Enacts "The Mercury-Free Water Resources and Mercury Reduction Management Strategy Act "; repealer

Summary of specific provisions

The bill includes provisions for the following:

* Requires manufacturers of mercury-added products to disclose to the commissioner of environmental conservation the amount of mercury contained in such products.

* Creates a mercury added product phase out program allowing certain products to be granted a phase-out exemption by the commissioner. The phase-out exemption shall include a public comment period for concerned citizens.

* Prohibits any mercury-added product to be disposed of in solid waste, radioactive waste, medical waste or wastewater.

* Requires labels on any mercury-added products informing consumers of the presence and recycling requirements of mercury.

* Requires mercury-added products to be the source separated from the mercury they contain before being placed in any waste disposal area of the state.

* Manufacturers of mercury-added products shall provide a system of collection for such products; and shall inform consumers of (1) the available system for proper collection of such product, (2) that state law prohibits charging a fee for such collection, and (3) that disposal of such product in the solid waste of this state is prohibited.

* Requires a material data safety sheet for the sale of elemental mercury.

* Prohibits the discharge of any elemental mercury in any solid waste of the state, other than trace amounts allowed by the department.

* Requires the use of mercury containment traps for plumbing systems where the department determines there is a need for such traps.

* Those who sell mercury added fluorescent lighting for large-scale use shall notify the purchaser of the recycling requirements of this title.

* Places a ban on mercury thermometers.

* Places a ban on mercury-containing toys or games.

* Phases out the use of mercury-added gas pressure regulators/manometers for those entities that may use such equipment for the purpose of testing pressure, notably natural gas lines.

* This bill also directs the department of agriculture to establish a program to replace existing mercury containing manometers.

* Requires dental offices to submit an annual amalgam mercury report.

* Prohibits use of mercury amalgam fillings in children under 15 and pregnant women.

* Requires informed consent by a person to receive mercury amalgam fillings.

* Prohibits any health insurer to discriminate against coverage of persons choosing to have dental fillings that do not contain mercury.

* Requires a permit by DEC to operate a lamp recycling facility.

* Includes mercury in state universal waste rules.

* Requires state agencies to adopt the US EPA's "Green Lights Program."

* Establishes a State Advisory Committee on mercury pollution that must report annually to the legislature and Governor on matters concerning mercury pollution and cleanup in the state.

* Institutes a program for publicly owned sewage treatment plants to measure levels of mercury and develop a monitoring program for mercury, and to provide information of customer billing statements on mercury discharges and sources.

* Requires DEC to implement a voluntary mercury pollution prevention program to minimize levels of mercury in POTW discharges.

* Directs DEC to develop acceptable limits on the concentration of mercury in sewage sludge and incinerator ash; mercury limits in the discharge of sewage treatment plants and sewage pretreatment standards.

* Prohibits any person to discharge mercury through a publicly owned sewage treatment plant, accept sludge containing mercury, discharge mercury through a publicly owned wastewater treatment plant, or apply mercury containing sludge, in greater amounts as determined by the department.

This bill also incorporates penalties for those violating provisions of the bill in the form of civil penalties by adding a new section 71-2728 to the ECL.

Justification

Mercury is a known neurotoxin that is linked to several cognitive and developmental problems in the brain, spinal cord, kidneys, lungs, and liver. There is an especially high risk for damage to fetuses and

young children. In July 2000, the National Academy of Sciences (NAS) released a U.S. Congressionally mandated report entitled

TOXICOLOGICAL EFFECTS OF METHYLMERCURY

The report states "over 60,000 children a year are born each year at risk for adverse neurodevelopmental effects due to in utero exposure to methylmercury."

Mercury has been found in all of the waters of New York State, 28 bodies of which, including all of Lake Champlain have fish consumption advisories because of mercury contamination (NYS DOH 2001). These advisories instruct that due to increased risk of birth defects and serious health problems, no woman of childbearing age, infant, or person under the age of fifteen should eat certain species of fish in these twenty five bodies of water. In addition, 38 bodies of water statewide are listed by the US EPA as containing mercury levels to be dangerous.

Mercury is a tasteless, odorless, invisible (when vaporized) chemical that can enter the body through the lungs, mouth or skin. In addition to humans, wildlife that ingest fish, such as bald eagles and loons, are also highly susceptible to mercury ingestion.

This legislation was adapted from model mercury legislation endorsed by the New England Governor's Conference and has been introduced in Vermont, New Hampshire, Massachusetts, Maine, Rhode Island, Oregon and is being considered by California and Connecticut.

The bill also includes an important provision to phase out the use of mercury-containing gas pressure regulators and manometers commonly used for testing pressure in natural gas lines. There have been several recent incidents where the improper use of these types of equipment has led to large mercury spills in residential homes, including Westchester County. Last year, over 300 homes in Chicago, IL were found to have mercury contamination from wrongful use of this kind of equipment.

Also, the US EPA has cited a number of Publicly Owned Treatment works (POTWs) throughout our state that continually incur violations due to unacceptable amounts of mercury pollutants discharged into our eco-systern. Federal regulations set mercury discharge limits on publicly owned discharge plants, however, they allow a choice of two monitoring methods. This legislation allows a publicly owned sewage treatment plant to monitor the levels of mercury in wastewater that is discharged but specifies, however, that the method which detects with more precision the amount of mercury discharges must be used. This will ensure more accurate information about mercury levels being released into the state's waters.

This comprehensive legislation will ensure the residents of New York a safe and healthy environment while protecting our fragile eco-system.

Prior legislative history

S.5932 (2003-04) A.1560 (2005-06) A.1094 (2007-08)

Fiscal impact on state/local governments

Minimal to the state.

Effective date

January first next succeeding the date on which it shall have become law; provided that the commissioner of environmental conservation is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.