Sec. 22a-618. Exemptions from restrictions on sale or distribution of mercury-added products.
Sec. 22a-618. Exemptions from restrictions on sale or distribution of mercury-added products. (a) The commissioner shall exempt a mercury-added product from
the limits on total mercury content set forth in subsection (a) of section 22a-617 if the
level of mercury or mercury compounds contained in the product are necessary to comply with federal or state health or safety requirements. In order to obtain such exemption,
the manufacturer shall provide the commissioner with, and notify the regional multistate
clearinghouse described in section 22a-614 of, information that demonstrates such necessity.
(b) A manufacturer of a mercury-added product or category of products may apply
to the commissioner and notify the clearinghouse for a modified or conditional exemption from the limits on total mercury content set forth in subsection (a) of section 22a-617 provided such exemption shall be for not more than four years.
(c) The manufacturer shall apply for a modified or conditional exemption (1) not
later than one year before the effective date of the limit for which the exemption is being
requested in the case of an existing product or category of products, or (2) prior to the
sale or distribution in the case of promotional purposes of a new product or category of
products.
(d) An application for a modified or conditional exemption shall (1) document the
basis for the requested exemption or renewal of exemption, and (2) describe how the
manufacturer will ensure that a system exists for the proper collection, transportation
and processing of the product or products at the end of their useful life.
(e) In determining whether to grant a modified or conditional exemption for a product or category of products the commissioner shall consider (1) whether a system exists
for the proper collection, transportation and processing of the mercury-added product,
including, but not limited to, a system for the direct return of a waste product to the
manufacturer or a collection and recycling system that is supported by an industry or
trade group, or other similar private or public sector efforts, and (2) whether each of the
following criteria is met: (A) Use of the product is beneficial to the environment or
protective of public health or protective of public safety; (B) there is no technically
feasible alternative to the use of mercury in the product; (C) there is no comparable
product, other than a mercury-added product, available at reasonable cost; and (D) with
respect to a renewal of an exemption, reasonable efforts have been made to remove
mercury from the product.
(f) Prior to issuing a modified or conditional exemption, the commissioner shall
consult with the clearinghouse, states, Canadian provinces and regional governmental
organizations to promote consistency in the implementation of this section.
(g) The commissioner may renew, for a period of not longer than four years, a
modified or conditional exemption one or more times if (1) the manufacturer applies
for the renewal, and (2) the commissioner finds that the manufacturer meets the requirements for such exemption and that the manufacturer has complied with all the conditions
of the original approval.
(P.A. 02-90, S. 7; P.A. 03-123, S. 17; P.A. 04-109, S. 11.)
History: P.A. 02-90 effective July 1, 2002; P.A. 03-123 made a technical change in Subsec. (a), effective June 26, 2003;
P.A. 04-109 amended Subsec. (a) to make technical changes, effective May 21, 2004.