| (a) Airbag waste at the airbag waste handler site or
during transport to an airbag waste collection facility or a designated
facility is not subject to regulation under §335.2 of this title
(relating to Permit Required), Subchapter C of this chapter (relating
to Standards Applicable to Generators of Hazardous Waste), Subchapter
D of this chapter (relating to Standards Applicable to Transporters
of Hazardous Waste), Subchapter E of this chapter (relating to Interim
Standards for Owners and Operators of Hazardous Waste Treatment, Storage,
or Disposal Facilities), Subchapter F of this chapter (relating to
Permitting Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, or Disposal Facilities), or Subchapter O of this chapter
(relating to Land Disposal Restrictions); or Chapter 37 of this title
(relating to Financial Assurance), Chapter 39 of this title (relating
to Public Notice), Chapter 281 of this title (relating to Applications
Processing), or Chapter 305 of this title (relating to Consolidated
Permits), provided that:
(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;
(2) 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";
(3) the airbag waste is sent directly to either:
(A) 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
(B) a "Designated facility", as defined in §335.1
of this title (relating to Definitions), that is authorized to accept
airbag waste;
(4) the transport of the airbag waste complies with
all applicable United States Department of Transportation regulations
in 49 Code of Federal Regulations Parts 171 - 180 during transit;
(5) the airbag waste handler maintains at the handler
facility, for no less than three 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 or
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 United States
Department of Transportation shipping papers, or electronic confirmations
of receipt).
(b) Airbag waste received at an airbag waste collection
facility or a designated facility is subject to all hazardous waste
regulations, and the operator of the receiving facility is the generator
of the airbag waste that must comply with the generator requirements
of Subchapter A of this chapter (relating to Industrial Solid Waste
and Municipal Hazardous Waste in General), and Subchapter C of this
chapter (relating to Standards Applicable to Generators of Hazardous
Waste).
(c) Reuse of defective airbag modules or defective
airbag inflators subject to a recall under the National Highway Traffic
Safety Administration in vehicles is prohibited and is considered
sham recycling as defined under §335.27 of this title (relating
to Legitimate Recycling of Hazardous Secondary Materials).
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