participate in the establishment and implementation of a multi-state clearinghouse to assist in carrying out the purpose of mercury reduction. Provides that beginning July 1, 2005, no mercury-added product may be offered for final sale or use or distributed for promotional purposes in the State without the prior written notification to the Environmental Protection Agency by the manufacturer of the product. Sets forth the requirements for this notification. Set forth restrictions on the purchase or sale of certain mercury-added products. Provides that beginning July 1, 2006, no person may crush, shred, flatten, or otherwise process a motor vehicle for scrap metal without first making a good faith effort to remove any mercury light switches and mercury headlights. Provides that, on or before January 1, 2006, the Pollution Control Board must modify its rules governing universal hazardous waste as appropriate to promote the recycling, recovery, and proper management of elemental mercury and mercury-added products on a statewide basis. Sets forth penalties for violations of this Act. Amends the Environmental Protection Act. Adds "vehicle recycler" to the list of persons who may not knowingly shred, scrap, dismantle, recycle, incinerate, handle, store, or otherwise manage any white good that contains any white components. Provides that no owner, operator, agent, employee of a junkyard or scrap dealership, or vehicle recycler may knowingly shred, scrap, dismantle, recycle, incinerate, handle, store, or otherwise manage any end-of-life motor vehicle that contains any mercury-added component. Defines "vehicle recycler", "end-of-life motor vehicle", and "mercury-added component". Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to public health and environmental protection.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the

Mercury Reduction Act.

Section 5. Findings. The General Assembly finds the following:

(1) Mercury is a potent neurotoxin that can cause long-lasting health problems.

(2) High levels of mercury in our State's waterways have forced officials to issue advisories warning people to restrict eating predator fish caught from lakes and streams.

(3) Mercury can be found in thousands of products and applications, including dental amalgams, scientific instruments, electrical components, batteries, lamps, and medical devices.

(4) Mercury from consumer products may make its way into waterways if the products are discharged down the drain, incinerated, or dumped in a landfill.

(5) The most effective way to minimize future mercury releases is to eliminate mercury threats in products where there are cost-effective alternatives.

Section 10. Definitions. As used in this Act:

"Agency" means the Environmental Protection Agency.

"Board" means the Pollution Control Board.

"Manufacturer" means any person who produces a mercury-added product and means an importer or domestic distributor of a mercury-added product produced in a foreign country. In the case of a multicomponent, mercury-added product, the manufacturer is the last manufacturer to produce or assemble the product. If the mercury-added product is produced in a foreign country, then the manufacturer is the first importer or domestic distributor of that product.

"Mercury-added product" means a product, commodity, or chemical that contains mercury or a mercury compound that has been intentionally added to the product, commodity, or chemical. Mercury-added products include, but are not limited to, mercury thermometers, mercury thermostats, and mercury switches in motor vehicles.

"Mercury relay" means a mercury-added product that opens or closes electrical contacts to operate other devices in the same or another electrical circuit. "Mercury relay" includes mercury displacement relays, mercury wetted reed relays, and mercury contact relays.

"Mercury switch" means a mercury-added product that opens or closes an electrical circuit or gas valve. "Mercury switch" includes (i) mercury float switches actuated by rising or falling liquid levels, (ii) mercury tilt switches actuated by a change in the switch position, (iii) mercury pressure switches actuated by a change in pressure, (iv) mercury temperature switches actuated by a change in temperature, and (v) mercury flame sensors. "Mercury switch" does not include a mercury-added thermostat.

"Mercury thermostat" means a mercury-added product commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature.

"Person" includes an individual, a firm, an association, a partnership, a corporation, a governmental entity, an organization, a joint venture, and any other legal entity.

Section 15. Interstate clearinghouse. The Agency may participate in the establishment and implementation of a multi-state clearinghouse to assist in carrying out the requirements of this Act, including designating the clearinghouse to help design notification forms, receive notification and submission of information, to coordinate reviews and to assist in education and outreach activities. The clearinghouse may also maintain a list of all products containing mercury, including mercury-added products.

Section 20. Notification.

(a) Beginning July 1, 2005, no mercury-added product may be offered for final sale or use or distributed for promotional purposes in the State without prior written notification to the Agency by the manufacturer of the product in accordance with the requirements of this Section.

Importers of mercury-added products from foreign countries must ensure that the manufacturer has complied with this Section before the sale, use, or distribution of the product in Illinois. This duty upon importers does not apply to retailers for whom importing is not their primary business or to importers who distribute products to manufacturers for inclusion in the manufacturers' mercury-added products.

(b) The notification must, at a minimum, include all of the following:

(1) A brief description of the mercury-added product.

(2) For each individual product, or where appropriate, for each category of product, an identification of the mercury content in one of the following ranges: greater than 0 to 5 mg, greater than 5 mg to 10 mg, greater than 10 mg to 50 mg, greater than 50 mg to 100 mg, greater than 100 mg to 1,000 mg, or greater than 1,000 mg.

