Full Text of SB2551 93rd General Assembly
SB2551enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to public health and environmental | 2 |
| protection.
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| Be it enacted by the People of the State of Illinois, | 4 |
| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 6 |
| adding Sections 3.283, 3.284, and 22.23b as follows: | 7 |
| (415 ILCS 5/3.283 new)
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| Sec. 3.283. Mercury relay. "Mercury relay" means a product | 9 |
| or device, containing mercury added during its manufacture, | 10 |
| that opens or closes electrical contacts to effect the | 11 |
| operation of other devices in the same or another electrical | 12 |
| circuit. "Mercury relay" includes, but is not limited to, | 13 |
| mercury displacement relays, mercury wetted reed relays, and | 14 |
| mercury contact relays. | 15 |
| (415 ILCS 5/3.284 new)
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| Sec. 3.284. Mercury switch. "Mercury switch" means a | 17 |
| product or device, containing mercury added during its | 18 |
| manufacture, that opens or closes an electrical circuit or gas | 19 |
| valve, including, but not limited to, mercury float switches | 20 |
| actuated by rising or falling liquid levels, mercury tilt | 21 |
| switches actuated by a change in the switch position, mercury | 22 |
| pressure switches actuated by a change in pressure, mercury | 23 |
| temperature switches actuated by a change in temperature, and | 24 |
| mercury flame sensors. | 25 |
| (415 ILCS 5/22.23b new)
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| Sec. 22.23b. Mercury and mercury-added products. | 27 |
| (a) Beginning July 1, 2005, no person shall purchase or | 28 |
| accept, for use in a primary or secondary school classroom, | 29 |
| bulk elemental mercury, chemicals containing mercury | 30 |
| compounds, or instructional equipment or materials containing |
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| mercury added during their manufacture. This subsection (a) | 2 |
| does not apply to: (i) other products containing mercury added | 3 |
| during their manufacture that are used in schools and (ii) | 4 |
| measuring devices used as teaching aids, including, but not | 5 |
| limited to, barometers, manometers, and thermometers, if no | 6 |
| adequate mercury-free substitute exists. | 7 |
| (b) Beginning July 1, 2007, no person shall sell, offer to | 8 |
| sell, distribute, or offer to distribute a mercury switch or | 9 |
| mercury relay individually or as a product component. For a | 10 |
| product that contains one or more mercury switches or mercury | 11 |
| relays as a component, this subsection (b) is applicable to | 12 |
| each component part or parts and not the entire product. This | 13 |
| subsection (b) does not apply to the following: | 14 |
| (1) Mercury switches and mercury relays used in medical | 15 |
| diagnostic equipment regulated under the federal Food, | 16 |
| Drug, and Cosmetic Act. | 17 |
| (2) Mercury switches and mercury relays used at | 18 |
| electric generating facilities. | 19 |
| (3) Mercury switches in thermostats used to sense and | 20 |
| control room temperature. | 21 |
| (4) Mercury switches and mercury relays required to be | 22 |
| used under federal law or federal contract specifications. | 23 |
| (5) A mercury switch or mercury relay used to replace a | 24 |
| mercury switch or mercury relay that is a component in a | 25 |
| larger product in use prior to July 1, 2007, and one of the | 26 |
| following applies: | 27 |
| (A) The larger product is used in manufacturing; or | 28 |
| (B) The mercury switch or mercury relay is | 29 |
| integrated and not physically separate from other | 30 |
| components of the larger product.
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| (c) No later than July 1, 2006, the manufacturer of a | 32 |
| mercury switch or mercury relay, or a scientific instrument or | 33 |
| piece of instructional equipment containing mercury added | 34 |
| during its manufacture, may apply to the Agency for an | 35 |
| exemption from the provisions of this Section for one or more | 36 |
| specific uses of the switch, relay, instrument, or piece of |
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| equipment by filing a written petition with the Agency. The | 2 |
| Agency may grant an exemption, with or without conditions, if | 3 |
| the manufacturer demonstrates the following: | 4 |
| (1) A convenient and widely available system exists for | 5 |
| the proper collection, transportation, and processing of | 6 |
| the switch, relay, instrument, or piece of equipment at the | 7 |
| end of its useful life; and | 8 |
| (2) The specific use or uses of the switch, relay, | 9 |
| instrument, or piece of equipment provides a net benefit to | 10 |
| the environment, public health, or public safety when | 11 |
| compared to available nonmercury alternatives. | 12 |
| Before approving any exemption under this subsection (c) | 13 |
| the Agency must consult with other states to promote | 14 |
| consistency in the regulation of products containing mercury | 15 |
| added during their manufacture. Exemptions shall be granted for | 16 |
| a period of 5 years. The manufacturer may request renewals of | 17 |
| the exemption for additional 5-year periods by filing | 18 |
| additional written petitions with the Agency. The Agency may | 19 |
| renew an exemption if the manufacturer demonstrates that the | 20 |
| criteria set forth in paragraphs (1) and (2) of this subsection | 21 |
| (c) continue to be satisfied. All petitions for an exemption or | 22 |
| exemption renewal shall be submitted on forms prescribed by the | 23 |
| Agency. | 24 |
| The Agency must adopt rules for processing petitions | 25 |
| submitted pursuant to this subsection (c). The rules shall | 26 |
| include, but shall not be limited to, provisions allowing for | 27 |
| the submission of written public comments on the petitions. | 28 |
| (d) No later than January 1, 2005, the Agency must submit | 29 |
| to the Governor and the General Assembly a report that includes | 30 |
| the following: | 31 |
| (1) An evaluation of programs to reduce and recycle | 32 |
| mercury from mercury thermostats and mercury vehicle | 33 |
| components; and | 34 |
| (2) Recommendations for altering the programs to make | 35 |
| them more effective. | 36 |
| In preparing the report the Agency may seek information |
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| from and consult with, businesses, trade associations, | 2 |
| environmental organizations, and other government agencies. | 3 |
| (e) Mercury switches and mercury relays, and scientific | 4 |
| instruments and instructional equipment containing mercury | 5 |
| added during their manufacture, are hereby designated as | 6 |
| categories of universal waste subject to the streamlined | 7 |
| hazardous waste rules set forth in Title 35 of the Illinois | 8 |
| Administrative Code, Subtitle G, Chapter I, Subchapter c, Part | 9 |
| 733 ("Part 733"). Within 60 days of the effective date of this | 10 |
| amendatory Act of the 93rd General Assembly, the Agency shall | 11 |
| propose, and within 180 days of receipt of the Agency's | 12 |
| proposal the Board shall adopt, rules that reflect this | 13 |
| designation and that prescribe procedures and standards for the | 14 |
| management of such items as universal waste.
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| If the United States Environmental Protection Agency | 16 |
| adopts streamlined hazardous waste regulations pertaining to | 17 |
| the management of mercury switches or mercury relays, or | 18 |
| scientific instruments or instructional equipment containing | 19 |
| mercury added during their manufacture, or otherwise exempts | 20 |
| such items from regulation as hazardous waste, the Board shall | 21 |
| adopt equivalent rules in accordance with Section 7.2 of this | 22 |
| Act within 180 days of adoption of the federal regulations. The | 23 |
| equivalent Board rules may serve as an alternative to the rules | 24 |
| adopted under subsection (1) of this subsection (e).
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law. |
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