Requirements for Petitions

Section 182.204  Requirements for Petitions a)         Two copies of the petition must be submitted on forms prescribed by the Agency and must be mailed or delivered to the address designated by the Agency on the forms.  The Agency's record of the date of filing shall be deemed conclusive unless a contrary date is proven by a dated, signed receipt. b)         Petitions for exemptions from Section 22.23b of the Environmental Protection Act must include, but shall not be limited to, the following information: 1)         The petitioner's name, address, telephone number, and North American Industry Classification System (NAICS) code.  The petitioner's web address must also be included if the petitioner has a web address; 2)         The name, address, and telephone number of a contact person for the petitioner.  The contact person's e-mail address must also be included; 3)         Identification of the product for which the exemption is sought and a description of the specific uses of the product for which the exemption is sought; 4)         A description of the location of the mercury or mercury-containing component in the product and a description of how to remove the mercury or mercury-containing component; 5)         A description of the purpose of the mercury in the product; 6)         Identification of all available nonmercury alternatives to the product or mercury-containing component of the product; 7)         Documentation demonstrating that use of the product provides a net benefit to the environment, public health, or public safety when compared to each of the available nonmercury alternatives identified under subsection (b)(6) of this Section; 8)         Documentation demonstrating that a convenient and widely available system exists for the proper end of life collection, transportation, and processing of the product for which the exemption is sought.  The documentation must include, but shall not be limited to, a written plan for the proper collection, transportation, and processing of the product.  The plan must include, but shall not be limited to, the following: A)        A description of the system that will be used for the proper end of life collection, transportation, and processing of the product by the manufacturer, by an industry or trade group, or via another similar system that ensures the product is properly collected, transported, and processed; B)        Documentation demonstrating the readiness and willingness of all necessary parties to perform as intended in the collection, transportation, and processing system; C)        A description of the financing for the collection, transportation, and processing system; D)        A description of an education program that will inform the relevant portions of the public and private sectors about the product, the purpose of the collection, transportation, and processing system, and how consumers of the product may participate; E)        Identification of the annual collection goal for the product; F)         A description of the performance measures to be used to determine whether the collection, transportation, and processing system is meeting the annual collection goal for the product; G)        A description of the record keeping protocol to assure conformance with the plan; and H)        A description of additional or alternative actions that will be implemented to improve the collection, transportation, and processing of the product in the event the annual collection goal for the product is not met. c)         Petitions for exemptions from Section 27 of the Mercury-added Product Prohibition Act must include, but shall not be limited to, the following information: 1)         The petitioner's name, address, telephone number, and North American Industry Classification System (NAICS) code.  The petitioner's web address must also be included if the petitioner has a web address; 2)         The name, address, and telephone number of a contact person for the petitioner.  The contact person's e-mail address must also be included; 3)         Identification of the product for which the exemption is sought and a description of the specific uses of the product for which the exemption is sought; 4)         A description of the location of the mercury or mercury-containing component in the product and a description of how to remove the mercury or mercury-containing component; 5)         A description of the purpose of the mercury in the product; 6)         Identification of all available nonmercury alternatives to the product or mercury-containing component of the product; 7)         Documentation demonstrating that one of the following applies: A)        Use of the product provides a net benefit to the environment, public health, or public safety when compared to each of the available nonmercury alternatives identified under subsection (b)(6) of this Section; or B)        Technically feasible nonmercury alternatives are not available at comparable cost; 8)         Documentation demonstrating that a system exists for the proper collection, transportation, and processing of the product at the end of its useful life.  The documentation must include, but shall not be limited to, a written plan for the proper collection, transportation, and processing of the product. The plan must include, but shall not be limited to, the following: A)        A description of the system that will be used for the proper end of life collection, transportation, and processing of the product by the manufacturer, by an industry or trade group, or via another similar system that ensures the product is properly collected, transported, and processed; B)        Documentation demonstrating the readiness and willingness of all necessary parties to perform as intended in the collection, transportation, and processing system; C)        A description of the financing for the collection, transportation, and processing system; D)        A description of an education program that will inform the relevant portions of the public and private sectors about the product, the purpose of the collection, transportation, and processing system, and how consumers of the product may participate; E)        Identification of the annual collection goal for the product; F)         A description of the performance measures to be used to determine whether the collection, transportation, and processing system is meeting the annual collection goal for the product; G)        A description of the record keeping protocol to assure conformance with the plan; and H)        A description of additional or alternative actions that will be implemented to improve the collection, transportation, and processing of the product in the event the annual collection goal for the product is not met.