EPA's plan to list aerosol cans as universal waste was announced in last week's Environmental Tip of the Week. In this week's tip, we include the details of the proposal, which was published in the March 16, 2018 Federal Register. The proposed rule would add aerosol cans to the existing universal waste requirements currently applicable to small quantity handlers of universal waste (SQHUWs) and large quantity handlers of universal waste (LQHUWs) would also be applicable to handlers of discarded aerosol cans. For both SQHUWs and LQHUWs, the rules for labeling and marking, accumulation time limits, employee training, response to releases, requirements related to off-site shipments, and export requirements would be similar to the rules other universal wastes.
For the labeling requirement, EPA has proposed that either each aerosol can, or container in which the aerosol cans are contained, be labeled or marked clearly with any of the following: "Universal Waste--Aerosol Can(s)," "Waste Aerosol Can(s),'' or "Used Aerosol Can(s)." In addition, universal waste aerosol cans would be required to be managed in a manner designed to prevent releases to the environment. This includes accumulating universal waste aerosol cans in containers that are structurally sound and compatible with the contents of the can, and show no evidence of leaks, spills, or damage that could cause leaks under reasonably foreseeable conditions. EPA will allow aerosol cans to be sorted by type and consolidated while intact into larger containers. It will be ok to remove actuators to reduce the risk of accidental release, and under certain conditions, puncturing and draining of aerosol cans that are being recycled will be allowed if performed as part of the recycling process (e.g., scrap metal recycling).
The proposal would require generators that puncture their cans to establish a written procedure detailing how to safely puncture and drain universal waste aerosol can (including operation and maintenance of the unit; segregation of incompatible wastes; and proper waste management practices to prevent fires or releases), and ensure employees operating the device are trained in the proper procedures. At minimum, EPA has proposed that the written procedure address the operation and maintenance of the unit including its proper assembly; segregation of incompatible wastes; and proper waste management practices, (e.g., ensuring that flammable wastes are stored away from heat or open flames). In addition, EPA has proposed that the contents from the cans be immediately transferred from the waste aerosol can, or puncturing device if applicable, to a container or tank and that the contents are subject to a hazardous waste determination under 40 CFR 262.11. The handler would then become the hazardous waste generator of the hazardous aerosol can contents and would be required to manage those waste in accordance with applicable RCRA regulations.
The proposed rule would also require that a written procedure be in place in the event of a spill or release and a spill clean-up kit should be provided. All spills or leaks of the contents of the aerosol cans should be cleaned up promptly. The proposal notes that all puncturing, waste collection, and disposal, must be conducted in compliance with all applicable federal, state and local waste (solid and hazardous waste) and occupational safety and health laws and regulations.
In addition, EPA requested comment on establishing further limitations on puncturing and draining of aerosol cans, similar to limitations that have been established by state waste management programs either through regulations or guidance. Many states have issued guidelines for puncturing and draining aerosol cans under their hazardous waste program. Some state guidelines recommend against the generator puncturing and draining certain types of aerosol cans due to the possible incompatibility with the puncturing and draining equipment or the contents of other cans being drained, or due to the hazardous nature of the contents. Examples include cans containing ethers including ethyl ether, chlorinated compounds, pesticides, herbicides, freons, foamers, corrosive cleaners, and unknowns. EPA also requested comment on establishing additional regulatory requirements for can draining devices and limits on aerosol cans that may pose compatibility problems and that may be punctured and drained under the proposed rules.
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Read more of Update on Aerosol Cans - Universal Waste Rule.
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