DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Safe Management of Recalled Airbags 

(Adopted by the Solid and Hazardous Waste Commission on May 21, 2019)

1) Amend Section 260.10 by adding the following definitions in alphabetical order to read as follows:  

§ 260.10 Definitions

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“Airbag waste” means any hazardous waste airbag modules or hazardous waste airbag inflators.

“Airbag waste collection facility” means any facility that receives airbag waste from airbag handlers subject to regulation under § 261.4(j) of these regulations, and accumulates the waste for more than ten days.

“Airbag waste handler” means any person, by site, who generates airbag waste that is subject to regulation under these regulations.

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2) Amend Section 261.4 by adding reserved paragraphs (h) and (i) and adding paragraph (j) to read as follows:

§ 261.4 Exclusions.

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(h)  Reserved.

(i)  Reserved.

(j) Airbag waste. (1) Airbag waste at the airbag waste handler or during transport to an airbag waste collection facility or designated facility is not subject to regulation under Parts 262 through 268, or Part 100 of these regulations, and is not subject to the notification requirements of Part 99 of these regulations provided that:

(i) The airbag waste is accumulated in a quantity of no more than 250 airbag modules or airbag inflators, for no longer than 180 days;

(ii) The airbag waste is packaged in a container designed to address the risk posed by the airbag waste and labeled ‘‘Airbag Waste–Do Not Reuse’’;

(iii) The airbag waste is sent directly to either:

(A) An airbag waste collection facility in the United States under the control of a vehicle manufacturer or their authorized representative, or under the control of an authorized party administering a remedy program in response to a recall under the National Highway Traffic Safety Administration, or

(B) A designated facility as defined in § 260.10 of these regulations;

(iv) The transport of the airbag waste complies with all applicable U.S. Department of Transportation regulations in 49 CFR part 171 through 180 during transit. 49 CFR parts 171 through 180 are incorporated by reference to include those versions in effect as of the date this regulation was adopted, and does not include later amendments to the incorporated material. Materials incorporated by reference are available for public inspection during normal business hours from the Hazardous Materials and Waste Management Division, 4300 Cherry Creek Drive South, Denver, CO 80246. Copies may also be found at the Environmental Protection Agency through the Government Printing Office at https://www.govinfo.gov/app/collection/cfr/; and

(v) The airbag waste handler maintains at the handler facility for no less than three (3) years records of all off-site shipments of airbag waste and all confirmations of receipt from the receiving facility. For each shipment, these records must, at a minimum, contain the name of the transporter and date of the shipment; name and address of receiving facility; and the type and quantity of airbag waste (i.e., airbag modules or airbag inflators) in the shipment. Confirmations of receipt must include the name and address of the receiving facility; the type and quantity of the airbag waste (i.e., airbag modules and airbag inflators) received; and the date which it was received. Shipping records and confirmations of receipt must be made available for inspection and may be satisfied by routine business records (e.g., electronic or paper financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt).

(2) Once the airbag waste arrives at an airbag waste collection facility or designated facility, it becomes subject to all applicable hazardous waste regulations, and the facility receiving airbag waste is considered the hazardous waste generator for the purposes of the hazardous waste regulations and must comply with the requirements Part 262 of these regulations.

(3) Reuse in vehicles of defective airbag modules or defective airbag inflators subject to a recall under the National Highway Traffic Safety Administration is considered sham recycling and prohibited under § 261.2(g) of these regulations.

3) Amend Section 262.14 by revising paragraphs (a) introductory text and (a)(5) to read as follows:

§ 262.14  Conditions for exemption for a very small quantity generator.

(a) Provided that the very small quantity generator meets all the conditions for exemption listed in this section, hazardous waste generated by the very small quantity generator is not subject to the requirements of Parts 262 (except §§ 262.9-262.14 and 262.43) through 268, 100, and the notification requirements of Part 99 of these regulations, and the very small quantity generator may accumulate hazardous waste on site without complying with such requirements. VSQGs generating 3 gallons or more of F001, F002, F004, or F005 hazardous waste in a calendar year must still comply with the Part 99 notification requirements and with the requirements of § 262.18.  The conditions for exemption are as follows:

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(5) A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits in paragraphs (a)(3) and (4) of this section must either treat  its hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility, either of which, if located in the U.S., is:

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(ix)–(x) [Reserved]

(xi) For airbag waste, an airbag waste collection facility or a designated facility subject to the requirements of § 261.4(j) of these regulations.

