MassDEP Proposes Regulations Implementing the Mercury Management Act

Beveridge & Diamond, P.C., April 2007

MassDEP has proposed its first phase of regulations responding to mandates in the Mercury Management Act (Ch. 190 of the Acts of 2006) to develop programs that accomplish a mercury product take back requirement for manufacturers of mercury containing products, and a phase out of the sale of certain mercury containing products.

In the first phase of the regulations, MassDEP is proposing with respect to autos to:

(i) require auto recyclers (i.e., scrap yards) to remove  mercury-added components prior to crushing a vehicle and certify in writing to the purchaser of the scrap metal that these components have been removed;

(ii) prohibit dealers in autos manufactured after January 1, 2007 from selling any vehicle containing mercury-added vehicle switches, or from selling any mercury-added vehicle switch for installation; and

(iii) require auto manufacturers to file and implement plans for removal and recycling of mercury- added switches from end-of-life vehicles.

Mass DEP is also proposing with respect to mercury-added products (other than certain excluded items such as refurbished medical equipment, button cell batteries, and cosmetics) to require manufacturers to develop and implement plans for collection and recycling of these products at the end of their useful lives. Special provisions are proposed for mercury-added lamps.

Under a recent change to the comment schedule, MassDEP will hold hearings on this proposal from April 30 - May 3, 2007, and will accept written comments until May 14, 2007. 

For more information, please contact Stephen Richmond at srichmond@bdlaw.com, or Jeanine Grachuk at jgrachuk@bdlaw.com.