RCRA REVISION CHECKLIST 240

Safe Management of Recalled Airbags 
83 FR 61552-61563
	November 30, 2018
	(RCRA Cluster XXVII, Non-HSWA)

Name of State:  

State Statutory Authority: 

Title of Regulations:  							Effective Date:   

Date Checklist Completed:  

	
FEDERAL REQUIREMENTS	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
				
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	
	PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL	
	SUBPART B DEFINITIONS	
	DEFINITIONS	
	Airbag waste means any hazardous waste airbag modules or hazardous waste airbag inflators.	260.10 “Airbag waste”						
	Airbag waste collection facility means any facility that receives airbag waste from airbag handlers subject to regulation under 261.4(j) of this chapter, and accumulates the waste for more than ten days.	260.10 “Airbag waste collection facility”						
	Airbag waste handler means any person, by site, who generates airbag waste that is subject to regulation under this chapter.	260.10 “Airbag waste handler”						
	PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE	
	SUBPART A GENERAL	
	reserved	261.4(i)						
	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 parts 268, 270 or 124 of this chapter, and is not subject to the notification requirements of section 3010 of RCRA provided that:	261.4(j)(1)						
	The airbag waste is accumulated in a quantity of no more than 250 airbag modules or airbag inflators, for no longer than 180 days;	261.4(j)(1)(i)						
	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;”	261.4(j)(1)(ii)						
	The airbag waste is sent directly to either 	261.4(j)(1)(iii)						
	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	261.4(j)(1)(iii)(A)						
	A designated facility as defined in 40 CFR 260.10;	261.4(j)(1)(iii)(B)						
	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;	261.4(j)(1)(iv)						
	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).	261.4(j)(1)(v)						
	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 of 40 CFR part 262.	261.4(j)(2)						
	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 40 CFR 261.2(g).	261.4(j)(3)						
	PART 262 – STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE	
	SUBPART A - GENERAL	
1	reserved	262.14(a)(5)(ix)						
1	reserved	262.14(a)(5)(x)						
2	For airbag waste, an airbag waste collection facility or a designated facility subject to the requirements of 261.4(j) of this chapter.	262.14(a)(5)(xi)						

1. 40 CFR 262.14(a)(5)(ix) and (x) are reserved for the insertion of provisions from the Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine rule (citation, Revision Checklist 241).

2. 40 CFR 262.14(a)(5)(xi) is the only provision within 262.14(a) which was added or amended by this rule. The other provisions in this section are either unchanged or reserved and therefore the unchanged provisions are not included in this checklist.