310 CMR, § 74.06 - Plans for Proper Removal. Recovery, and Recycling of Mercury-added Switches from End-of-life Vehicles

(1) No later than April 30, 2008, every vehicle manufacturer shall, individually or as a group, or through a trade association, develop, file with the department, and commence implementing the plan required by M.G.L. c. 21H, § 6C(f) and (g) for the removal, recycling, transportation, storage, and containment of mercury-added switches from end-of-life vehicles in accordance with the regulations at 310 CMR 30.000 as either a hazardous waste or universal waste. Such plans shall, to the extent practicable, use the existing end-of-life vehicle recycling infrastructure, and shall:

(a) include a method for collecting and transporting switches after they are removed from vehicles;

(b) identify or establish and use facilities where switches may be received and accepted;

(c) ensure that the mercury from all recovered switches is recycled in accordance with 310 CMR 30.000;

(d) provide information, training, technical assistance to vehicle recyclers, scrap recyclers and all other persons involved in removing mercury-added vehicle switches from motor vehicles;

(e) include a program which is designed to achieve a mercury-added vehicle switch capture rate of at least 90%, based on the capture rate described in 310 CMR 74.07;

(f) describe the financing system through which the total cost of removal, collection, record keeping and recovery of mercury-added vehicle switches shall be borne by the vehicle manufacturer. Such financing system shall include, but not be limited to, a payment of $ 3 for every mercury-added vehicle switch removed by a vehicle recycler or scrap recycling facility; and

(g) describe any reasons for not using the existing end-of-life vehicle recycling infrastructure.

(2) The plan described in 310 CMR 74.06(1) shall not be required from:

(a) a vehicle manufacturer that is participating in a plan being implemented in accordance with the requirements of M.G.L. c. 21 H,§ 6C(n), where such plan is demonstrated to achieve a capture rate that complies with the requirements of 310 CMR 74.07. In the event that a plan fails to achieve the specified capture rate in any year, as determined by the Department, the vehicle manufacturer shall submit to the Department within 30 days of such determination a plan that meets the requirements of 310 CMR 74.06(1); or

(b) a vehicle manufacturer that never installed mercury-added vehicle switches in its vehicles. To qualify for this exemption, such manufacturer shall submit a one-time certification of non-applicability in compliance with the requirements of 310 CMR 74.09(1)(c) to the Department by April 30,2008.

(3) Nothing in 310 CMR 74.06 shall prohibit a vehicle manufacturer from substituting a new plan in accordance with, and subject to, the requirements of 310 CMR 74.06(4).

(4) If a vehicle manufacturer's plan under 310 CMR 74.06(1) has been in effect for at least one year, the manufacturer may submit an alternate plan to the Department for approval. The alternate plan shall meet the following criteria:

(a) The alternate plan has been in effect for at least one year in another state and can be implemented statewide;

(b) The alternate plan has achieved at least a 90% capture rate in that state; and

(c) The alternate plan, to the extent practicable, uses the existing end-of-life vehicle recycling infrastructure in Massachusetts.

(5) When considering whether to approve an alternate plan pursuant to 310 CMR 74.06(4), the Department shall take into consideration the environmental impact in Massachusetts and the economic impact on Massachusetts businesses. To do so, the Department shall seek public comment on any plan submitted pursuant to 310 CMR 74.06(4).

(a) The Department shall publish a legal notice in Massachusetts newspapers of general circulation which includes a summary of the plan and contact information on how and where to submit comments;

(b) The Department shall notify Massachusetts vehicle recyclers and scrap recycling facilities in writing of the plan and public comment opportunity;

(c) The public comment period shall be no less than 21 calendar days.

(6) Approval of the alternate plan pursuant to 310 CMR 74.06(4) by the Department shall release the vehicle manufacturer from the obligations of its original plan, pursuant to 310 CMR 74.06(1), starting on the effective date of the alternate plan. Upon receipt of approval of an alternate plan, the vehicle manufacturer must notify all vehicle recyclers and scrap recycling facilities of the approval, the plan's provisions and its effective date.

(7) An alternate plan may include an agreement between automobile manufacturers and automobile dealers to remove switches before the vehicle reaches its end-of-life.

Notes

310 CMR, § 74.06