Illinois General Assembly - Full Text of SB1213
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Full Text of SB1213  97th General Assembly


Sen. Heather A. Steans

Filed: 3/11/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 1213 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Environmental Protection Act is amended by
5changing Sections 3.284 and 22.23b as follows:
6    (415 ILCS 5/3.284)
7    Sec. 3.284. Mercury switch. "Mercury switch" means a
8product or device, containing mercury added during its
9manufacture, that opens or closes an electrical circuit or gas
10valve, or makes, breaks, or changes the connection in an
11electrical circuit, including, but not limited to, mercury
12float switches actuated by rising or falling liquid levels,
13mercury tilt switches actuated by a change in the switch
14position, mercury pressure switches actuated by a change in
15pressure, mercury temperature switches actuated by a change in
16temperature, and mercury flame sensors.



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1(Source: P.A. 93-964, eff. 8-20-04.)
2    (415 ILCS 5/22.23b)
3    Sec. 22.23b. Mercury and mercury-added products.
4    (a) Beginning July 1, 2005, no person shall purchase or
5accept, for use in a primary or secondary school classroom,
6bulk elemental mercury, chemicals containing mercury
7compounds, or instructional equipment or materials containing
8mercury added during their manufacture. This subsection (a)
9does not apply to: (i) other products containing mercury added
10during their manufacture that are used in schools and (ii)
11measuring devices used as teaching aids, including, but not
12limited to, barometers, manometers, and thermometers, if no
13adequate mercury-free substitute exists.
14    (b) Beginning July 1, 2007, no person shall sell, offer to
15sell, distribute, or offer to distribute in this State a
16mercury switch or mercury relay individually or as a product
17component. For a product that contains one or more mercury
18switches or mercury relays as a component, this subsection (b)
19is applicable to each component part or parts and not the
20entire product. This subsection (b) does not apply to the
22        (1) Mercury switches and mercury relays used in medical
23    diagnostic equipment regulated under the federal Food,
24    Drug, and Cosmetic Act.
25        (2) Mercury switches and mercury relays used at



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1    electric generating facilities.
2        (3) Mercury switches in thermostats used to sense and
3    control room temperature.
4        (4) Mercury switches and mercury relays required to be
5    used under federal law or federal contract specifications.
6        (5) A mercury switch or mercury relay used to replace a
7    mercury switch or mercury relay that is a component in a
8    larger product in use before prior to July 1, 2007, and one
9    of the following applies:
10            (A) The larger product is used in manufacturing; or
11            (B) The mercury switch or mercury relay is
12        integrated and not physically separate from other
13        components of the larger product.
14    (c) The manufacturer of a mercury switch or mercury relay,
15or a scientific instrument or piece of instructional equipment
16containing mercury added during its manufacture, may apply to
17the Agency for an exemption from the provisions of subsection
18(a) or (b) of this Section for one or more specific uses of the
19switch, relay, instrument, or piece of equipment by filing a
20written petition with the Agency. The Agency may grant an
21exemption, with or without conditions, if the manufacturer
22demonstrates the following:
23        (1) A convenient and widely available system exists for
24    the proper collection, transportation, and processing of
25    the switch, relay, instrument, or piece of equipment at the
26    end of its useful life; and



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1        (2) The specific use or uses of the switch, relay,
2    instrument, or piece of equipment provides a net benefit to
3    the environment, public health, or public safety when
4    compared to available nonmercury alternatives.
5    Before approving any exemption under this subsection (c)
6the Agency must consult with other states to promote
7consistency in the regulation of products containing mercury
8added during their manufacture. Exemptions shall be granted for
9a period of 5 years. The manufacturer may request renewals of
10the exemption for additional 5-year periods by filing
11additional written petitions with the Agency. The Agency may
12renew an exemption if the manufacturer demonstrates that the
13criteria set forth in paragraphs (1) and (2) of this subsection
14(c) continue to be satisfied. All petitions for an exemption or
15exemption renewal shall be submitted on forms prescribed by the
17    The Agency must adopt rules for processing petitions
18submitted pursuant to this subsection (c). The rules shall
19include, but shall not be limited to, provisions allowing for
20the submission of written public comments on the petitions.
21    (d) No later than January 1, 2005, the Agency must submit
22to the Governor and the General Assembly a report that includes
23the following:
24        (1) An evaluation of programs to reduce and recycle
25    mercury from mercury thermostats and mercury vehicle
26    components; and



