250-RICR-140-20-3
250-RICR-140-20-3. Rules and Regulations Governing the Administration and Enforcement of the Rhode Island Mercury Education and Reduction Act (version Amendment, 08/01/2007 to 08/01/2007)
State of Rhode Island and Providence Plantations
Department of Environmental Management
Office of Waste Management
Rules and Regulations Governing the Administration and Enforcement
of the Rhode Island Mercury Education and Reduction Act
Effective May 2004
Amended December 2005
Amended July 2007
Authority:
These rules and regulations are promulgated pursuant to the Mercury Education
and Reduction Act, R.I. General Law Chapter 23-24.9 (1956) and the Department
of Environmental Management, R.I. General Laws Chapter 42-17.1 (1956), in
accordance with R.I. General Laws Chapter 42-35, Administrative Procedures of
the R. I. General Laws of 1956, as amended.
1
State of Rhode Island and Providence Plantations
Department of Environmental Management
Rules and Regulations Governing the Administration and Enforcement of the
Rhode Island Mercury Education and Reduction Act
Table of Contents
1.
PURPOSE...........................................................................................................................................................3
2.
AUTHORITY.....................................................................................................................................................3
3.
APPLICATION..................................................................................................................................................3
4.
DEFINITIONS ...................................................................................................................................................3
5.
NOTIFICATION ...............................................................................................................................................7
6.
RESTRICTIONS ON MERCURY-ADDED NOVELTIES .........................................................................11
7.
LIMITATIONS ON THE USE OF ELEMENTAL MERCURY ...............................................................13
8. LABELING OF MERCURY-ADDED PRODUCTS....................................................................................14
9.
PHASE-OUTS AND EXEMPTIONS.............................................................................................................18
10. DISPOSAL BAN..............................................................................................................................................21
11. COLLECTION OF MERCURY ADDED PRODUCTS ..............................................................................22
12. MOTOR VEHICLES - REMOVAL OF MERCURY-ADDED CONVENIENCE LIGHT SWITCHES
.......................................................................................................................................................................24
13. FEES FOR SUBMITTAL OF PHASE-OUT EXEMPTIONS, ALTERNATIVE LABELING
COMPLIANCE PLANS, PRODUCT SPECIFIC NOVELTY DETERMINATIONS .........................27
14. APPLICATION TO PRODUCTS REGULATED BY FOOD AND DRUG ADMINISTRATION .........28
15. DENTAL AMALGAM SEPARATORS........................................................................................................28
16. DISCLOSURE PROVISION..........................................................................................................................29
17. ENFORCEMENT/PENALTIES....................................................................................................................29
18. APPEALS .........................................................................................................................................................29
19. SEVERABILITY .............................................................................................................................................30
20. EFFECTIVE DATE ........................................................................................................................................30
APPENDIX A- CERTIFICATION STATEMENT FOR THE SALE OR DISTRIBUTION OF ELEMENTAL
MERCURY.................................................................................................................................................................31
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1.
Purpose
In accordance with the Mercury Education and Reduction Act (as amended in 2003 and 2005,
and 2006) R.I. General Laws Chapter 23-24.9 (1956), the purpose of these regulations is to
improve public and ecosystem health by achieving significant reductions in environmental
mercury by encouraging the establishment of effective waste reduction, recycling, management
and education programs.
2.
Authority
These rules and regulations are promulgated pursuant to the authority contained in the Mercury
Education and Reduction Act, R.I. General Law Chapter 23-24.9 (1956) and the Department of
Environmental Management, R.I. General Laws Chapter 42-17.1(1956), in accordance with RI
General Law Chapter § 42-35, Administrative Procedures of the R. I. General Laws of 1956, as
amended.
3.
Application
The terms and provisions of these rules and regulations shall be liberally construed to permit the
Department to effectuate the purposes of state law, goals, and policies.
4.
Definitions
For the purposes of these regulations, the following terms shall have the following
meanings:
4.1 “Amalgam separator” means a device that removes dental amalgam from the
waste stream prior to discharge into either the local public wastewater system or a
private septic system located at the dental facility and that has been certified as
conforming to the standards of ISO 11143, Dental Equipment – Amalgam
Separators.
4.2 “Authorized senior management official” means a corporate official or the
individual responsible for the overall operation of a facility (or designated
authorized agent of the facility) or an operational unit of a facility, such as a plant
manager, superintendent, manager of environmental programs, or person of
equivalent responsibility.
4.3 “Capture rate” means the annual removal, collection, and recovery of mercury
switches, as a percentage of the total number of mercury switches available for
removal from end-of-life vehicles as determined by the Department of
Environmental Management. Capture rate shall not include mercury switches that
are inaccessible due to significant damage to the motor vehicle in the area where the
mercury switch is located.
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4.4 "Component" means a mercury-added product that is incorporated into another
product to form a fabricated mercury-added product, including, but not limited to,
electrical switches and lamps.
4.5 “Component manufacturer” means any person who produces a mercury-added
product that is incorporated into another product, including but not limited to
electrical switches, relays, and lamps.
4.6 “Department” means the Rhode Island Department of Environmental Management.
4.7 “Director" means the Director of the Rhode Island Department of Environmental
Management or his or her designee.
4.8 “Elemental mercury” means a heavy, silvery-white metal that is liquid at room
temperature and is represented by the chemical symbol “Hg” with an atomic
number of 80 and an atomic mass of 200.59.
4.9 “End-of-life motor vehicle” means any vehicle that is sold, given, or otherwise
conveyed to a vehicle recycler or a scrap recycling facility for the purpose of
recycling.
4.10 “Fabricated mercury-added product" means a product that consists of a
combination of individual components that combine to make a single unit,
including, but not limited to, mercury-added measuring devices, lamps and switches
to which mercury or a mercury compound is intentionally added in order to provide
a specific characteristic, appearance, or quality, or to perform a specific function or
for any other reason.
4.11 “Fluorescent lamp” means a low-pressure mercury electric-discharge lamp in
which a fluorescing coating (phosphor) transforms some of the ultraviolet energy
generated by the discharge into light.
4.12 "Formulated mercury-added product" means a product that includes, but is not
limited to, laboratory chemicals, cleaning products, cosmetics, pharmaceuticals and
coating materials that are sold as a consistent mixture of chemicals to which
mercury or a mercury compound is intentionally added in order to provide a
specific characteristic, appearance, or quality, or to perform a specific function or
for any other reason.
4.13 "Healthcare facility" means any hospital, nursing home, extended care facility,
long-term care facility, clinical or medical laboratory, state or private health or
mental institution, clinic, physician's office or health maintenance organization.
4.14 “Interstate Mercury Education and Reduction Clearinghouse or IMERC” means
the program established under the auspices of the Northeast Waste Management
Officials’ Association (NEWMOA) to facilitate tasks and serve as a single point of
contact for the manufacturers, distributors, or importers of mercury-added products
to facilitate compliance with state requirements for these products.
