• Elk Environmental Services

New Rule took Effect: February 7, 2020

Do you know what is required under the new rule?

Defining Aerosol Cans:

The EPA defines aerosol cans in 40 CFR 260.10 and 273.9 as a non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

EPA’s goal is to:

  • Ease regulatory burdens on retail stores and others that discard aerosol cans
  • Promote the collection and recycling of aerosol cans
  • Encourage the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills or combustors

What does this mean?

On November 15, 2019, the Administrator of the U.S. Environmental Protection Agency (EPA) signed a final rule to classify and regulate hazardous aerosol can wastes as “universal wastes” under the federal Resource Conservation and Recovery Act (RCRA) hazardous waste rules. This final rule became effective on a federal level on February 7, 2020 and The Commonwealth of Pennsylvania has incorporated by reference this new federal rule under 25 Pa Code 266b.1.

Under the new rule, hazardous aerosol can wastes will be subject to substantially reduced requirements for collection and transport, in order to facilitate and encourage environmentally sound recycling or disposal. However, the ultimate recycling and disposal facilities will remain subject to essentially the same requirements as currently apply.

The final rule builds on existing universal waste requirements for other hazardous wastes, such as batteries, lamps, mercury-containing equipment, and certain pesticides under 40 CFR Part 273. Among other things, the aerosol can wastes will no longer have to be labeled as hazardous wastes (although they will be subject to reduced marking requirements to be outlined in 40 CFR 273.14 and 273.34), and they may be stored for up to one year or even longer in some cases (rather than just 90 days for large quantity generators or 180 days for small quantity generators).

All aerosol wastes will remain subject to applicable requirements under the U.S. Department of Transportation (DOT) Hazardous Materials Regulations (HMR) (although under those rules, if aerosol cans are classified as universal wastes, they will not be subject to the enhanced DOT requirements that normally apply to RCRA hazardous wastes).

For more information email: info@elkenv.com