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1        (2) Recommendations for altering the programs to make
2    them more effective.
3    In preparing the report the Agency may seek information
4from and consult with, businesses, trade associations,
5environmental organizations, and other government agencies.
6    (e) Mercury switches and mercury relays, and scientific
7instruments and instructional equipment containing mercury
8added during their manufacture, are hereby designated as
9categories of universal waste subject to the streamlined
10hazardous waste rules set forth in Title 35 of the Illinois
11Administrative Code, Subtitle G, Chapter I, Subchapter c, Part
12733 ("Part 733"). Within 60 days of the effective date of this
13amendatory Act of the 93rd General Assembly, the Agency shall
14propose, and within 180 days of receipt of the Agency's
15proposal the Board shall adopt, rules that reflect this
16designation and that prescribe procedures and standards for the
17management of such items as universal waste.
18    If the United States Environmental Protection Agency
19adopts streamlined hazardous waste regulations pertaining to
20the management of mercury switches or mercury relays, or
21scientific instruments or instructional equipment containing
22mercury added during their manufacture, or otherwise exempts
23such items from regulation as hazardous waste, the Board shall
24adopt equivalent rules in accordance with Section 7.2 of this
25Act within 180 days of adoption of the federal regulations. The
26equivalent Board rules may serve as an alternative to the rules



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1adopted under subsection (1) of this subsection (e).
2    (f) Beginning July 1, 2008, no person shall install, sell,
3offer to sell, distribute, or offer to distribute a mercury
4thermostat in this State. For purposes of this subsection (f),
5"mercury thermostat" means a product or device that uses a
6mercury switch to sense and control room temperature through
7communication with heating, ventilating, or air conditioning
8equipment. "Mercury thermostat" includes thermostats used to
9sense and control room temperature in residential, commercial,
10industrial, and other buildings, but does not include
11thermostats used to sense and control temperature as a part of
12a manufacturing or industrial process.
13(Source: P.A. 95-452, eff. 8-27-07.)
14    Section 10. The Mercury Switch Removal Act is amended by
15changing Section 15 as follows:
16    (415 ILCS 97/15)
17    (Section scheduled to be repealed on January 1, 2017)
18    Sec. 15. Mercury switch collection programs.
19    (a) Within 60 days of the effective date of this Act,
20manufacturers of vehicles in Illinois that contain mercury
21switches must begin to implement a mercury switch collection
22program that facilitates the removal of mercury switches from
23end-of-life vehicles before prior to the vehicles are being
24flattened, crushed, shredded, or otherwise processed for



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1recycling and to collect and properly manage mercury switches
2in accordance with the Environmental Protection Act and
3regulations adopted thereunder. In order to ensure that the
4mercury switches are removed and collected in a safe and
5consistent manner, manufacturers must, to the extent
6practicable, use the currently available end-of-life vehicle
7recycling infrastructure. The collection program must be
8designed to achieve capture rates of not less than (i) 35% for
9the period of July 1, 2006, through June 30, 2007; (ii) 50% for
10the period of July 1, 2007, through June 30, 2008; and (iii)
1170% for the period of July 1, 2008, through June 30, 2009 and
12for each subsequent period of July 1 through June 30. At a
13minimum, the collection program must:
14        (1) Develop and provide educational materials that
15    include guidance as to which vehicles may contain mercury
16    switches and procedures for locating and removing mercury
17    switches. The materials may include, but are not limited
18    to, brochures, fact sheets, and videos.
19        (2) Conduct outreach activities to encourage vehicle
20    recyclers and vehicle crushers to participate in the
21    mercury switch collection program. The activities may
22    include, but are not limited to, direct mailings,
23    workshops, and site visits.
24        (3) Provide storage containers to participating
25    vehicle recyclers and vehicle crushers for mercury
26    switches removed under the program.



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1        (4) Provide a collection and transportation system to
2    periodically collect and replace filled storage containers
3    from vehicle recyclers, vehicle crushers, and scrap metal
4    recyclers, either upon notification that a storage
5    container is full or on a schedule predetermined by the
6    manufacturers.
7        (5) Establish an entity that will serve as a point of
8    contact for the collection program and that will establish,
9    implement, and oversee the collection program on behalf of
10    the manufacturers.
11        (6) Track participation in the collection program and
12    the progress of mercury switch removals and collections.
13    (b) Within 90 days of the effective date of this Act,
14manufacturers of vehicles in Illinois that contain mercury
15switches must submit to the Agency an implementation plan that
16describes how the collection program under subsection (a) of
17this Section will be carried out for the duration of the
18program and how the program will achieve the capture rates set
19forth in subsection (a) of this Section. At a minimum, the
20implementation plan must:
21        (A) Identify the educational materials that will
22    assist vehicle recyclers, vehicle crushers, and scrap
23    metal processors in identifying, removing, and properly
24    managing mercury switches removed from end-of-life
25    vehicles.
26        (B) Describe the outreach program that will be