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4.15 “Laboratory chemical standards” means a material or substance whose chemical
properties are sufficiently homogeneous and that are intended for use in the
calibration of analytical instruments or validating measurement techniques related
to the assignment of mercury values. (emphasis added)
4.16 “Manufacturer” means manufacturer as defined in R.I. General Laws Chapter 23-
24.9, namely any person, firm, association, partnership, corporation, governmental
entity, organization, combination, or joint venture that produces a mercury-added
product or an importer or domestic distributor of a mercury-added product produced
in a foreign country. In the case of a multi-component mercury-added product, the
manufacturer is the last manufacturer to produce or assemble the product. If the
multi-component product is produced in a foreign country, the manufacturer is the
importer or domestic distributor.
4.17 "Mercury-added button cell battery" means a button cell battery to which the
manufacturer intentionally introduces mercury for the operation of the battery.
4.18 “Mercury-added component” or “Mercury switch” means (for the purpose of
Section 12 of these regulations) a mercury-added convenience light switch
assembly or mercury containing capsule from a convenience light switch from an
end-of-life motor vehicle.
4.19 "Mercury-added novelty" means a mercury-added product intended mainly for
personal or household enjoyment or adornment. Mercury-added novelties include,
but are not limited to, items intended for use as figurines, adornments, toys, games,
cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations,
items of apparel (including footwear), or similar products.
4.20 “Mercury-added product" means a product, commodity, chemical or a product with
a component that contains mercury or a mercury compound intentionally added to
the product, commodity, chemical or component in order to provide a specific
characteristic, appearance, or quality, or to perform a specific function or for any
other reason. These products include formulated mercury-added products and
fabricated mercury-added products.
4.21 “Mercury compound” means a substance composed of elemental mercury and one
or more other chemical elements in fixed proportions.
4.22 "Mercury fever thermometer" means a mercury-added product that is used for
measuring body temperature.
4.23 "Motor vehicle" means every vehicle which is self-propelled or propelled by
electric power obtained from overhead trolley wires, but not operated upon rails,
except vehicles moved exclusively by human power, an EPAMD, electric
motorized bicycles and motorized wheelchairs (as defined in the RI Motor Vehicle
Code R.I. General Laws § 31-1-3).
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4.24 “Offer for sale or use" means any presentation for acceptance or rejection made by
any means, including those that are electronically conveyed.
4.25 "Person" means any individual, group of individuals, firm, joint stock company,
association, partnership, private or municipal corporation, government or quasi-
governmental corporation, state, commission, political subdivision of the state, any
interstate body, or the federal government or any agency or subdivision thereof.
4.26 “Prescription” means a verbal or written order for drugs, medicines and devices by
a licensed practitioner, to be compounded or dispensed by licensed pharmacists in
a duly registered pharmacy, and to be kept on file for a period of four (4) years.
Prescriptions may also apply to the finished products dispensed by the licensed
pharmacists in the registered pharmacy, on order of a licensed practitioner.
4.27 “Product category” means a group of mercury-added products that have the same
purpose for having the mercury in each unit, the same consumer or commercial use,
and an amount of mercury per unit for all products that fall within the category.
4.28 “Provider of elemental mercury” means any person that offers elemental mercury
for sale or use or otherwise distributes elemental mercury.
4.29 “Recipient of elemental mercury” means any person who purchases or otherwise
receives elemental mercury.
4.30 “School” means any public or private kindergarten, elementary, secondary, or
secondary vocation-technical school or Head Start facility or other institution for
the teaching of children in Rhode Island.
4.31 “Scrap recycling facility” means a fixed location where machinery and equipment
are utilized for processing and manufacturing scrap metal into prepared grades
and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap
for sale for remelting purposes.
4.32 “Vehicle recycler” means an individual or entity required to be licensed under the
provisions of R.I. General Laws § 42-14.2-3 that engages in the business of
acquiring, dismantling, parts recycling from, or destroying six (6) or more end-of-
life vehicles in a calendar year.
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5.
Notification
Notification Requirements In Accordance with by R.I. General Laws § 23-24.9-5: Reporting by
Manufacturers or Industry/Trade Groups.
5.1 Initial Notification
5.1.1
The notification for a mercury-added product(s) required by R.I. General
Laws § 23-24.9-5, shall include, at a minimum, the following information
for the manufacturer of the product(s):
5.1.1.1
The manufacturer’s full legal name and mailing address;
5.1.1.2
The name, address, and telephone number of a contact person for the
manufacturer;
5.1.1.3
If the manufacturer corresponds via e-mail or otherwise has a presence
on the Internet, the contact person’s e-mail address and/or
manufacturer’s web address, as applicable; and
5.1.2
If the notification, including information required under 5.1.1, for a
mercury-added product(s) is submitted by a manufacturer’s designated
industry or trade group, the notification shall include the following
information:
5.1.2.1
The company or organization’s full legal name and mailing address;
5.1.2.2
The name, address, and telephone number of a contact person for the
company or organization; and
5.1.2.3
If the company or organization corresponds via e-mail or otherwise
has a presence on the Internet, the contact person’s e-mail address
and/or organization’s web address, as applicable.
5.1.3
The notification for a mercury-added product(s), shall include the following
information on the mercury-added product(s):
5.1.3.1
A description of the product or product category;
5.1.3.2
The amount of mercury in each unit of the product, reported in
milligrams (mg) or parts-per-million (ppm) either as an exact number,
as an average per unit with an upper and lower limit, or as falling
within one (1) of the ranges specified in Section 5.1.4 of these
regulations;
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5.1.3.3
The purpose of mercury in each unit of the product;
5.1.3.4
If the mercury-added product or product category contains one (1) or
more mercury-added components in the product, the information
required under Section 5.1.3.1 through 5.1.3.3 above shall be provided
for each mercury-added component contained in the product; and
5.1.3.5
If the mercury-added product or product category contains one (1) or
more mercury-added components in the product, the notification shall
indicate how many units of each component are contained in each unit
of the product.
5.1.4
The manufacturer shall use the following ranges when reporting mercury
content of mercury-added products by range and for classifying products
according to the mercury content in each unit of the mercury-added product:
5.1.4.1
Greater than 0 but less than or equal to 5 milligrams (mg);
5.1.4.2
Greater than 5 mg but less than or equal to 10 mg;
5.1.4.3
Greater than 10 mg but less than or equal to 50 mg;
5.1.4.4
Greater than 50 mg but less than or equal to 100 mg;
5.1.4.5
Greater than 100 mg but less than or equal to 1000 mg; or
5.1.4.6
Greater than 1000 mg.
5.1.5
If a manufacturer of a mercury-added formulated product elects to use the
specified ranges in Section 5.1.4, they shall report the milligrams of mercury
per one (1) liter of the mercury-added formulated product.
5.1.6
The notification shall provide the name and title of the authorized senior
management official signing the notification on behalf of the manufacturer.
5.1.7
An authorized senior management official shall:
5.1.7.1
Sign and date the notification form; and
5.1.7.2
Certify by the individual’s signature that the information submitted on
the form(s) is true and accurate to the best of their knowledge and
belief, subject to a penalty for making false statements.
5.1.8
The notification information required under Section 5.1 shall be submitted
on a form obtained from the Interstate Mercury Education and Reduction
Clearinghouse (IMERC).
