Regulation .04-7 Conditional Exemption for Collection of Airbag Waste.
Regulation .04-7 Conditional Exemption for Collection of Airbag Waste.LinkCopy Citation
A.
This regulation:
(1)
Applies to all airbag waste, as defined in COMAR 26.13.01.03B, collected from auto dealers or other airbag waste handlers for the purpose of safe disposal; and
(2)
Provides management standards for airbag waste that an airbag waste handler may comply with as an alternative to managing airbag waste under other requirements of this subtitle that apply to management of hazardous waste generally.
B.
Airbag waste at the airbag waste handler or during transport to an airbag waste collection facility or a designated facility is not subject to regulation under COMAR 26.13.03—.07 and .09, and is not subject to the notification requirements of §3010 of RCRA if:
(1)
The airbag waste handler:
(a)
In accumulating airbag waste:
(i)
Accumulates no more than 250 items in its current inventory of waste airbag modules and waste airbag inflators; and
(ii)
Does not accumulate any airbag waste for longer than 180 days;
(b)
Meets the following requirements with respect to packaging the airbag waste:
(i)
While the waste is being accumulated, ensures that the waste is packaged in a container that is designed to address the risks posed by the airbag waste, including reducing the risk of the airbag waste reacting in case of a fire, and reducing the risk of a projectile hazard if a defective airbag inflator were to deploy; and
(ii)
Ensures that, before the airbag waste is offered for transport, the waste packaging meets U.S. Department of Transportation requirements for hazardous materials transportation;
(c)
Ensures that each container in which airbag waste is being accumulated is:
(i)
Marked with the earliest date on which accumulation began for the airbag waste within the container; and
(ii)
Labeled with the words “Airbag Waste – Do Not Reuse”;
(d)
Sends the airbag waste directly to either:
(i)
An airbag waste collection facility in the United States that is under the control of a vehicle manufacturer or the authorized representative of a vehicle manufacturer;
(ii)
An authorized party administering a remedy program in response to a recall under the National Highway Traffic Safety Administration; or
(iii)
A “designated facility” as defined in COMAR 26.13.01.03B; and
(e)
Complies with the record keeping requirements of §C of this regulation; and
(2)
The transport of the airbag waste is conducted in compliance with all applicable U.S. Department of Transportation (DOT) regulations in 49 CFR Part 171—180 during transit.
C.
Record Keeping.
(1)
For each off-site shipment of airbag waste made under this regulation, an airbag waste handler shall maintain the following information and records at the handler facility for a minimum of 3 years:
(a)
Name of the transporter;
(b)
Date of the shipment;
(c)
Name and address of the receiving facility;
(d)
Types of airbag waste included in the shipment , such as airbag modules and airbag inflators;
(e)
The quantity of each type of airbag waste in the shipment;
(f)
Confirmation of receipt of the shipment that includes the:
(i)
Information specified in §C(1)(c)—(e) of this regulation; and
(ii)
Date that the receiving facility received the shipment.
(2)
The airbag waste handler:
(a)
May satisfy the record keeping requirements of this section through the use of routine business records, such as electronic or paper financial records, bills of lading, copies of DOT shipping papers, and electronic or paper confirmation of receipt; and
(b)
Shall make the shipping information and records and the confirmations of receipt required by this section available for inspection by a representative of the Department or the U.S. Environmental Protection Agency upon request.
D.
Requirements Applicable to Airbag Waste Received from an Airbag Waste Handler.
(1)
Upon arrival at an airbag waste collection facility or a designated facility, airbag waste from an airbag waste handler operating under this regulation becomes subject to all applicable hazardous waste regulations.
(2)
For airbag waste identified in §D(1) of this regulation, the facility receiving the airbag waste:
(a)
Is considered the generator of the airbag waste; and
(b)
Shall comply with all applicable requirements of COMAR 26.13.03 with respect to that waste.
E.
Prohibition on Reuse. A person may not reuse in a vehicle a defective airbag module or a defective airbag inflator that is subject to a recall under the National Highway Traffic Safety Administration. An attempt to reuse the defective item in this manner constitutes sham recycling and is prohibited by COMAR 26.13.02.02H.