GNYADA April 2019 Newlsetter

EPA Issues Rule Regarding Recalled Airbags RuLE ExEMPTS DEALERSHIPS FRoM CERTAIN HAzARDouS WASTE MANDATES

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costs into the price of the new tire. An official sign must be posted. Shop Supplies: If your dealership does not include the price of supplies in the repair, you may charge for shop supplies used (nuts, bolts, solvents, cleaners, etc.) if you itemize the cost of each item separately on all estimates and R.O.s and disclose the charges in ads. Preprinted fees or percentage based fees are not approved by DMV. Advertising: If you advertise a price for a service, include any shop fees in your price, or waive them in connection with the advertised offer. Call GNYADA if you need Oil, Tire and Battery disposal signs. They are available at no charge to members. monthly hazardous waste genera- tor quantity. No more than 250 airbag parts may be accumulated at one time and for no more than 180 days. Airbag parts being shipped offsite must comply with hazmat ship- ping rules and be marked “Airbag Waste: Do Not Reuse.” Airbags must be shipped to a facility under a vehicle manufac- turer’s control or otherwise arranged pursuant to a recall, or to a permitted hazardous waste treat- ment, storage or disposal facility. Record Retention Airbag waste shipment records must be kept for at least three years.

DMV’s Repair Shop Regulations require dealers to provide customers with an invoice that contains a list of every part supplied and labor performed, including the cost for each part used on the repair job. used oil: New York Environmental Conservation Law prohibits dealers from charging for waste oil. During regular business hours, dealers must accept up to five gallons of used oil per day from an individual. Dealers are required to post a sign stating “We Accept Used Oil for Recycling at No Charge.” Batteries: New York Law also requires retailers to accept up to two batteries per month from an individual at no charge. Again, a sign is required that states: “It is illegal to The Environmental Protection Agency (EPA) recently published a rule on safe management of recalled airbags. The rule addresses various waste management scenarios that apply to undeployed airbag parts subject to federal safety recalls including those that may not be safe to deploy in a dealership or may be unsuitable for installation in automobiles. The rule aims to help facilitate Takata airbag parts recalls by exempting dealerships from certain hazardous waste management mandates. What does this mean for dealers? Non-Takata recalled and non- recalled waste (“discarded” or no longer suitable for use) airbag modules may be safely deployed onsite and the resulting residue n 8

discard vehicle batteries. State law requires us to accept vehicle batteries at no charge for recycling.” Hazardous Wastes: Be careful not to label your disposal fees as a hazard- ous waste fee. A lot of the waste you are generating is not, and labeling it hazardous could require you to treat it differently. For instance, oil filters are not hazardous waste if properly drained and crushed prior to disposal. Tires: Dealers may not charge for accepting waste tires that are similar in size and quantity to the number of tires purchased by your customer. NYS requires sellers of new tires to collect a $2.50 Waste Tire Fee for every new tire sold. The fee must be itemized on all estimates, R.O.s and in ads. You may incorporate disposal should be recycled along with other scrap metal. Takata-related airbag parts should be managed according to vehicle manufacturer instructions as set out in dealer recall notices. If it’s unclear how a vehicle man- ufacturer wants specific recalled Takata airbag parts handled, the dealer should contact the manu- facturer for clarification. Note: vehicle manufacturers should be compensating their dealers for the cost of proper recalled airbag parts management. NADA’s Dealer Guide to Federal Hazardous Waste Law: Since dealerships are considered “airbag waste handlers” they do not count toward the dealership’s n n

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Rules on Shop Supplies and Waste Disposal Fees

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Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • April 2019

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