5.1.9
The notification shall be submitted to the Interstate Mercury Education and
Reduction Clearinghouse (IMERC). If information is submitted to the
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Department, in accordance with these regulations, it is assumed to be a
public record unless exempt under R.I. General Laws § 38-2-2 (R.I. Access
to Public Records Act).
5.1.10
The manufacturer of a product containing a mercury-added button cell
battery(ies) shall comply with all the requirements of Section 5.1.1 through
Section 5.1.9 above, even if the battery is the only mercury or mercury-
added component in their product.
5.2
Updated Notification
5.2.1
The manufacturer, or the manufacturer’s designated industry or trade group,
shall update and revise the information in the notification whenever there is
a significant change in the information or when requested by the Director.
5.2.2
A significant change that triggers the requirement to provide an updated
notification shall be deemed to have occurred whenever:
5.2.2.1
Any of the following contact information has changed for the
manufacturer or the manufacturer’s industry or trade group: (i)
company or organization name, (ii) name of the company’s or
organization’s contact person, and (iii) mailing address or phone
number for the contact person;
5.2.2.2
The mercury has been eliminated from the product or product
category;
5.2.2.3
The manufacturer stops manufacturing the mercury-added product or
product category;
5.2.2.4
The mercury-added product or product category is no longer sold in
Rhode Island; or
5.2.2.5
It has been 3 years since the previous notification was approved.
5.2.3
The updated notification shall include the following:
5.2.3.1
All the information required by R.I. General Laws § 23-24.9-5; and
5.2.3.2
The reason for the update.
5.2.4
An authorized senior management official shall:
5.2.4.1
Sign and date the updated notification form; and
5.2.4.2
Certify by the individual’s signature that the information submitted on
the form(s) is true and accurate to the best of their knowledge and
belief, subject to a penalty for making false statements.
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5.2.5
The updated notification shall be submitted on a form obtained from the
Interstate Mercury Education and Reduction Clearinghouse (IMERC).
5.2.6
The updated notification shall be submitted to the Interstate Mercury
Education and Reduction Clearinghouse (IMERC). If information is
submitted to the Department, in accordance with these regulations, it is
assumed to be a public record unless exempt under R.I. General Laws § 38-
2-2 (R.I. Access to Public Records Act).
5.3
Reporting by Product Category
5.3.1
Two or more mercury-added products may be reported as a product category
under the following conditions:
5.3.1.1
All products included in the product category have the same purpose
for having mercury in the product and have the same mercury-added
components; and
5.3.1.2
For products with mercury-added or with one mercury-added
component, all the products included in the product category contain a
total amount of mercury per unit, on average, that falls within one of
the ranges defined in Section 5.1.4; or
5.3.1.3
For products with multiple mercury-added components, all like
components of the products included in the product category contain a
total amount of mercury per unit, on average, that falls within one of
the ranges defined in Section 5.1.4.
5.4
Reporting Total Mercury in All Mercury-Added Products
5.4.1
A manufacturer of a mercury-added product(s), or the manufacturer’s
designated industry or trade group, shall submit a notification providing
information on the total amount of mercury in all products required by R.I
General Laws § 23-24.9-5.
5.4.2
The information on the total amount of mercury in all mercury-added
products sold in the United States for a calendar year shall be reported by
product or product category.
5.4.3
If the information on the total amount of mercury contained in all mercury-
added products sold in the United States over the last calendar year is to be
submitted by an industry or trade group, the manufacturer shall provide the
following information in a separate notification:
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5.4.3.1
The name and address of the designated industry or trade group;
5.4.3.2
The name, address, and telephone number for a contact person for the
industry or trade group; and
5.4.3.3
A statement that the information will be provided by an industry or
trade group.
5.4.4
The notification of the total amount of mercury in all mercury-added
products shall include the following information:
5.4.4.1
The manufacturer’s or industry or trade group’s name and address;
5.4.4.2
The name, address, and telephone number of a contact person for the
manufacturer or industry or trade group;
5.4.4.3
If the manufacturer or industry or trade group corresponds via e-mail
or otherwise has a presence on the Internet, the contact person’s e-mail
address and/or manufacturer’s web address, as applicable;
5.4.4.4
If the information on the total amount of mercury contained in all
mercury-added products sold in the United States over the last
calendar year is submitted by an industry or trade group, the industry
or trade group shall specify the manufacturers for whom it is reporting;
and
5.4.4.5
The total amount of mercury in all mercury-added products sold in the
United States for the previous calendar year.
5.4.5
Information on the total amount of mercury contained in all mercury-added
products sold in the United States shall be submitted to the Department by
April 1st for the previous calendar year.
5.4.6
The manufacturer or industry or trade group shall submit information on the
total amount of mercury in all mercury-added products sold in the United
States for a calendar year every 3 years thereafter.
6.
Restrictions on Mercury-Added Novelties
6.1
Mercury-Added Novelties: After January 1, 2003, no mercury-added novelty
shall be offered for final sale or use or distributed for promotional purposes in
Rhode Island. This ban on sale, use or distribution does not apply to a novelty
incorporating one or more mercury-added button cell batteries as its only
mercury-added component.
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6.2
A mercury-added product which meets the definition of a mercury-added novelty
in Section 4 and meets one or more of the following criteria (6.2.1 through 6.2.3)
is a mercury-added novelty and subject to the January 1, 2003 deadline:
6.2.1
Mass produced and distributed for promotional or advertisement purposes;
6.2.2
Easily or regularly discarded into the waste-stream;
6.2.3
Reasonably understood to be a non-essential product.
Not all criteria (Section 6.2.1 through 6.2.3) need to be met for a mercury-
added product to be a mercury-added novelty for the purposes of these
regulations.
6.3
Product Specific Novelty Determination: Manufacturers may request that the
Department evaluate a specific mercury-added product to determine if it is a
mercury-added novelty under these regulations. In evaluating these products, the
Department shall consider the criteria in Section 6.2 and may take into
consideration whether an alternative non-mercury-added product, similar in
function, size and price, exists. The Department is authorized to request any
additional written information it deems necessary to make an appropriate
determination. All fees required pursuant to Section 13 of these regulations for
product specific novelty determinations shall be paid to the Department at the
time that the determination is requested.
6.4
Manufacturers that produce and sell mercury-added novelties shall notify retailers
about the provisions of this product ban (Section 6, Restrictions on Mercury-
Added Novelties). The notification by manufacturers to retailers of mercury-
added novelty items, shall include the following information:
6.4.1
A statement that pursuant to R.I. General Laws § 23-24.9-6, no mercury-
added novelty shall be offered for final sale or use or distributed for
promotional purposes in Rhode Island after January 1, 2003;
6.4.2
The specific product(s) from the manufacturer covered under the
notification; and
6.4.3
Information on how to properly dispose of the remaining inventory,
including at a minimum that any remaining stock of mercury-added
novelties must be recycled or disposed as hazardous waste in accordance
with regulations promulgated pursuant to R.I. General Laws § 23-19.1 (The
Rhode Island Hazardous Waste Management Act).
6.5
The restrictions on the sale and distribution of mercury-added novelty items shall
not apply to novelty items containing a mercury-added button cell battery if the
battery is the only mercury or mercury-added component in the item.
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7.
