Effective February 07, 2020, the U.S. Environmental Protection Agency (USEPA) is adding hazardous waste aerosol cans to the universal waste program.  The Final Rule includes the following:

• Defines an aerosol can.
• Includes aerosol cans with existing management standards for other universal wastes.
• Specific regulations for the puncturing and draining of aerosol cans.

The new rule allows for the accumulation, transportation, and on-site management – including puncturing and draining – of hazardous waste aerosol cans as a universal waste.

The purpose of this article is to identify and explain these new regulations and what you must do as a universal waste handler to comply with them.

Before we begin…

As you may note from the date of this article’s publication, it’s written prior to February 07, 2020, before the new rule goes into affect. In order to avoid confusion I will refer to the new rule and its requirements in the present tense, as if they are already in affect. If you are reading this after February 07, 2020, they are.

The regulations and this article refer to both a generator of hazardous waste and a handler of universal waste. A generator of hazardous waste may generate, accumulate on-site for a set period of time, and – in some cases – treat its hazardous waste without a permit so long as it complies with the regulations applicable to its generator status.

A handler of universal waste may solely generate a universal waste or it may receive universal waste from other universal waste handlers, accumulate the universal waste, and then send the universal waste to another handler, a destination facility, or a foreign destination. Handlers do not include facilities that treat, dispose of, or recycle universal waste except as provided in the universal waste regulations and explained later in this article. The regulations identify two different categories of universal waste handler:

• Large quantity handler of universal waste (LQHUW) accumulate on-site 5,000 kg (11,023 lb) or more of all universal waste at one time.
• Small quantity handler of universal waste (SQHUW) accumulate less than 5,000 kg (11,023 lb) of all universal waste on-site at one time.

Interested in site specific training at your site that covers this topic, and more! Ask me about my Onsite Training

As part of this rulemaking, USEPA is also finalizing four (4) technical corrections to the universal waste standards for mercury-containing equipment. Those corrections are made to reflect other changes made by the Generator Improvements Rule. They do not impact universal waste aerosol cans and won’t be addressed in this article.

Scope and Applicability:

These regulations apply to any person who generates, transports, treats, recycles, or disposes of hazardous waste aerosols. They do not – or may not – apply to either of the following:

• A very small quantity generator of hazardous waste (VSQG) has the option to manage aerosol cans as a hazardous waste at its much lower level of regulation at 40 CFR 262.14 or to manage them as a universal waste.
• A household excluded from hazardous waste regulations at §261.4(b)(1).

The effective date for these federal regulations (02.07.20) will apply only to those states lacking authorization under RCRA (Iowa, Alaska, & Puerto Rico). It will also become effective in New Jersey and Pennsylvania since those states – though authorized to operate a state RCRA program – immediately adopt federal RCRA regulations. The effective date in states with an authorized hazardous waste program is more difficult to determine because they are not required to adopt less stringent regulations, such as this new rule. USEPA is “encouraging” those states to adopt this new rule.  Check with your state to be sure.

Several states already manage hazardous waste aerosol cans as universal waste. Their existing programs were used as a model by USEPA in drafting its federal regulations.  States already managing hazardous waste aerosol cans as universal waste are:

• California
• Colorado
• New Mexico
• Ohio
• Utah
• Minnesota has proposed adding aerosol cans to its universal waste program.  It currently allows for the management of waste aerosols and compressed gas cylinders in a manner equivalent to a universal waste.
• Pennsylvania identifies oil-based finishes as a universal waste which may include oil-based finishes in aerosol cans.
• Texas identifies paint and paint-related material as a universal waste which may include paint in aerosol cans.

Daniels Training Services, Inc. 815.821.1550                     Info@DanielsTraining.com https://www.danielstraining.com/

What is an aerosol can?

USEPA has defined an aerosol can consistent with the regulations of the U.S. Department of Transportation (USDOT) in its Hazardous Materials Regulations at 49 CFR 171.8. USEPA defines an aerosol can at 40 CFR 273.9:

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Note the following regarding the USEPA definition of aerosol can:

• It does not include compressed gas cylinders which are not “non-refillable receptacles” nor do they have a “self-closing release device”. Compressed gas cylinders are not eligible to be managed as universal waste under this rule.
• It does not create a specific size limit on aerosol cans.
• It is not limited solely to aerosol cans that dispense product as a spray or foam but includes those that dispense their product in the form of a paste or powder.
• Unfortunately the definition omits – at least according to my reading – aerosol cans that solely discharge air.
  

