CHAPTER 373
H.P. 1224 - L.D. 1665
An Act to Further Reduce Mercury Emissions from Consumer Products
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1310-B, sub-§2, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §233, is further amended to read:
2. Hazardous waste information and information on mercury-added products. Information relating to hazardous waste submitted to the department under this subchapter or information relating to mercury-added products submitted to the department under chapter 16-B may be designated by the person submitting it as being only for the confidential use of the department, its agents and employees, the Department of Agriculture, Food and Rural Resources and the Department of Human Services and their agents and employees, other agencies of State Government, as authorized by the Governor, employees of the United States Environmental Protection Agency and the Attorney General and employees of the municipality in which the hazardous waste is located. The designation must be clearly indicated on each page or other portion of information. The commissioner shall establish procedures to insure that information so designated is segregated from public records of the department. The department's public records must include the indication that information so designated has been submitted to the department, giving the name of the person submitting the information and the general nature of the information. Upon a request for information, the scope of which includes information so designated, the commissioner shall notify the submittor. Within 15 days after receipt of the notice, the submittor shall demonstrate to the satisfaction of the department that the designated information should not be disclosed because the information is a trade secret, production, commercial or financial information, the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available. Unless such a demonstration is made, the information must be disclosed and becomes a public record. The department may grant or deny disclosure for the whole or any part of the designated information requested and within 15 days shall give written notice of the decision to the submittor and the person requesting the designated information. Notwithstanding section 344, subsection 4, a A person aggrieved by a decision of the department may appeal only to the Superior Court in accordance with the provisions of section 346. All information provided by the department to the municipality under this subsection must be confidential and not a public record under Title 1, chapter 13. In the event a request for such information is submitted to the municipality, the municipality shall submit that request to the commissioner to be processed by the department as provided in this subsection.
Sec. 2. 38 MRSA §1661, sub-§1, ¶¶B and D, as enacted by PL 1999, c. 779, §2, are amended to read:
B. An electrical A switch or other device, individually or as part of another product, used to measure, control or regulate gas, other fluids or electricity;
D. An electric relay or other electrical device, excluding an electrical device that is in a mercury-added lamp; and
Sec. 3. 38 MRSA §§1661-A, 1661-B and 1661-C are enacted to read:
1. Prior written notice required. Effective January 1, 2002, a product to which mercury is intentionally added during formulation or manufacture, or a product containing one or more components to which mercury is intentionally added during formulation or manufacture, may not be offered for final sale or use or distributed for promotional purposes in the State unless the manufacturer of the product or product component or a trade association representing manufacturers of the product or component has provided written notice to the department in accordance with this section. The requirements of this section do not apply to drugs approved by the United States Food and Drug Administration. The notice must include the following information on a form provided by the department or the clearinghouse under section 1671:
A. A brief description of the product or product component;
B. The purpose for which mercury is used in the product or product component;
C. The amount of mercury in each unit of the product or product component, reported as an exact number, as an average per product or component with an upper or lower limit or as falling within a range approved by the department;
D. The total amount of mercury in all units of the product or product components sold in the United States during the most recent calendar year for which sales figures are available, reported either for the units or components sold by the manufacturer or as aggregated by a manufacturer trade association for all units of the product or components made by the industry; and
E. The name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer.
2. Exemption. A mercury-added product or product component for which federal law governs notice in a manner that preempts state authority is exempt from the requirements of this section.
3. Product category information. With the approval of the department, the manufacturer may supply the information required in subsection 1 for a product category rather than an individual product. The manufacturer shall update and revise the information in the notification whenever there is significant change in the information or when requested by the department. The information required under subsection 1, paragraph D must be updated and provided to the department every 3 years.
4. Confidentiality. Information submitted to the department pursuant to this section may be kept confidential as provided under sections 1310-B and 1671.
5. Product components. Notwithstanding subsection 1, paragraph B, the manufacturer of a product containing one or more mercury-added components is not required to include information on the purpose for which the mercury in the component is used in the notice to the department if the component manufacturer has provided that information to the department and the manufacturer of the product that contains the component identifies the component and component manufacturer in the notice.
An importer of the product or product component from a foreign country may not sell, use or distribute the product or product component in the State unless the manufacturer of the product or product component is in compliance with this section, except that this prohibition does not apply to retailers for whom importing is not a primary business.
§1661-B. Disclosure for mercury-containing products used in hospitals
Effective January 1, 2002, the manufacturer of a formulated product that contains mercury or a mercury compound from any source or cause, whether intended or unintended, and that is offered for sale or use to a hospital in the State must provide, upon request of the hospital, a certificate of analysis documenting the mercury content of the product unless the concentration is less than 200 parts per 1,000,000,000,000. The certificate must be based on representative samples of the product as determined in consultation with the hospital and, at a minimum, an annual analysis of the product. The hospital shall provide a copy of the certificate to the department upon request. For the purpose of this section, a "formulated product" means a consistent mixture of chemicals, including, but not limited to, acids, alkalis, laboratory chemicals, bleach and other products used for cleaning or disinfection, pharmaceuticals, stains, reagents, preservatives, fixatives, buffers and dyes.
