Pennsylvania Act 2008-97 — MERCURY-FREE THEMOSTAT ACT - ENACTMENT

Act text

MERCURY-FREE THEMOSTAT ACT - ENACTMENT
                  Act of Oct. 9, 2008, P.L. 1346, No. 97              Cl. 27
                                  AN ACT

     Prohibiting the sale, installation and disposal of mercury
        thermostats; and prescribing penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Mercury-Free
     Thermostat Act.
     Section 2.  Legislative findings.
        The General Assembly finds and declares as follows:
            (1)  Waterways throughout this Commonwealth have been
        placed under fish consumption advisory warnings due to high
        levels of mercury contamination.
            (2)  Human exposure to mercury from thermostats is
        primarily through improper disposal of items in landfills or
        through incineration.
            (3)  Mercury thermostats represent the largest amount of
        mercury in ordinary household products. A single mercury
        thermostat contains between three and five grams of mercury.
        According to the Environmental Protection Agency's 2002
        estimates, each year about six to eight tons of mercury from
        discarded thermostats end up in solid waste facilities and
        between one and two tons are released into the air.
            (4)  Electronic programmable thermostats that do not
        contain mercury are readily available and can save consumers
        considerable money in energy costs when used properly. Snap-
        switch thermostats that function like mercury thermostats,
        but contain no mercury, are also available.
            (5)  The Commonwealth supports shared responsibility for
        all stakeholders including manufacturers, retailers,
        wholesalers, local and state governments working to resolve
        those issues and efforts to reduce mercury entering the
        atmosphere and water supply from all sources in the most
        cooperative and cost-effective means available.
            (6)  The nonprofit Thermostat Recycling Corporation
        (TRC), created and supported by thermostat manufacturers, is
        a voluntary program designed to collect mercury thermostats
        from wholesalers. The TRC has been operating in this
        Commonwealth since 2000 and has recycled almost 30,000
        thermostats, thereby diverting more than 284 pounds of
        mercury in seven years in Pennsylvania. This Commonwealth has
        been a consistently high-performing state under the program,
        with collections higher than all but five other states in
        2007. Collections in Pennsylvania peaked at 7,019 thermostats
        in 2006.
            (7)  It is in the public interest to increase the scope
        and effectiveness of mercury thermostat collection programs
        through promotion and expansion of recycling efforts and
        banning the sale, installation and disposal of mercury
        thermostats in this Commonwealth.
     Section 3.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Department."  The Department of Environmental Protection of
     the Commonwealth.
        "Manufacturer."  The owner of a brand name on a thermostat.
        "Mercury thermostat."  A product or device that contains
     mercury or a mercury compound and is used to sense and control
     room temperature through communication with heating, ventilating
     or air-conditioning equipment. The term does not include such
     products or devices used to sense and control temperature as
     part of a manufacturing process.
        "Retailer."  A business that sells thermostats of any kind
     directly to homeowners, other nonprofessionals or contractors
     through any selling or distribution mechanism, including, but
     not limited to, sales using the Internet or catalogs. A retailer
     may also be a wholesaler if the retailer meets the definition of
     wholesaler.
        "Wholesaler."  A business that the Department of
     Environmental Protection determines is primarily engaged in the
     distribution and wholesale selling of large quantities of
     heating, ventilation and air conditioning components to
     contractors who install heating, ventilation and air
     conditioning components.
     Section 4.  Prohibition on sale and installation of mercury
                    thermostats.
        Beginning one year after the effective date of this section,
     no person shall sell, offer for sale or install a mercury
     thermostat in this Commonwealth.
     Section 5.  Prohibiting disposal of mercury thermostats.
        (a)  General rule.--Beginning one year after the effective
     date of this section, no person, municipality or operator of a
     solid waste treatment, processing or disposal facility shall
     knowingly dispose, permit the disposal of or send to a resource
     recovery facility for processing a mercury thermostat from which
     the mercury has not been removed for reuse, recycling or other
     methods approved by the department.
        (b)  Exception.--No operator of a solid waste treatment,
     processing or disposal facility shall be found to have knowingly
     disposed of a mercury thermostat if the facility has notified
     customers of the ban in writing and posted signs at the facility
     clearly noting the prohibition.
        (c)  Construction.--This subsection shall not be construed to
     affect prior existing laws, rules or regulations more stringent
     than the provisions under subsection (a) governing the disposal
     of mercury, mercury thermostats and other products containing
     mercury.
     Section 6.  Collection and recycling programs.
        (a)  Manufacturer programs.--
            (1)  Each manufacturer of mercury thermostats that have
        been sold in this Commonwealth shall, individually or
        collectively, establish and maintain a department-approved
        collection and recycling program for out-of-service mercury
        thermostats from wholesalers, contractors and retailers,
        service technicians and homeowners.
            (2)  The program shall be developed in a manner that
        ensures to the maximum extent that:
                (i)  The capture of out-of-service mercury
            thermostats is maximized.
                (ii)  There is no direct cost to contractors, service
            technicians or homeowners for participating in the
            program, except that wholesalers, contractors and
            retailers may be assessed a nominal administrative fee to
            offset the cost of each collection bin for each
            collection location for out-of-service thermostats.
                (iii)  Information and education on proper management
            and recycling of mercury thermostats are provided to
            contractors, service technicians, wholesalers, retailers,
            institutions and homeowners to encourage the return of
            out-of-service thermostats at established recycling
            collection points.
                (iv)  The purchase of mercury-free programmable
            thermostats qualified by the Environmental Protection
            Agency's Energy Star program as replacements for mercury
            thermostats is encouraged.
                (v)  Mechanisms are in place to protect against the
            fraudulent return of thermostats.
                (vi)  The handling and recycling of mercury
            thermostats is accomplished in a manner compliant with
            section 5 and all other applicable Federal, State and
            local requirements.
                (vii)  The program otherwise implements all aspects