  Does this expel a liquid, paste, or powder?

Applicability of the universal waste regulations to aerosol cans:

The definition of aerosol can noted above is a beginning. Further clarification of the applicability of the universal waste regulations is required.

Aerosol cans not covered by universal waste regulations:

• Aerosol cans that are not yet discarded and therefore are not yet a waste under the RCRA regulations.
• Aerosol cans that are not a hazardous waste. However, USEPA will allow non-hazardous aerosol cans to be managed as a universal waste (see later in this article).

Q: Why are aerosol cans managed as a hazardous waste?

A:  Aerosol cans frequently contain flammable propellants such as propane or butane which can cause the aerosol can to demonstrate the hazardous characteristic for ignitability (D001).  It is also possible the contents expelled by an aerosol can (distinct from the propellant) may contain materials that exhibit the hazardous waste characteristics of ignitability (D001), corrosivity (D002), reactivity (D003), or toxicity (D004-D043).  And, a discarded aerosol can may also be a P- or U-listed hazardous waste if it contains a commercial chemical product listed at §261.33(e) or (f).

• Aerosol cans that are RCRA Empty per §261.7(b)(2):

A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.

However, USEPA will allow aerosol cans that are RCRA empty to be managed as a universal waste, this includes aerosol cans that have been punctured and drained.(see later in this article).

Also…

• A used aerosol can becomes a waste on the date it is discarded.
• An unused aerosol can becomes a waste on the date  the handler decides to discard it.

Aerosol cans that are covered by the universal waste regulations:

• Aerosol cans that are leaking or damaged. Specific actions a handler must take if an aerosol can shows evidence of leakage will be addressed later in this article.
• Aerosol cans of any type. Though incompatibility of the contents of aerosol cans once punctured and drained is a concern, USEPA is not limiting the types of aerosol cans that may be managed as a universal waste.
• RCRA Empty (including those that have been punctured and drained by the handler) and non-hazardous aerosol cans. Despite being excluded from the universal waste regulations as noted above, USEPA decided to allow their management as universal waste (84 FR 236 at 67210, December 9, 2019):

…a handler is nevertheless allowed under the regulation to manage aerosol cans that meet the empty container standards as universal waste if they would prefer to do so. Likewise, non-hazardous aerosol cans may be managed as universal waste, although they are not required to be managed as such.

So, pretty much any kind of aerosol can may be managed as a universal waste: empty, full, punctured & drained, leaking or damaged, hazardous, non-hazardous, big, small, and with contents of any kind (including pesticides) as long as compatibility is maintained.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste Daniels Training Services, Inc. 815.821.1550 Info@DanielsTraining.com https://www.danielstraining.com/

Management of universal waste aerosol cans:

Under the new rule, the existing universal waste requirements currently applicable to a SQHUW (§273.13) or LQHUW (§273.33) are also applicable to aerosol cans. This article will address solely the universal waste regulations applicable to aerosol cans created by this new rule. Existing universal waste regulations for waste management standards, labeling and marking, accumulation time limits, employee training, responses to releases, requirements related to off-site shipments, export requirements, and the additional notification and tracking requirements for LQHUW remain.

• Aerosol cans must be managed in a way that prevents a release of any universal waste to the environment.
• Universal waste aerosol cans must be accumulated in a container that is:
  • Structurally sound.
  • Compatible with the contents of the aerosol cans.
  • Shows no evidence of leakage, spillage, or damage that could cause leakage under normal conditions.
  • Is protected from sources of heat.
• Pursuant to §273.14 for SQHUW and §273.34 for LQHUW, each aerosol can or the container they are accumulated in must be clearly marked with one of the following:
  • Universal Waste – Aerosol Can(s)
  • Waste Aerosol Can(s)
  • Used Aerosol Can(s)
• Universal waste aerosol cans that show evidence of leakage must be handled in one of the following ways:
  • Packaged in a separate closed container. A cover for a container of universal waste aerosols is not required unless an aerosol can shows evidence of leakage.
  • Overpacked with absorbents.
  • Immediately punctured and drained in accordance with universal waste regulations (explained below).
• As long as each individual aerosol can is not breached and remains intact, a universal waste handler may conduct any of the following activities:
  • Sort aerosol cans by type.
  • Mix intact cans in one container.
  • Remove actuators to reduce the risk of accidental release.

