Purpose

The purpose of 310 CMR 75.00 is to protect public health, safety, welfare and the environment by implementing the Mercury Management Act (St. 2006, c. 190). 310 CMR 75.00 prohibits the sale or distribution of mercury-added products in Massachusetts unless the manufacturer of the product creates, files with the Department, and implements a convenient and accessible collection plan for mercury-added products at the end-of-life, including a system for the direct return of the mercury-added product to the manufacturer or a collection and recycling plan, in accordance with M.G.L. c. 21C and 310 CMR 30.000: Hazardous Waste, using new or existing collection systems. 310 CMR 75.00 establishes performance standards and other requirements for collection and recycling plans, and requires a performance-based compliance certification in accordance with 310 CMR 70.00: Environmental Results Program Certification. In addition, 310 CMR 75.00 allows manufacturers of mercury-added lamps to satisfy the collection plan requirements via payment of an annual registration fee to the Department to be deposited into a Commonwealth expendable trust. 310 CMR 75.00 also applies to bans on the sale or distribution of mercury-added products and the process for obtaining an exemption to such bans. They also apply to the labeling of mercury-added products.