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| Public Act 097-0459
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| SB1213 Enrolled | LRB097 02727 JDS 42748 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
changing Sections 3.284 and 22.23b as follows:
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(415 ILCS 5/3.284)
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Sec. 3.284. Mercury switch. "Mercury switch" means a |
product or device, containing mercury added during its |
manufacture, that opens or closes an electrical circuit or gas |
valve, or makes, breaks, or changes the connection in an |
electrical circuit, including, but not limited to, mercury |
float switches actuated by rising or falling liquid levels, |
mercury tilt switches actuated by a change in the switch |
position, mercury pressure switches actuated by a change in |
pressure, mercury temperature switches actuated by a change in |
temperature, and mercury flame sensors.
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(Source: P.A. 93-964, eff. 8-20-04.)
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(415 ILCS 5/22.23b)
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Sec. 22.23b. Mercury and mercury-added products. |
(a) Beginning July 1, 2005, no person shall purchase or |
accept, for use in a primary or secondary school classroom, |
bulk elemental mercury, chemicals containing mercury |
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compounds, or instructional equipment or materials containing |
mercury added during their manufacture. This subsection (a) |
does not apply to: (i) other products containing mercury added |
during their manufacture that are used in schools and (ii) |
measuring devices used as teaching aids, including, but not |
limited to, barometers, manometers, and thermometers, if no |
adequate mercury-free substitute exists. |
(b) Beginning July 1, 2007, no person shall sell, offer to |
sell, distribute, or offer to distribute in this State a |
mercury switch or mercury relay individually or as a product |
component. For a product that contains one or more mercury |
switches or mercury relays as a component, this subsection (b) |
is applicable to each component part or parts and not the |
entire product. This subsection (b) does not apply to the |
following: |
(1) Mercury switches and mercury relays used in medical |
diagnostic equipment regulated under the federal Food, |
Drug, and Cosmetic Act. |
(2) Mercury switches and mercury relays used at |
electric generating facilities. |
(3) Mercury switches in thermostats used to sense and |
control room temperature. |
(4) Mercury switches and mercury relays required to be |
used under federal law or federal contract specifications. |
(5) A mercury switch or mercury relay used to replace a |
mercury switch or mercury relay that is a component in a |
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larger product in use before prior to July 1, 2007, and one |
of the following applies: |
(A) The larger product is used in manufacturing; or |
(B) The mercury switch or mercury relay is |
integrated and not physically separate from other |
components of the larger product.
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(c) The manufacturer of a mercury switch or mercury relay, |
or a scientific instrument or piece of instructional equipment |
containing mercury added during its manufacture, may apply to |
the Agency for an exemption from the provisions of subsection |
(a) or (b) of this Section for one or more specific uses of the |
switch, relay, instrument, or piece of equipment by filing a |
written petition with the Agency. The Agency may grant an |
exemption, with or without conditions, if the manufacturer |
demonstrates the following: |
(1) A convenient and widely available system exists for |
the proper collection, transportation, and processing of |
the switch, relay, instrument, or piece of equipment at the |
end of its useful life; and |
(2) The specific use or uses of the switch, relay, |
instrument, or piece of equipment provides a net benefit to |
the environment, public health, or public safety when |
compared to available nonmercury alternatives. |
Before approving any exemption under this subsection (c) |
the Agency must consult with other states to promote |
consistency in the regulation of products containing mercury |
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added during their manufacture. Exemptions shall be granted for |
a period of 5 years. The manufacturer may request renewals of |
the exemption for additional 5-year periods by filing |
additional written petitions with the Agency. The Agency may |
renew an exemption if the manufacturer demonstrates that the |
criteria set forth in paragraphs (1) and (2) of this subsection |
(c) continue to be satisfied. All petitions for an exemption or |
exemption renewal shall be submitted on forms prescribed by the |
Agency. |
The Agency must adopt rules for processing petitions |
submitted pursuant to this subsection (c). The rules shall |
include, but shall not be limited to, provisions allowing for |
the submission of written public comments on the petitions. |
(d) No later than January 1, 2005, the Agency must submit |
to the Governor and the General Assembly a report that includes |
the following: |
(1) An evaluation of programs to reduce and recycle |
mercury from mercury thermostats and mercury vehicle |
components; and |
(2) Recommendations for altering the programs to make |
them more effective. |
In preparing the report the Agency may seek information |
from and consult with, businesses, trade associations, |
environmental organizations, and other government agencies. |
(e) Mercury switches and mercury relays, and scientific |
instruments and instructional equipment containing mercury |
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added during their manufacture, are hereby designated as |
categories of universal waste subject to the streamlined |
hazardous waste rules set forth in Title 35 of the Illinois |
Administrative Code, Subtitle G, Chapter I, Subchapter c, Part |
733 ("Part 733"). Within 60 days of the effective date of this |
amendatory Act of the 93rd General Assembly, the Agency shall |
propose, and within 180 days of receipt of the Agency's |
proposal the Board shall adopt, rules that reflect this |
designation and that prescribe procedures and standards for the |
management of such items as universal waste.
