California’s Mercury Thermostat Collection Act of 2008

by Jim Wasserman, The Department of Toxic Substances Control, California
Tens of thousands of thermostats containing toxic mercury are removed, every year, from California homes and commercial buildings. Yet, less than 5% are turned in for recycling. The overwhelming majority end up in household trash. That’s not just dangerous - it’s against the law.

California’s Mercury Thermostat Collection Act of 2008 requires contractors, wholesalers and manufacturers to collect and recycle all mercury-filled devices they remove from service. The law specifically requires contractors who remove mercury thermostats to:
  • Leave the thermostat and mercury ampoule (glass bulb) intact.
  • Store the device in a container labeled “Universal Waste – Mercury-Containing Equipment.”
  • Take the stored thermostats to a recycling facility within one year of removal.
A 2009 survey showed that demolition contractors and heating, ventilation and air-conditioning (HVAC) contractors remove approximately 300,000 mercury-filled thermostats annually from California homes and buildings. However, in 2010, only 13,340 thermostats were recycled – that’s fewer than 5 percent. It’s clear from the numbers that contractors are a critical first link in recycling mercury thermostats.

The law recognizes wholesalers and distributors are a second critical link. Since contractors make frequent stops at their local HVAC wholesaler, the law requires wholesalers and distributors to provide thermostat collection bins inside their facilities. This makes it simple for contractors to regularly drop off any mercury thermostats they have removed. Today’s thermostat recycling is quick, easy and essential for the health of our children and families.

Mercury is a toxic liquid metal that doesn’t burn or break down. Often, it ends up in California’s waterways where it can convert to an even more toxic form that accumulates in the fish we eat. Advisories about fish consumption to limit mercury exposure are widespread in California, especially in the northern half of the state.

Older thermostats widely installed in California before the early1990s contain approximately three grams of mercury each. Multiplied by millions of devices still in use, that’s tons of mercury that state law aims to keep out of landfills and waterways.

Health officials say low levels of human exposure can cause muscle tremors, irritability and dysfunction of the immune system. High exposure levels can result in vision, speech and hearing impairment, respiratory problems and in extreme cases, death.

Mercury thermostat manufacturers are doing their part to make recycling convenient for the HVAC industry. Thermostat Recycling Corp., a nonprofit collection firm established by industry leaders, provides the collection bins to wholesalers and distributors. Each bin costs the wholesaler $25. Local governments are provided collection bins at no cost. TRC pays all costs of collecting and shipping the thermostats to a Minnesota processing facility where the mercury is removed and recycled.

During 2009 and 2010, TRC reported collecting 20,882 mercury thermostats removed from California buildings. The effort captured 290 pounds of mercury.

Though the numbers show a rapid gain in recycling mercury thermostats, the totals remain a bare fraction of devices removed from residential and commercial buildings in California. It’s vital that contractors remember that recycling is convenient and important for the environment and public health. It’s also the law.

For more information visit:
dtsc.ca.gov/HazardousWaste/Mercury_Therm_Act.cfm
Call: (800) 728-6942