Establishes special provisions for recycling of ionization smoke detectors and requires manufacturers to create a waste acceptance program for ionization smoke detectors

Summary of provisions

The bill would require, beginning July 1, 2014, that manufacturers of ionization smoke detectors shall not sell, or offer for sale, any such product in New York unless the manufacturer has registered with the Department of Environmental Conservation (DEC) and maintains a waste acceptance program for the collection, handling and recycling or reuse of such detectors.

Manufacturers would be required to register with the DEC and pay a registration fee of one thousand dollars to be deposited into the environmental protection fund. The waste acceptance program for ionization smoke detectors would at a minimum include (a) a mail or ship back return program; (b) a public education program to inform consumers about the waste acceptance program, including but not limited to an Internet website and a toll-free telephone number, along with written information included in the product manual that informs the consumer of the environmental benefits of recycling radioactive material, batteries and other components of the detector and how to return or otherwise arrange for recycling of the detector, including instructions on safe handling and preparation of the detector for recycling; and (c) any additional provisions determined by DEC to contribute to ensuring convenient collection from consumers and effectiveness of the waste acceptance program. Nothing in this legislation would preclude the operation, with the approval of the department, of cooperative or collective waste acceptance programs by more than one manufacturer. Manufacturers would be responsible for all costs associated with the implementation of the waste acceptance program. The manufacturer shall not charge consumers for the collection, handling and recycling of used or unwanted ionization smoke detectors.

Justification

There are two types of smoke detectors: ionization detectors and photoelectric detectors. Ionization detectors contain a source of ionizing radiation which is a minute quantity (approximately 1/5000th of a gram) of americium-241, an alpha particle and gamma emitter with a half-life of 432.7 years. Americium is a man-made metal produced when plutonium atoms absorb neutrons in nuclear reactors. The largest and widespread use of americium-241 is as a component in household and industrial smoke detectors.

If americium-241 enters the human body, it tends to concentrate in the bone, liver and muscle and can remain in the body for decades, continuing to expose the surrounding tissues to radiation. Americium-241 poses a significant risk if ingested, exposing tissue to both alpha and gamma radiation, thereby increasing the risk of developing cancer. The Nuclear Regulatory Commission regulates the radioactive materials in smoke detectors. Because the amount of

americium in these particular devices is so small, current NRC regulations exempt individuals who purchase smoke detectors from licensing requirements, including those related to disposal of radioactive materials. As a result, the public can dispose of their household smoke detectors as ordinary trash. However, this raises concerns about the cumulative impact of the concentration of smoke detectors, from numerous households, that are being disposed of as solid waste in landfills over the lifetime of such landfills, as well as exposure of workers and the public who may come into contact with americium-241.

In order to address health concerns about exposure, this bill would require manufacturers of smoke detectors containing the radioisotope americium-241, who sell these products into New York State, to take back used detectors for recycling or proper disposal.

Fiscal implications

The Department of Environmental Conservation will incur some minor expenses in processing and maintaining the registration of a small number of manufacturers of this type of product. The bill establishes a registration fee to help offset these costs.

Effective date

Immediately