2. Hazardous waste information and information on mercury-added products. Information relating to hazardous waste submitted to the department under this subchapter or information relating to mercury-added products submitted to the department under chapter 16-B may be designated by the person submitting it as being only for the confidential use of the department, its agents and employees, the Department of Agriculture, Food and Rural Resources and the Department of Human Services and their agents and employees, other agencies of State Government, as authorized by the Governor, employees of the United States Environmental Protection Agency and the Attorney General and employees of the municipality in which the hazardous waste is located. The designation must be clearly indicated on each page or other portion of information. The commissioner shall establish procedures to insure that information so designated is segregated from public records of the department. The department's public records must include the indication that information so designated has been submitted to the department, giving the name of the person submitting the information and the general nature of the information. Upon a request for information, the scope of which includes information so designated, the commissioner shall notify the submittor. Within 15 days after receipt of the notice, the submittor shall demonstrate to the satisfaction of the department that the designated information should not be disclosed because the information is a trade secret, production, commercial or financial information, the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available. Unless such a demonstration is made, the information must be disclosed and becomes a public record. The department may grant or deny disclosure for the whole or any part of the designated information requested and within 15 days shall give written notice of the decision to the submittor and the person requesting the designated information. Notwithstanding section 344, subsection 4, a A person aggrieved by a decision of the department may appeal only to the Superior Court in accordance with the provisions of section 346. All information provided by the department to the municipality under this subsection must be confidential and not a public record under Title 1, chapter 13. In the event a request for such information is submitted to the municipality, the municipality shall submit that request to the commissioner to be processed by the department as provided in this subsection.

1. Prior written notice required. Effective January 1, 2002, a product to which mercury is intentionally added during formulation or manufacture, or a product containing one or more components to which mercury is intentionally added during formulation or manufacture, may not be offered for final sale or use or distributed for promotional purposes in the State unless the manufacturer of the product or product component or a trade association representing manufacturers of the product or component has provided written notice to the department in accordance with this section. The notice must include the following information on a form provided by the department or the clearinghouse under section 1671:

2. Exemption. A mercury-added product or product component for which federal law governs notice in a manner that preempts state authority is exempt from the requirements of this section.

3. Product category information. With the approval of the department, the manufacturer may supply the information required in subsection 1 for a product category rather than an individual product. The manufacturer shall update and revise the information in the notification whenever there is significant change in the information or when requested by the department.

4. Confidentiality. Information submitted to the department pursuant to this section may be kept confidential as provided under sections 1310-B and 1671.

Effective January 1, 2002, the manufacturer of a formulated product that contains mercury or a mercury compound from any source or cause, whether intended or unintended, and that is offered for sale or use to a hospital in the State must provide, upon request of the hospital, a certificate of analysis documenting the mercury content of the product unless the concentration is less than 200 parts per 1,000,000,000,000. The hospital shall provide a copy of the certificate to the department upon request. For the purpose of this section, a "formulated product" means a consistent mixture of chemicals, including, but not limited to, acids, alkalis, laboratory chemicals, bleach and other products used for cleaning or disinfection, pharmaceuticals, stains, reagents, preservatives, fixatives, buffers and dyes.

The certificate of analysis must report the mercury content of the product based on analysis of each batch or lot of the product, and the batch or lot number of the product must be identified clearly on the product and on the certificate of analysis. In lieu of reporting mercury content by batch or lot analysis, the manufacturer of the product may provide a certificate of analysis on representative samples of the product as determined in consultation with the hospital.

1. Fever thermometers. Effective January 1, 2002, a person may not sell or supply a mercury fever thermometer to consumers and patients, except by prescription. With each mercury fever thermometer sold by prescription, the manufacturer shall supply clear instructions on the careful handling of the thermometer to avoid breakage and on proper cleanup should breakage occur. For

2. Manometers. Effective January 1, 2002, a mercury-containing manometer of the type used in milking machines on dairy farms may not be sold or offered for sale, or distributed for promotional purposes in the State. Manufacturers of such manometers shall notify wholesalers and retailers about this ban and shall instruct them on how to properly dispose of the remaining inventory. The department, in consultation with the Department of Agriculture, Food and Rural Resources, shall conduct a program to collect and replace mercury-containing manometers already in use on dairy farms in the State.

3. Schools. Effective January 1, 2002, bulk elemental or chemical mercury or mercury compounds may not be sold for use in a primary or secondary classroom in the State. Manufacturers of such materials shall notify wholesalers and retailers about this ban and shall instruct them on how to properly dispose of the remaining inventory. Mercury-added products used by schools are not subject to this ban.

4. Elemental mercury. Effective January 1, 2002, no person may sell or provide elemental mercury to another person in the State without providing a material safety data sheet, as defined in 42 United States Code, Section 11049, and without requiring the purchaser or recipient to sign a statement that the purchaser:

By January 1, 2001, automobile manufacturers that sell automobiles at retail in this State or to a retailer in this State shall submit proposed alternative compliance plans to the department. By January 1, 2002, the department shall submit to the joint standing committee of the Legislature having

jurisdiction over natural resources matters a plan for the labeling and source separation of automobile component parts to meet the requirements in sections 1662 and 1664. The plan also must include recommendations as to whether and how manufacturers should be required to reduce or phase out the use of mercury in the production of automobiles. The department shall develop the plan in consultation with automobile manufacturers, automobile dismantlers, automobile recyclers and other interested parties. The plan may provide for alternative compliance plans for labeling and must provide for the safe removal and management of mercury-added parts prior to the shredding of vehicles. The department shall also develop, in consultation with the interested parties, an assessment of whether and how mercury switches or other electrical devices in automobile components should be added to the universal waste rules adopted by the board and submit the assessment with the plan.

The department may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this chapter and to help coordinate reviews of the manufacturer notifications under section 1661-B, applications for alternative labeling under section 1662, education and outreach activities and any other activities related to the administration of this chapter. Notwithstanding section 1310-B, subsection 2, the department may provide the interstate clearinghouse with product information submitted to the department under section 1661-A and the department and the interstate clearinghouse may compile or publish analyses or summaries of such information provided the analyses or summaries do not identify any manufacturer or reveal any confidential information.

The purpose of this bill is to reduce the release of mercury into the environment from consumer products, and thereby advance

the goals of the Mercury Action Plan adopted in 1998 by the Conference of New England Governors and Eastern Canadian Premiers. That plan, among other things, calls for the virtual elimination of mercury emissions from consumer products and other anthropogenic sources.

The bill accomplishes the following:

1. It requires manufacturers to notify the Department of Environmental Protection if they intend to distribute a mercury-added product in Maine;

2. It requires product manufacturers to provide information on mercury content to hospitals upon request;

3. It restricts the sale and distribution of certain mercury-added products, including fever thermometers and manometers used to measure vacuum in milking machines;

4. It restricts the sale and use of mercury and bans the use of mercury and mercury compounds in schools;

5. It requires the Mercury Products Advisory Committee, as established under Public Law 1999, chapter 779, to report on whether and how manufacturers should be required to phase out the use of mercury in products;

6. It requires the Department of Environmental Protection, in consultation with automobile manufacturers, dismantlers, recyclers and other interested parties, to report on whether and how automobile manufacturers should be required to phase out the use of mercury-added components;

7. It authorizes the Department of Environmental Protection to participate in a regional clearinghouse to coordinate the regulatory actions regarding mercury-added products; and

8. It repeals a section of a resolve requiring the Land and Water Resources Council to report annually on recommended mercury-reduction initiatives.