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1    undertaken to encourage vehicle recyclers and vehicle
2    crushers to participate in the mercury switch collection
3    program.
4        (C) Describe how the manufacturers will ensure that
5    mercury switches removed from end-of-life vehicles are
6    managed in accordance with the Illinois Environmental
7    Protection Act and regulations adopted thereunder.
8        (D) Describe how the manufacturers will collect and
9    document the information required in the quarterly reports
10    submitted pursuant to subsection (e) of this Section.
11        (E) Describe how the collection program will be
12    financed and implemented.
13        (F) Identify the manufacturer's address to which the
14    Agency should send the notice required under subsection (f)
15    of this Section.
16    The Agency shall review the collection program plans it
17receives for completeness and shall notify the manufacturer in
18writing if a plan is incomplete. Within 30 days after receiving
19a notification of incompleteness from the Agency the
20manufacturer shall submit to the Agency a plan that contains
21all of the required information.
22    (c) The Agency must provide assistance to manufacturers in
23their implementation of the collection program required under
24this Section. The assistance shall include providing
25manufacturers with information about businesses likely to be
26engaged in vehicle recycling or vehicle crushing, conducting



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1site visits to promote participation in the collection program,
2and assisting with the scheduling, locating, and staffing of
3workshops conducted to encourage vehicle recyclers and vehicle
4crushers to participate in the collection program.
5    (d) Manufacturers subject to the collection program
6requirements of this Section shall provide, to the extent
7practicable, the opportunity for trade associations of vehicle
8recyclers, vehicle crushers, and scrap metal recyclers to be
9involved in the delivery and dissemination of educational
10materials regarding the identification, removal, collection,
11and proper management of mercury switches in end-of-life
13    (e) (Blank). For the calendar quarter ending March 31,
142007, and for each calendar quarter thereafter, not later than
1545 days following the close of the calendar quarter
16manufacturers subject to the collection program requirements
17of this Section must submit to the Agency a quarterly report
18that contains the following information: (i) the number of
19vehicle recyclers, vehicle crushers, and scrap metal recyclers
20participating in the manufacturer's collection program during
21the reported quarter, (ii) the number of mercury switches
22removed from end-of-life vehicles during the reported quarter
23by the vehicle recyclers, vehicle crushers, and scrap metal
24recyclers participating in the program, and (iii) the amount of
25mercury collected and recycled through the manufacturer's
26collection program during the reported calendar quarter.



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1    (f) If the reports required under this Act indicate that
2the capture rates set forth in subsection (a) of this Section
3for the period of July 1, 2007, though June 30, 2008, or for
4any subsequent period have not been met the Agency shall
5provide notice that the capture rate was not met; provided,
6however, that the Agency is not required to provide notice if
7it determines that the capture rate was not met due to a force
8majeure. The Agency shall provide the notice by posting a
9statement on its website and by sending a written notice via
10certified mail to the manufacturers subject to the collection
11program requirement of this Section at the addresses provided
12in the manufacturers' collection plans. Once the Agency
13provides notice pursuant to this subsection (f) it is not
14required to provide notice in subsequent periods in which the
15capture rate is not met.
16    (g) Beginning 30 days after the Agency first provides
17notice pursuant to subsection (f) of this Section, the
18following shall apply:
19        (1) Vehicle recyclers must remove all mercury switches
20    from each end-of-life vehicle before vehicles prior to
21    delivering the vehicle vehicles to an on-site or off-site
22    vehicle crusher or to a scrap metal recycler, provided that
23    a vehicle recycler is not required to remove a mercury
24    switch that is inaccessible due to significant damage to
25    the vehicle in the area surrounding the mercury switch that
26    occurred before prior to the vehicle recycler's receipt of



