SB0655 95TH GENERAL ASSEMBLY

LRB095 08226 CMK 28396 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0655

Introduced 2/8/2007, by Sen. Ms. Mattie Hunter

SYNOPSIS AS INTRODUCED:

410 ILCS 46/1
410 ILCS 46/10
410 ILCS 46/27 new
410 ILCS 46/35 new
415 ILCS 5/22.23b

Amends the Mercury Fever Thermometer Prohibition Act. Changes the title of the Act to the Mercury-added Product Prohibition Act. Defines "mercury-added product". Provides that on and after July 1, 2008, no person shall sell, offer to sell, or distribute certain mercury-added products in this State. Sets out exceptions to the prohibition. Provides that on and after July 1, 2008, no person may sell, offer for sale, or distribute for promotional purposes a mercury-containing manometer of the type used in milking machines on dairy farms in the State. Provides that the Environmental Protection Agency may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this Act. Amends the Environmental Protection Act. Provides that beginning July 1, 2008, no person shall accept for use as a teaching aid in a primary or secondary school classroom measuring devices containing mercury added during manufacture including, but not limited to, barometers, manometers, and thermometers. Sets out an exemption for devices containing a button cell battery. Provides that beginning July 1, 2008, no person shall install, sell, or offer to sell or distribute for promotional purposes a mercury-added thermostat. Contains other provisions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning public safety.

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

Section 5. The Mercury Fever Thermometer Prohibition Act is amended by changing Sections 1 and 10 and by adding Sections 27 and 35 as follows:

(410 ILCS 46/1)

Sec. 1. Short title. This Act may be cited as the Mercury-added Product Mercury Fever Thermometer Prohibition Act.

(Source: P.A. 93-165, eff. 1-1-04.)

(410 ILCS 46/10)

Sec. 10. Definitions. For the purposes of this Act, the words and terms defined in this Section shall have the meaning given, unless the context otherwise clearly requires.

"Agency" means the Illinois Environmental Protection Agency.

"Mercury fever thermometer" means any device containing liquid mercury wherein the liquid mercury is used to measure the internal body temperature of a person.

"Mercury-added novelty" means a mercury-added product intended for personal or household enjoyment, including but not limited to: toys, figurines, adornments, games, cards, ornaments, yard statues and figurines, candles, jewelry, holiday decorations, and footwear and other items of apparel.

"Mercury-added product" means a product to which mercury is added intentionally during formulation of manufacture, or a product containing one or more components to which mercury is intentionally added during formulation or manufacture.

"Health care facility" means any hospital, nursing home, extended care facility, long-term facility, clinic or medical laboratory, State or private health or mental institution, clinic, physician's office, or health maintenance organization.

"Hospital" means any institution, place, building, or agency, public or private, whether organized for profit or not, devoted primarily to the maintenance and operation of facilities for the diagnosis and treatment or care of 2 or more unrelated persons admitted for overnight stay or longer in order to obtain medical, including obstetric, psychiatric, and nursing, care of illness, disease, injury, infirmity, or deformity.

"Person" means any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or non-profit organization, or any other legal entity.

(Source: P.A. 93-165, eff. 1-1-04.)

(410 ILCS 46/27 new)

Sec. 27. Sale and distribution of certain mercury-added products prohibited.

(a) On and after July 1, 2008, no person shall sell, offer to sell, or distribute the following mercury-added products in this State:

(1) barometers;

(2) esophageal dilators, bougie tubes, or gastrointestinal tubes;

(3) flow meters;

(4) hydrometers;

(5) hygrometers;

(6) manometers, other then manometers prohibited from sale under subsection (d) of this Section;

(7) pyrometers;

(8) sphygmomanometers;

(9) thermometers; or

(10) psychrometers.

(b) This Section does not apply to the sale of a mercury added product listed in paragraphs (1) through (10) of subsection (a) if use of the product is a federal requirement or if the only mercury-added component in the product is a button cell battery.

(c) This Section does not apply to the sale of a mercury-added product listed in paragraphs (1) through (10) of subsection (a) for which an exemption is obtained under this subsection (c). The manufacturer or user of the product may apply for an exemption by filing a written petition with the Agency. The Agency may grant an exemption with or without conditions upon finding that the mercury-added product is reasonable and appropriate for a specific use. In this situation, the petitioner must demonstrate that:

(1) a system exists for the proper collection, transportation, and processing of the product at the end of its life; and

(2) one of the following applies:

(i) use of the product provides a net benefit to the environment, public health, or public safety when compared to available nonmercury alternatives; or

(ii) technically feasible nonmercury alternatives are not available at comparable cost.

Prior to approving an exemption, the Agency may consult with neighboring states, by means of the interstate clearinghouse under Section 35, or otherwise, to promote consistency in the way in which mercury-added products are regulated. The Agency may request individuals receiving an exemption to maintain records and provide reasonable reports to the Department that characterize mercury use. 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 of this subsection (c) and the manufacturer or other persons comply with the conditions of its original approval. The Agency shall adopt rules for processing exemption applications that provide for public participation, taking into account the role of the interstate clearinghouse.

(d) On and after July 1, 2008, no person may sell, offer for sale, or distribute for promotional purposes a mercury-containing manometer of the type used in milking machines on dairy farms in the State. Manufacturers of such manometers shall notify wholesalers and retailers about this ban and shall instruct them on how to properly dispose of the remaining inventory. The Agency, in consultation with the Illinois Department of Agriculture, shall conduct a program to collect and replace mercury-containing manometers already in use on dairy farms in the State.

