Full Text of SB1213 97th General Assembly
SB1213sam003 97TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 3/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 1213
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1213 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 3.284 and 22.23b as follows: | 6 | | (415 ILCS 5/3.284)
| 7 | | Sec. 3.284. Mercury switch. "Mercury switch" means a | 8 | | product or device, containing mercury added during its | 9 | | manufacture, that opens or closes an electrical circuit or gas | 10 | | valve, or makes, breaks, or changes the connection in an | 11 | | electrical circuit, including, but not limited to, mercury | 12 | | float switches actuated by rising or falling liquid levels, | 13 | | mercury tilt switches actuated by a change in the switch | 14 | | position, mercury pressure switches actuated by a change in | 15 | | pressure, mercury temperature switches actuated by a change in | 16 | | temperature, and mercury flame sensors.
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| 1 | | (Source: P.A. 93-964, eff. 8-20-04.) | 2 | | (415 ILCS 5/22.23b)
| 3 | | Sec. 22.23b. Mercury and mercury-added products. | 4 | | (a) Beginning July 1, 2005, no person shall purchase or | 5 | | accept, for use in a primary or secondary school classroom, | 6 | | bulk elemental mercury, chemicals containing mercury | 7 | | compounds, or instructional equipment or materials containing | 8 | | mercury added during their manufacture. This subsection (a) | 9 | | does not apply to: (i) other products containing mercury added | 10 | | during their manufacture that are used in schools and (ii) | 11 | | measuring devices used as teaching aids, including, but not | 12 | | limited to, barometers, manometers, and thermometers, if no | 13 | | adequate mercury-free substitute exists. | 14 | | (b) Beginning July 1, 2007, no person shall sell, offer to | 15 | | sell, distribute, or offer to distribute in this State a | 16 | | mercury switch or mercury relay individually or as a product | 17 | | component. For a product that contains one or more mercury | 18 | | switches or mercury relays as a component, this subsection (b) | 19 | | is applicable to each component part or parts and not the | 20 | | entire product. This subsection (b) does not apply to the | 21 | | following: | 22 | | (1) Mercury switches and mercury relays used in medical | 23 | | diagnostic equipment regulated under the federal Food, | 24 | | Drug, and Cosmetic Act. | 25 | | (2) Mercury switches and mercury relays used at |
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| 1 | | electric generating facilities. | 2 | | (3) Mercury switches in thermostats used to sense and | 3 | | control room temperature. | 4 | | (4) Mercury switches and mercury relays required to be | 5 | | used under federal law or federal contract specifications. | 6 | | (5) A mercury switch or mercury relay used to replace a | 7 | | mercury switch or mercury relay that is a component in a | 8 | | larger product in use before prior to July 1, 2007, and one | 9 | | of the following applies: | 10 | | (A) The larger product is used in manufacturing; or | 11 | | (B) The mercury switch or mercury relay is | 12 | | integrated and not physically separate from other | 13 | | components of the larger product.
| 14 | | (c) The manufacturer of a mercury switch or mercury relay, | 15 | | or a scientific instrument or piece of instructional equipment | 16 | | containing mercury added during its manufacture, may apply to | 17 | | the Agency for an exemption from the provisions of subsection | 18 | | (a) or (b) of this Section for one or more specific uses of the | 19 | | switch, relay, instrument, or piece of equipment by filing a | 20 | | written petition with the Agency. The Agency may grant an | 21 | | exemption, with or without conditions, if the manufacturer | 22 | | demonstrates the following: | 23 | | (1) A convenient and widely available system exists for | 24 | | the proper collection, transportation, and processing of | 25 | | the switch, relay, instrument, or piece of equipment at the | 26 | | end of its useful life; and |
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| 1 | | (2) The specific use or uses of the switch, relay, | 2 | | instrument, or piece of equipment provides a net benefit to | 3 | | the environment, public health, or public safety when | 4 | | compared to available nonmercury alternatives. | 5 | | Before approving any exemption under this subsection (c) | 6 | | the Agency must consult with other states to promote | 7 | | consistency in the regulation of products containing mercury | 8 | | added during their manufacture. Exemptions shall be granted for | 9 | | a period of 5 years. The manufacturer may request renewals of | 10 | | the exemption for additional 5-year periods by filing | 11 | | additional written petitions with the Agency. The Agency may | 12 | | renew an exemption if the manufacturer demonstrates that the | 13 | | criteria set forth in paragraphs (1) and (2) of this subsection | 14 | | (c) continue to be satisfied. All petitions for an exemption or | 15 | | exemption renewal shall be submitted on forms prescribed by the | 16 | | Agency. | 17 | | The Agency must adopt rules for processing petitions | 18 | | submitted pursuant to this subsection (c). The rules shall | 19 | | include, but shall not be limited to, provisions allowing for | 20 | | the submission of written public comments on the petitions. | 21 | | (d) No later than January 1, 2005, the Agency must submit | 22 | | to the Governor and the General Assembly a report that includes | 23 | | the following: | 24 | | (1) An evaluation of programs to reduce and recycle | 25 | | mercury from mercury thermostats and mercury vehicle | 26 | | components; and |