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1    the vehicle in which case the damage must be noted in the
2    records the vehicle recycler is required to maintain under
3    subsection (c) of Section 10 Section 10(c) of this Act.
4        (2) No vehicle recycler, vehicle crusher, or scrap
5    metal recycler shall flatten, crush, or otherwise process
6    an end-of-life vehicle for recycling unless all mercury
7    switches have been removed from the vehicle, provided that
8    a mercury switch that is inaccessible due to significant
9    damage to the vehicle in the area surrounding the mercury
10    switch that occurred before prior to the vehicle
11    recycler's, or the vehicle crusher's, or scrap metal
12    recycler's receipt of the vehicle is not required to be
13    removed. The damage must be noted in the records the
14    vehicle recycler or vehicle crusher is required to maintain
15    under subsection (c) of Section 10 Section 10(c) of this
16    Act.
17        (3) Notwithstanding paragraphs (1) through (2) of this
18    subsection (g) subsection (g)(1) of this Section, a scrap
19    metal recycler may agree to accept an end-of-life vehicle
20    that contains one or more mercury switches and that has not
21    been flattened, crushed, shredded, or otherwise processed
22    for recycling provided the scrap metal recycler removes all
23    mercury switches from the vehicle before the vehicle is
24    flattened, crushed, shredded, or otherwise processed for
25    recycling. Scrap metal recyclers are not required to remove
26    a mercury switch that is inaccessible due to significant



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1    damage to the vehicle in the area surrounding the mercury
2    switch that occurred before prior to the scrap metal
3    recycler's receipt of the vehicle. The damage must be noted
4    in the records the scrap metal recycler is required to
5    maintain under subsection (c) of Section 10 Section 10(c)
6    of this Act.
7        (4) Manufacturers subject to the collection program
8    requirements of this Section must provide to vehicle
9    recyclers, vehicle crushers, and scrap metal recyclers the
10    following compensation for all mercury switches removed
11    from end-of-life vehicles on or after the date of the
12    notice: $2.00 for each mercury switch removed by the
13    vehicle recycler, vehicle crusher, or the scrap metal
14    recycler, the costs of the containers in which the mercury
15    switches are collected, and the costs of packaging and
16    transporting the mercury switches off-site. Payment of
17    this compensation must be provided in a prompt manner.
18    (h) In meeting the requirements of this Section
19manufacturers may work individually or as part of a group of 2
20or more manufacturers.
21(Source: P.A. 94-732, eff. 4-24-06.)
22    Section 15. The Mercury-added Product Prohibition Act is
23amended by changing Section 27 as follows:
24    (410 ILCS 46/27)



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1    Sec. 27. Sale and distribution of certain mercury-added
2products prohibited.
3    (a) On and after July 1, 2008, no person shall sell, offer
4to sell, or distribute the following mercury-added products in
5this State:
6        (1) barometers;
7        (2) esophageal dilators, bougie tubes, or
8    gastrointestinal tubes;
9        (3) flow meters;
10        (4) hydrometers;
11        (5) hygrometers;
12        (6) manometers;
13        (7) pyrometers;
14        (8) sphygmomanometers;
15        (9) thermometers; or
16        (10) psychrometers; .
17        (11) pressure transducers;
18        (12) rings;
19        (13) seals; or
20        (14) sensors.
21    (b) This Section does not apply to the sale of a
22mercury-added product listed in paragraphs (1) through (14)
23(10) of subsection (a) if use of the product is a federal
24requirement or if the only mercury-added component in the
25product is a button cell battery.
26    (c) This Section does not apply to the sale of a



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1mercury-added product listed in paragraphs (1) through (14)
2(10) of subsection (a) for which an exemption is obtained under
3this subsection (c). The manufacturer of the product may apply
4for an exemption for one or more uses of the product by filing
5a written petition with the Agency. The Agency may grant an
6exemption, with or without conditions, if the manufacturer
7demonstrates the following:
8        (1) a system exists for the proper collection,
9    transportation, and processing of the product at the end of
10    its useful life; and
11        (2) one of the following applies:
12            (i) use of the product provides a net benefit to
13        the environment, public health, or public safety when
14        compared to available nonmercury alternatives; or
15            (ii) technically feasible nonmercury alternatives
16        are not available at comparable cost.
17    Before Prior to approving an exemption, the Agency may
18consult with other states to promote consistency in the
19regulation of the product for which the exemption is requested.
20The Agency may also publish notice of its receipt of petitions
21for exemptions on its website and consider public comments
22submitted in response to the petitions. Exemptions shall be
23granted for a term of 5 years and may be renewed for additional
245-year terms upon written application by the manufacturer if
25the manufacturer demonstrates that the criteria of this
26subsection (c) and the conditions of the product's original



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1exemption approval continue to be met. All petitions for
2exemptions and exemption renewals shall be submitted on forms
3prescribed by the Agency.
4(Source: P.A. 95-87, eff. 8-13-07.)
5    Section 99. Effective date. This Act takes effect on July
61, 2012.".