Can I puncture and drain the little devils?

Pursuant to §273.13(e)(4) for SQHUW and §273.33(e)(4) for LQHUW, a universal waste handler may puncture and drain aerosol cans it generates on-site or receives from other off-site handlers under the following conditions:

• The empty punctured aerosol cans must be recycled.
• Requirements for the device used for puncturing and draining aerosol cans includes:
  • Specifically designed to safely puncture aerosol cans.
  • Effectively contain the residual contents.
  • Effectively contain any emissions.

This does not mean the device must be a commercial device or a commercially-manufactured device. A handler may design, construct, and operate their own equipment to puncture and drain aerosol cans as long as it meets the requirements described above.

• Establish and follow a written procedure detailing how to safely puncture and drain the universal waste aerosol cans; to include:
  • Proper assembly, operation, and maintenance of the aerosol can puncture device.
  • Segregation of incompatible wastes.
  • Proper waste management practices to prevent fires or releases (e.g., ensuring that ignitable wastes are stored away from heat or open flames).
• Maintain a copy of the manufacturer’s specification and instruction on site. This is required even if the handler is the manufacturer of the aerosol can puncture device.
• Ensure employees operating the device are trained in the proper procedures of its operation. Proper procedures may be derived from the manufacturer’s specification and instruction.
• Ensure the puncturing of the aerosol can is done in a manner designed to prevent fires and the release of any universal waste to the environment.
  • This includes, but is not limited to, locating the equipment on a solid, flat surface in a well-ventilated area.
• After puncturing, immediately transfer the contents of the aerosol can to a container or tank in compliance with the RCRA regulations applicable to your hazardous waste generator category.
• Conduct a hazardous waste determination on the contents drained from the aerosol can. It is not required to conduct a hazardous waste determination on the emptied aerosol can which must be recycled.
• A written procedure must be in place in the event of a spill or leak.
• A spill clean-up kit must be provided.
• All spills or leaks of the contents of the aerosol cans must be cleaned up promptly.

Q: Is it OK to puncture and drain aerosol cans that contain pesticides subject to regulation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)?  I’m pretty sure the instructions on the label of those aerosol cans prohibit their puncturing.

A: A universal waste handler may puncture and drain aerosol cans that contain pesticides in compliance with the universal waste regulations and pursuant to section 2(ee)(6) of FIFRA.

Like this article? Subscribe to my Monthly Newsletter No marketing emails!

Conclusion:

Q: Why should I manage my hazardous aerosol cans as a universal waste?

A1: Universal waste aerosol cans are not counted towards your hazardous waste generator category.

A2: Universal waste are allowed one year of on-site accumulation.

A3: Universal waste are subject to a level of regulation much below that of a hazardous waste.

Important dates:

• Proposed Rule published in Federal Register March 16, 2018 (83 FR 11654)
• Final Rule published in Federal Register December 09, 2019 (84 FR 67202)
• Final Rule effective: February 07, 2020

For Additional Information:

• Laura Stanley / 703.308.7285 / Stanley.Laura@epa.gov
• Tracy Atagi / 703.308.8672 / Atagi.Tracy@epa.gov

Didja’ know?

• Entities potentially affected by this action include over 25,000 industrial facilities in 20 different industries.
• It is estimated that 7,483 of the entities affected by this action are large quantity generators of hazardous waste.
• This new rule is estimated to result in an annual cost savings of $5.3 million to $47.8 million.
• the Household and Commercial Products Association estimates that 3.75 billion aerosol cans were filled in the U.S. in 2016.
• The Universal Waste Rule went into affect on May 11, 1995.