06- 096 C.M.R. ch. 872, § 6

Current through 2024-51, December 18, 2024

Section 096-872-6 - Collection of exempted products

Except in the case of an advanced technology product, the commissioner may not grant an exemption unless the applicant also demonstrates that a system exists for the proper collection, transportation and processing of the mercury-added product at the end of its life, i.e., when the user is done with it. This section describes the scope of the commissioner's review in determining whether an applicant has satisfied this additional prerequisite for exemption and lists the submissions required of applicants.

A.Scope of review. In determining whether a system exists for the proper collection, transportation and processing of the device at the end of its life, the commissioner shall consider:

(1) The convenience of the system to users of the device;

(2) The manner in which the system is financed;

(3) The effectiveness of the system in capturing the targeted devices; and

(4) Any other information bearing on the steps that have been or will be taken to ensure that the mercury in the device is properly handled when the device is taken out service.

B.Submissions. An applicant seeking exemption for the reasons stated in subsections 4(A). 4(B) and 4(C) must submit information affirmatively demonstrating that a system exists to properly handle the mercury-added product at its end of life. The submissions must include:

(1) A description of the system, including who operates it, how it is funded and the amount of any user fee if applicable;

(2) The steps that that will be taken to make users of the mercury-added product aware of the collection system and how to use it;

(3) The number of product units captured by the system if it currently is in operation;

(4) The estimated number of product units expected to be available for collection each year if the exemption is granted and the estimated number of these reasonably expected to be captured by the collection system; and

(5) A description of how the applicant plans to monitor whether the expected capture rate is being achieved and the steps that will be taken to improve the collection system if the expected capture rate is not achieved.

06- 096 C.M.R. ch. 872, § 6