Limitations on the Use of Elemental Mercury
7.1
After January 1, 2003, a provider of elemental mercury in Rhode Island, including
intermediate distributors and distillers, shall distribute elemental mercury to end-
users in Rhode Island only for the allowable uses, specifically for medical, dental,
or research purposes.
7.2
The provider of the elemental mercury shall provide the recipient of the elemental
mercury with the Material Safety Data Sheet (MSDS) for elemental mercury, as
defined in 42 U.S.C. Section 11049 with each delivery of elemental mercury.
7.3
The purchaser or recipient of elemental mercury shall sign a statement (Appendix
A), which includes, in accordance with R.I. General Laws § 23-24.9-12, the
following information:
7.3.1
Name and address of the provider of elemental mercury;
7.3.2
Name, address, and telephone number, of a contact person for the provider
of elemental mercury;
7.3.3
If the provider corresponds via e-mail or otherwise has a presence on the
Internet, the contact person’s e-mail address and/or provider’s web address,
as applicable;
7.3.4
Name and address of the recipient of elemental mercury;
7.3.5
Name, address, and telephone number of a contact person for the recipient
of elemental mercury;
7.3.6
If the recipient corresponds via e-mail or otherwise has a presence on the
Internet, the contact person’s e-mail address and/or recipient’s web address,
as applicable;
7.3.7
Amount of mercury provided to the recipient in that delivery;
7.3.8
Date of the transfer;
7.3.9
A statement indicating that the recipient of the elemental mercury
understands and agrees to the following restrictions specified in R.I. General
Laws § 23-24.9-12:
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7.3.9.1
The recipient of the elemental mercury shall use the mercury only for
medical, dental amalgam dispose-caps, or research purposes;
7.3.9.2
The recipient of the elemental mercury understands that mercury is
toxic and shall store and use it appropriately so that no person is
exposed to the mercury; and
7.3.9.3
The recipient of the elemental mercury shall not place or allow anyone
under the purchaser's control to place the mercury or cause the
mercury to be placed in solid waste or red bag regulated medical waste
for disposal or in a wastewater treatment and disposal system except in
accordance with all applicable federal, state and local requirements.
7.3.10
The intended allowable use of the mercury by the recipient, namely whether
it is to be used for medical, dental, research purposes, or for further
distribution for these intended uses; and
7.3.11
Name and title of the authorized senior management official for the recipient
of the elemental mercury signing the certification statement.
7.4
The information required pursuant to Section 7.3 shall be submitted to the
Department on the form included in Appendix A of these regulations.
7.5
An authorized senior management official for the recipient of the elemental
mercury shall:
7.5.1
Sign and date the completed certification statement form; and
7.5.2
Certify by the individual’s signature that the information submitted on the
form is true and accurate to the best of the individual’s knowledge and
belief, subject to a penalty for making false statements.
7.6
The recipient of elemental mercury shall complete and sign a separate
certification statement for each delivery of elemental mercury.
7.7
The provider of the elemental mercury shall forward each completed certification
statement to the Department.
7.8
The provider shall forward completed certification statements to the Department
at least monthly, unless no elemental mercury was offered for sale or use during
the previous month.
8. Labeling of Mercury-Added Products
8.1
General Labeling Requirements. Except as provided for in Section 8.2
regarding motor vehicle components, after January 1, 2006, a manufacturer or
retailer shall not sell a mercury-added product in Rhode Island unless the
manufacturer complies with one of the following:
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8.1.1
Labels the product in accordance with the standards set forth in Sections 8.3
and 8.4; or
8.1.2
Conforms to the terms of an approved alternative compliance plan under
Section 8.5; or
8.1.3
Documents to the Department under Section 8.6 that the product is labeled
in compliance with labeling requirements enacted by another state.
8.2
Labeling of Motor Vehicle Components. Beginning January 1, 2006, each new
motor vehicle sold on or after that date must have a label listing the mercury-
added products that may be components in the vehicle. The label must be affixed
in a visible location on the doorpost of the driver’s compartment (and not on the
door itself) unless a different location is proposed by the manufacturer and
approved by the Department under Section 8.5 or used by another state in
accordance with Section 8.6. The label wording and font size also must be
approved by the Department or another state. In approving an alternative
compliance plan for motor vehicles under Section 8.5, the Department may not
require a label to be affixed to individual mercury-added components unless
proposed by the manufacturer.
8.3
Labeling Standards. Prior to sale of a mercury-added product, the manufacturer
of the product shall affix or cause to be affixed a label that conforms to the
requirements of this Section.
8.3.1
Labeling Content. Clearly informs the purchaser and consumer, using
words or symbols, that the product contains mercury and may not be
disposed of or placed in a waste stream destined for disposal until the
mercury is removed and reused, recycled or otherwise managed to ensure
that mercury does not become part of solid waste or wastewater. The
following wording is acceptable:
Contains Mercury. Don’t Put in Trash. Recycle or Manage as Hazardous Waste.
or
Contains Mercury, Dispose of Properly
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8.3.2 Label Placement
8.3.2.1
Labels shall be placed on the mercury-added component, any larger
product that contains the component, and the package.
8.3.2.2
The label must be located on a surface of the product. If the product
has physical characteristics (such as extreme hot or cold temperatures,
the product surface is too small or attachment of a label directly on the
surface interferes with the specific function of the product), then a
manufacturer can submit an alternative labeling request
8.3.2.3
For products that incorporate mercury-added components, both the
incorporated component and the larger product must be labeled. The
label on the larger product must identify and describe each mercury-
added component. The label should also identify where in the larger
fabricated product each component is found.
8.3.2.4
The label must be affixed to the product such that the label is clearly
visible and legible. A label printed using 10 point font or larger is
presumed to be legible.
8.3.2.5
Labels affixed to products must be printed, mounted, molded,
engraved or otherwise affixed using materials that are sufficiently
durable to remain legible under the conditions of product’s intended
use and the useful life of the product.
8.3.3 Product Package Labeling
8.3.3.1
Labels are required on mercury-added product packaging, except when
the product either has no package or is not packaged in a conventional
type of packaging (where a label cannot be affixed such as shrink
wrap, crated or loaded on pallets).
8.3.3.2
Labels are not required on a "clam shell" type package where the
product label can easily be viewed through the clear packaging.
8.3.3.3
If component replacement parts are sold as an individual item to end
use consumers, the replacement part package must be labeled.
8.3.3.4
If a manufacturer purchases a product from another manufacturer and
repackages the product to identify the product with their own company
name, the manufacturer repackaging the product is responsible for re-
labeling the package.
8.3.3.5
Where the purchaser or recipient is unable to view the labels on the
product or product packaging at the time of purchase or receipt, such
as in catalog sales transactions that occur over the internet or
telephone, the manufacturer or retailer shall, prior to sale or
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distribution, clearly inform the purchaser or recipient that the product
contains mercury.
8.4
Mercury-Added Component Parts. Except as otherwise provided in Section 8.2
(motor vehicles components), mercury-added products that are components of
larger products offered for sale in Rhode Island must be labeled in accordance
with the requirements of Section 8. If the component is enclosed in the larger
product such that the label on the component cannot be seen, then the product
containing the component also must be labeled in accordance with the
requirements of this Section and the label must identify the component in
sufficient detail so that it may be readily located for removal. If the component is
incorporated in the larger product such that the label on the component is fully
visible, then labeling of the larger product is not required.
