Omnibus Mercury Reduction Act
This bill is based on model legislation drafted by the Mercury Policy Project – one of the nation’s leading mercury abatement advocacy groups.

Mercury Thermometer Reduction Act
This legislation is based on Minnesota’s HF 274 that passed and was signed into law in 2001. Originally introduced as labeling bill, it passed as a ban on the sale (or free distribution) of mercury thermometers with minor exceptions.

Battery Return / Deposit Recycling Act
This legislation is based on the typical deposit / return system that is working well for recycling beverage containers throughout the country.

OTHER MERCURY REDUCTION LEGISLATION

State Action

There are various bills that have been introduced that address limiting or banning specific products with mercury that are relatively easy to replace with non-mercury alternatives. Some, such as mercury thermometers or fluorescent lamps are often thrown out with household waste, ending up in landfills or incinerated in industrial waste facilities.

Please see SERC’s State Activity page for a summary of mercury related legislation in the states.

Federal Action

HR 1680 was introduced April 8, 2003 by Rep Diane Watson and Rep. Dan Burton. This legislation would prohibit after 2008 the introduction into interstate commerce of mercury intended for use in a dental fillings.
Status: 4/24/2003 Referred to House subcommittee on Health.

S 616, a bill to amend the Solid Waste Disposal Act to reduce the quantity of mercury in the environment by limiting the use of mercury fever thermometers and improving the collection and proper management of mercury, was introduced by Senator Collins and nine co-sponsors on March 13, 2003.
Status: 4/9/2003 the Committee on Environment and Public Works reported favorably.

A similar bill, S 351, passed the Senate and died in a House committee in the previous session.

S 484, a bill to amend the Clean Air Act to establish requirements concerning the operation of fossil fuel-fired electric utility steam generating units, commercial and industrial boiler units, solid waste incineration units, medical waste incinerators, hazardous waste combustors, chlor-alkali plants, and Portland cement plants to reduce emissions of mercury to the environment, was introduced by Senator Patrick Leahy and Senator Snowe on February 27, 2003.
Status: 2/27/2003 Read twice and referred to the Committee on Environment and Public Works.

HR 2266 (Allen) - Would have reduced release of mercury into the environment by providing for the temporary storage of mercury at facilities of the Department of Defense currently used for mercury storage, and required the Environmental Protection Agency to appoint a task force to develop a plan for the safe disposal of mercury.
Status: The bill died in a House subcommittee.

HR 2024 / Public Law No. 104-142, passed in 1996, banned the sale of zinc carbon, mercury-oxide, and alkaline manganese batteries with intentionally introduced mercury. Also banned the sale of Alkaline-Manganese button batteries containing more than 25 milligrams per button battery.

Additional Model Legislation

Aside from the sample legislation available on SERC’s Bill Text page, there are several model bills available.

The Mercury Policy Project also has model Dental Mercury Legislation, which requires dentists to educate their patients about the use of mercury fillings and to responsibly manage the mercury they use.

The Northeast Waste Management Officials’ Association (NEWMOA), a nonprofit, nonpartisan interstate association composed of the hazardous waste, solid waste, waste site clean-up and pollution prevention program directors for the environmental agencies in Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont, has developed Mercury Education and Reduction Model Legislation.

Aspects of Good Mercury Reduction Legislation

The following aspects of good mercury reduction legislation are adapted from a list which can be found on the NEWMOA web site.

Notification

Program: Require manufacturers and wholesalers to inform the state of the mercury-added products they sell and specify the type of product, name and address of manufacturer, amount of mercury in each unit, and total amount of mercury in all of the mercury-added products produced by the manufacturer. Establishes confidential business information procedures.

Rationale: Would inform the states about the universe of mercury-added products to enable the jurisdictions to administer other elements of the model legislation. Data on the total quantity of mercury in all of the products would enable the states to assess some of the impacts of the model programs.

Bans on Certain Mercury-Added Products

Program: Ban the sale of mercury-added toys, games, cards, ornaments, apparel, and novelties in the state. Restrict the sale of mercury fever thermometers allowing consumers to purchase them with a prescription. Require manufacturers of mercury fever thermometers to include instructions on the careful handling, disposal, and clean-up of the thermometers sold through prescriptions. Ban the sale of dairy manometers in the state and authorize the state to establish collection and exchange programs for these products. Prohibit primary or secondary schools from using or purchasing elemental chemical mercury or mercury compounds in the classroom.

Rationale: Would prevent mercury from frivolous uses from entering solid waste. Products, such as toys, games, cards, novelties, ornaments, and apparel, are not durable and quickly end up in the waste stream. The addition of mercury to these products is frivolous and non-essential. Thermometer breakage in homes and schools and mercury spills in classrooms are common. Mercury-added dairy manometers contain a large amount of mercury that can be easily eliminated in the future. There are currently available alternative non-mercury manometers that are in widespread use in the dairy industry.

