06- 096 C.M.R. ch. 870, § 7

Current through 2024-44, October 30, 2024

Section 096-870-7 - Alternative compliance plan

A manufacturer may apply to the department for approval to carry out an alternative compliance plan in lieu of compliance with the requirements of sections 5 and 6.

A.Application. An application for approval of an alternative compliance plan must be in writing and must:

(1) Identify the requirement or requirements (e.g. font size; placement of the label directly on the product) for which alternative compliance is proposed;

(2) Describe the proposed alternative and explain the justification for it;

(3) Describe how the alternative ensures that purchasers or recipients of mercury-added products are made aware of mercury content prior to purchase or receipt;

(4) Describe how a person discarding the product will be made aware of the need for proper handling to ensure that it does not become part of solid waste or wastewater;

(5) Document the readiness of all necessary parties to implement the proposed alternative; and

(6) Describe the performance measures to be used by the manufacturer to demonstrate that the alternative is providing effective pre-sale and pre-disposal notification.

B.Approval. The department may approve a proposed alternative compliance plan or approve it with modifications and conditions upon determining that compliance with the requirements of sections 5 and 6 is not feasible or that the proposed alternative would be at least as effective in providing pre-sale notification of mercury content and in providing instructions on proper management.

C.Duration. The plan may be approved for a period of no more than three years and may be renewed upon request provided the applicant demonstrates continued eligibility under the criteria of this section and provided the applicant is in compliance with any conditions of its prior approval. Requests for renewal must be submitted to the department in writing at least 90 days prior to expiration. The request must indicate any changes in the product or packaging covered by the plan or any changes in the conditions cited by the manufacturer in support of its original request to carry out an alternative compliance plan.

06- 096 C.M.R. ch. 870, § 7