Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES
Section 096-872-5 - Scope of review; submissions
Current through 2024-13, March 27, 2024
This section describes the scope of the commissioner's review in determining whether an applicant has met one of the criteria for exemption under section 4. This section also lists, for each exemption criterion, the submissions required of applicants seeking an exemption on the basis of that criterion.
A. Technical infeasibility
B. Cost
The focus of the commissioner 's review is on the cost of nonmercury alternatives to users of the product for which exemption is requested and not on redesign, retooling or other costs incurred by the product manufacturer to discontinue the use of mercury. If nonmercury alternatives are available in the marketplace and widely used, the commissioner may presume that the alternatives are available at comparable cost. The applicant may overcome this presumption by persuasive evidence demonstrating that the cost of the nonmercury alternatives will pose a financial hardship to users of the product for which exemption is requested.
C. Environmental benefit
The commissioner may not grant an exemption for the reason that a mercury-added product provides a net benefit to the environment, public health or public safety if the claimed benefit does not differ from the benefits available from nonmercury alternatives.
D. Advanced technology product