EPA Issues Airbag Recall Interpretation Letter Regarding Waste Determination

OCTOBER 25, 2017

The EPA issued a new letter clarifying how the Resource Conservation and Recovery Act (RCRA) regulations apply to the recalled Takata airbag inflators that are subject to the 2015 Preservation Order issued by the U.S. Department of Transportation (DOT).

While the Takata airbag inflators are still being tested and held for litigation purposes, they are not considered “discarded.” The below is an excerpt from letter explaining the EPA’s finding on this matter:

“Based on our understanding of the facts, we have concluded that the recalled Takata airbag inflators are not subject to RCRA Subtitle C regulatory requirements while they are being held under the 2015 DOT Preservation Order. This is because EPA does not consider airbag inflators or other explosives to be ‘discarded’ and therefore subject to the hazardous waste regulations while they are being stored pending judicial proceedings or investigations. At the point the inflators are released from the DOT Preservation Order and other legal action related to the recall, the recalled airbag inflators would be considered solid waste and subject to a hazardous waste determination and any applicable RCRA regulations. Additionally, airbag inflators subject to the DOT Preservation Order that are not managed and stored in a manner that prevents release to the environment may be considered a solid waste and a hazardous waste under sections 3007, 3013, and 7003 of RCRA.”

The EPA letter can be read in its entirety here. At Clean Earth, we are committed to keeping you informed of the latest EPA findings and regulation changes that may impact your business. Click here to learn how our innovative and sustainable solutions safeguard the environment, protect people and can keep your organization compliant.