8.5. Alternative Labeling Compliance Plan. A manufacturer may apply to the
Department for approval to carry out an alternative compliance plan in lieu of
compliance with the requirements of Sections 8.2, 8.3 and 8.4. All fees required
for alternative labeling compliance plans pursuant to Section 13 of these
regulations shall be submitted to the Department at the time of application.
8.5.1
Application. An application for approval of an alternative compliance plan
must be in writing and must:
8.5.1.1
Identify each requirement of these regulations (e.g. font size;
placement of the label directly on the product) for which alternative
compliance is proposed;
8.5.1.2
Describe the proposed alternative and explain the justification for it;
8.5.1.3
Describe how the alternative ensures that purchasers or recipients of
mercury-added products are made aware of mercury content prior to
purchase or receipt;
8.5.1.4
Describe how a person discarding the product will be made aware of
the need for proper handling to ensure that it does not become part of
solid waste or wastewater;
8.5.1.5
Document the readiness of all necessary parties to implement the
proposed alternative; and
8.5.1.6
Describe the performance measures to be used by the manufacturer to
demonstrate that the alternative is providing effective pre-sale and pre-
disposal notification.
8.5.2
Application Review. The Departments review of a proposed alternative
compliance plan shall consider the feasibility of compliance with the
requirements of Sections 8.2, 8.3 and 8.4 and whether the proposed
alternative would be at least as effective as the regulations in providing pre-
sale notification of mercury content and instructions on proper management
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as well as other factors. Based on its review, the Department may approve,
conditionally approve or reject an application for alternative compliance.
8.5.3
Duration. An alternative labeling compliance plan may be approved for a
period of no more than three (3) years and may be renewed upon request,
provided that, the applicant demonstrates continued eligibility under the
criteria of this Section and is in full compliance with the conditions attached
to its prior approval. Requests for renewal must be submitted to the
Department in writing at least 90 days prior to expiration. The request must
indicate any changes in the product or packaging covered by the plan or any
changes in the conditions cited by the manufacturer in support of its original
request to carry out an alternative compliance plan.
8.6
Consistency With Other States. The manufacturer of a mercury-added product
may comply with the labeling requirement of Rhode Island law by labeling all
units of the product sold in Rhode Island in compliance with corresponding
labeling requirements adopted by another state. A manufacturer may comply in
this manner by providing the Department with the following documents:
8.6.1
A copy of the label as it will appear on products and product packaging sold
in Rhode Island;
8.6.2
A copy of the letter approving the use of the label in another state; and
8.6.3
A copy of the application or labeling plan approved by that state.
Submittal of these documents to the Department by the manufacturer constitutes
compliance with this Section unless, within 45 days of receipt by the Department, the
Department notifies the manufacturer that the label or labeling alternative violates
Rhode Island law and explains in writing the nature of the violation.
8.7
Mercury-Added Lamps, Large Use Applications. A person who sells mercury-
added lamps in bulk for use in industrial, commercial or office buildings must
inform the purchaser (e.g., by written notice on the sales invoice or in a separate
document) that the lamps contain mercury, a federally regulated hazardous
substance, and must be managed as hazardous/universal waste.
8.8
In accordance with R.I. General Laws §23-24.9-8, Section 8 does not apply to
mercury-added button cell batteries and products whose only mercury component
is a mercury button cell battery or mercury-added lamp, although the individual
lamps are subject to the labeling requirement of Section 8.
9. Phase-Outs and Exemptions
9.1
No mercury-added product shall be offered for final sale or use or distributed for
promotional purposes in Rhode Island if the mercury content of the product
exceeds:
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9.1.1
One gram (1000 milligrams) for mercury-added fabricated products or two
hundred fifty (250) parts per million (ppm) for mercury-added formulated
products, effective January 1, 2006;
9.1.2
One hundred (100) milligrams for mercury-added fabricated products or
fifty (50) parts per million (ppm) for mercury-added formulated products,
effective July 1, 2007; and
9.1.3
Ten (10) milligrams for mercury-added fabricated products or ten (10) parts
per million (ppm) for mercury-added formulated products, effective July 1,
2009.
9.2
For a product that contains one (1) or more mercury-added products as a
component, Section 9 is applicable to each component part or parts and not to the
entire product.
9.3
For a product that contains more than one (1) mercury-added product as a
component, the phase-out limits specified in Section 9.1.1 through 9.1.3 apply to
each component and not the sum of the mercury in all of the components.
9.4
Exemptions – Certain Lamps. Fluorescent lamps and high intensity discharge
(HID) lamps, including metal halide, high pressure sodium, and mercury vapor
types, shall be exempt from the requirements of Section 9.1. As of January 1,
2010, the mercury content of fluorescent bulbs shall either not exceed ten (10)
milligrams or the manufacturer shall comply with the exemption requirements
pursuant to Section 9.6 below.
9.5
Exemptions – Federal and State Health and Safety Requirements. A
mercury-added product shall be exempt from the limits on total mercury content
set forth in Section 9.1 if the level of mercury or mercury compounds contained in
the product are required in order to comply with federal or state health or safety
requirements. In order to claim this exemption, the manufacturer shall notify the
Department, in writing, and provide the legal justification for the claim of
exemption. In addition, laboratory chemical standards shall be exempted from the
requirements of Section 9.1.
9.6
Application for Exemptions. Manufacturers of a mercury-added product or
category of products may apply to the Director for an exemption from the limits
on total mercury content set forth in Section 9.1. If approved, the time period
associated with each manufacturer's exemption shall not exceed five (5) years.
All fees required for phase-out exemption requests shall be submitted to the
Department at the time of the request pursuant to Section 13. The manufacturer,
or an organization/company acting directly on behalf of the manufacturer, shall
complete and sign a form as provided by the Department that provides the
following information, including attachments:
9.6.1
The full legal name and address of the manufacturer. If a company or
organization other than the manufacturer is applying for the exemption, the
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completed form shall include the company or organization’s full legal name
and mailing address.
9.6.2
The name, address and telephone number of a contact person for the
manufacturer. If a company or organization other than the manufacturer is
applying for the exemption, the completed form shall include the name,
address and telephone number of a contact person for the company or
organization.
9.6.3
If the manufacturer corresponds via email or otherwise has a presence on
the Internet, the contact person’s email address and/or manufacturers web
address, as applicable. If a company or organization other than the
manufacturer is applying for the exemption, the completed form shall
include the contact person’s email address and/or organizations web
address, as applicable.
9.6.4
A copy of the latest approval letter issued by the IMERC upon completion
of the notification requirements set forth in Section 5 of these regulations.
9.6.5
An explanation of the specific reason(s) for the requested exemption.
9.6.6
An explanation of how the manufacturer, either on its own or in
conjunction with other parties, plans to collect, transport and process the
product at the end of its useful life.
9.6.7
Documentation of the readiness of all other parties to perform as
intended in the planned collection system.
9.6.8
An explanation of why the product is not detrimental to the environment or
is protective of public health and safety.
9.6.9
An explanation about why there is no technically feasible alternative to the
use of mercury in the product.
