View Information Collection Request (ICR) Package
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View ICR - OIRA Conclusion
OMB Control No:
2050-0221
ICR Reference No:
201810-2050-007
Status:
Historical Inactive
Previous ICR Reference No:
Agency/Subagency:
EPA/OLEM
Agency Tracking No:
2589.01
Title:
Safe Management of Recalled Airbags (Interim Final Rule)
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
10/26/2018
OIRA Conclusion Action:
Improperly submitted
Conclusion Date:
10/26/2018
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/26/2018
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
6 Months From Approved
Responses
0
0
0
Time Burden (Hours)
0
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
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.
Emergency Justfication:
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.
Authorizing Statute(s):
US Code:
42 USC 2002
Name of Law: Solid Waste Disposal Act
US Code:
42 USC 3001-3004
Name of Law: Solid Waste Disposal Act
US Code:
42 USC 3006, 3010, 3017
Name of Law: Solid Waste Disposal Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
2050-AH02
Final or interim final rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Safe Management of Recalled Airbags
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
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.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Tracy Atagi 703 308-8672 atagi.tracy@epa.gov
Common Form ICR:
No
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:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(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;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
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.
Certification Date:
10/26/2018
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