Final Rule Alert: EPA Exempts Recalled Airbags from RCRA Hazardous Waste Rules

Posted on 11/30/2018 by Roger Marks

US EPA published its Interim final rule Safe Management of Recalled Airbags to the Federal Register on Friday, November 30.

The rule creates a conditional exemption at 40 CFR 261.4(j) from the RCRA hazardous waste management requirements for all airbag waste (i.e., airbag modules and airbag inflators) collected from auto dealers or other “airbag waste handlers” for the purpose of safe disposal.

Built for dealerships and auto parts shippers affected by the Takata recall, the Shipping Auto Airbags and Other Safety Devices Online Course covers the DOT regulations you must know to package, mark, label, and offer airbags for ground transport. Meet DOT’s hazmat training mandate for employees and avoid fines for training violations recently increased to $481 per day, per employee.

The new conditional exemption will apply to both Takata and non-Takata airbag waste. Takata airbags are likely to make up a bulk of the airbag waste managed under this new RCRA hazardous waste exemption, as the recall effort covers an estimated 50 million safety devices from makers including BMW, Chrysler, Ford, Honda, Mazda, Nissan, Toyota, and Mitsubishi. An estimated 50 million defective airbag inflators are now under recall. More recalls may be issued in the future.

See the Interim Final Rule here.

How to Manage and Ship Recalled Airbag Inflators and Airbag Modules (Conditions for Exemption)

airbag_installed_car_628124435-(1).jpg

In order to qualify for the exemption from the RCRA hazardous waste management regualtions, facilities must manage airbag waste according to specific criteria outlined in EPA's rule, i.e., accumulation time limits, rules for containers, and marking requirements. The management standards closely mirror DOT's requirements set forth in an existing Preservation Order for recalled airbags.

While these airbag inflators and modules will be exempt from the RCRA hazardous waste management requirements while on site, US DOT’s 49 CFR Hazardous Materials Regulations (HMR) do apply for airbag wastes shipped off-site. This includes hazmat training required for employees involved in packaging, marking, labeling, and handling these shipments.

Note: As of last week, US DOT PHMSA will now fine employers up to $481 per day, per employee for failure to provide hazmat training required under 49 CFR 172.704.

Read about the expanding Takata airbag recall here.

Get expert hazmat training for auto parts shippers to safely ship recalled airbag inflators, airbag modules, and other safety devices in compliance with US DOT’s hazmat regulations.

Tags: airbag, DOT, hazardous, hazmat, management, new, rules, Takata, training, waste

Find a Post

Search for:

Compliance Topics

Compliance Archives

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

I love that the instructor emphasized the thought process behind the regs.

Rebecca Saxena

Corporate Product Stewardship Specialist

I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.

Danny Province

EHS Professional

I attended training from another provider and learned absolutely nothing. Lion is much better. Hands down.

Nicole Eby

Environmental Specialist

Attending Lion Technology classes should be mandatory for every facility that ships or stores hazmat.

Genell Drake

Outbound Lead

The instructor was very very informative, helpful, understandable and pleasant. This course answered many questions I had, being new to this industry.

Frances Mona

Shipping Manager

The instructor was very patient and engaging - willing to answer and help explain subject matter.

Misty Filipp

Material Control Superintendent

Best instructor ever! I was going to take my DOT training w/a different provider, but based on this presentation, I will also be doing my DOT training w/Lion!

Donna Moot

Hazardous Waste Professional

The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly.

Brittany Holm

Lab Supervisor

Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.

John Hutchinson

Senior EHS Engineer

Download Our Latest Whitepaper

This report details major changes for hazardous waste generators from US EPA’s Generator Improvements Rule, as well as the latest updates from states that are still working to adopt new, stricter Federal requirements.

Download

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.