310 CMR, § 74.07 - Measuring Recycling of Mercury-added Vehicle Switches

(1) The success of any plan designed to remove, collect, and recover mercury-added switches from end-of-life vehicles that is implemented in compliance with M.G.L. c. 21H, § 6C shall be measured by a capture rate that compares the actual number of mercury vehicle switches recovered and transported to authorized recycling facilities in each calendar year to the total number of mercury-added vehicle switches estimated to be available for removal from end-of-life vehicles in Massachusetts in that calendar year.

(2) The vehicle manufacturer shall calculate the capture rate for each calendar year in which a plan established pursuant to 310 CMR 74.06 is implemented, and shall report that rate to the Department in compliance with the requirements of 310 CMR 74.09(1)(b).

(3) Determining Compliance with the 2007 Target Capture Rate for Alternative Plans Submitted Pursuant to M.G.L. c. 21H, § 6C(n):

(a) For calendar year 2007, the target capture rate shall be 50% of 92,500 mercury-added vehicle switches estimated to be available for collection (or 46,250 switches).

(b) Plans that achieve the target capture rate of 50% by December 31,2007, as determined by the Department, shall be deemed to be in compliance. Plans that do not achieve this target capture rate by December 31,2007 shall be deemed to be not in compliance, and their proponents shall comply with the provisions of 310 CMR 74.06 as applicable.

(4) Determining Compliance with the Target Capture Rate for all Plans in 2008 and Subsequent Years.

(a) For calendar years 2008 through 2017, the target capture rate shall be 90% of the mercury switches estimated to be available for recovery in each calendar year, as described in 310 CMR 74.07(4)(b): Table 1.

(b) Programs that achieve a capture rate of 90% by December 31st of each calendar year, as determined by the Department, shall be deemed to be in compliance. Programs that do not achieve the 90% capture rate by December 31st of each calendar year shall be deemed to be not in compliance, and their proponents shall comply with the provisions of 310 CMR 74.06 as applicable.

Table 1: Estimate of Number of Mercury-added Vehicle Switches Available for Capture in Massachusetts by Year

Year	Estimate of the Number of switches Available	Number of switches needed to meet 90% capture rate
2008	74,000	66,600
2009	71,000	63,900
2010	67,000	60,300
2011	63,000	56,700
2012	59,000	53,100
2013	54,000	48,600
2014	50,000	45,000
2015	45,000	40,500
2016	41,000	36,900
2017	36,000	32,400

Notes

310 CMR, § 74.07