25214.8.5
. (a) A product containing a mercury switch or a mercury
relay is exempt from subdivision (a) of Section 25214.8.4, if the
manufacturer of the product, or a trade group representing the
manufacture, has obtained an exemption, pursuant to the process
described in subdivision (b), for the product. An exemption granted
under subdivision (b) may apply to all or only to limited uses of the
product. An exemption granted under subdivision (b) also applies to
the sale to the product manufacturer of the mercury switch or relay
to be contained in the product covered by the exemption.
(b) The department shall grant, or renew, an exemption from
subdivision (a) of Section 25214.8.4 for a period of three years only
if all of the following conditions are met:
(1) The manufacturer of the product, or a trade group representing
the manufacturer, submits a request for an initial or renewed
exemption to the department that specifies the use or uses of the
product for which an exemption is requested along with supporting
information that complies with the requirements set forth in
subdivision (c). A manufacturer or trade group may submit a request
only for a product and use for which there is no technical feasible
alternative, available at a reasonable cost, to the use of the
mercury switch or mercury relay in the product for purposes of that
use.
(2) The supporting information submitted by the manufacturer or
trade group demonstrates that the product is eligible for the
exemption.
(3) The manufacturer or trade group requesting the exemption
enters into a cost reimbursement agreement with the department,
pursuant to subdivision (d), and complies with the terms of that
agreement.
(c) The supporting information that a manufacturer or trade group
submits to the department, before the department may grant an
exemption pursuant to subdivision (b), shall include all of the
following:
(1) The name of the manufacturer, or the trade group and the
manufacturers represented by the trade group, requesting the
exemption and the name, position, and contact information for the
person who is the manufacturer's or trade group's contact person on
all matters concerning the exemption.
(2) An identification and description of the product, and the use
or uses of the product, for which the exemption is requested.
(3) An identification and description of the mercury switch or
mercury relay, including identification of the manufacturer of the
switch or relay, and an explanation of the need for, and functioning
of, the mercury switch or mercury relay in the product.
(4) For each use for which an exemption is requested, information
that fully and clearly demonstrates that there is no technically
feasible alternative, available at a reasonable cost, to the use of
the mercury switch or mercury relay in the product for purposes of
that use. This shall include, but is not limited to, a description of
past, current, and planned future efforts to seek or develop those
alternatives, and a description of all alternatives that have been
considered and an explanation of the technical or economic reasons as
to why each alternative is not satisfactory.
(5) Information that fully and clearly demonstrates that the
switch or relay or the product is constructed so as to prevent the
release of mercury to the environment.
(6) A feasible, effective, detailed and complete plan for the
proper collection, transportation, and management of the product at
the end of its useful life, including removal and proper management
of the mercury switch or mercury relay contained in the product, and
information fully and clearly demonstrating that the manufacturer,
individually, or in conjunction with an industry or trade group, is
committed to and capable of implementing the plan. The plan shall
include an education and outreach component to ensure that users of
the product are aware of available collection opportunities and legal
requirements for management of the product once it becomes a waste.
An exemption granted pursuant to subdivision (b) shall become null
and void if the manufacturer, individually, or in conjunction with an
industry or trade group, has not implemented the plan submitted in
support of the exemption request within six months of the effective
date of the exemption.
(7) A copy of all similar exemption requests, including supporting
documentation, submitted by the applicant to another state, and a
copy of that state's response to the exemption request.
(d) A manufacturer or trade group that requests an exemption, or
an exemption renewal, pursuant to subdivision (b) shall enter into a
written agreement with the department pursuant to the procedures set
fourth in Article 9.2 (commencing with Section 25206.1), for
reimbursement of all costs incurred by the department in processing
and responding to the request.
(e) Trade secrets, as defined in Section 25173, that are
identified at the time of submission by a manufacturer or trade
group, shall be treated as confidential as required by department
procedures established pursuant to Section 25173. Any information
that is not a trade secret, as defined in Section 25173, or that has
not been identified by the manufacturer as a trade secret, shall be
made available to the public upon request pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).
(f) (1) The department shall grant or deny an exemption requested
pursuant to subdivision (b) no later than 180 calendar days after
receiving the exemption request and all information determined by the
department to be necessary to determine if all of the conditions
specified in subdivision (b) are met.
(2) An exemption shall not be deemed to be granted if the
department fails to grant or deny the exemption request within the
time limit specified in paragraph (1)
(3) Nothing in this subdivision shall preclude the applicant and
the department from mutually agreeing to an extension of the time
limit specified in paragraph (1).