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| 1 | | (2) Recommendations for altering the programs to make | 2 | | them more effective. | 3 | | In preparing the report the Agency may seek information | 4 | | from and consult with, businesses, trade associations, | 5 | | environmental organizations, and other government agencies. | 6 | | (e) Mercury switches and mercury relays, and scientific | 7 | | instruments and instructional equipment containing mercury | 8 | | added during their manufacture, are hereby designated as | 9 | | categories of universal waste subject to the streamlined | 10 | | hazardous waste rules set forth in Title 35 of the Illinois | 11 | | Administrative Code, Subtitle G, Chapter I, Subchapter c, Part | 12 | | 733 ("Part 733"). Within 60 days of the effective date of this | 13 | | amendatory Act of the 93rd General Assembly, the Agency shall | 14 | | propose, and within 180 days of receipt of the Agency's | 15 | | proposal the Board shall adopt, rules that reflect this | 16 | | designation and that prescribe procedures and standards for the | 17 | | management of such items as universal waste.
| 18 | | If the United States Environmental Protection Agency | 19 | | adopts streamlined hazardous waste regulations pertaining to | 20 | | the management of mercury switches or mercury relays, or | 21 | | scientific instruments or instructional equipment containing | 22 | | mercury added during their manufacture, or otherwise exempts | 23 | | such items from regulation as hazardous waste, the Board shall | 24 | | adopt equivalent rules in accordance with Section 7.2 of this | 25 | | Act within 180 days of adoption of the federal regulations. The | 26 | | equivalent Board rules may serve as an alternative to the rules |
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| 1 | | adopted under subsection (1) of this subsection (e).
| 2 | | (f) Beginning July 1, 2008, no person shall install, sell, | 3 | | offer to sell, distribute, or offer to distribute a mercury | 4 | | thermostat in this State. For purposes of this subsection (f), | 5 | | "mercury thermostat" means a product or device that uses a | 6 | | mercury switch to sense and control room temperature through | 7 | | communication with heating, ventilating, or air conditioning | 8 | | equipment. "Mercury thermostat" includes thermostats used to | 9 | | sense and control room temperature in residential, commercial, | 10 | | industrial, and other buildings, but does not include | 11 | | thermostats used to sense and control temperature as a part of | 12 | | a manufacturing or industrial process.
| 13 | | (Source: P.A. 95-452, eff. 8-27-07.) | 14 | | Section 10. The Mercury Switch Removal Act is amended by | 15 | | changing Section 15 as follows: | 16 | | (415 ILCS 97/15) | 17 | | (Section scheduled to be repealed on January 1, 2017)
| 18 | | Sec. 15. Mercury switch collection programs. | 19 | | (a) Within 60 days of the effective date of this Act, | 20 | | manufacturers of vehicles in Illinois that contain mercury | 21 | | switches must begin to implement a mercury switch collection | 22 | | program that facilitates the removal of mercury switches from | 23 | | end-of-life vehicles before prior to the vehicles are being | 24 | | flattened, crushed, shredded, or otherwise processed for |
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| 1 | | recycling and to collect and properly manage mercury switches | 2 | | in accordance with the Environmental Protection Act and | 3 | | regulations adopted thereunder. In order to ensure that the | 4 | | mercury switches are removed and collected in a safe and | 5 | | consistent manner, manufacturers must, to the extent | 6 | | practicable, use the currently available end-of-life vehicle | 7 | | recycling infrastructure. The collection program must be | 8 | | designed to achieve capture rates of not less than (i) 35% for | 9 | | the period of July 1, 2006, through June 30, 2007; (ii) 50% for | 10 | | the period of July 1, 2007, through June 30, 2008; and (iii) | 11 | | 70% for the period of July 1, 2008, through June 30, 2009 and | 12 | | for each subsequent period of July 1 through June 30. At a | 13 | | minimum, the collection program must: | 14 | | (1) Develop and provide educational materials that | 15 | | include guidance as to which vehicles may contain mercury | 16 | | switches and procedures for locating and removing mercury | 17 | | switches. The materials may include, but are not limited | 18 | | to, brochures, fact sheets, and videos. | 19 | | (2) Conduct outreach activities to encourage vehicle | 20 | | recyclers and vehicle crushers to participate in the | 21 | | mercury switch collection program. The activities may | 22 | | include, but are not limited to, direct mailings, | 23 | | workshops, and site visits.
