§ 23-24.9-7 Phase-out and exemptions.– (a) No mercury-added product shall be offered for final sale or use ordistributed for promotional purposes in Rhode Island if the mercury content ofthe product exceeds:
(1) One gram (1000 milligrams) for mercury-added fabricatedproducts or two hundred fifty (250) parts per million (ppm) for mercury-addedformulated products, effective January 1, 2006;
(2) One hundred (100) milligrams for mercury-added fabricatedproducts or fifty (50) parts per million (ppm) for mercury-added formulatedproducts, effective July 1, 2007; and
(3) Ten (10) milligrams for mercury-added fabricated productsor ten (10) parts per million (ppm) for mercury-added formulated products,effective July 1, 2009.
(b) For a product that contains one or more mercury-addedproducts as a component, this section is applicable to each component part orparts and not to the entire product. For example, if an iron has a mercuryswitch, the phase-out applies to the switch and not the entire iron.
(c) For a product that contains more than one mercury-addedproduct as a component, the phase-out limits specified in subsection (a) ofthis section apply to each component and not the sum of the mercury in all ofthe components. For example, for a car that contains mercury-added switches andlighting, the phase-out limits would apply to each component separately, andnot the combined total of mercury in all of the components.
(d) 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 subsection (a) of this section. As ofJanuary 1, 2010, the mercury content of fluorescent bulbs shall either notexceed one hundred (100) milligrams or the manufacturer shall comply with theexemption requirements pursuant to subsection (f) of this section.
(2) Specialized lighting used in the entertainment industry,such as metal halide lights, shall be exempted from the requirements of §23-24.9-7(a).
(3) Mercury added button cell batteries and productscontaining mercury added button cell batteries shall be exempted from thephase-out limits specified in subsection 23-24.9-7(a).
(e) A mercury-added product shall be exempt from the limitson total mercury content set forth in subsection (f) of this section if thelevel of mercury or mercury compounds contained in the product are required inorder to comply with federal or state health or safety requirements. In orderto claim exemption under this section, the manufacturer must notify thedepartment, in writing, and provide the legal justification for the claim ofexemption. In addition, laboratory chemical standards shall be exempted fromthe requirements of subsection (a) of this section.
(f) Manufacturers of a mercury-added product may apply to thedirector for an exemption for no more than five (5) years from the limits ontotal mercury content set forth in subsection (a) of this section for a productor category of products. Applications for exemptions must: (1) document thebasis for the requested exemption or renewal of exemption; (2) describe how themanufacturer will ensure that a system exists for the proper collection,transportation and processing of the product(s) at the end of their usefullife; and (3) document the readiness of all necessary parties to perform asintended in the planned system.
(g) The director may grant, with modifications or conditions,an exemption for a product or category of products if he or she finds: (i) asystem exists for the proper collection, transportation and processing of themercury-added product, including direct return of a waste product to themanufacturer, an industry or trade group supported collection and recyclingsystem, or other similar private or public sector efforts; and (ii) he or shefinds the following criteria are met:
(1) Use of the product is beneficial to the environment orprotective of public health or protective of public safety; and/or
(2) There is no technically feasible alternative to the useof mercury in the product; and
(3) There is no comparable non-mercury-added productavailable at reasonable cost.
Prior to issuing an exemption, the director shall consultwith neighboring states and provinces and regional organizations to promoteconsistency. The state shall avoid, to the extent feasible, inconsistencies inthe implementation of this section. Upon reapplication by the manufacturer andfindings by the director of continued eligibility under the criteria of thissubsection and of compliance by the manufacturer with the conditions of thedirector's original approval, an exemption may be renewed one or more times andeach renewal may be for a period of no longer than five (5) years.
§ 23-24.9-7 Phase-out and exemptions.– (a) No mercury-added product shall be offered for final sale or use ordistributed for promotional purposes in Rhode Island if the mercury content ofthe product exceeds:
(1) One gram (1000 milligrams) for mercury-added fabricatedproducts or two hundred fifty (250) parts per million (ppm) for mercury-addedformulated products, effective January 1, 2006;
(2) One hundred (100) milligrams for mercury-added fabricatedproducts or fifty (50) parts per million (ppm) for mercury-added formulatedproducts, effective July 1, 2007; and
(3) Ten (10) milligrams for mercury-added fabricated productsor ten (10) parts per million (ppm) for mercury-added formulated products,effective July 1, 2009.
(b) For a product that contains one or more mercury-addedproducts as a component, this section is applicable to each component part orparts and not to the entire product. For example, if an iron has a mercuryswitch, the phase-out applies to the switch and not the entire iron.
(c) For a product that contains more than one mercury-addedproduct as a component, the phase-out limits specified in subsection (a) ofthis section apply to each component and not the sum of the mercury in all ofthe components. For example, for a car that contains mercury-added switches andlighting, the phase-out limits would apply to each component separately, andnot the combined total of mercury in all of the components.
(d) 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 subsection (a) of this section. As ofJanuary 1, 2010, the mercury content of fluorescent bulbs shall either notexceed one hundred (100) milligrams or the manufacturer shall comply with theexemption requirements pursuant to subsection (f) of this section.
(2) Specialized lighting used in the entertainment industry,such as metal halide lights, shall be exempted from the requirements of §23-24.9-7(a).
(3) Mercury added button cell batteries and productscontaining mercury added button cell batteries shall be exempted from thephase-out limits specified in subsection 23-24.9-7(a).
