Final Regulations: Mercury Thermostat Collection and Performance Requirements

DTSC Reference Number: R-2010-03
OAL Reference Number: Z-2012-0807-05 (Action # Z-2013-0415-02 S)

OAL Approval Date: 05/15/13
Secretary of State Filing Date: 05/15/13
Effective Date: 07/01/13

 

Mercury Thermostat Collection and Performance Requirement  Regulations effective July1, 2013 (approved by Office of Administrative Law’ on May 15, 2013)

Since January 1, 2006, California law has banned the sale of mercury-added thermostats for most uses. The State’s Mercury Thermostat Collection Act of 2008 requires manufacturers that formerly sold mercury-added thermostats into California to establish a program to collect and recycle them, either individually or collectively. Pursuant to this law, the Department of Toxic Substances Control (DTSC) recently adopted regulations entitled Mercury Thermostat Collection and Performance Requirements. The regulations, which were approved by the Office of Administrative law (OAL) on May 15, 2013 (OAL File No.2013-0415-02 S), have been filed with the Secretary of State and will take effect on July 1, 2013. They establish annual performance goals for the collection of mercury-containing thermostats and a methodology for calculating the number of such thermostats that become waste annually. The regulations also establish identification requirements for persons delivering thermostats to collection centers and annual reporting requirements for thermostat manufacturers.

Past Comment Periods, Peer Review, Studies and Other Documents

15-Day Public Notice

DTSC received comments for this regulation from February 4, 2013 to February 19, 2013. Following are the comments that were received by the close of the comment period: 

Public Comments Received by February 19, 2013 

Comments received during the comment period will be addressed in the Final Statement of Reasons. 

Text of proposed regulations (with changes only)

15-day public notice

Additional Documents

Attachment to form 399; Economic and Fiscal Impact Analysis

California Waste Tire Market Report: 2010

Attachment A includes the following:

Peer Review

In accordance with Health and Safety Code section 57004, DTSC has completed external scientific peer reviews from the University of California.

Responses to the peer review reports are being prepared by DTSC staff.

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45-Day Notice

DTSC received comments for this regulation from August 17, 2012 to October 2, 2012. Following are the comments that were received by the close of the comment period:

Public Comments Received by October 2, 2012 

Comments received during the comment period will be addressed in the Final Statement of Reasons.  

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45-Day Public Notice, August 17, 2012

Initial Statement of Reasons (ISOR)August 17, 2012

Studies Relied Upon in ISOR, October 9, 2012

Text of Proposed Regulations, August 17, 2012

Draft CEQA Notice of Exemption, August 17, 2012