Mercury-Added Thermostat Legislation
***DISCLAIMER: Informational Only and Should Not Be Considered a Substitute for Specific Legal Advice***
Eighteen states regulate the sale and/or disposal of mercury-added thermostats. Beginning in 2006, certain states also began requiring thermostat manufacturers to implement and pay for collection programs as well as for HVAC wholesale distributors to act as collection points for waste mercury-added thermostats.
The following chart shows the states with laws regulating the sale and/or disposal of mercury-added thermostats.
HVAC Wholesale Distributors’ Legal Obligations
All states require the handling of waste mercury-added thermostats in accordance with state and federal regulations. Waste mercury-added thermostats are regulated as “universal wastes” in order to streamline their collection and transport. Federal universal waste regulations are set forth in 40 CFR Part 273. States may modify federal regulations and add additional or more restrictive requirements. HVAC wholesale distributors should review the regulations set forth in the states where they have facilities.
Nine states require all HVAC wholesale distributors with facilities within their boundaries to act as collection points for waste mercury-added thermostats. The definition of a “HVAC wholesaler” is generally defined as a person who is engaged in the wholesale distribution of heating, ventilation, and air-conditioning components. No state narrows the requirement based on the percentage of a distributor’s business that is HVAC.
Additionally, these nine states require HVAC wholesale distributors to promote, in some form, the collection of waste mercury-added thermostats. The specific requirements vary by state, but most commonly, wholesale distributors must display signage at their facilities.
Pathways to Compliance
In all states with mandatory collection programs, thermostat manufacturers (generally defined as the brand owner of a mercury-added thermostat sold in the state) may either individually or collectively implement a program(s). Manufacturers must assume all costs, beyond a reasonable one-time fee, to transport and recycle waste mercury-added thermostats. Additionally, manufacturers must promote the program(s), including developing collateral for use by collection sites.
Thirty-one manufacturers support the Thermostat Recycling Corporation (TRC), a non-profit organization that facilitates and promotes the collection, transport and promotion of waste mercury added-thermostats. For a one-time fee of $25.00 (per collection container), TRC provides a recycling container, all materials needed to store and ship waste mercury thermostats, and promotional materials to any HVAC wholesale distributor upon request.
While wholesale distributors can make independent arrangements to transport and properly dispose of mercury-added thermostats, TRC is the least-cost and simplest means for a wholesale distributor to meet its legal obligations.
| State | Sales Ban | Installation Ban | Disposal Ban | Mandatory Wholesale Distributor Collection | Mandatory Manufacturer Funded Collection and Recycle | Mandatory Contractor Recycling | Mandatory Web and Catalog Sales Take-back |
|---|---|---|---|---|---|---|---|
| California | ♦ | ♦ | ♦ | ♦ | ♦ | ♦ | ♦ |
| Connecticut | ♦ | 1-Jul-14 | 1-Jul-14 | 1-Apr-13 | 1-Jul-14 | ||
| Iowa | ♦ | ♦ | ♦ | ♦ | ♦ | ♦ | |
| Illinois | ♦ | ♦ | ♦ | ♦ | ♦ | ♦ | |
| Maine | ♦ | ♦ | ♦ | ♦ | ♦ | ||
| Maryland | ♦ | ||||||
| Massachusetts | Conditional 1 | ♦ | |||||
| Michigan | ♦ | ||||||
| Minnesota | ♦ | ♦ | ♦ | ||||
| Montana | ♦ | ♦ | ♦ | ♦ | ♦ | ||
| New York | ♦ | ♦ | |||||
| New Hampshire | ♦ | ♦ | ♦ | ♦ | ♦ | ♦ | |
| Ohio | ♦ | ||||||
| Oregon | ♦ | ♦ | ♦ | ♦ | |||
| Rhode Island | ♦ | ♦ | ♦ | ♦ | ♦ | ||
| Pennsylvania | ♦ | ♦ | ♦ | ♦ | Conditional 2 | ||
| Vermont | ♦ | ♦ | ♦ | ♦ | ♦ | ||
| Washington | Conditional 3 | ||||||
1. Manufacturers many continue to sell mercury-added thermostats if they provide to collect and recycle waste mercury thermostats.
2. Contractors and retailers are required to either participate as collection points -OR- provide notice to customers that recycling of mercury thermostats is required under law and identify locations of nearby collection points.
3. Manufacturers may continue to sell mercury-added thermostats if they provide to collect and recycle waste mercury thermostats.
2. Contractors and retailers are required to either participate as collection points -OR- provide notice to customers that recycling of mercury thermostats is required under law and identify locations of nearby collection points.
3. Manufacturers may continue to sell mercury-added thermostats if they provide to collect and recycle waste mercury thermostats.
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