(e) A mercury-added product shall be exempt from the limitson total mercury content set forth in subsection (f) of this section if thelevel of mercury or mercury compounds contained in the product are required inorder to comply with federal or state health or safety requirements. In orderto claim exemption under this section, the manufacturer must notify thedepartment, in writing, and provide the legal justification for the claim ofexemption. In addition, laboratory chemical standards shall be exempted fromthe requirements of subsection (a) of this section.
(f) Manufacturers of a mercury-added product may apply to thedirector for an exemption for no more than five (5) years from the limits ontotal mercury content set forth in subsection (a) of this section for a productor category of products. Applications for exemptions must: (1) document thebasis for the requested exemption or renewal of exemption; (2) describe how themanufacturer will ensure that a system exists for the proper collection,transportation and processing of the product(s) at the end of their usefullife; and (3) document the readiness of all necessary parties to perform asintended in the planned system.
(g) The director may grant, with modifications or conditions,an exemption for a product or category of products if he or she finds: (i) asystem exists for the proper collection, transportation and processing of themercury-added product, including direct return of a waste product to themanufacturer, an industry or trade group supported collection and recyclingsystem, or other similar private or public sector efforts; and (ii) he or shefinds the following criteria are met:
(1) Use of the product is beneficial to the environment orprotective of public health or protective of public safety; and/or
(2) There is no technically feasible alternative to the useof mercury in the product; and
(3) There is no comparable non-mercury-added productavailable at reasonable cost.
Prior to issuing an exemption, the director shall consultwith neighboring states and provinces and regional organizations to promoteconsistency. The state shall avoid, to the extent feasible, inconsistencies inthe implementation of this section. Upon reapplication by the manufacturer andfindings by the director of continued eligibility under the criteria of thissubsection and of compliance by the manufacturer with the conditions of thedirector's original approval, an exemption may be renewed one or more times andeach renewal may be for a period of no longer than five (5) years.
§ 23-24.9-7 Phase-out and exemptions.– (a) No mercury-added product shall be offered for final sale or use ordistributed for promotional purposes in Rhode Island if the mercury content ofthe product exceeds:
(1) One gram (1000 milligrams) for mercury-added fabricatedproducts or two hundred fifty (250) parts per million (ppm) for mercury-addedformulated products, effective January 1, 2006;
(2) One hundred (100) milligrams for mercury-added fabricatedproducts or fifty (50) parts per million (ppm) for mercury-added formulatedproducts, effective July 1, 2007; and
(3) Ten (10) milligrams for mercury-added fabricated productsor ten (10) parts per million (ppm) for mercury-added formulated products,effective July 1, 2009.
(b) For a product that contains one or more mercury-addedproducts as a component, this section is applicable to each component part orparts and not to the entire product. For example, if an iron has a mercuryswitch, the phase-out applies to the switch and not the entire iron.
(c) For a product that contains more than one mercury-addedproduct as a component, the phase-out limits specified in subsection (a) ofthis section apply to each component and not the sum of the mercury in all ofthe components. For example, for a car that contains mercury-added switches andlighting, the phase-out limits would apply to each component separately, andnot the combined total of mercury in all of the components.
(d) 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 subsection (a) of this section. As ofJanuary 1, 2010, the mercury content of fluorescent bulbs shall either notexceed one hundred (100) milligrams or the manufacturer shall comply with theexemption requirements pursuant to subsection (f) of this section.
(2) Specialized lighting used in the entertainment industry,such as metal halide lights, shall be exempted from the requirements of §23-24.9-7(a).
(3) Mercury added button cell batteries and productscontaining mercury added button cell batteries shall be exempted from thephase-out limits specified in subsection 23-24.9-7(a).
(e) A mercury-added product shall be exempt from the limitson total mercury content set forth in subsection (f) of this section if thelevel of mercury or mercury compounds contained in the product are required inorder to comply with federal or state health or safety requirements. In orderto claim exemption under this section, the manufacturer must notify thedepartment, in writing, and provide the legal justification for the claim ofexemption. In addition, laboratory chemical standards shall be exempted fromthe requirements of subsection (a) of this section.
(f) Manufacturers of a mercury-added product may apply to thedirector for an exemption for no more than five (5) years from the limits ontotal mercury content set forth in subsection (a) of this section for a productor category of products. Applications for exemptions must: (1) document thebasis for the requested exemption or renewal of exemption; (2) describe how themanufacturer will ensure that a system exists for the proper collection,transportation and processing of the product(s) at the end of their usefullife; and (3) document the readiness of all necessary parties to perform asintended in the planned system.
(g) The director may grant, with modifications or conditions,an exemption for a product or category of products if he or she finds: (i) asystem exists for the proper collection, transportation and processing of themercury-added product, including direct return of a waste product to themanufacturer, an industry or trade group supported collection and recyclingsystem, or other similar private or public sector efforts; and (ii) he or shefinds the following criteria are met:
(1) Use of the product is beneficial to the environment orprotective of public health or protective of public safety; and/or
(2) There is no technically feasible alternative to the useof mercury in the product; and
(3) There is no comparable non-mercury-added productavailable at reasonable cost.
Prior to issuing an exemption, the director shall consultwith neighboring states and provinces and regional organizations to promoteconsistency. The state shall avoid, to the extent feasible, inconsistencies inthe implementation of this section. Upon reapplication by the manufacturer andfindings by the director of continued eligibility under the criteria of thissubsection and of compliance by the manufacturer with the conditions of thedirector's original approval, an exemption may be renewed one or more times andeach renewal may be for a period of no longer than five (5) years.