(410 ILCS 46/35 new)

Sec. 35. The Agency may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this Act.

Section 10. The Environmental Protection Act is amended by changing Section 22.23b as follows:

(415 ILCS 5/22.23b)

Sec. 22.23b. Mercury and mercury-added products.

(a) Beginning July 1, 2005, no person shall purchase or accept, for use in a primary or secondary school classroom, bulk elemental mercury, chemicals containing mercury compounds, or instructional equipment or materials containing mercury added during their manufacture. This subsection (a) does not apply to: (i) other products containing mercury added during their manufacture that are used in schools and (ii) measuring devices used as teaching aids, including, but not limited to, barometers, manometers, and thermometers, if no adequate mercury-free substitute exists.

(b) Beginning July 1, 2007, no person shall sell, offer to sell, distribute, or offer to distribute a mercury switch or mercury relay individually or as a product component. For a product that contains one or more mercury switches or mercury relays as a component, this subsection (b) is applicable to each component part or parts and not the entire product. This subsection (b) does not apply to the following:

(1) Mercury switches and mercury relays used in medical diagnostic equipment regulated under the federal Food, Drug, and Cosmetic Act.

(2) Mercury switches and mercury relays used at electric generating facilities.

(3) Mercury switches in thermostats used to sense and control room temperature.

(4) Mercury switches and mercury relays required to be used under federal law or federal contract specifications.

(5) A mercury switch or mercury relay used to replace a mercury switch or mercury relay that is a component in a larger product in use prior to July 1, 2007, and one of the following applies:

(A) The larger product is used in manufacturing; or

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

(c) No later than July 1, 2006, the manufacturer of a mercury switch or mercury relay, or a scientific instrument or piece of instructional equipment containing mercury added during its manufacture, may apply to the Agency for an exemption from the provisions of this Section for one or more specific uses of the switch, relay, instrument, or piece of equipment by filing a written petition with the Agency. The Agency may grant an exemption, with or without conditions, if the manufacturer demonstrates the following:

(1) A convenient and widely available system exists for the proper collection, transportation, and processing of the switch, relay, instrument, or piece of equipment at the end of its useful life; and

(2) The specific use or uses of the switch, relay, instrument, or piece of equipment provides a net benefit to the environment, public health, or public safety when compared to available nonmercury alternatives.

Before approving any exemption under this subsection (c) the Agency must consult with other states to promote consistency in the regulation of products containing mercury added during their manufacture. Exemptions shall be granted for a period of 5 years. The manufacturer may request renewals of the exemption for additional 5-year periods by filing additional written petitions with the Agency. The Agency may renew an exemption if the manufacturer demonstrates that the criteria set forth in paragraphs (1) and (2) of this subsection (c) continue to be satisfied. All petitions for an exemption or exemption renewal shall be submitted on forms prescribed by the Agency.

The Agency must adopt rules for processing petitions submitted pursuant to this subsection (c). The rules shall include, but shall not be limited to, provisions allowing for the submission of written public comments on the petitions.

(d) No later than January 1, 2005, the Agency must submit to the Governor and the General Assembly a report that includes the following:

(1) An evaluation of programs to reduce and recycle mercury from mercury thermostats and mercury vehicle components; and

(2) Recommendations for altering the programs to make them more effective.

In preparing the report the Agency may seek information from and consult with, businesses, trade associations, environmental organizations, and other government agencies.

(e) Mercury switches and mercury relays, and scientific instruments and instructional equipment containing mercury added during their manufacture, are hereby designated as categories of universal waste subject to the streamlined hazardous waste rules set forth in Title 35 of the Illinois Administrative Code, Subtitle G, Chapter I, Subchapter c, Part 733 ("Part 733"). Within 60 days of the effective date of this amendatory Act of the 93rd General Assembly, the Agency shall propose, and within 180 days of receipt of the Agency's proposal the Board shall adopt, rules that reflect this designation and that prescribe procedures and standards for the management of such items as universal waste.

If the United States Environmental Protection Agency adopts streamlined hazardous waste regulations pertaining to the management of mercury switches or mercury relays, or scientific instruments or instructional equipment containing mercury added during their manufacture, or otherwise exempts such items from regulation as hazardous waste, the Board shall adopt equivalent rules in accordance with Section 7.2 of this Act within 180 days of adoption of the federal regulations. The equivalent Board rules may serve as an alternative to the rules adopted under subsection (1) of this subsection (e).

(f) Beginning July 1, 2008, no person shall accept for use as a teaching aid in a primary or secondary school classroom measuring devices containing mercury added during manufacture including, but not limited to, barometers, manometers, and thermometers. This subsection (f) does not apply to a mercury-added measuring device if the only mercury-added component in the measuring device is a button cell battery.

(g) Beginning July 1, 2008, no person shall install, sell, or offer to sell or distribute for promotional purposes a mercury-added thermostat. For the purposes of this subsection (g), a "mercury-added thermostat" means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. "Mercury-added thermostat" includes thermostats used to sense and control room temperature in residential, commercial, industrial, and other buildings but does not include a thermostat used to sense and control temperature as part of a manufacturing process.

(h) The Agency may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this Section.

(Source: P.A. 93-964, eff. 8-20-04.)

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