9.6.10 An explanation about whether or not a comparable non-mercury-added
product exists and is available at reasonable cost.
9.6.11 If applicable, provide documentation that the product or product category
has been exempted from phase-out provisions for mercury-added products
required in other states in the United States participating in the Interstate
Mercury Education and Reduction Clearinghouse (IMERC).
9.6.12 A signed, dated and notarized statement certifying that the information on
the form is true and accurate to the best of the individual’s knowledge and
belief, subject to all penalties available under RI law for making false
statements to the government.
9.6.13 All requests for exemptions shall be made in writing on the form as
provided by and submitted to the Department.
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9.6.14 Exemption requests submitted to the Department pursuant to Section 9.1.1
shall be submitted immediately following the effective date of these
regulations.
9.6.15
The Department will only ensure a decision on an exemption request for
Section 9.1.2 and Section 9.1.3 by the effective date of the phase-out for
those requests submitted at least 120 days prior to the effective date of the
phase-out.
9.6.16
The Director may request additional information from the manufacturer or
company/organization acting on behalf of the manufacturer if necessary to
determine whether the product shall be granted an exemption.
9.7
The Director may grant, with modifications or conditions, an application for an
exemption under Section 9.6 for a product or category of products if he or she
finds: (i) a system exists for the proper collection, transportation and processing
of the mercury-added product, including direct return of a waste product to the
manufacturer, an industry or trade group supported collection and recycling
system, or other similar private or public sector efforts; and (ii) he or she finds the
following criteria are met:
9.7.1
Use of the product is not detrimental to the environment, or is
protective of public health or protective of public safety; and/or
9.7.2
There is no technically feasible alternative to the use of mercury in
the product; and
9.7.3
There is no comparable non-mercury-added product available at
reasonable cost.
9.8
Prior to issuing any exemption, the Director shall consult with other states and
provinces and regional organizations to promote consistency. The Department
shall attempt to avoid inconsistencies in the implementation of Section 9. Upon
reapplication by the manufacturer and findings by the Director of continued
eligibility under Section 9.7 and of compliance by the manufacturer with the
conditions of the Director’s original approval, an exemption may be renewed one
(1) or more times and each renewal may be for a period of no longer than five (5)
years.
10. Disposal Ban
10.1 Except as otherwise provided in these regulations, after July 1, 2006, no person
shall dispose of mercury-added products in a manner other than by recycling or
disposal as hazardous waste, Universal Waste, or household hazardous waste (if
applicable). Mercury from mercury-added products may not be discharged to
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water, wastewater treatment, and wastewater disposal systems except when it is
done in compliance with local, state, and federal applicable requirements.
10.2 If a formulated mercury-added product is a cosmetic or pharmaceutical product
subject to the regulatory requirements relating to mercury of the federal Food and
Drug Administration (FDA), then the product is exempt from the requirements of
Section 10.
10.3 Section 10 shall not apply to:
10.3.1 The disposal of a mercury-added button cell battery by any person;
10.3.2 The disposal of components in motor vehicles except as provided for in
Section 12 of these regulations.
10.3.3 The disposal of lamps and products containing lamps generated
from a household.
10.4 In accordance with R.I. General Laws § 23-24.9-9, the restrictions on amalgam
waste recycling shall be implemented as provided for in R.I. General Law § 23-
24.9-9.3 and Section 15 of these regulations.
11. Collection of Mercury Added Products
11.1 Collection Requirement.
11.1.1 On and after January 1, 2006, no person shall offer any mercury-
added product for sale or distribute any such product for promotional
purposes unless the manufacturer either on its own or in concert with other
persons, has implemented a system, after review and approval by the
Department, for the convenient and accessible collection of such products
when the consumer is finished with them. The collection plans shall be
submitted to the Interstate Mercury Education and Reduction Clearinghouse
(IMERC), who will forward a recommendation regarding approval/denial to
the Department. The Department shall forward its decision of
approval/denial to the applicant in writing.
11.1.2 If a mercury-added product is a component of another product, the
collection system shall provide for removal and collection of the mercury-
added component or collection of both the mercury-added component and
the product containing it. Mercury-added components in motor vehicles
shall be collected and recycled as provided for in Section 12 of these rules.
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11.2 The Collection System.
11.2.1 The collection system plan shall include:
11.2.1.1 An education program to inform consumers of mercury-added
products about the purpose of the collection program and how to
participate in it;
11.2.1.2 A plan which specifically addresses the following issues:
11.2.1.2.1 Location of the mercury-added product and how to
remove it;
11.2.1.2.2 The manner in which the items will be collected and
stored;
11.2.1.2.3 The frequency and method of disposal/recycling for the
items collected;
11.2.1.2.4 The recordkeeping protocol that will be used to assure
compliance with this plan;
11.2.1.3 A plan for implementing and financing the collection system;
11.2.1.4 Documentation of the willingness of all parties to the system to
implement the proposed collection system;
11.2.1.5 A best estimated, targeted capture rate for the applicable mercury-
added product(s) or component(s);
11.2.1.6 A description of the performance measures to be utilized and reported
by the manufacturer to demonstrate that the collection system is
meeting capture rate targets;
11.2.1.7 A description of additional or alternative actions that will be
implemented to improve the collection system and its operation in the
event that the program targets are not met; and
11.2.1.8 Other special conditions or information related to the affected
mercury-added product.
11.3 Not later than July 1, 2007 and biennially thereafter, the manufacturer or entity
that submitted the plan on behalf of the manufacturer shall submit a report to the
Department and the Interstate Mercury Education and Reduction Clearinghouse
(IMERC) on the effectiveness of the collection system. The report shall include
an estimate of the amount of mercury that was collected, the capture rate for the
mercury-added products or components, the results of the other performance
measures included in the manufacturer's collection system plan, and such other
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information as the Department may request. The Department may make such
reports available to the public.
11.4 The applicant shall identify, in writing, any known impediment that impacts the
effectiveness of the collection system and what corrective measures may be
appropriate. Unless otherwise provided by DEM, the corrective measures shall be
implemented.
11.5 The following are exempt from the provisions of Section 11:
11.5.1 Mercury-added button cell batteries;
11.5.2 Mercury-added lamps; and
11.5.3 Products where the only mercury contained in the product comes from a
mercury-added button cell battery or a mercury-added lamp.
11.6
Mercury-added components in motor vehicles at end-of-life shall be collected and
recycled as provided for in Section 12 of these rules.
11.7
Alternative Statewide Collection System. Manufacturers of mercury-added
products may satisfy their obligations by entering into a written agreement with
the Rhode Island Resource Recovery Corporation and/or the Department to
support and enhance the statewide program for collection and disposal of
household hazardous wastes to accommodate the collection of mercury-added
products when the household customer is finished with them. Such an agreement
may support and enhance the existing program operated by Rhode Island
Resource Recovery Corporation by improving advertisement, infrastructure,
education and funding, and other activities as appropriate and agreed to, or may
establish an alternative program. A two party agreement between a manufacturer
and Rhode Island Resource Recovery Corporation must be submitted for review
and approval to the Department pursuant to Rule 11.1.1 and must demonstrate
that it will satisfy the requirements of Rules 11.2, 11.3 and 11.4. This provision is
not applicable to motor vehicle manufacturers subject to the provisions of Section
12 of these regulations.
