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

   1. (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).
   2. (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. (4) Determining Compliance with the Target Capture Rate for all Plans in 2008 and Subsequent Years.

   1. (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.
   2. (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

Number of switches needed to meet 90% Available 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