Public Act 095-0452
Public Act 0452 95TH GENERAL ASSEMBLY
|Public Act 095-0452
||LRB095 03430 CMK 23602 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Environmental Protection Act is amended by
changing Section 22.23b as follows:
(415 ILCS 5/22.23b)
Mercury and mercury-added products.
(a) Beginning July 1, 2005, no person shall purchase or
accept, for use in a primary or secondary school classroom,
bulk elemental mercury, chemicals containing mercury
compounds, or instructional equipment or materials containing
mercury added during their manufacture. This subsection (a)
does not apply to: (i) other products containing mercury added
during their manufacture that are used in schools and (ii)
measuring devices used as teaching aids, including, but not
limited to, barometers, manometers, and thermometers, if no
adequate mercury-free substitute exists.
(b) Beginning July 1, 2007, no person shall sell, offer to
sell, distribute, or offer to distribute a mercury switch or
mercury relay individually or as a product component. For a
product that contains one or more mercury switches or mercury
relays as a component, this subsection (b) is applicable to
each component part or parts and not the entire product. This
subsection (b) does not apply to the following:
(1) Mercury switches and mercury relays used in medical
diagnostic equipment regulated under the federal Food,
Drug, and Cosmetic Act.
(2) Mercury switches and mercury relays used at
electric generating facilities.
(3) Mercury switches in thermostats used to sense and
control room temperature.
(4) Mercury switches and mercury relays required to be
used under federal law or federal contract specifications.
(5) A mercury switch or mercury relay used to replace a
mercury switch or mercury relay that is a component in a
larger product in use prior to July 1, 2007, and one of the
(A) The larger product is used in manufacturing; or
(B) The mercury switch or mercury relay is
integrated and not physically separate from other
components of the larger product.
No later than July 1, 2006, the
manufacturer of a
mercury switch or mercury relay, or a scientific instrument or
piece of instructional equipment containing mercury added
during its manufacture, may apply to the Agency for an
exemption from the provisions of
subsection (a) or (b) of
Section for one or more specific uses of the switch, relay,
instrument, or piece of equipment by filing a written petition
with the Agency. The Agency may grant an exemption, with or
without conditions, if the manufacturer demonstrates the
(1) A convenient and widely available system exists for
the proper collection, transportation, and processing of
the switch, relay, instrument, or piece of equipment at the
end of its useful life; and
(2) The specific use or uses of the switch, relay,
instrument, or piece of equipment provides a net benefit to
the environment, public health, or public safety when
compared to available nonmercury alternatives.
Before approving any exemption under this subsection (c)
the Agency must consult with other states to promote
consistency in the regulation of products containing mercury
added during their manufacture. Exemptions shall be granted for
a period of 5 years. The manufacturer may request renewals of
the exemption for additional 5-year periods by filing
additional written petitions with the Agency. The Agency may
renew an exemption if the manufacturer demonstrates that the
criteria set forth in paragraphs (1) and (2) of this subsection
(c) continue to be satisfied. All petitions for an exemption or
exemption renewal shall be submitted on forms prescribed by the
The Agency must adopt rules for processing petitions
submitted pursuant to this subsection (c). The rules shall
include, but shall not be limited to, provisions allowing for
the submission of written public comments on the petitions.
(d) No later than January 1, 2005, the Agency must submit
to the Governor and the General Assembly a report that includes
(1) An evaluation of programs to reduce and recycle
mercury from mercury thermostats and mercury vehicle
(2) Recommendations for altering the programs to make
them more effective.
In preparing the report the Agency may seek information
from and consult with, businesses, trade associations,
environmental organizations, and other government agencies.
(e) Mercury switches and mercury relays, and scientific
instruments and instructional equipment containing mercury
added during their manufacture, are hereby designated as
categories of universal waste subject to the streamlined
hazardous waste rules set forth in Title 35 of the Illinois
Administrative Code, Subtitle G, Chapter I, Subchapter c, Part
733 ("Part 733"). Within 60 days of the effective date of this
amendatory Act of the 93rd General Assembly, the Agency shall
propose, and within 180 days of receipt of the Agency's
proposal the Board shall adopt, rules that reflect this
designation and that prescribe procedures and standards for the
management of such items as universal waste.
If the United States Environmental Protection Agency
adopts streamlined hazardous waste regulations pertaining to
the management of mercury switches or mercury relays, or
scientific instruments or instructional equipment containing
mercury added during their manufacture, or otherwise exempts
such items from regulation as hazardous waste, the Board shall
adopt equivalent rules in accordance with Section 7.2 of this
Act within 180 days of adoption of the federal regulations. The
equivalent Board rules may serve as an alternative to the rules
adopted under subsection (1) of this subsection (e).
(f) Beginning July 1, 2008, no person shall install, sell,
offer to sell, distribute, or offer to distribute a mercury
thermostat in this State. For purposes of this subsection (f),
"mercury thermostat" means a product or device that uses a
mercury switch to sense and control room temperature through
communication with heating, ventilating, or air conditioning
equipment. "Mercury thermostat" includes thermostats used to
sense and control room temperature in residential, commercial,
industrial, and other buildings, but does not include
thermostats used to sense and control temperature as a part of
a manufacturing or industrial process.
(Source: P.A. 93-964, eff. 8-20-04.)
This Act takes effect upon
Effective Date: 8/27/2007