6 CCR 1007-3-8.94 - 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.

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

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