250 R.I. Code R. 250-RICR-140-20-3.7

Current through October 15, 2024

Section 250-RICR-140-20-3.7 - Limitations on the Use of Elemental Mercury

A. After January 1, 2003, a provider of elemental mercury in Rhode Island, including intermediate distributors and distillers, shall distribute elemental mercury to end-users in Rhode Island only for the allowable uses, specifically for medical, dental, or research purposes.

B. The provider of the elemental mercury shall provide the recipient of the elemental mercury with the Material Safety Data Sheet (MSDS) for elemental mercury, as defined in 42 U.S.C. § 11049 with each delivery of elemental mercury.

C. The purchaser or recipient of elemental mercury shall sign a statement (Appendix A, § 3.20 of this Part), which includes, in accordance with R.I. Gen. Laws § 23-24.9-12, the following information:

1. Name and address of the provider of elemental mercury;

2. Name, address, and telephone number, of a contact person for the provider of elemental mercury;

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

4. Name and address of the recipient of elemental mercury;

5. Name, address, and telephone number of a contact person for the recipient of elemental mercury;

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

7. Amount of mercury provided to the recipient in that delivery;

8. Date of the transfer;

9. A statement indicating that the recipient of the elemental mercury understands and agrees to the following restrictions specified in R.I. Gen. Laws § 23-24.9-12:

a. The recipient of the elemental mercury shall use the mercury only for medical, dental amalgam dispose-caps, or research purposes;

b. The recipient of the elemental mercury understands that mercury is toxic and shall store and use it appropriately so that no person is exposed to the mercury; and

c. The recipient of the elemental mercury shall not place or allow anyone under the purchaser's control to place the mercury or cause the mercury to be placed in solid waste or red bag regulated medical waste for disposal or in a wastewater treatment and disposal system except in accordance with all applicable federal, state and local requirements.

10. The intended allowable use of the mercury by the recipient, namely whether it is to be used for medical, dental, research purposes, or for further distribution for these intended uses; and,

11. Name and title of the authorized senior management official for the recipient of the elemental mercury signing the certification statement.

D. The information required pursuant to § 3.7(C) of this Part shall be submitted to the Department on the form included in Appendix A, § 3.20 of this Part.

E. An authorized senior management official for the recipient of the elemental mercury shall:

1. Sign and date the completed certification statement form; and,

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

F. The recipient of elemental mercury shall complete and sign a separate certification statement for each delivery of elemental mercury.

G. The provider of the elemental mercury shall forward each completed certification statement to the Department.

H. The provider shall forward completed certification statements to the Department at least monthly, unless no elemental mercury was offered for sale or use during the previous month.

250 R.I. Code R. 250-RICR-140-20-3.7