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If the United States Environmental Protection Agency |
adopts streamlined hazardous waste regulations pertaining to |
the management of mercury switches or mercury relays, or |
scientific instruments or instructional equipment containing |
mercury added during their manufacture, or otherwise exempts |
such items from regulation as hazardous waste, the Board shall |
adopt equivalent rules in accordance with Section 7.2 of this |
Act within 180 days of adoption of the federal regulations. The |
equivalent Board rules may serve as an alternative to the rules |
adopted under subsection (1) of this subsection (e).
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(f) Beginning July 1, 2008, no person shall install, sell, |
offer to sell, distribute, or offer to distribute a mercury |
thermostat in this State. For purposes of this subsection (f), |
"mercury thermostat" means a product or device that uses a |
mercury switch to sense and control room temperature through |
communication with heating, ventilating, or air conditioning |
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equipment. "Mercury thermostat" includes thermostats used to |
sense and control room temperature in residential, commercial, |
industrial, and other buildings, but does not include |
thermostats used to sense and control temperature as a part of |
a manufacturing or industrial process.
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(Source: P.A. 95-452, eff. 8-27-07.)
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Section 10. The Mercury Switch Removal Act is amended by |
changing Section 15 as follows:
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(415 ILCS 97/15) |
(Section scheduled to be repealed on January 1, 2017)
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Sec. 15. Mercury switch collection programs. |
(a) Within 60 days of the effective date of this Act, |
manufacturers of vehicles in Illinois that contain mercury |
switches must begin to implement a mercury switch collection |
program that facilitates the removal of mercury switches from |
end-of-life vehicles before prior to the vehicles are being |
flattened, crushed, shredded, or otherwise processed for |
recycling and to collect and properly manage mercury switches |
in accordance with the Environmental Protection Act and |
regulations adopted thereunder. In order to ensure that the |
mercury switches are removed and collected in a safe and |
consistent manner, manufacturers must, to the extent |
practicable, use the currently available end-of-life vehicle |
recycling infrastructure. The collection program must be |
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designed to achieve capture rates of not less than (i) 35% for |
the period of July 1, 2006, through June 30, 2007; (ii) 50% for |
the period of July 1, 2007, through June 30, 2008; and (iii) |
70% for the period of July 1, 2008, through June 30, 2009 and |
for each subsequent period of July 1 through June 30. At a |
minimum, the collection program must: |
(1) Develop and provide educational materials that |
include guidance as to which vehicles may contain mercury |
switches and procedures for locating and removing mercury |
switches. The materials may include, but are not limited |
to, brochures, fact sheets, and videos. |
(2) Conduct outreach activities to encourage vehicle |
recyclers and vehicle crushers to participate in the |
mercury switch collection program. The activities may |
include, but are not limited to, direct mailings, |
workshops, and site visits.
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(3) Provide storage containers to participating |
vehicle recyclers and vehicle crushers for mercury |
switches removed under the program.
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(4) Provide a collection and transportation system to |
periodically collect and replace filled storage containers |
from vehicle recyclers, vehicle crushers, and scrap metal |
recyclers, either upon notification that a storage |
container is full or on a schedule predetermined by the |
manufacturers. |
(5) Establish an entity that will serve as a point of |
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contact for the collection program and that will establish, |
implement, and oversee the collection program on behalf of |
the manufacturers. |
(6) Track participation in the collection program and |
the progress of mercury switch removals and collections.
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(b) Within 90 days of the effective date of this Act, |
manufacturers of vehicles in Illinois that contain mercury |
switches must submit to the Agency an implementation plan that |
describes how the collection program under subsection (a) of |
this Section will be carried out for the duration of the |
program and how the program will achieve the capture rates set |
forth in subsection (a) of this Section. At a minimum, the |
implementation plan must: |
(A) Identify the educational materials that will |
assist vehicle recyclers, vehicle crushers, and scrap |
metal processors in identifying, removing, and properly |
managing mercury switches removed from end-of-life |
vehicles.
