C.__Beginning January 1, 2008, 10 milligrams for a fabricated mercury-added product or 10 parts per 1,000,000 for a formulated mercury-added product.

3.__Component parts.__If a product contains one or more mercury-added products that are components of the product, the provisions of this section are applicable to each component part and not to the entire product.__The limits specified in subsection 2 apply to each component individually and not to the aggregate of mercury contained in the entire product.

4.__Fluorescent lamps.__Notwithstanding subsection 2, beginning January 1, 2010, the mercury content of fluorescent lamps may not exceed 10 milligrams unless the manufacturer obtains an exemption for the fluorescent lamps pursuant to subsection 5.

5.__Exemptions.__A mercury-added product is exempt from the limits specified in subsection 2 if the level of mercury or mercury compounds contained in the mercury-added product are required in order to comply with federal or state health or safety requirements. In order to claim exemption under this subsection, the manufacturer of that mercury-added product shall notify, in writing, the department and provide the legal justification for the claim of exemption.

A.__An application for an exemption must:

(1) Document the basis for the requested exemption or renewal of exemption;

(2) Describe how the manufacturer will ensure that a system exists for the proper collection, transportation and processing of the product at the end of the product's useful life; and

(3) Document the readiness of all necessary parties to perform as intended in the planned collection, transportation and processing system.

B.__The department may grant with modifications or conditions an application for an exemption for a product or category of products if the department finds that:

(1) A system exists for the proper collection, transportation and processing of the mercury-added product. The system may include direct return of a waste product to the manufacturer or an industry- or trade group-supported collection and recycling system or other similar private or public sector efforts; and

(2) Each of the following criteria are met:

(a)__Use of the product is beneficial to the environment or protective of public health or public safety;

(b)__A technically feasible alternative to the use of mercury in the product does not exist; and

(c)__An alternative to the mercury-added product is not available at reasonable cost.

D.__Prior to issuing an exemption under this subsection, the department shall consult with neighboring states and provinces and regional organizations to promote consistency in the way in which mercury-added products are granted exemptions.

E.__The length of an exemption granted pursuant to this subsection may not exceed 2 years.__An exemption may be renewed one or more times by the department if:

(1) The manufacturer submits another application; and

(2) The department finds that the mercury-added product continues to meet the criteria of this subsection and the manufacturer complies with the conditions of its original approval.

SUMMARY

This bill phases out over a 6-year period the sale or distribution of products that contain more mercury than a specified level. Fluorescent lamps containing more than 10 milligrams of mercury are prohibited after January 1, 2010. Products that contain mercury that are necessary to comply with federal or state health or safety requirements could be granted an exemption by the Department of Environmental Protection if the manufacturer proves that: an appropriate method exists for the collection, transportation and processing of the product at the end of its useful life; the use of the product is beneficial to the environment or protection of public health or safety; and no alternative to the mercury-added product exists.