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GENERAL SECTION
Aerosol Cans: A Hazardous Waste?
Most of us have a few aerosol cans of cleaner, paint or lubricant sitting around our home or garage. Eventually, they lose their propellant or we “empty” them. We must then throw them away. State and federal regulations allow for the disposal of such wastes with our other household trash items. But what must be done with empty aerosol cans generated by commercial and industrial facilities? In certain circumstances these seemingly innocuous wastes can be considered hazardous.
OVERVIEW
Pressurized substances contained within aerosol cans, such as paint or lubricant, may display characteristics of hazardous waste such as reactivity or flammability. Therefore, aerosol cans have the potential to be considered hazardous wastes if not handled properly.
In an October 7, 1993 letter to the Chemical Specialties Manufacturing Association, the USEPA provided guidance on how to deal with these wastes. According to this guidance, an aerosol can that does not contain a significant amount of liquid would meet the definition of a scrap metal under 40 CFR 261.1(c)(6). Scrap metals are exempted from regulation under RCRA as per 40 CFR 261.6(a)(3)(iv) if they are recycled.
Ensuring that an aerosol can does not contain a significant amount of liquid generally involves puncturing and draining the can. According to the USEPA letter, “aerosol cans that have been punctured so that most of any liquid remaining in the can may flow from the can (e.g., at either end of the can), and drained (e.g., with punctured end down) would not contain significant liquids.” As the process of emptying the aerosol cans is part of a recycling process, the activity is exempt from RCRA regulation under 40 CFR 261.6(c) [except for RCRA permitted recycling facilities as specified under 40 CFR 261.6(d)].
Materials removed from aerosol cans may be subject to regulation as hazardous wastes if they are listed in Subpart D of 40 CFR Part 261 or if they exhibit any characteristics of hazardous waste as described in Subpart C of 40 CFR 261.
How does the RCRA “empty” exemption of 40 CFR 261.7 apply to aerosol cans? If the aerosol cans are being recycled, there is no need to determine if they are “RCRA empty.” As long as the can does not contain significant liquids, the can is exempt as scrap metal, according to the USEPA. However, if the can is going to be disposed with nonhazardous waste and NOT recycled, the generator would have to determine if the can is “RCRA empty” or that the material contained in the can was nonhazardous.
SUMMARY
In summary, empty aerosol cans that do not contain a significant amount of liquid and are recycled are exempt from hazardous waste requirements. However, if the aerosol cans are not recycled, the generator must determine if the cans are RCRA empty prior to disposal. In either case, the appropriate disposal of drained liquids as hazardous waste or nonhazardous waste (depending on the product) must be considered. If you would like assistance in developing a waste management and recycling plan for your facility, please contact Emily Rynders or
Tony Domanico at (513) 489-2255 or toll free at (800) 229-1443 or e-mail us at ear@paynefirm.com or aid@paynefirm.com. This Environmental Edge and past topics are available on our web site at www.paynefirm.com.
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