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4) Add Section 8.94 (Statement of Basis for the Rulemaking Hearing of May 21, 2019) to Part 8 of the Regulations to read as follows:

Statement of Basis and Purpose
Rulemaking Hearing of May 21, 2019

8.94	Basis and Purpose.

These amendments to 6 CCR 1007-3, Parts 260, 261 and 262 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Safe Management of Recalled Airbags

These amendments to Parts 260, 261 and 262 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) correspond to and provide equivalency with the Environmental Protection Agency (EPA) Safe Management of Recalled Airbags interim final rule published in the Federal Register on November 30, 2018 {83 FR 61552-61563}, and which also became effective on November 30, 2018. 

The U.S. Department of Transportation (DOT) announced a national recall in May 2015 for airbag inflators manufactured by Takata due to a defect in their phase-stabilized ammonium nitrate (PSAN) propellant, which has resulted in fifteen deaths and at least 250 injuries in the U.S. as of August 2018.  EPA issued the November 30, 2018 interim final rule in response to the urgent public health issue posed by recalled Takata airbag inflators still installed in vehicles.  These airbag inflator recalls constitute the largest automotive recall in U.S. history, with 19 vehicle manufacturers affected and approximately 65-70 million airbag inflators scheduled to be recalled by December 2019.  Of these affected airbag inflators, 50 million inflators in an estimated 37 million vehicles were recalled as of August 2018 and the remaining inflators will be recalled by December 2019.  

The November 30, 2018 federal rule facilitates a more expedited removal of the defective Takata airbag inflators from vehicles by dealerships, salvage yards and other locations for safe and environmentally sound disposal by exempting the collection of airbag waste (airbag modules and airbag inflators) from hazardous waste requirements so long as certain conditions are met.  This rule is intended to assist the automobile dealers and other entities in their handling of the airbags, and ensure delivery of the airbags to facilities that can more expertly manage these airbags in order to accelerate the recall. 

These amendments to 6 CCR 1007-3, Parts 260, 261 and 262 provide a conditional exemption for airbag waste (i.e., airbag modules and airbag inflators) that exempt the collection of the airbag waste from hazardous waste requirements, so long as certain requirements are met.  The amendments being adopted as part of this rulemaking include the following:

1) Section 260.10 (Definitions) of the Colorado Hazardous Waste Regulations is being amended to add definitions for "Airbag", "Airbag waste collection facility", and "Airbag waste handler".

2) Section 261.4 (Exclusions) is being amended by reserving paragraphs (h) and (i), and adding the requirements for the conditional exemption for airbag waste as paragraph (j).  To qualify for the conditional exemption, airbag handlers and transporters are required to comply with the following requirements: 

A) The airbag waste is subject to an accumulation quantity limit of 250 airbag modules or airbag inflators, and an accumulation time limit 180 days;

B) All airbag waste must be packaged in containers designed to address the risk posed by the airbag waste, and labeled: “Airbag Waste - Do Not Reuse";

C) The airbag waste must be sent directly to either an airbag waste collection facility or to a designed TSD facility;

D) The transport of the airbag waste must comply with all applicable U.S. Department of Transportation  regulations in 49 CFR Parts 171 through 180; and

E) The airbag waste handler must maintain records of all off-site shipments of airbag waste and all confirmations of receipt from the receiving facility for a period of 3 years. 

3) Section 262.14 (Conditions for exemption for a very small quantity generator) is being revised to allow VSQGs to manage their airbag waste under the new conditional exemption. This amendment is to encourage automobile dealerships to send their airbag waste to an airbag collection facility rather than to a municipal solid waste landfill,

In accordance with § 261.4(j)(2), once the airbag waste arrives at an airbag waste collection facility or designated facility, the waste becomes subject to all applicable hazardous waste regulations, and the facility receiving the airbag waste is considered the hazardous waste generator and must comply with Part 262 of the regulations.  Pursuant to the requirements of § 261.4(j)(3), reuse in vehicles of defective airbag modules or defective airbag inflators subject to a recall under the National Highway Traffic Safety Administration is considered sham recycling and prohibited under 6 CCR 1007-3, Part 261.2(g).  

Because these amendments eliminate specific hazardous waste requirements that would otherwise apply to airbag waste (airbag modules and airbag inflators), these provisions are less stringent than existing regulations, and Colorado is not required to adopt them.  However, the Division believes that adoption of these optional provisions will encourage and facilitate the expedited removal of dangerously defective Takata airbag inflators from vehicles and prevent the defective airbag inflators from being reused, while maintaining protection of human health and the environment during airbag waste collection, storage and disposal.