            of the collection program as instructed by the
            department.
        (b)  Wholesaler and retailer participation.--
            (1)  Beginning one year after the effective date of this
        section, except as provided for in paragraph (4), a
        wholesaler or retailer may not sell a thermostat in this
        Commonwealth unless the wholesaler, retailer or contractor
        acts as a collection site for thermostats that contain
        mercury.
            (2)  A wholesaler, retailer or contractor may meet the
        requirements of this subsection by participating as a
        collection site in a manufacturer collection program as
        described under subsection (a) or by collecting thermostats
        that contain mercury and managing the collected thermostats
        in accordance with applicable Federal and State universal
        waste rules.
            (3)  A wholesaler or retailer acting as a collection site
        shall provide visible signage at the site about the
        collection and recycling of mercury thermostats.
            (4)  A retailer or contractor that sells thermostats, but
        chooses not to act as a collection site or participate in a
        manufacturer collection program as a collection site, shall
        provide notice to consumers that recycling of mercury
        thermostats is required under Pennsylvania law, and the
        notice shall include the specific names and locations of any
        collection sites within reasonably close proximity that
        recycle mercury thermostats.
        (c)  Department oversight.--
            (1)  Each manufacturer shall submit to the department for
        review and approval the collection and recycling program
        required under subsection (a) no later than 180 days after
        the effective date of this section. The proposed collection
        and recycling program may include appropriate enhancements to
        an existing program or a new program.
            (2)  Within 30 days after receipt of a manufacturer's
        proposed collection and recycling program, the department
        shall issue a public notice of the availability of the
        proposal and solicit public comment for 30 calendar days.
        Within 90 days after receipt of a proposal, the department
        shall approve, conditionally approve or disapprove the
        proposed collection and recycling program.
            (3)  If the proposed collection and recycling program is
        approved, with or without conditions, the manufacturer or
        manufacturers shall begin implementing the program within 90
        days after receipt of approval.
            (4)  If the entire proposed collection and recycling
        program is not approved, the department shall inform the
        manufacturer as to the reasons for the disapproval. The
        manufacturer shall have 30 days thereafter to submit a
        revised plan.
            (5)  Within 30 days after receipt of a manufacturer's
        revised collection and recycling program, the department
        shall issue a public notice of the availability of the
        revised proposal and solicit public comments for 30 calendar
        days. Within 90 days after receipt of a proposal, the
        department shall approve, conditionally approve or disapprove
        the proposed collection and recycling program.
            (6)  If the revised collection and recycling program is
        not approved, the manufacturer shall be considered out of
        compliance for the purposes of subsection (b) beginning on
        the date the revised plan is disapproved by the department.
            (7)  In conducting its duties under this subsection, the
        department shall take into account the experience of
        thermostat collection programs in other states. The
        department shall approve a manufacturer's proposed collection
        and recycling program if it contains terms and conditions
        sufficient for the department to conclude that the proposed
        program will substantially improve and sustain mercury
        thermostat collection and recycling in this Commonwealth.
        (d)  Safe management and recycling program.--The department
     shall provide education and outreach to business, local
     government, schools and the public on proper management of
     mercury thermostats and other products containing mercury,
     including a listing of department-approved collection sites. A
     list of department-approved collection sites shall also be
     distributed to wholesalers, retailers and contractors or made
     available on the department's Internet website.
        (e)  Reporting.--
            (1)  Each manufacturer with an approved collection and
        recycling program shall submit an annual report to the
        department by June 1 of each year that includes:
                (i)  The number of mercury thermostats collected and
            recycled by the manufacturer pursuant to this act during
            the previous year.
                (ii)  The estimated total amount of mercury contained
            in the mercury components collected by the manufacturer
            pursuant to this act during the previous year.
                (iii)  An evaluation of the effectiveness of the
            manufacturer's collection and recycling program and any
            recommendations for improvements, including modifications
            to the program.
                (iv)  Collection goals which shall be established to
            ensure an increase in the number of mercury thermostats
            collected each year until 2015 or a time that the
            department determines that the number of in-service
            thermostats is steadily declining as a result of the ban
            on sales and installation.
            (2)  Within 90 days after receipt of the manufacturer's
        annual reports, the department shall publish information in
        its Internet website about the collection and recycling of
        mercury thermostats in this Commonwealth. This information
        shall include:
                (i)  A description of the collection and recycling
            program established under this act.
                (ii)  Collection goals and data on actual collection
            rates.
            (3)  In conjunction with the manufacturer, the department
        may alter any and all elements of the previously approved
        manufacturer collection and recycling program, including, but
        not limited to, the number and location of the collection
        points and collection goals and means to achieve established
        goals, provided alterations are not inconsistent with the
        requirements of this and other applicable laws.
            (4)  The Secretary of Environmental Protection may
        discontinue the requirement for the annual report pursuant to
        this subsection on finding that mercury thermostats no longer
        pose a threat to the environment and to public health.
     Section 7.  Penalties.
        The department may assess civil penalties for violations of
     this act. The penalty shall not exceed $2,500 per day for each
     violation. Each day of continued violation, and each violation
     of any provision of this act, any rule or regulations adopted
     under this act, any order of the department or any condition or
     term of a collection and recycling program approved pursuant to
     this act shall constitute a separate offense and violation.
     Section 8.  Effective date.
        This act shall take effect in 60 days.