12. Motor Vehicles – Removal of Mercury-Added Convenience Light Switches
12.1
Mercury switches in motor vehicles shall be collected and recycled by
manufacturers of motor vehicles as provided for in this section at the end of the
life of each vehicle.
12.2
Manufacturers of motor vehicles sold in Rhode Island that contain mercury
switches shall, individually or collectively, establish and implement a collection
program for mercury switches to achieve a capture rate of not less than fifty
percent (50%) for calendar year 2006, and not less than seventy percent (70%) for
24
calendar year 2007 and each calendar year thereafter through calendar year 2017
in accordance with R.I. General Laws § 23-24.9-10.
12.2.1
For Calendar Year 2006. The Department has determined that 19,300
mercury switches are available for collection and recycling in Rhode Island.
Manufacturers of motor vehicles sold in Rhode Island that contain mercury
switches shall, individually or collectively, be required to achieve a capture
rate of not less that fifty percent (50%) of this total. This results in the
required collection of 9,650 mercury switches for calendar year 2006. All
manufacturers required to submit collection plans to the Department
pursuant to Section 12.3 shall use this target in the formulation of their
collection plan for calendar year 2006.
12.2.2
For Calendar Year 2007 Through Calendar Year 2017. The Department
has determined that 19,300 mercury switches are available each year for
collection and recycling in Rhode Island. Manufacturers of motor vehicles
sold in Rhode Island that contain mercury switches shall, individually or
collectively, be required to achieve a capture rate of not less that seventy
percent (70%) of this total. This results in the required collection of 13,510
mercury switches for calendar year 2007 and each calendar year thereafter
through calendar year 2017. All manufacturers required to submit collection
plans to the Department pursuant to Section 12.3 shall use this target in the
formulation of their collection plans for calendar year 2007 through calendar
year 2017. The Department shall biennially, beginning in 2009, review
reported capture rates to determine if an adjustment is necessary.
12.3 Collection Program Requirements. On or before August 30, 2007,
manufacturers of motor vehicles subject to these collection program requirements
shall submit to the Department a plan setting forth a proposed collection program.
The proposed collection plan shall be subject to the review and approval of the
Department, which may require adjustments or modifications to the plan. The
plan must demonstrate that the collection program meets the following
requirements:
12.3.1
Meets the capture rates specified in Section 12.2.2.
12.3.2
Presents a system for managing mercury switches that complies with
requirements set forth in the Department’s Rules and Regulations for
Hazardous Waste Management, including the Universal Waste Rule
(Section 13 of the Rules and Regulations for Hazardous Waste
Management) if applicable.
12.3.3
Provides information, training and local technical assistance, including
options for direct on-site assistance if requested, to facilitate removal and
recycling of mercury switches in accordance with the Universal Waste Rule.
12.3.4
Provides information to the general public concerning services to remove
mercury switches in motor vehicles.
25
12.3.5 Provides a clear system for payment of a minimum five-dollar ($5.00) fee to
vehicle recyclers or scrap recycling facilities in accordance with R.I. General
Laws § 23-24.9-10.
12.3.5.1 In accordance with R.I. General Laws § 23-24.9-10, manufacturers of
motor vehicles sold in Rhode Island that contained mercury switches
shall pay for the total cost of removal, replacement, collection and
recovery system for mercury switches to the vehicle recycler or scrap
recycling facility that removed the switch. The total cost shall include
a minimum of five-dollars ($5.00), payable on delivery of the switch
to the party providing the mercury switch, for each mercury switch
removed by a vehicle recycler or by a scrap recycling facility, as
partial compensation for the labor and other costs incurred in the
removal of the mercury switch.
12.3.5.2 Payment of the five-dollar ($5.00) fee for each mercury switch shall be
made to vehicle recyclers or scrap recycling facilities no later than
sixty (60) days after the vehicle recycler or scrap recycling facility
relinquishes the switch(s) to the manufacturer as part of the collection
program in Section 12.2.
12.3.5.3 Payment of the five-dollar ($5.00) fee for each mercury switch is only
required for switches removed from vehicles dismantled and recycled
in Rhode Island. Vehicle recyclers and scrap recycling facilities are
required to abide by the certification requirements as established in
Section 12.7.
The proposed collection program plan shall be subject to the review and approval
of the Department, which shall: i) approve; ii) deny; iii) approve with conditions; or iv)
require re-submittal of the plan.
12.4 Within thirty (30) days of the Department’s approval of the plan, manufacturers
of motor vehicles subject to the collection program requirement shall implement
the collection plan, including payment of the five-dollar ($5.00) fee for each
mercury switch, as approved by the Department.
12.5
By January 30th of each calendar year through calendar year 2017,
manufacturers of motor vehicles subject to the collection program requirement
shall provide annual implementation reports to the Department, which reports
shall include the number of mercury switches collected and the amount of
mercury collected and recycled through the collection program in the previous
calendar year. The report shall further include, but not be limited to: a detailed
description and documentation of the total amount paid to vehicle recyclers and
scrap recycling facilities in accordance with R.I. General Laws § 23-24.9-10 and
these regulations.
12.6
By February 15th of each year through 2017, each vehicle recycler, as defined in
Section 4, shall report to the Department on: 1) the total number of vehicles
dismantled or destroyed during the previous calendar year; and 2) the total
26
number of mercury switches returned to vehicle manufacturers for recycling
during the previous calendar year. This information shall be submitted to the
Department on a form as prescribed by the Department.
12.7 Vehicle recyclers and scrap recycling facilities shall maintain log sheets showing
the number of mercury switches provided in bulk to vehicle manufacturers for
recycling in accordance with the manufacturer’s collection program. Vehicle
recyclers and scrap recycling facilities shall be required to certify on said log
sheets that the switches are only from motor vehicles dismantled in the State of
Rhode Island. This information shall be maintained on log sheets as prescribed
by the Department.
12.8
Significant, willful failure to comply with these regulations to implement the
provisions of Section 12 shall constitute, as may be determined by the
Department, a violation of these rules.
12.9
No motor vehicle containing a mercury switch may be intentionally crushed or
flattened without first removing the mercury switch(s).
12.10 No scrap recycling facility or other person that receives a flattened, crushed or
baled end-of-life vehicle shall be deemed to be in violation of these regulations if
a mercury switch is found in the vehicle after its acquisition.
12.11 Persons may petition the Department to establish a fee greater than five-dollars
($5.00) per mercury switch if they can demonstrate that a different fee is
necessary for the removal and recycling of mercury switches from end-of-life
motor vehicles.
13. Fees for Submittal of Phase-out Exemptions, Alternative Labeling
Compliance Plans, Product Specific Novelty Determinations
13.1
Pursuant to the authority granted in R.I. General Law § 42-17.1-2(z) for the
regulation of mercury-added products, the following fees shall be assessed for the
approval of plans, specifications and exemption requests:
13.1.1 Phase-out Exemption Request(s) – A fee of $200.00 shall be assessed
for each exemption request submitted to the Department in accordance
with Section 9.6. The fee shall accompany the exemption request and the
Department’s review of the request shall not begin until the fee has been
received.