Phase-out and Exemptions

Program: Phase-out sale of mercury-added products. Exemptions would be allowed for products that meet one or more of the following criteria:

• mercury required to meet federal or state health and safety rules;
• is beneficial to the environment or protective of public health and safety;
• are no feasible alternatives to use of mercury in the product; or
• is no comparable non-mercury-added product available at reasonable cost.

Applications for exemptions would have to justify their exemption request and include a plan to collect and manage used mercury-added products through manufacturer take-back or by funding other private or public collection programs.

Rationale: Would substantially move toward virtual elimination of mercury from products where this is feasible. Would establish a collection system for those products that receive an exemption so that these materials do not end up in solid waste management facilities. Would have regional coordination among states on exemption requests.

Labeling

Program: Require mercury-added products, components, and packaging to have a label. At a minimum, labels would inform the purchaser that the product contains mercury and requires proper management practices; be clearly visible; and be sufficiently durable to remain legible. Manufacturers or their representatives would be responsible for affixing the labels. Would allow for applications for alternative labeling or notification systems that meet certain specifications. Administrative procedures that specifically define the label’s content and location and establish a waiver or alternative labeling / notification requirements would be adopted. Thermometers and button batteries would be exempt from product labeling. Appliances would be exempt from packaging labeling. Special provisions would be required for the labeling of cars. Cosmetics and pharmaceuticals would be exempt from these provisions.

Rationale: Would inform purchasers that the product contains mercury and how to properly dispose of the product at the end of its life. Labeling needs to be uniform among jurisdictions to make it reasonable for manufacturers to implement. For technical reasons all products may not be able to have the same label. Labeling may need to vary with the different types of products.

Disposal Ban

Program: Prohibit mercury-added products from disposal in a solid waste management or wastewater treatment facilities, unless allowed under a permit or license. Such products can only be accepted at state-permitted or otherwise approved household hazardous waste facilities, recycling, or permitted hazardous waste facilities. Would require separation of mercury components by scrap metal processing facilities. Also, identifies the obligations of the owners and operators of solid waste facilities under the ban. Products intended to be consumed in use, such as cosmetics and pharmaceuticals, would be exempted.

Rationale: Would reduce the amount of mercury allowed to enter waste combustors, wastewater treatment, and solid waste management facilities. In the Northeastern US one of the largest sources of mercury emissions is waste combustors. There is also at least one study underway that suggests that transfer stations and waste handling practices may also be important local sources of mercury emissions.

Collection

Program: Require that manufacturers develop a plan and ensure the implementation of a system for the collection of mercury-added products through whatever mechanisms they choose. Manufacturers would submit a collection plan to the state that covers the jurisdiction. Legislation designates key elements of the plan. Also requires manufacturers to periodically report on the success of the collection system.

Rationale: Would establish an acceptable alternative recycling / disposal infrastructure, which is necessary for successful implementation of the disposal ban. States do not have the financial resources or knowledge to carry out the necessary collection programs; manufacturers are much better suited to efficiently implement collection programs.

Control on the Sale of Elemental Mercury

Program: Limit the sale of elemental mercury except for medical, dental amalgam, research, or manufacturing purposes and require provision of safety information, including a Material Safety Data Sheet.

Rationale: Would limit the availability of elemental mercury. Elemental mercury is readily available to the public and is sometimes used in rituals with young children and babies, who are especially susceptible to mercury poisoning.

Public Education and Outreach

Program: Implement educational and outreach programs to support the implementation of the program elements outlined above. Establish an awards programs. Require state to develop best management practices guidance for dental offices and laboratories to assist them with compliance with the disposal ban.

Rationale: Would establish education and outreach programs that are critical to the success of the other programs elements outlined above.

Universal Waste Rule

Program: Require state to adopt Universal Waste Rules for largest feasible number of mercury-added products and elemental mercury that is not contained in a product. Promote regional cooperation in development and implementation of these rules.

Rationale: Would create the regulatory framework for the collection of mercury-added products and elemental mercury.

State Procurement

Program: Implement a state procurement initiative that would allow for state contracts for goods and services to explicitly include a preference for low or non-mercury-added products that have comparable performance to mercury-added products. The preference shall apply to all state purchases, as well as any purchases made by others with state funds. Energy efficient lamps would have preference over less efficient lighting and preference would be given to the lights that contain the lowest total mercury per lumen hour content available. The spent bulbs would be collected to the extent economically feasible. State contracts for dental services for state employees would provide equal coverage for non-mercury and mercury amalgam fillings at no additional expense to the employee.

Rationale: Would create a financial incentive for companies to produce low or non-mercury- added products. States are important consumers of goods and services. Through these procurement programs, firms that have developed low or non-mercury products can be rewarded through the marketplace for making the necessary investments in those alternatives.