| 24 | | (3) Provide storage containers to participating | 25 | | vehicle recyclers and vehicle crushers for mercury | 26 | | switches removed under the program.
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| 1 | | (4) Provide a collection and transportation system to | 2 | | periodically collect and replace filled storage containers | 3 | | from vehicle recyclers, vehicle crushers, and scrap metal | 4 | | recyclers, either upon notification that a storage | 5 | | container is full or on a schedule predetermined by the | 6 | | manufacturers. | 7 | | (5) Establish an entity that will serve as a point of | 8 | | contact for the collection program and that will establish, | 9 | | implement, and oversee the collection program on behalf of | 10 | | the manufacturers. | 11 | | (6) Track participation in the collection program and | 12 | | the progress of mercury switch removals and collections.
| 13 | | (b) Within 90 days of the effective date of this Act, | 14 | | manufacturers of vehicles in Illinois that contain mercury | 15 | | switches must submit to the Agency an implementation plan that | 16 | | describes how the collection program under subsection (a) of | 17 | | this Section will be carried out for the duration of the | 18 | | program and how the program will achieve the capture rates set | 19 | | forth in subsection (a) of this Section. At a minimum, the | 20 | | implementation plan must: | 21 | | (A) Identify the educational materials that will | 22 | | assist vehicle recyclers, vehicle crushers, and scrap | 23 | | metal processors in identifying, removing, and properly | 24 | | managing mercury switches removed from end-of-life | 25 | | vehicles.
| 26 | | (B) Describe the outreach program that will be |
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| 1 | | undertaken to encourage vehicle recyclers and vehicle | 2 | | crushers to participate in the mercury switch collection | 3 | | program.
| 4 | | (C) Describe how the manufacturers will ensure that | 5 | | mercury switches removed from end-of-life vehicles are | 6 | | managed in accordance with the Illinois Environmental | 7 | | Protection Act and regulations adopted thereunder. | 8 | | (D) Describe how the manufacturers will collect and | 9 | | document the information required in the quarterly reports | 10 | | submitted pursuant to subsection (e) of this Section.
| 11 | | (E) Describe how the collection program will be | 12 | | financed and implemented. | 13 | | (F) Identify the manufacturer's address to which the | 14 | | Agency should send the notice required under subsection (f) | 15 | | of this Section.
