EPA is planning to publish an interim
final rule conditionally exempting airbag waste collected from
airbag handlers (including automobile dealers, salvage yards, and
other entities that remove hazardous waste airbags from vehicles)
from certain RCRA hazardous waste requirements. The recordkeeping
requirements for the interim final rule consist of maintaining at
the airbag handler for no less than three years records of (1) all
off-site shipments and (2) confirmations of receipt of airbag
waste. The recordkeeping requirements may be fulfilled by ordinary
business records, such as bills of lading, and are intended to
allow the Agency to verify that the airbag waste reaches its
intended destination and is not diverted back into vehicles. EPA
has determined that this interim final rule is necessary to protect
human health and the environment by facilitating the urgent removal
of dangerously defective Takata airbag inflators from vehicles, and
by preventing defective Takata airbag inflators in scrap vehicles
from being reused, while maintaining protection of human health and
the environment during airbag collection, storage and
disposal.
EPA is planning to
publish an interim final rule conditionally exempting airbag waste
collected from airbag handlers (including automobile dealers,
salvage yards, and other entities that remove hazardous waste
airbags from vehicles) from certain RCRA hazardous waste
requirements. This interim final rule is being promulgated under
the good cause provision found in Section 553(b)(B) of the
Administrative Procedure Act allowing EPA to waive public notice
and comment, and will be effective immediately upon publication in
the Federal Register. EPA has determined that this interim final
rule is necessary to protect human health and the environment by
facilitating the urgent removal of dangerously defective Takata
airbag inflators from vehicles, and by preventing defective Takata
airbag inflators in scrap vehicles from being reused, while
maintaining protection of human health and the environment during
airbag collection, storage and disposal. The Takata airbag recall
is 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, 46 million in 34 million vehicles were
recalled as of November 2017 and the remaining inflators will be
recalled by December 2019. To date, 15 people in the U.S. have died
from injuries inflicted by defective Takata airbag inflators, and
hundreds more have been seriously injured. The National Highway
Traffic Safety Administration has found that it is imperative to
accelerate the rate of the Takata recall because “each air bag
inflator with the capacity to rupture, as the recalled Takata
inflators do, presents an unreasonable risk of serious injury or
death. . . Since the propensity for rupture increases with the age
of the inflator, and increases even more when the vehicle has been
exposed to consistent long-term HAH [high absolute humidity]
conditions, the risk for injurious or lethal rupture increases with
each passing day.” (emphasis added) Because this interim final rule
will be effective immediately upon publication in the Federal
Register, an approved emergency ICR is needed prior to publication
in order to allow collection of information as required under the
interim final rule.
The increase in burden results
from recordkeeping requirements for Safe Management of Recalled
Airbags interim final rule, which includes maintaining at the
airbag handler for no less than three years records of (1) all
off-site shipments and (2) confirmations of receipt of airbag
waste. This burden is expected to be offset by a burden reduction
under the Hazardous Waste Generator ICR (OMB Control Number
2050-0213), due to the removal of hazardous waste generator
requirements under the rule, resulting in a potential net burden
reduction.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Safe Management of Recalled Airbags