250 R.I. Code R. 250-RICR-140-20-3.5

Current through October 15, 2024

Section 250-RICR-140-20-3.5 - Notification

A. Notification Requirements In Accordance with by R.I. Gen. Laws § 23-24.9-5: Reporting by Manufacturers or Industry/Trade Groups.

B. Initial Notification

1. The notification for a mercury-added product(s) required by R.I. Gen. Laws § 23-24.9-5, shall include, at a minimum, the following information for the manufacturer of the product(s):

a. The manufacturer's full legal name and mailing address;

b. The name, address, and telephone number of a contact person for the manufacturer;

c. If the manufacturer corresponds via e-mail or otherwise has a presence on the Internet, the contact person's e-mail address and/or manufacturer's web address, as applicable; and,

2. If the notification, including information required under § 3.5(B)(1) of this Part, for a mercury-added product(s) is submitted by a manufacturer's designated industry or trade group, the notification shall include the following information:

a. The company or organization's full legal name and mailing address;

b. The name, address, and telephone number of a contact person for the company or organization; and,

c. If the company or organization corresponds via e-mail or otherwise has a presence on the Internet, the contact person's e-mail address and/or organization's web address, as applicable.

3. The notification for a mercury-added product(s), shall include the following information on the mercury-added product(s):

a. A description of the product or product category;

b. The amount of mercury in each unit of the product, reported in milligrams (mg) or parts-per-million (ppm) either as an exact number, as an average per unit with an upper and lower limit, or as falling within one (1) of the ranges specified in § 3.5(B)(4) of this Part;

c. The purpose of mercury in each unit of the product;

d. If the mercury-added product or product category contains one (1) or more mercury-added components in the product, the information required under §§ 3.5(B)(3)(a) through (c) of this Part shall be provided for each mercury-added component contained in the product; and,

e. If the mercury-added product or product category contains one (1) or more mercury-added components in the product, the notification shall indicate how many units of each component are contained in each unit of the product.

4. The manufacturer shall use the following ranges when reporting mercury content of mercury-added products by range and for classifying products according to the mercury content in each unit of the mercury-added product:

a. Greater than 0 but less than or equal to 5 milligrams (mg);

b. Greater than 5 mg but less than or equal to 10 mg;

c. Greater than 10 mg but less than or equal to 50 mg;

d. Greater than 50 mg but less than or equal to 100 mg;

e. Greater than 100 mg but less than or equal to 1000 mg; or,

f. Greater than 1000 mg.

5. If a manufacturer of a mercury-added formulated product elects to use the specified ranges in § 3.5(B)(4) of this Part, they shall report the milligrams of mercury per one (1) liter of the mercury-added formulated product.

6. The notification shall provide the name and title of the authorized senior management official signing the notification on behalf of the manufacturer.

7. An authorized senior management official shall:

a. Sign and date the notification form; and,

b. Certify by the individual's signature that the information submitted on the form(s) is true and accurate to the best of their knowledge and belief, subject to a penalty for making false statements.

8. The notification information required under § 3.5(B) of this Part shall be submitted on a form obtained from the Interstate Mercury Education and Reduction Clearinghouse (IMERC).

9. The notification shall be submitted to the Interstate Mercury Education and Reduction Clearinghouse (IMERC). If information is submitted to the Department, in accordance with these regulations, it is assumed to be a public record unless exempt under R.I. Gen. Laws § 38-2-2 (R.I. Access to Public Records Act).

10. The manufacturer of a product containing a mercury-added button cell battery(ies) shall comply with all the requirements of §§ 3.5(B)(1) through (9) of this Part, even if the battery is the only mercury or mercury-added component in their product.

C. Updated Notification

1. The manufacturer, or the manufacturer's designated industry or trade group, shall update and revise the information in the notification whenever there is a significant change in the information or when requested by the Director.

2. A significant change that triggers the requirement to provide an updated notification shall be deemed to have occurred whenever:

a. Any of the following contact information has changed for the manufacturer or the manufacturer's industry or trade group:

(1) company or organization name,

(2) name of the company's or organization's contact person, and

(3) mailing address or phone number for the contact person;

b. The mercury has been eliminated from the product or product category;

c. The manufacturer stops manufacturing the mercury-added product or product category;

d. The mercury-added product or product category is no longer sold in Rhode Island; or,

e. It has been 3 years since the previous notification was approved.

3. The updated notification shall include the following:

a. All the information required by R.I. Gen. Laws § 23-24.9-5; and,

b. The reason for the update.

4. An authorized senior management official shall:

a. Sign and date the updated notification form; and,

5. The updated notification shall be submitted on a form obtained from the Interstate Mercury Education and Reduction Clearinghouse (IMERC).

6. The updated notification shall be submitted to the Interstate Mercury Education and Reduction Clearinghouse (IMERC). If information is submitted to the Department, in accordance with these regulations, it is assumed to be a public record unless exempt under R.I. Gen. Laws § 38-2-2 (R.I. Access to Public Records Act).

D. Reporting by Product Category

1. Two or more mercury-added products may be reported as a product category under the following conditions:

a. All products included in the product category have the same purpose for having mercury in the product and have the same mercury-added components; and

b. For products with mercury-added or with one mercury-added component, all the products included in the product category contain a total amount of mercury per unit, on average, that falls within one of the ranges defined in § 3.5(B)(4) of this Part; or

c. For products with multiple mercury-added components, all like components of the products included in the product category contain a total amount of mercury per unit, on average, that falls within one of the ranges defined in § 3.5(B)(4) of this Part.

E. Reporting Total Mercury in All Mercury-Added Products

1. A manufacturer of a mercury-added product(s), or the manufacturer's designated industry or trade group, shall submit a notification providing information on the total amount of mercury in all products required by R.I. Gen. Laws § 23-24.9-5.

2. The information on the total amount of mercury in all mercury-added products sold in the United States for a calendar year shall be reported by product or product category.

3. If the information on the total amount of mercury contained in all mercury-added products sold in the United States over the last calendar year is to be submitted by an industry or trade group, the manufacturer shall provide the following information in a separate notification:

a. The name and address of the designated industry or trade group;

b. The name, address, and telephone number for a contact person for the industry or trade group; and,

c. A statement that the information will be provided by an industry or trade group.

4. The notification of the total amount of mercury in all mercury-added products shall include the following information:

a. The manufacturer's or industry or trade group's name and address;

b. The name, address, and telephone number of a contact person for the manufacturer or industry or trade group;

c. If the manufacturer or industry or trade group corresponds via e-mail or otherwise has a presence on the Internet, the contact person's e-mail address and/or manufacturer's web address, as applicable;

d. If the information on the total amount of mercury contained in all mercury-added products sold in the United States over the last calendar year is submitted by an industry or trade group, the industry or trade group shall specify the manufacturers for whom it is reporting; and,

e. The total amount of mercury in all mercury-added products sold in the United States for the previous calendar year.

5. Information on the total amount of mercury contained in all mercury-added products sold in the United States shall be submitted to the Department by April 1st for the previous calendar year.

6. The manufacturer or industry or trade group shall submit information on the total amount of mercury in all mercury-added products sold in the United States for a calendar year every 3 years thereafter.

250 R.I. Code R. 250-RICR-140-20-3.5