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Calif. Businesses Must Collect Mercury Thermostats, U.S. Bans Mercury Exports

Heating, ventilating and air conditioning wholesalers in California must collect mercury-containing thermostats under a new state law; President Bush recently signed a law banning the export of mercury from the United States.

This month President George W. Bush signed legislation banning the export of mercury out of the United States as more states enact legislation to either ban the use of mercury in thermostats or require proper collection and disposal of such devices.

The federal legislation, also called the Mercury Export Ban Act of 2008, was voted in with little opposition and bans the export of mercury starting in 2013, prohibits federal agencies from transferring any mercury under their control to other government or private entities, and requires the Department of Energy to develop and manage a long-term mercury storage facility.

Fifteen states have already banned the disposal of mercury thermostats in the garbage and/or require thermostats to be collected and recycled, according to the Thermostat Recycling Corporation (TRC), an industry-founded and -funded not-for-profit that facilitates thermostat collection and recycling. The states are: California, Connecticut, Florida, Illinois, Iowa, Louisiana, Maine, Massachusetts, Minnesota, New Hampshire, New York, Oregon, Pennsylvania, Rhode Island and Vermont.

Pennsylvania is the latest addition, having recently passed a law (HB 44) that prevents, within a year, anyone from selling, offering for sale or installing mercury thermostats. It also bans the disposal of mercury thermostats in the trash and makes thermostat manufacturers responsible for creating a collection system.

Legislation in California that takes effect next July creates a similar situation. The state already has bans against selling mercury thermostats and tossing them in the trash. The Mercury Thermostat Collection Act of 2008 (AB 2347) requires thermostat producers to fund and manage a collection system for thermostats, and also requires heating, ventilating and air conditioning (HVAC) wholesalers to collect thermostats from the public.

Although the legislation leaves it up to companies to decide what route to take to properly dispose of thermostats, the TRC has a well-established system already in place. The TRC has collected mercury thermostats since 1998. In its first year the TRC collected 15,270 thermostats. In 2006 it brought in more than 113,000 thermostats accounting for 1,080 pounds of mercury. When the TRC receives thermostats, it removes the mercury-containing component and sends it to a third party recycler that purifies the mercury for reuse.

The TRC, which works with 1,400 HVAC wholesalers and 225 HVAC contractors, provides participating collectors with a collection bin for a one-time fee of $25, and the TRC pays for all shipping and recycling costs. The TRC is funded by thermostat manufacturers.

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