13.1.2 Alternative Labeling Compliance Plan Request(s) – A fee of $100.00
shall be assessed for each alternative compliance plan request submitted to
the Department in accordance with Section 8.5. The fee shall accompany
the alternative compliance plan request and the Department’s review of
the request shall not begin until the fee has been received.
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13.1.3 Product Specific Novelty Determination Request(s) – A fee of $100.00
shall be assessed for each product specific determination request
submitted to the Department in accordance with Section 6.3. The fee shall
accompany the product specific novelty determination request and the
Department’s review of the request shall not begin until the fee has been
received.
14. Application to Products Regulated by Food and Drug Administration
Nothing in these regulations shall apply to prescription drugs regulated by the Food and Drug
Administration (FDA) under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et. seq.,
to biological products regulated by the Food and Drug Administration under the Public Health
Service Act, 42 U.S.C. § 262 et. seq., or to any substance that may be lawfully sold over the
counter without a prescription under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301
et. seq.
15. Dental Amalgam Separators
15.1
No later than July 1, 2008, a dental office or facility that, in the course of treating
its patients, places or removes dental amalgam must install an amalgam separator,
as defined in Section 4, in the wastewater discharge line.
15.2
A dental office or facility must demonstrate proper installation, operation,
maintenance, and amalgam waste recycling or disposal in accordance with the
manufacturer's recommendations by maintaining and submitting as necessary
annual records on waste shipment and maintenance of the system and any other
reporting required in this section. Records of the previous three (3) years shall be
maintained at all times at the point of generation.
15.2.1 Rhode Island dental offices, facilities and vocational dental educational
programs shall use, instruct, and comply with best management practices
(BMPs) as maintained by the Department to minimize the presence of
elemental mercury, used amalgam and waste amalgam in their wastewater
discharge and in their solid waste. Such BMPs shall include a requirement
for an amalgam removal efficiency of at least ninety-nine percent (99%).
15.3
Methods or technologies other than amalgam separators that achieve equivalent or
greater dental amalgam discharge reductions and that are approved by the agency
shall be deemed to comply with the requirements of this subsection.
15.4
The following categories of dental offices or facilities are exempt from the
requirement to install an amalgam separator; provided, that they do not replace or
remove amalgam:
15.4.1
Orthodontists;
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15.4.2
Periodontists;
15.4.3
Endodontists;
15.4.4
Oral and maxillofacial surgeons; and
15.4.5
A dental office that is scheduled to no longer be used as a dental office after
January 1, 2008.
16. Disclosure Provision
Information provided to the Department, in accordance with these regulations, is assumed to be a
public record unless exempt under R.I. General Laws § 38-2-2 (R.I. Access to Public Records
Act).
17. Enforcement/Penalties
The Director shall assess all penalties for violation of these regulations in accordance with the
provisions of R.I. General Laws §23-24.9-16 (The Mercury Education and Reduction Act), R.I.
General Laws Chapter 42-17.1 (The Department of Environmental Management), R.I. General
Laws Chapter 42-17.6 (Administrative Penalties for Environmental Violations) and the "Rules
and Regulations for Assessment of Administrative Penalties".
Effective July 1, 2005, a violation of any of the provisions of R.I. General Laws § 23-24.9 or any
rule or regulation promulgated pursuant thereto, shall be punishable, in the case of a first
violation, by a civil penalty not to exceed one thousand dollars ($1,000). In the case of a second
and any further violations, the liability shall be for a civil penalty not to exceed five thousand
dollars ($5,000) for each violation.
18. Appeals
Any person affected by a decision of the Director pursuant to these regulations may, in
accordance with Administrative Rules of Practice and Procedure for the Department of
Environmental Management, file a claim for an adjudicatory hearing to review the decision.
The party contesting a Department decision bears the burden of proof that their application(s) or
action(s) comply with all requirements of the rules and regulations herein. All requests for a
hearing regarding a decision of the Director must be in writing and filed with the clerk of the
Department's Administrative Adjudication Division (AAD) within thirty (30) days of receipt of
the Director's decision. All requests for a hearing regarding an enforcement action issued by the
Department must be in writing and filed with the clerk of the Department's Administrative
Adjudication Division (AAD) within twenty (20) days of receipt of the enforcement action.
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30
19. Severability
If any provision of these Rules and Regulations, or the application thereof to any person or
circumstances, is held invalid by a court of competent jurisdiction, the validity of the remainder
of the Rules and Regulations shall not be affected thereby.
20.
Effective Date
The foregoing Rules and Regulations Governing the Administration and Enforcement of the
Mercury Education and Reduction Act, after due notice, are hereby adopted and filed with the
Secretary of State this ____ day of __________, 2007 to become effective twenty (20) days
thereafter, in accordance with the provisions of Chapters 23-24.9, 42-35, 42-17.1, 42-17.6 of the
General Laws of Rhode Island of 1956, as amended.
___________
_____________________________________________
Date
W. Michael Sullivan
Director, RI Department of Environmental Management
Notice Given on:
April 17, 2007
Public Hearing held:
May 18, 2007
Filing Date:
July 12, 2007
Effective Date:
August 1, 2007
RHODE ISLAND
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
APPENDIX A :A copy of this document must be sent to above noted address.
ATTN: OTCA/Mercury Transfer Certification
Recipient should receive a Material Data Safety Sheet (MSDS) with delivery.
235 Promenade Street, Providence, RI 02908-5767
TDD 401-831-5508
Appendix A- Certification Statement for the Sale or Distribution of Elemental Mercury
I.
APPLICANT'S FULL LEGAL NAME AND ADDRESS, ADDRESS, AND CONTACT INFORMATION (PRINT):
Name/Organization:
Telephone #:
Mailing Address:
City/Town:
State:
Zip Code:
Contact Person:
Telephone #:
MailingAddress:
City/Town:
State:
Zip Code:
E-mail Address:
II.
PRODUCT MANUFACTURERS NAME, ADDRESS, AND CONTACT INFORMATION (IF DIFFERENT FROM ABOVE)
Name
Telephone #:
Mailing Address:
City/Town:
State:
Zip Code:
Contact Person:
Telephone #:
Mailing Address:
City/Town:
State:
Zip Code:
E-mail Address:
III.
AMOUNT OF MERCURY TRANSFERRED (POUNDS):
DATE TRANSFERRED:
IV.
USE OF ELEMENTAL MERCURY (CHECK ALL THAT APPLY):
Medical
Dental Amalgam
Research
Other___________________
V.
CERTIFICATION: AS THE RECIPIENT OF ELEMENTAL MERCURY, I CERTIFY THAT:
(1) The elemental mercury is to be used only for medical, dental amalgam dispose-caps,
or research purposes;
(2) I understand that mercury is toxic and must be stored and used appropriately so that
no person is exposed to the mercury; and
(3) I will not place or allow anyone else under my or my organization’s control to place
the mercury or cause the mercury to be placed in solid waste for disposal or in a
wastewater disposal system.
Signature (of an Authorized Senior Management Official for Recipient)
Date
Print or Type Name and Title of the Authorized Senior Management Official