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Bills Passed to Reduce Mercury & Toxics Governor Romney Signs Bills Targeting Mercury Products, Toxics Use Reduction Act Improvements
 Two key environmental bills were passed and signed into law by Governor Mitt Romney at the close of the legislative session in July. Passage of both of these legislative items - the Mercury Management Bill, and revisions to the 1989 Toxics Use Reduction Act - have been on Beacon Hill's docket for several years. Both will significantly reduce mercury and other toxics through source reduction and waste prevention.
Mercury Pollution Continues its Decline
Mercury pollution is a concern because it tends to accumulate in fish tissue over many years and poses a health risk if consumed, especially by pregnant women, nursing mothers, or children under 12. Many species of fish from across the state are unsafe to eat because of mercury. High mercury levels in yellow perch and large-mouth bass were found to be especially prevalent in northeastern Massachusetts, where the greatest concentration of municipal waste combustors (waste-to-energy plants) is located.
Through a comprehensive strategy, air emissions of mercury in the Bay State have declined over the last eight years by nearly 70 percent. MassDEP pollution control regulations, which took effect in 2000, reduced mercury emissions from the state's municipal waste combustors by more than 85 percent. Yet, despite this huge improvement, incinerators remain the Bay State's largest source of mercury emissions. The mercury comes from dozens of consumer and commercial products that contain mercury and then are incinerated, releasing the mercury in the emissions.
The new Mercury Management Act - which had the strong backing of Senators Pamela Resor, Susan Tucker and Stanley Rosenberg, and Representatives Frank Smizik and Doug Petersen - will further reduce mercury pollution from municipal waste combustors and breakage. It targets 90 percent of automobile switches containing mercury and 70 percent of mercury-containing lighting (which include energy-efficient fluorescent lamps that MassDEP continues to urge consumers to use to save energy) to be collected and recycled. The law phases in these requirements over several years, with flexible implementation options for the affected industries.
First, beginning this month, all public schools in Massachusetts will adopt a ban on the purchase of mercury-containing products. Also, starting in October 2006, all manufacturers that sell or distribute a product that contains "intentionally-added" mercury will need to notify MassDEP (notification will be handled through an interstate clearinghouse that has, over the last three years, been accepting mercury product notifications for several other states).
In May 2008 and 2009, certain mercury-containing products in Massachusetts - such as thermostats, specific medical and measuring instruments, and switches and relays - will be removed entirely from the marketplace whenever viable non-mercury options exist. MassDEP has already begun outreach and other educational efforts with the affected sectors of the economy.
Other elements of the bill require manufacturers to label mercury-added products and to provide consumers with recycling information; and support end-of-life recycling. MassDEP and the Executive Office of Environmental Affairs worked collaboratively with businesses, environmental groups, and legislators to make this legislation strong, yet workable.
Toxics Use Reduction Bill Builds on Past Success
The original Toxics Use Reduction Act (TURA) was signed into law in 1989, and has exceeded its goal of 50 percent reduction of toxic byproducts, in fact achieving 65 percent reduction. The "new" TURA will build on past successes while adapting to a changing world. Among the new requirements:
- It acknowledges that there are some highly hazardous chemicals for which the reporting threshold should be lowered from 25,000 pounds to 1,000 pounds.
- It sets higher fees for higher-hazard toxics compared to fees for lower-hazard toxics.
- It allows facilities that have completed several rounds of toxics use reduction planning to develop alternative resource conservation plans (addressing water, energy, or materials) or to implement an environmental management system.
MassDEP collaborated with members of the legislature (particularly Sen. Resor and Reps. Smizik, Petersen, Bill Greene and James Marzilli), business leaders and environmental advocates on these changes to TURA and will continue to work with our TURA sister agencies - the Toxics Use Reduction Institute and the Office of Technical Assistance - to implement the changes.
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