R315-17-4. Mercury Switch Collection Plan

  (a) Manufacturers of any vehicle sold within the State of Utah shall submit a plan individually or in cooperation with other manufacturers to the Director for review and approval by January 15, 2007. This submission shall be accompanied by a filing fee as established by the legislature in the Department of Environmental Quality fee schedule. The Director shall bill the responsible party for review of plans submitted to meet the requirements of this Rule.

  (b) The Director shall review and approve or disapprove the submitted plan based on the requirements outlined in R315-7-17-4(d). If the plan is not approved, the Director shall provide comments to the manufacturer within 60 days of submission of the plan. The manufacturer shall address all comments from the Director and submit an amended plan within 90 days after the Director provides comments on the unapproved plan.

  (c) A manufacturer shall ensure that plan implementation occurs by July 1, 2007.

  (d) The mercury switch collection plan shall include:

  (1) The make, model, and year of any vehicle, including current and anticipated future production models, sold by a manufacturer that may contain one or more mercury switches;

  (2) The description and location of each mercury switch for each make, model, and year of vehicle;

  (3) Procedures for the prompt reimbursement by a manufacturer of costs incurred by a person removing and collecting mercury switches without regard to the date on which the mercury switch is removed and collected;

  (4) Information addressing safe and environmentally sound methods for mercury switch removal and information about hazards related to mercury and the proper handling of mercury;

  (5) Methods for the storage and disposal of mercury switches, including packaging and shipping of mercury switches to an authorized recycling, storage, or disposal facility; and

  (6) Procedures for the transfer of information among persons involved with the plan to comply with reporting requirements.

  (e) If a manufacturer does not know or is uncertain about whether or not a switch contains mercury, the plan shall presume that the switch contains mercury.