The requirements of this section do not apply to drugs approved by the United States Food and Drug Administration.
§1661-C. Restrictions on sale and use of mercury
1. Fever thermometers. Effective January 1, 2002, a person may not sell or supply a mercury fever thermometer to consumers and patients, except by prescription. With each mercury fever thermometer sold by prescription, the manufacturer shall supply clear instructions on the careful handling of the thermometer to avoid breakage and on proper cleanup should breakage occur. For purposes of this subsection, a "mercury fever thermometer" means a thermometer that contains mercury for the purpose of measuring body temperature, but does not include a thermometer containing mercury solely within a button-cell battery.
2. Manometers. Effective January 1, 2002, a mercury-containing manometer of the type used in milking machines on dairy farms may not be sold or offered for sale, or distributed for promotional purposes in the State. Manufacturers of such manometers shall notify wholesalers and retailers about this ban and shall instruct them on how to properly dispose of the remaining inventory. The department, in consultation with the Department of Agriculture, Food and Rural Resources, shall conduct a program to collect and replace mercury-containing manometers already in use on dairy farms in the State.
3. Schools. Effective January 1, 2002, bulk elemental or chemical mercury or mercury compounds may not be sold for use in a primary or secondary classroom in the State. Manufacturers of such materials shall notify wholesalers and retailers about this ban and shall instruct them on how to properly dispose of the remaining inventory. Mercury-added products used by schools are not subject to this ban.
4. Elemental mercury. Effective January 1, 2002, a person may not sell or provide elemental mercury to another person except for manufacturing or recycling purposes without providing that person with a material safety data sheet, as defined in 42 United States Code, Section 11049, and without requiring the purchaser or recipient to sign a statement that the purchaser or recipient:
A. Will use the mercury only for medical, dental amalgam dispose-caps, research or manufacturing purposes;
B. Understands that mercury is toxic and that the purchaser will store and use it appropriately so that no person is exposed to the mercury; and
C. Will not place or allow anyone under the purchaser's control to place or cause to be placed the mercury in solid waste for disposal or in a wastewater treatment and disposal system.
Sec. 4. 38 MRSA §1665, 2nd ¶, as enacted by PL 1999, c. 779, §2, is amended to read:
By January 1, 2001, automobile manufacturers that sell automobiles at retail in this State or to a retailer in this State shall submit proposed alternative compliance plans to the department. By January 1, 2002, the department shall submit to the joint standing committee of the Legislature having jurisdiction over natural resources matters a plan for the labeling and source separation of automobile component parts to meet the requirements in sections 1662 and 1664. The plan also must include recommendations as to whether and how manufacturers should be required to reduce or phase out the use of mercury in the production of automobiles. The department shall develop the plan in consultation with automobile manufacturers, automobile dismantlers, automobile recyclers and other interested parties. The plan may provide for alternative compliance plans for labeling and must provide for the safe removal and management of mercury-added parts prior to the shredding of vehicles. The department shall also develop, in consultation with the interested parties, an assessment of whether and how mercury switches or other electrical devices in automobile components should be added to the universal waste rules adopted by the board and submit the assessment with the plan.
Sec. 5. 38 MRSA §1670, sub-§8, ¶D-1 is enacted to read:
D-1. Include in its 2002 or 2003 annual report recommendations as to whether and how manufacturers should be required to reduce or phase out the use of mercury in consumer products;
Sec. 6. 38 MRSA §1671 is enacted to read:
§1671. Interstate clearinghouse
The department may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this chapter and to help coordinate reviews of the manufacturer notifications under section 1661-B, applications for alternative labeling under section 1662, education and outreach activities and any other activities related to the administration of this chapter. Notwithstanding section 1310-B, subsection 2, the department may provide the interstate clearinghouse with product information submitted to the department under section 1661-A and the department and the interstate clearinghouse may compile or publish analyses or summaries of such information provided the analyses or summaries do not identify any manufacturer or reveal any confidential information.
Sec. 7. Resolve 1997, c. 41, §2 is repealed.
Sec. 8. Board to amend its rules. The Board of Environmental Protection shall amend its hazardous waste management rules to include mercury thermometers in the definition of "universal waste." Prior to those changes being incorporated into the board's rules, the Department of Environmental Protection may develop policies or guidelines as appropriate to facilitate the collection and retirement of the mercury in waste mercury thermometers consistent with applicable laws. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A.
Effective September 21, 2001, unless otherwise indicated.
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