| 16 | | The Agency shall review the collection program plans it | 17 | | receives for completeness and shall notify the manufacturer in | 18 | | writing if a plan is incomplete. Within 30 days after receiving | 19 | | a notification of incompleteness from the Agency the | 20 | | manufacturer shall submit to the Agency a plan that contains | 21 | | all of the required information. | 22 | | (c) The Agency must provide assistance to manufacturers in | 23 | | their implementation of the collection program required under | 24 | | this Section. The assistance shall include providing | 25 | | manufacturers with information about businesses likely to be | 26 | | engaged in vehicle recycling or vehicle crushing, conducting |
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| 1 | | site visits to promote participation in the collection program, | 2 | | and assisting with the scheduling, locating, and staffing of | 3 | | workshops conducted to encourage vehicle recyclers and vehicle | 4 | | crushers to participate in the collection program. | 5 | | (d) Manufacturers subject to the collection program | 6 | | requirements of this Section shall provide, to the extent | 7 | | practicable, the opportunity for trade associations of vehicle | 8 | | recyclers, vehicle crushers, and scrap metal recyclers to be | 9 | | involved in the delivery and dissemination of educational | 10 | | materials regarding the identification, removal, collection, | 11 | | and proper management of mercury switches in end-of-life | 12 | | vehicles. | 13 | | (e) (Blank). For the calendar quarter ending March 31, | 14 | | 2007, and for each calendar quarter thereafter, not later than | 15 | | 45 days following the close of the calendar quarter | 16 | | manufacturers subject to the collection program requirements | 17 | | of this Section must submit to the Agency a quarterly report | 18 | | that contains the following information: (i) the number of | 19 | | vehicle recyclers, vehicle crushers, and scrap metal recyclers | 20 | | participating in the manufacturer's collection program during | 21 | | the reported quarter, (ii) the number of mercury switches | 22 | | removed from end-of-life vehicles during the reported quarter | 23 | | by the vehicle recyclers, vehicle crushers, and scrap metal | 24 | | recyclers participating in the program, and (iii) the amount of | 25 | | mercury collected and recycled through the manufacturer's | 26 | | collection program during the reported calendar quarter. |
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| 1 | | (f) If the reports required under this Act indicate that | 2 | | the capture rates set forth in subsection (a) of this Section | 3 | | for the period of July 1, 2007, though June 30, 2008, or for | 4 | | any subsequent period have not been met the Agency shall | 5 | | provide notice that the capture rate was not met; provided, | 6 | | however, that the Agency is not required to provide notice if | 7 | | it determines that the capture rate was not met due to a force | 8 | | majeure. The Agency shall provide the notice by posting a | 9 | | statement on its website and by sending a written notice via | 10 | | certified mail to the manufacturers subject to the collection | 11 | | program requirement of this Section at the addresses provided | 12 | | in the manufacturers' collection plans. Once the Agency | 13 | | provides notice pursuant to this subsection (f) it is not | 14 | | required to provide notice in subsequent periods in which the | 15 | | capture rate is not met. | 16 | | (g) Beginning 30 days after the Agency first provides | 17 | | notice pursuant to subsection (f) of this Section, the | 18 | | following shall apply: | 19 | | (1) Vehicle recyclers must remove all mercury switches | 20 | | from each end-of-life vehicle before vehicles prior to | 21 | | delivering the vehicle vehicles to an on-site or off-site | 22 | | vehicle crusher or to a scrap metal recycler, provided that | 23 | | a vehicle recycler is not required to remove a mercury | 24 | | switch that is inaccessible due to significant damage to | 25 | | the vehicle in the area surrounding the mercury switch that | 26 | | occurred before prior to the vehicle recycler's receipt of |
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| 1 | | the vehicle in which case the damage must be noted in the | 2 | | records the vehicle recycler is required to maintain under | 3 | | subsection (c) of Section 10 Section 10(c) of this Act. | 4 | | (2) No vehicle recycler, vehicle crusher, or scrap | 5 | | metal recycler shall flatten, crush, or otherwise process | 6 | | an end-of-life vehicle for recycling unless all mercury | 7 | | switches have been removed from the vehicle, provided that | 8 | | a mercury switch that is inaccessible due to significant | 9 | | damage to the vehicle in the area surrounding the mercury | 10 | | switch that occurred before prior to the vehicle | 11 | | recycler's , or the vehicle crusher's , or scrap metal | 12 | | recycler's receipt of the vehicle is not required to be | 13 | | removed. The damage must
be noted in the records the | 14 | | vehicle recycler or vehicle crusher is required to maintain | 15 | | under subsection (c) of Section 10 Section 10(c) of this | 16 | | Act. | 17 | | (3) Notwithstanding paragraphs (1) through (2) of this | 18 | | subsection (g) subsection (g)(1) of this Section , a scrap | 19 | | metal recycler may agree to accept an end-of-life vehicle | 20 | | that contains one or more mercury switches and that has not | 21 | | been flattened, crushed, shredded, or otherwise processed | 22 | | for recycling provided the scrap metal recycler removes all | 23 | | mercury switches from the vehicle before the vehicle is | 24 | | flattened, crushed, shredded, or otherwise processed for | 25 | | recycling. Scrap metal recyclers are not required to remove | 26 | | a mercury switch that is inaccessible due to significant |
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| 1 | | damage to the vehicle in the area surrounding the mercury | 2 | | switch that occurred before prior to the scrap metal | 3 | | recycler's receipt of the vehicle. The damage must be noted | 4 | | in the records the scrap metal recycler is required to | 5 | | maintain under subsection (c) of Section 10 Section 10(c) | 6 | | of this Act. | 7 | | (4) Manufacturers subject to the collection program | 8 | | requirements of this Section must provide to vehicle | 9 | | recyclers, vehicle crushers, and scrap metal recyclers the | 10 | | following compensation for all mercury switches removed | 11 | | from end-of-life vehicles on or after the date of the | 12 | | notice: $2.00 for each mercury switch removed by the | 13 | | vehicle recycler, vehicle crusher, or the scrap metal | 14 | | recycler, the costs of the containers in which the mercury | 15 | | switches are collected, and the costs of packaging and | 16 | | transporting the mercury switches off-site.
