An Act Regarding the Disposition of Mercury-added Lamps
Maine Legislature, Session 125, LD 0512
Committee: Environment and Natural Resources
Sponsors: SAVIELLO, McCORMICK
Amends: 38 MRSA §1672

Legislative Document 
No. 512 
S.P. 145 
In Senate, February 15, 2011 
An Act Regarding the Disposition of Mercury-added Lamps 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Senator McCORMICK of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1672, sub-§4, ¶A, as enacted by PL 2009, c. 272, §1, is 
amended to read: 
A.  The recycling program required under this subsection must include: 
(1)  Convenient collection locations located throughout the State where residents 
can drop off their household lamps without cost, including but not limited to 
municipal collection sites and participating retail establishments; 
(2)  Handling and recycling equipment and practices in compliance with the 
universal waste rules adopted pursuant to section 1319-O, subsection 1, 
paragraph F, with subsection 6 if a crushing device is used and with all other 
applicable requirements; 
(3)  Effective education and outreach, including, but not limited to, point-of-
purchase signs and other materials provided to retail establishments without cost; 
and 
(4)  An annual report to the department on the number of mercury-added lamps 
recycled under the manufacturer's program, the estimated percentage of mercury-
added lamps available for recycling that were recycled under the program and the 
methodology for estimating the number of mercury-added lamps available for 
recycling, an evaluation of the effectiveness of the recycling program, 
recommendations for increasing the number of lamps recycled under the 
recycling program and an accounting of the costs associated with administering 
and implementing the recycling program. 
Sec. 2.  38 MRSA §1672, sub-§6 is enacted to read: 
6.  Lamp crushing.  A recycling program required under subsection 4 may include 
the use of crushing devices in accordance with the provisions of this subsection. 
A.  The owner of the crushing device shall: 
(1)  Register the device with the department.  The registration must include: 
(a)  The owner's name and contact information; 
(b)  The brand of device used; 
(c)  Anticipated usage of the device; and 
(d)  A statement that the operating manual required pursuant to subparagraph 
(2) is in place; 
(2)  Develop an operating manual specifying how to safely crush mercury-added 
lamps.  The operating manual must be available to all operators of the device and 
must include: 
(a)  Procedures for operation and maintenance of the device in accordance 
with written procedures developed by the manufacturer of the device; 
(b)  Testing and monitoring procedures; 
(c)  Information concerning mercury hazards, crushing procedures, waste 
handling and emergency procedures; 
(d)  An assessment of whether surrounding areas will be negatively affected, 
either by physical proximity or air exchange with a heating, ventilation and 
air conditioning system; and 
(e)  Proper waste management practices; 
(3)  Document maintenance activities, retain maintenance logs, test data from the 
manufacturer and any additional test data acquired and make available a copy of 
these records to the department at its request; 
(4)  Meet all federal Occupational Safety and Health Administration 
requirements; 
(5)  Dispose of all material crushed in the device; and 
(6)  Maintain on file an annual report for review by the department, at the 
discretion of the department, indicating the: 
(a)  Total volume of mercury-added lamps crushed; 
(b)  Volume and disposition of any carbon or other filter from the device; and 
(c)  Names of the destination facilities to which all crushed material was 
shipped. 
SUMMARY 
This bill authorizes the use of crushing devices in a mercury-added lamp recycling 
program.  Under the bill, the owner of the crushing device must register with the 
Department of Environmental Protection, develop an operating manual for safely 
crushing mercury-added lamps, document maintenance activities, meet federal 
Occupational Safety and Health Administration requirements, dispose of all material 
crushed in the device and maintain an annual report for review by the Department of 
Environmental Protection, at the discretion of the department.