Phase-out Requirements for Mercury-added Products

Sections 22a-617 and 22a-618 of the Connecticut General Statutes (CGS)

What is the purpose of phasing out mercury-added products?
The purpose of phasing out mercury-added products is to eliminate non-essential uses of mercury in consumer, household and commercial products thereby reducing the amount of mercury introduced into the environment.

Who is responsible for complying with the phase-out?
No person can offer for sale, or distribute for promotional purposes, any product with mercury concentrations above the established limits, listed below, unless a modified or conditional exemption is granted by the Department of Energy and Environmental Protection (DEEP).

What are the limits of mercury content allowed in specific mercury-added product?The following table illustrates the types of mercury-added product and their established limits of mercury content allowed.

How is the mercury content measured if a product contains one or more mercury-added products?The mercury content limits apply to each mercury-added component part or parts and not the entire product.

What mercury-added products, if any, are exempt from the mercury content limits?Refer to the Exemptions from Notification, Mercury Content Limits, Labeling, and Collection System Plan Requirements fact sheet for a list of mercury-added products which are exempt from the mercury contents limits.

What if a manufacturer cannot meet the mercury content limits for their products?
Under limited circumstances, a manufacturer may apply to DEEP and the Interstate Mercury Education Reduction Clearinghouse (IMERC) for a modified or conditional exemption from the limits on total mercury content for their product or product category for a period up to four years.

When must a manufacturer apply for an exemption?
A manufacturer who is seeking an exemption from the limits on total mercury product must apply one year before the effective date for which they are seeking an exemption. In the event of a new product, a manufacturer must apply prior to offering the product for sale or distributing for promotional purposes.

Note: For a renewal of an exemption, the manufacturer must provide, as part of the exemption submittal, documentation that demonstrates reasonable efforts were made to remove mercury from the product.

Where must an exemption be submitted?
The Application for Exemption to Mercury-Added Product Phase-out forms are available on the IMERC website. Only original documentation will be accepted; copies, faxes or electronic submissions will not be accepted. All information must be either typed or printed using black ink.  The phase-out exemption form must be submitted to both:

Department of Energy and Environmental Protection
Mercury Program/Tom Metzner
79 Elm Street, 4^th Floor
Hartford, CT 06106-5127

and

Northeast Waste Management Officials' Association
IMERC
129 Portland Street, Suite 602
Boston, MA 02114-2014

What is the process for reviewing an exemption request?DEEP will consult with IMERC when considering phase-out exemption requests. If the manufacturer can demonstrate to the satisfaction of DEEP that the exemption request meets the criteria, as indicated in CGS Section 22a-618(e), then the request will be granted.

Under what conditions is an exemption from the limits on total mercury content granted?
When determining whether to grant a modified or conditional exemption, the commissioner shall consider:

• whether a system exists for the proper collection, transportation and processing of the mercury-added product, and
• whether each of the following criteria is met:
  • the use of the product is beneficial to the environment and protective of public health or protective of public safety;
  • there is no technically feasible alternative to the use of mercury in the product;
  • there is no comparable product, other than a mercury-added product, available at a reasonable cost; and
  • with respect to a renewal of an exemption, reasonable efforts have been made to remove mercury from the product.

Have any exemption applications for phase-out of specific mercury-containing products been submitted to the DEEP?
Yes. Contact the Mercury Program for further information.

Can a manufacturer request confidentiality of information being submitted?
A manufacturer may request confidentiality of certain information being submitted, however, if the information is required by statute, it cannot be considered confidential.

Contact Information and Assistance

Related Fact Sheets
Mercury Definitions
Exemptions from Notification, Mercury Content Limits, Labeling, and Collection System Plan Requirements

All environmental fact sheets are designed to provide basic information and to answer general questions. You must refer to the appropriate Connecticut General Statutes for the specific definitions and statutory requirements. 

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Last Updated on December 18, 2006