250 R.I. Code R. 250-RICR-140-20-3.12

Current through October 15, 2024

Section 250-RICR-140-20-3.12 - Motor Vehicles - Removal of Mercury-Added Convenience Light Switches

A. Mercury switches in motor vehicles shall be collected and recycled by manufacturers of motor vehicles as provided for in this section at the end of the life of each vehicle.

B. Manufacturers of motor vehicles sold in Rhode Island that contain mercury switches shall, individually or collectively, establish and implement a collection program for mercury switches to achieve a capture rate of not less than fifty percent (50%) for calendar year 2006, and not less than seventy percent (70%) for calendar year 2007 and each calendar year thereafter through calendar year 2017 in accordance with R.I. Gen. Laws § 23-24.9-10.

1. For Calendar Year 2006. The Department has determined that 19,300 mercury switches are available for collection and recycling in Rhode Island. Manufacturers of motor vehicles sold in Rhode Island that contain mercury switches shall, individually or collectively, be required to achieve a capture rate of not less than fifty percent (50%) of this total. This results in the required collection of 9,650 mercury switches for calendar year 2006. All manufacturers required to submit collection plans to the Department pursuant to § 3.12 of this Part shall use this target in the formulation of their collection plan for calendar year 2006.

2. For Calendar Year 2007 Through Calendar Year 2017. The Department has determined that 19,300 mercury switches are available each year for collection and recycling in Rhode Island. Manufacturers of motor vehicles sold in Rhode Island that contain mercury switches shall, individually or collectively, be required to achieve a capture rate of not less that seventy percent (70%) of this total. This results in the required collection of 13,510 mercury switches for calendar year 2007 and each calendar year thereafter through calendar year 2017. All manufacturers required to submit collection plans to the Department pursuant to § 3.12 of this Part shall use this target in the formulation of their collection plans for calendar year 2007 through calendar year 2017. The Department shall biennially, beginning in 2009, review reported capture rates to determine if an adjustment is necessary.

C. Collection Program Requirements. On or before August 30, 2007, manufacturers of motor vehicles subject to these collection program requirements shall submit to the Department a plan setting forth a proposed collection program. The proposed collection plan shall be subject to the review and approval of the Department, which may require adjustments or modifications to the plan. The plan must demonstrate that the collection program meets the following requirements:

1. Meets the capture rates specified in § 3.12(B)(2) of this Part.

2. Presents a system for managing mercury switches that complies with requirements set forth in the Department's Rules and Regulations for Hazardous Waste Management, including the Universal Waste Rule (§ 13 of the Rules and Regulations for Hazardous Waste Management), if applicable.

3. Provides information, training and local technical assistance, including options for direct on-site assistance if requested, to facilitate removal and recycling of mercury switches in accordance with the Universal Waste Rule.

4. Provides information to the general public concerning services to remove mercury switches in motor vehicles.

5. Provides a clear system for payment of a minimum five-dollar ($5.00) fee to vehicle recyclers or scrap recycling facilities in accordance with R.I. Gen. Laws § 23-24.9-10. The proposed collection program plan shall be subject to the review and approval of the Department, which shall; approve; deny; approve with conditions; or require re-submittal of the plan.

a. In accordance with R.I. Gen. Laws § 23-24.9-10, manufacturers of motor vehicles sold in Rhode Island that contained mercury switches shall pay for the total cost of removal, replacement, collection and recovery system for mercury switches to the vehicle recycler or scrap recycling facility that removed the switch. The total cost shall include a minimum of five-dollars ($5.00), payable on delivery of the switch to the party providing the mercury switch, for each mercury switch removed by a vehicle recycler or by a scrap recycling facility, as partial compensation for the labor and other costs incurred in the removal of the mercury switch.

b. Payment of the five-dollar ($5.00) fee for each mercury switch shall be made to vehicle recyclers or scrap recycling facilities no later than sixty (60) days after the vehicle recycler or scrap recycling facility relinquishes the switch(s) to the manufacturer as part of the collection program in § 3.12(B) of this Part.

c. Payment of the five-dollar ($5.00) fee for each mercury switch is only required for switches removed from vehicles dismantled and recycled in Rhode Island. Vehicle recyclers and scrap recycling facilities are required to abide by the certification requirements as established in § 3.12(G) of this Part.

D. Within thirty (30) days of the Department's approval of the plan, manufacturers of motor vehicles subject to the collection program requirement shall implement the collection plan, including payment of the five-dollar ($5.00) fee for each mercury switch, as approved by the Department.

E. By January 30th of each calendar year through calendar year 2017, manufacturers of motor vehicles subject to the collection program requirement shall provide annual implementation reports to the Department, which reports shall include the number of mercury switches collected and the amount of mercury collected and recycled through the collection program in the previous calendar year. The report shall further include, but not be limited to: a detailed description and documentation of the total amount paid to vehicle recyclers and scrap recycling facilities in accordance with R.I. Gen. Laws § 23-24.9-10 and this Part.

F. This information shall be submitted to the Department on a form as prescribed by the Department. By February 15th of each year through 2017, each vehicle recycler, as defined in § 3.4 of this Part, shall report to the Department on:

1. the total number of vehicles dismantled or destroyed during the previous calendar year; and

2. the total number of mercury switches returned to vehicle manufacturers for recycling during the previous calendar year.

G. Vehicle recyclers and scrap recycling facilities shall maintain log sheets showing the number of mercury switches provided in bulk to vehicle manufacturers for recycling in accordance with the manufacturer's collection program. Vehicle recyclers and scrap recycling facilities shall be required to certify on said log sheets that the switches are only from motor vehicles dismantled in the State of Rhode Island. This information shall be maintained on log sheets as prescribed by the Department.

H. Significant, willful failure to comply with these regulations to implement the provisions of § 3.12 of this Part shall constitute, as may be determined by the Department, a violation of these rules.

I. No motor vehicle containing a mercury switch may be intentionally crushed or flattened without first removing the mercury switch(s).

J. No scrap recycling facility or other person that receives a flattened, crushed or baled end-of-life vehicle shall be deemed to be in violation of these regulations if a mercury switch is found in the vehicle after its acquisition.

K. Persons may petition the Department to establish a fee greater than five-dollars ($5.00) per mercury switch if they can demonstrate that a different fee is necessary for the removal and recycling of mercury switches from end-of-life motor vehicles.

250 R.I. Code R. 250-RICR-140-20-3.12