Understanding the New Aerosol Rule

Aerosol cans have been a part of our lives for nearly 100 years. From spray painting furniture to styling our hair, these cans are a product of convenience. Yet, the concept of an aerosol can dates back to the late 1700s. Patents for them began to appear in the 1800s, in which the cans were pressurized at first by chemicals and then by gases. The modern version of the spray can is attributed to Eric Rotheim. In 1927, the Norwegian engineer invented a can and valve as a propellant system. From there, the aerosol can took on a new shape with a better propellant system for dispersing a liquid, power or paste. However, these cans produce a waste which is detrimental for the environment. Recently, the EPA finalized a rule that reclassifies aerosol can wastes in regards to recycling practices.

The New Aerosol Can Rule 

Last November, the Administrator of the U.S. Environmental Protection Agency (EPA) drafted a 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.

What Does this Mean for You? 

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. Also, 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) and 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).

To learn more, email us at info@elkenv.com.