310 CMR, § 74.04 - Requirements for the Removal of Mercury-added Components Before Crushing

(1) No person shall crush, cause to be crushed or otherwise arrange for an end-of-life vehicle to be crushed without first having removed any mercury-added components, including but not limited to, mercury-added vehicle switches.

(2)310 CMR 74.04(1) shall not apply to:

(a) mercury-added components made inaccessible due to significant damage to the vehicle in the area surrounding the component's location, or

(b) mercury-added lamps used to backlight the vehicle's dashboard and other electronic devices (due to the inaccessibility of these lamps and the resulting potential for mercury to be released to the environment if a lamp is broken while it is being removed).

(3) A vehicle recycler shall, before delivering or selling vehicle bodies to scrap recycling facilities, certify in writing to the scrap recycling facility, in a form approved by the department, that all mercury-added vehicle switches have been removed from the vehicle bodies in the shipment.

(a) Such certification shall be provided on a bill of lading, on stickers affixed to the vehicle bodies, or in another manner approved by the Department.

(b) Certifications provided on a bill of lading shall contain:

1. A statement that: "I certify that mercury-added switches have been removed from the vehicles in this shipment in compliance with 310 CMR 74.04."; and

2. The signature of the corporate official making the certification (which may be preprinted or signed for each bill of lading) and the typed or printed name of such corporate official and his or her title.

(c) Certification provided on stickers affixed to the vehicle bodies shall contain:

1. A statement that: "Mercury-added switches have been removed from this vehicle in compliance with 310 CMR 74.04."; and

2. The signature of the corporate official making the certification (which may be preprinted or signed in "permanent" ink) and the typed or printed name of such corporate official and his or her title.

(d) Written certification may be provided in another manner, if a proposal is submitted to the Department and approved prior to use.

(4) A scrap recycling facility may agree to accept an end-of-life vehicle containing mercury-added components that has not been flattened, crushed or baled provided that the scrap recycling facility removes the mercury added components.

(5) Any person removing a mercury-added component from a vehicle shall manage the component in accordance with the provisions of 310 CMR 30.000, either as a hazardous waste or a universal waste, except for mercury-added components that are not switches (e.g. high intensity discharge (HID) lamps) and that are still in commerce.

Notes

310 CMR, § 74.04