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(B) Describe the outreach program that will be |
undertaken to encourage vehicle recyclers and vehicle |
crushers to participate in the mercury switch collection |
program.
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(C) Describe how the manufacturers will ensure that |
mercury switches removed from end-of-life vehicles are |
managed in accordance with the Illinois Environmental |
Protection Act and regulations adopted thereunder. |
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(D) Describe how the manufacturers will collect and |
document the information required in the quarterly reports |
submitted pursuant to subsection (e) of this Section.
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(E) Describe how the collection program will be |
financed and implemented. |
(F) Identify the manufacturer's address to which the |
Agency should send the notice required under subsection (f) |
of this Section.
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The Agency shall review the collection program plans it |
receives for completeness and shall notify the manufacturer in |
writing if a plan is incomplete. Within 30 days after receiving |
a notification of incompleteness from the Agency the |
manufacturer shall submit to the Agency a plan that contains |
all of the required information. |
(c) The Agency must provide assistance to manufacturers in |
their implementation of the collection program required under |
this Section. The assistance shall include providing |
manufacturers with information about businesses likely to be |
engaged in vehicle recycling or vehicle crushing, conducting |
site visits to promote participation in the collection program, |
and assisting with the scheduling, locating, and staffing of |
workshops conducted to encourage vehicle recyclers and vehicle |
crushers to participate in the collection program. |
(d) Manufacturers subject to the collection program |
requirements of this Section shall provide, to the extent |
practicable, the opportunity for trade associations of vehicle |
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recyclers, vehicle crushers, and scrap metal recyclers to be |
involved in the delivery and dissemination of educational |
materials regarding the identification, removal, collection, |
and proper management of mercury switches in end-of-life |
vehicles. |
(e) (Blank). For the calendar quarter ending March 31, |
2007, and for each calendar quarter thereafter, not later than |
45 days following the close of the calendar quarter |
manufacturers subject to the collection program requirements |
of this Section must submit to the Agency a quarterly report |
that contains the following information: (i) the number of |
vehicle recyclers, vehicle crushers, and scrap metal recyclers |
participating in the manufacturer's collection program during |
the reported quarter, (ii) the number of mercury switches |
removed from end-of-life vehicles during the reported quarter |
by the vehicle recyclers, vehicle crushers, and scrap metal |
recyclers participating in the program, and (iii) the amount of |
mercury collected and recycled through the manufacturer's |
collection program during the reported calendar quarter. |
(f) If the reports required under this Act indicate that |
the capture rates set forth in subsection (a) of this Section |
for the period of July 1, 2007, though June 30, 2008, or for |
any subsequent period have not been met the Agency shall |
provide notice that the capture rate was not met; provided, |
however, that the Agency is not required to provide notice if |
it determines that the capture rate was not met due to a force |
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majeure. The Agency shall provide the notice by posting a |
statement on its website and by sending a written notice via |
certified mail to the manufacturers subject to the collection |
program requirement of this Section at the addresses provided |
in the manufacturers' collection plans. Once the Agency |
provides notice pursuant to this subsection (f) it is not |
required to provide notice in subsequent periods in which the |
capture rate is not met. |
(g) Beginning 30 days after the Agency first provides |
notice pursuant to subsection (f) of this Section, the |
following shall apply: |
(1) Vehicle recyclers must remove all mercury switches |
from each end-of-life vehicle before vehicles prior to |
delivering the vehicle vehicles to an on-site or off-site |
vehicle crusher or to a scrap metal recycler, provided that |
a vehicle recycler is not required to remove a mercury |
switch that is inaccessible due to significant damage to |
the vehicle in the area surrounding the mercury switch that |
occurred before prior to the vehicle recycler's receipt of |
the vehicle in which case the damage must be noted in the |
records the vehicle recycler is required to maintain under |
subsection (c) of Section 10 Section 10(c) of this Act. |
(2) No vehicle recycler, vehicle crusher, or scrap |
metal recycler shall flatten, crush, or otherwise process |
an end-of-life vehicle for recycling unless all mercury |
switches have been removed from the vehicle, provided that |
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a mercury switch that is inaccessible due to significant |
damage to the vehicle in the area surrounding the mercury |
switch that occurred before prior to the vehicle |
recycler's, or the vehicle crusher's, or scrap metal |
recycler's receipt of the vehicle is not required to be |
removed. The damage must
be noted in the records the |
vehicle recycler or vehicle crusher is required to maintain |
