250 R.I. Code R. 250-RICR-140-20-3.9

Current through October 15, 2024

Section 250-RICR-140-20-3.9 - Phase-Outs and Exemptions

A. No mercury-added product shall be offered for final sale or use or distributed for promotional purposes in Rhode Island if the mercury content of the product exceeds:

1. One gram, (1000 milligrams) for mercury-added fabricated products or two hundred fifty (250) parts per million (ppm) for mercury-added formulated products, effective January 1, 2006;

2. One hundred (100) milligrams for mercury-added fabricated products or fifty (50) parts per million (ppm) for mercury-added formulated products, effective July 1, 2007; and,

3. Ten (10) milligrams for mercury-added fabricated products or ten (10) parts per million (ppm) for mercury-added formulated products, effective July 1, 2009.

B. For a product that contains one (1) or more mercury-added products as a component, § 3.9 of this Part is applicable to each component part or parts and not to the entire product.

C. For a product that contains more than one (1) mercury-added product as a component, the phase-out limits specified in §§ 3.9(A)(1) through (3) of this Part apply to each component and not the sum of the mercury in all of the components.

D. Exemptions - Certain Lamps. 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 § 3.9(A) of this Part. As of January 1, 2010, the mercury content of fluorescent bulbs shall either not exceed ten (10) milligrams or the manufacturer shall comply with the exemption requirements pursuant to § 3.9(F) of this Part.

E. Exemptions - Federal and State Health and Safety Requirements. A mercury-added product shall be exempt from the limits on total mercury content set forth in § 3.9(A) of this Part if the level of mercury or mercury compounds contained in the product are required in order to comply with federal or state health or safety requirements. In order to claim this exemption, the manufacturer shall notify the Department, in writing, and provide the legal justification for the claim of exemption. In addition, laboratory chemical standards shall be exempted from the requirements of § 3.9(A) of this Part.

F. Application for Exemptions. Manufacturers of a mercury-added product or category of products may apply to the Director for an exemption from the limits on total mercury content set forth in § 3.9(A) of this Part. If approved, the time period associated with each manufacturer's exemption shall not exceed five (5) years. All fees required for phase-out exemption requests shall be submitted to the Department at the time of the request pursuant to § 3.13 of this Part. The manufacturer, or an organization/company acting directly on behalf of the manufacturer, shall complete and sign a form as provided by the Department that provides the following information, including attachments:

1. The full legal name and address of the manufacturer. If a company or organization other than the manufacturer is applying for the exemption, the completed form shall include the company or organization's full legal name and mailing address.

2. The name, address and telephone number of a contact person for the manufacturer. If a company or organization other than the manufacturer is applying for the exemption, the completed form shall include the name, address and telephone number of a contact person for the company or organization.

3. If the manufacturer corresponds via email or otherwise has a presence on the Internet, the contact person's email address and/or manufacturers web address, as applicable. If a company or organization other than the manufacturer is applying for the exemption, the completed form shall include the contact person's email address and/or organizations web address, as applicable.

4. A copy of the latest approval letter issued by the IMERC upon completion of the notification requirements set forth in § 3.5 of this Part.

5. An explanation of the specific reason(s) for the requested exemption.

6. An explanation of how the manufacturer, either on its own or in conjunction with other parties, plans to collect, transport and process the product at the end of its useful life.

7. Documentation of the readiness of all other parties to perform as intended in the planned collection system.

8. An explanation of why the product is not detrimental to the environment or is protective of public health and safety.

9. An explanation about why there is no technically feasible alternative to the use of mercury in the product.

10. An explanation about whether or not a comparable non-mercury-added product exists and is available at reasonable cost.

11. If applicable, provide documentation that the product or product category has been exempted from phase-out provisions for mercury-added products required in other states in the United States participating in the Interstate Mercury Education and Reduction Clearinghouse (IMERC).

12. A signed, dated and notarized statement certifying that the information on the form is true and accurate to the best of the individual's knowledge and belief, subject to all penalties available under RI law for making false statements to the government.

13. All requests for exemptions shall be made in writing on the form as provided by and submitted to the Department.

14. Exemption requests submitted to the Department pursuant to § 3.9(A)(1) of this Part shall be submitted immediately following the effective date of these regulations.

15. The Department will only ensure a decision on an exemption request for §§ 3.9(A)(2) and (3) of this Part by the effective date of the phase-out for those requests submitted at least 120 days prior to the effective date of the phase-out.

16. The Director may request additional information from the manufacturer or company/organization acting on behalf of the manufacturer if necessary to determine whether the product shall be granted an exemption.

G. The Director may grant, with modifications or conditions, an application for an exemption under § 3.9(F) for a product or category of products if he or she finds:

1. a system exists for the proper collection, transportation and processing of the mercury-added product, including direct return of a waste product to the manufacturer, an industry or trade group supported collection and recycling system, or other similar private or public sector efforts; and

2. he or she finds the following criteria are met:

a. Use of the product is not detrimental to the environment, or is protective of public health or protective of public safety; and/or

b. There is no technically feasible alternative to the use of mercury in the product; and

c. There is no comparable non-mercury-added product available at reasonable cost.

H. Prior to issuing any exemption, the Director shall consult with other states and provinces and regional organizations to promote consistency. The Department shall attempt to avoid inconsistencies in the implementation of § 3.9 of this Part. Upon reapplication by the manufacturer and findings by the Director of continued eligibility under § 3.9(G) of this Part and of compliance by the manufacturer with the conditions of the Director's original approval, an exemption may be renewed one (1) or more times and each renewal may be for a period of no longer than five (5) years.

250 R.I. Code R. 250-RICR-140-20-3.9