(3) For each individual product or category of products, a description of the purpose that mercury serves in the product.

(4) The name and address of the manufacturer, and the name, address and phone number of a contact person who has knowledge of the product.

(c) This Section does not apply to any mercury-added product for which federal law governs notice in a manner that preempts State authority.

(d) With the approval of the Agency, the manufacturer may supply the information required above for a product category rather than an individual product. The manufacturer must update and revise the information in the notification whenever there is a significant change in the information or when requested to do so by the Agency.

(e) The Agency must adopt rules concerning the content, form, and submission of the required notification.

(f) Public disclosure of confidential business information submitted to the Agency under this Section is governed by the provisions of the Freedom of Information Act. The State may provide the interstate clearinghouse with copies of business information and the Agency and the interstate clearinghouse may compile or publish analyses or summaries of this business information if the analyses or summaries do not identify any manufacturer and do not reveal any confidential information.

Section 25. Sales restrictions.

(a) Beginning July 1, 2005, a school may not purchase for use in a primary or secondary classroom, bulk elemental mercury, chemicals containing mercury compounds, or mercury-added instructional equipment and materials, except mercury-added measuring devices and thermometers for which no adequate substitute exists for use as teaching aids. Other mercury-added products that are used by schools are not subject to this prohibition.

(b) After July 1, 2006, a person may not sell, offer to sell, or distribute for promotional purposes a mercury-added thermostat except for a thermostat used for manufacturing or industrial purposes and except for a thermostat to be used by a blind or visually impaired person.

(c) Beginning July 1, 2006, a person may not sell or offer to sell or distribute a mercury switch or mercury relay individually or as a product component. This prohibition does not apply if the switch or relay is used to replace a switch or relay that is a component in a larger product in use prior to July 1, 2006 and one of the following applies:

(1) the larger product is used in manufacturing; or

(2) the switch or relay is integrated and not physically separate from other components of the larger product.

This subsection does not apply to the sale of a mercury switch or mercury relay if the use of the switch or relay is required under federal law or federal contract specifications.

Section 30. Exemptions.

(a) A manufacturer or user of a mercury-added product may apply to the Agency on or before July 1, 2005 for an exemption from the provisions of this Act for one or more specific uses of a mercury-added product by filing a written petition with the Agency. The Agency may grant an exemption with or without conditions upon finding that:

(1) the manufacturer has demonstrated that a convenient and widely-available system exists for the proper collection, transportation, and processing of the mercury-added thermostat at the end of its useful life; and

(2) the specific use or uses of the mercury-added thermostat provide a net benefit to the environment, public health, or public safety when compared to available nonmercury alternatives.

(b) Before approving any exemption allowed under this Act, the Agency must consult with neighboring states, by means of the interstate clearinghouse or otherwise, to promote consistency in the regulation of mercury-added products. Exemptions may be granted for a term not to exceed 5 years and may be renewed upon written application if the Agency finds that the mercury-added product continues to meet the criteria for the original approval of the exemption.

The Agency must adopt rules for processing exemption applications. These rules must provide for public participation and take into account the role of the interstate clearinghouse.

Section 35. Universal waste rule. On or before January 1, 2006, the Board must modify its rules governing universal hazardous waste as appropriate to promote the recycling, recovery, and proper management of elemental mercury and mercury-added products on a statewide basis.

Section 40. Penalties. A violation of this Act is punishable by a civil penalty not to exceed $1,000 for each violation in the case of a first violation. Repeat violations are punishable by a civil penalty not to exceed $5,000 for each repeat violation.

Section 90. The Environmental Protection Act is amended by changing Section 22.28a as follows:

(415 ILCS 5/22.28a)

Sec. 22.28a. White goods and end-of-life motor vehicles handled by scrap dealership, or junkyard, or vehicle recycler.

(a) No owner, operator, agent, or employee of a junkyard or scrap dealership, or vehicle recycler may knowingly shred, scrap, dismantle, recycle, incinerate, handle, store, or otherwise manage any white good that contains any white good components, or any end-of-life motor vehicle that contains any mercury-added component in violation of this Act or any other applicable State or federal law.

(b) For the purposes of this Section: ,

(1) The the terms "white goods" and "white goods components" have the same meaning as in Section 22.28.

(2) "Vehicle recycler" means any owner, operator, agent, or employee of a business engaged in the business of acquiring, dismantling, or crushing 6 or more motor vehicles in a calendar year for the primary purpose of resale of their parts or materials.

(3) "End-of-life motor vehicle" means any motor vehicle that is sold, given, or otherwise conveyed to a motor vehicle crusher, recycler, or scrap recycling facility for the purpose of recycling.

(4) "Mercury-added component" means a component that contains mercury and that was intentionally added to the vehicle. Such components include, but are not limited to, switches, sensors, lights, and navigational systems.

(Source: P.A. 92-447, eff. 8-21-01.)

Section 99. Effective date. This Act takes effect upon becoming law.