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 were approved by the Office of Administrative law (OAL) on May 15, 2013 (OAL File No.2013-0415-02 S), and have been in effect since July 1, 2013. The regulations 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)
Additional Documents
Attachment to form 399; Economic and Fiscal Impact Analysis
California Waste Tire Market Report: 2010
Attachment A includes the following:
- Tire Diversion and Disposal The Waste Tire Diversion and Disposal Trends in Passenger Tire Equivalents (PTEs) https://www.calrecycle.ca.gov/Tires/Overview.htm#TireDivDis
- Beverage Container Sales, Returns, Redemption, and Recycling Rates https://www.calrecycle.ca.gov/BevContainer/Rates/BiannualRpt/12MonPeriod.htm
- Covered Electronic Waste Recycling Statistics https://www.calrecycle.ca.gov/Electronics/CEW/
Peer Review In accordance with Health and Safety Code section 57004, DTSC has completed external scientific peer reviews from the University of California.
- Request for External Peer Review Proposed Adoption of Survey Approach and Methodology to Estimate Mercury Thermostats Becoming Waste in California (March 14, 2013)
- Letters to Peer Reviewers (March 14, 2013)
- Peer Review Reports: Catherine M. Crespi, Ph.D., University of California, Los Angeles (March 14, 2013) Nicholas P. Jewell, Ph.D., University of California, Berkeley (March 14, 2013)
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