La. Admin. Code tit. 33 § I-2717

Current through Register Vol. 50, No. 8, August 20, 2024

Section I-2717 - Collection of Mercury-Added Products

A. A manufacturer of any mercury-added product containing more than 10 milligrams of mercury that is offered for final sale or use or distributed for promotional purposes in the state must implement a collection system plan that has been approved by the department. For a product that contains more than one mercury-added product as a component, the limits specified in this Subsection apply to each component. A manufacturer may develop a collection system plan either on its own or in concert with others.

B. The collection system plan must provide for the removal and collection of the mercury-added component or the collection of both the mercury-added component and the product containing it.

C. Prior to offering any mercury-added product containing more than 10 milligrams (or for products with removable components, more than 10 milligrams per component) of mercury for final sale or use or distribution for promotional purposes in Louisiana, the manufacturer or its representative shall submit a written collection system plan, or a request for exemption from the collection system plan requirement, to the Office of the Secretary and receive the department's approval. The proposed plan shall include the following information:

1. the manufacturer's name, mailing address, and if available, Internet address;

2. the contact person's name and phone number;

3. documentation describing a public education program, including implementation dates, that will inform the public about the purpose of the collection system program and how to participate in it;

4. identification of the targeted capture rate for the mercury-added product, product category, or component;

5. a plan for implementation of the proposed collection system;

6. documentation of the willingness of all necessary parties to implement and participate in the program, and their contact information;

7. a description of the performance measures to be used to demonstrate that the collection system is meeting capture rate targets;

8. 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;

9. a description of a recycling or disposal plan;

10. a signed certification stating that the person signing:

a. has personally examined and is familiar with the information submitted within the collection system plan and all attachments; and

b. is authorized to sign the certification by the entity on whose behalf he is signing.

D. Within a year of the department's approval of the collection system plan, the manufacturer, or the entity that submitted the plan on behalf of the manufacturer, shall ensure that a convenient and accessible recovery system for the users of those products is in full operation. Two years following the implementation of the collection system plan required under this Section, and every two years thereafter, the manufacturer, or the entity that submitted the plan on behalf of the manufacturer, shall submit a report on the effectiveness of the collection system. The report shall be submitted to the Office of the Secretary by July 1 of each reporting year. The report shall include the following information:

1. an estimate of the amount of mercury that was collected;

2. the capture rate for the mercury-added products or components;

3. the results of the other performance measures included in the manufacturer's collection system plan; and

4. such other information as the department may require.

E. Mercury-added formulated products intended to be totally consumed in use, such as cosmetics, pharmaceuticals, and reagents and other laboratory chemicals, shall be exempt from the requirements of this Section.

F. The manufacturer of a mercury-added product subject to the collection system requirements of R.S. 30:2581 and this Section may apply to the department for an exemption from R.S. 30:2581 and this Section for a product or category of products. An exemption request shall contain, at a minimum, the following information:

1. the amount of mercury in the mercury-added product;

2. the total amount of the mercury-added product sold in Louisiana;

3. the total amount of the mercury-added product disposed of in Louisiana;

4. the feasibility of a collection system; and

5. the overall risk to human health and the environment posed by the mercury-added product.

G. The administrative authority shall decide whether to grant the requested exemption within 180 days from the date on which the request for exemption was filed, unless a longer time period is agreed upon by mutual consent of the applicant and the administrative authority.

H. Exemptions may be renewed upon reapplication by the manufacturer and findings by the department of continued eligibility under the criteria of R.S. 30:2581 and this Section and of compliance by the manufacturer with the conditions of its original approval and any other conditions the department may have added. Exemptions may be renewed one or more times, and each renewal may be for a period of no longer than two years.

La. Admin. Code tit. 33, § I-2717

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 35:453 (March 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq. and, in particular, 2571.