under subsection (c) of Section 10 Section 10(c) of this |
Act. |
(3) Notwithstanding paragraphs (1) through (2) of this |
subsection (g) subsection (g)(1) of this Section, a scrap |
metal recycler may agree to accept an end-of-life vehicle |
that contains one or more mercury switches and that has not |
been flattened, crushed, shredded, or otherwise processed |
for recycling provided the scrap metal recycler removes all |
mercury switches from the vehicle before the vehicle is |
flattened, crushed, shredded, or otherwise processed for |
recycling. Scrap metal recyclers are not required to remove |
a mercury switch that is inaccessible due to significant |
damage to the vehicle in the area surrounding the mercury |
switch that occurred before prior to the scrap metal |
recycler's receipt of the vehicle. The damage must be noted |
in the records the scrap metal recycler is required to |
maintain under subsection (c) of Section 10 Section 10(c) |
of this Act. |
(4) Manufacturers subject to the collection program |
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requirements of this Section must provide to vehicle |
recyclers, vehicle crushers, and scrap metal recyclers the |
following compensation for all mercury switches removed |
from end-of-life vehicles on or after the date of the |
notice: $2.00 for each mercury switch removed by the |
vehicle recycler, vehicle crusher, or the scrap metal |
recycler, the costs of the containers in which the mercury |
switches are collected, and the costs of packaging and |
transporting the mercury switches off-site.
Payment of |
this compensation must be provided in a prompt manner. |
(h) In meeting the requirements of this Section |
manufacturers may work individually or as part of a group of 2 |
or more manufacturers.
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(Source: P.A. 94-732, eff. 4-24-06.)
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Section 15. The Mercury-added Product Prohibition Act is |
amended by changing Section 27 as follows:
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(410 ILCS 46/27) |
Sec. 27. Sale and distribution of certain mercury-added |
products prohibited. |
(a) On and after July 1, 2008, no person shall sell, offer |
to sell, or distribute the following mercury-added products in |
this State: |
(1) barometers;
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(2) esophageal dilators, bougie tubes, or |
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gastrointestinal tubes;
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(3) flow meters; |
(4) hydrometers;
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(5) hygrometers;
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(6) manometers;
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(7) pyrometers;
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(8) sphygmomanometers;
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(9) thermometers; or
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(10) psychrometers; .
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(11) pressure transducers; |
(12) rings; |
(13) seals; or |
(14) sensors. |
(b) This Section does not apply to the sale of a |
mercury-added product listed in paragraphs (1) through (14) |
(10) of subsection (a) if use of the product is a federal |
requirement or if the only mercury-added component in the |
product is a button cell battery.
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(c) This Section does not apply to the sale of a |
mercury-added product listed in paragraphs (1) through (14) |
(10) of subsection (a) for which an exemption is obtained under |
this subsection (c). The manufacturer of the product may apply |
for an exemption for one or more uses of the product by filing |
a written petition with the Agency. The Agency may grant an |
exemption, with or without conditions, if the manufacturer |
demonstrates the following:
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(1) a system exists for the proper collection, |
transportation, and processing of the product at the end of |
its useful life; and
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(2) one of the following applies:
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(i) use of the product provides a net benefit to |
the environment, public health, or public safety when |
compared to available nonmercury alternatives; or
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(ii) technically feasible nonmercury alternatives |
are not available at comparable cost.
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Before Prior to approving an exemption, the Agency may |
consult with other states to promote consistency in the |
regulation of the product for which the exemption is requested. |
The Agency may also publish notice of its receipt of petitions |
for exemptions on its website and consider public comments |
submitted in response to the petitions. Exemptions shall be |
granted for a term of 5 years and may be renewed for additional |
5-year terms upon written application by the manufacturer if |
the manufacturer demonstrates that the criteria of this |
subsection (c) and the conditions of the product's original |
exemption approval continue to be met. All petitions for |
exemptions and exemption renewals shall be submitted on forms |
prescribed by the Agency.
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(Source: P.A. 95-87, eff. 8-13-07.)
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Section 99. Effective date. This Act takes effect on July |
1, 2012.
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