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.
Statement of Basis and Purpose Rulemaking Hearing of
May 21, 2019
Notes
6 CCR 1007-3-8.94
37
CR 24, December 25, 2014, effective 3/2/2015
38
CR 11, June 10, 2015, effective 6/30/2015
39
CR 05, March 10, 2016, effective
3/30/2016
39
CR 11, June 10, 2016, effective
6/30/2016
40
CR 06, March 25, 2017, effective
4/14/2017
40
CR 11, June 10, 2017, effective
6/30/2017
40
CR 21, November 10, 2017, effective
11/30/2017
41
CR 06, March 25, 2018, effective
4/14/2018
41
CR 11, June 10, 2018, effective
6/30/2018
41
CR 24, December 25, 2018, effective
1/14/2019
42
CR 06, March 25, 2019, effective
4/14/2019
42
CR 06, March 25, 2019, effective
5/30/2019
42
CR 11, June 10, 2019, effective
6/30/2019
43
CR 12, June 25, 2020, effective
7/15/2020
44
CR 06, March 25, 2021, effective
4/14/2021
44
CR 11, June 10, 2021, effective
6/30/2021
44
CR 24, December 25, 2021, effective
1/14/2022
45
CR 11, June 10, 2022, effective
6/30/2022
45
CR 17, September 10, 2022, effective
9/10/2022
45
CR 17, September 10, 2022, effective
9/30/2022
45
CR 23, December 10, 2022, effective
1/30/2023