Payment of | 17 | | this compensation must be provided in a prompt manner. | 18 | | (h) In meeting the requirements of this Section | 19 | | manufacturers may work individually or as part of a group of 2 | 20 | | or more manufacturers.
| 21 | | (Source: P.A. 94-732, eff. 4-24-06 .) | 22 | | Section 15. The Mercury-added Product Prohibition Act is | 23 | | amended by changing Section 27 as follows: | 24 | | (410 ILCS 46/27) |
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| 1 | | Sec. 27. Sale and distribution of certain mercury-added | 2 | | products prohibited. | 3 | | (a) On and after July 1, 2008, no person shall sell, offer | 4 | | to sell, or distribute the following mercury-added products in | 5 | | this State: | 6 | | (1) barometers;
| 7 | | (2) esophageal dilators, bougie tubes, or | 8 | | gastrointestinal tubes;
| 9 | | (3) flow meters; | 10 | | (4) hydrometers;
| 11 | | (5) hygrometers;
| 12 | | (6) manometers;
| 13 | | (7) pyrometers;
| 14 | | (8) sphygmomanometers;
| 15 | | (9) thermometers; or
| 16 | | (10) psychrometers ; .
| 17 | | (11) pressure transducers; | 18 | | (12) rings; | 19 | | (13) seals; or | 20 | | (14) sensors. | 21 | | (b) This Section does not apply to the sale of a | 22 | | mercury-added product listed in paragraphs (1) through (14) | 23 | | (10) of subsection (a) if use of the product is a federal | 24 | | requirement or if the only mercury-added component in the | 25 | | product is a button cell battery.
| 26 | | (c) This Section does not apply to the sale of a |
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| 1 | | mercury-added product listed in paragraphs (1) through (14) | 2 | | (10) of subsection (a) for which an exemption is obtained under | 3 | | this subsection (c). The manufacturer of the product may apply | 4 | | for an exemption for one or more uses of the product by filing | 5 | | a written petition with the Agency. The Agency may grant an | 6 | | exemption, with or without conditions, if the manufacturer | 7 | | demonstrates the following:
| 8 | | (1) a system exists for the proper collection, | 9 | | transportation, and processing of the product at the end of | 10 | | its useful life; and
| 11 | | (2) one of the following applies:
| 12 | | (i) use of the product provides a net benefit to | 13 | | the environment, public health, or public safety when | 14 | | compared to available nonmercury alternatives; or
| 15 | | (ii) technically feasible nonmercury alternatives | 16 | | are not available at comparable cost.
| 17 | | Before Prior to approving an exemption, the Agency may | 18 | | consult with other states to promote consistency in the | 19 | | regulation of the product for which the exemption is requested. | 20 | | The Agency may also publish notice of its receipt of petitions | 21 | | for exemptions on its website and consider public comments | 22 | | submitted in response to the petitions. Exemptions shall be | 23 | | granted for a term of 5 years and may be renewed for additional | 24 | | 5-year terms upon written application by the manufacturer if | 25 | | the manufacturer demonstrates that the criteria of this | 26 | | subsection (c) and the conditions of the product's original |
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| 1 | | exemption approval continue to be met. All petitions for | 2 | | exemptions and exemption renewals shall be submitted on forms | 3 | | prescribed by the Agency.
| 4 | | (Source: P.A. 95-87, eff. 8-13-07.)
| 5 | | Section 99. Effective date. This Act takes effect on July | 6 | | 1, 2012.".
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