Search

EPA Proposes Adding Aerosols to Universal Waste Program

Posted on 3/9/2018 by Roger Marks

Aerosol_Cans_168821852.JPG(UPDATE 11/25/2019) A pre-publication version of EPA's Final Rule to add aerosol cans to the universal waste programs is now available. 
Read the Final Rule. 


(UPDATE 03/19/18) EPA's proposal to add hazardous waste aerosol cans to the RCRA universal waste program appeared in the Federal Register on Friday, March 16. 

US EPA has signed a proposed rule to expand its RCRA universal waste program to cover hazardous waste aerosol cans.

Adding aerosol cans to the universal waste program may simplify things for generators—who currently manage aerosols under a patchwork of State-level laws, regulations, policies, and guidance documents. However, as with all new Federal environmental reliefs, authorized States may now choose to adopt the new universal waste rules into their State programs (or not).

For individual facilities, managing hazardous waste aerosol cans as universal waste could result in a change in generator status (from large to small or from small to very small).


Proposed Universal Waste Requirements for Aerosol Cans

The proposed rule adds a definition for “aerosol can” at 40 CFR 260.10 to read “an intact container in which gas under pressure is used to aerate and dispense any materials through a valve in the form of a spray or foam. It also adds “(5) Aerosol cans described in 273.6 of this chapter” to the definition of Universal Waste.

The proposed rule would also explicitly allow universal waste handlers to “treat” cans on-site using a commercial puncturing or crushing device specifically designed for that purpose. To take advantage of this relief, handlers must “establish a written procedure detailing how to safely puncture and drain universal waste aerosol cans…” and follow other rules.

Steel_PlasticDrum_Universal_Waste2.jpgDespite the reliefs proposed here—facilities still must meet the universal waste marking and labeling, employee training, release response, and other requirements found in 40 CFR 273. These rules apply to both large quantity and small quantity handlers of universal waste.

Large quantity universal waste handlers—those that handle 5,000 kilograms or more of universal wastes—are also responsible for tracking universal waste shipments per 40 CFR 273.39.


Background on RCRA Universal Waste Rules

Created in 1995, EPA’s universal waste rules provide a streamlined hazardous waste management system for common industrial wastes like batteries, pesticides, mercury-containing equipment, and lamps. The universal waste standards allow generators to escape the full burden of RCRA Subtitle C hazardous waste requirements that would otherwise apply. EPA estimates in its proposal that 18,000 facilities in 18 industries will benefit from the relaxed standards for managing aerosols.

Aerosol cans are common at modern industrial facilities. They contain paint, lubricants, glues, pesticides, and many other chemicals that may be hazardous—not to mention the propellant that makes the can spray, which itself may be hazardous. The wide variety of aerosol cans at a typical facility, the different products they contain, and other unique qualities have made aerosols a challenge to manage under the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations.


Advanced RCRA in Salt Lake City! March 14.

rcra_recycling_newsletter.jpgThe Advanced RCRA Hazardous Waste Management Workshop brings together experienced environmental professionals to explore methods to minimize waste, control pollution, and find relief from burdensome RCRA requirements.

Join your peers to discover new ways to cut costs without running afoul of the hazardous waste regulations and limit your exposure to liability under programs like CERCLA.
 
Don’t miss the Advanced RCRA workshop when it comes
to Salt Lake City for the only time this year, on March 14.
 

Learn the New RCRA Rules

From stricter contingency planning and reporting responsibilities to updated container labeling rules, re-organized generator regulations, new reliefs, and more—find out what to expect when your state adopts EPA’s “Generator Improvements Rule.”

You will leave with answers and resources that simplify the day-to-day job of environmental compliance. Sign up now. 
 
 

Tags: hazardous, hazardous waste management, new rules, RCRA, universal waste, waste

Find a Post

Compliance Archives

Lion - Quotes

Amazing instructor; real-life examples. Lion training gets better every year!

Frank Papandrea

Environmental Manager

I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.

Danny Province

EHS Professional

Best course instructor I've ever had. Funny, relatable, engaging; made it interesting and challenged us as the professionals we are.

Amanda Schwartz

Environmental Coordinator

If I need thorough training or updating, I always use Lion. Lion is always the best in both instruction and materials.

Bryce Parker

EHS Manager

The course is well thought out and organized in a way that leads to a clearer understanding of the total training.

David Baily

Hazmat Shipping Professional

More thorough than a class I attended last year through another company.

Troy Yonkers

HSES Representative

We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training.

Timothy Mertes

Hazmat Shipping Professional

Our instructor was very dynamic and kept everyone's interest. Hazmat shipping can be a dry, complicated topic but I was engaged the entire time.

Kimberly Arnao

Senior Director of EH&S

Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.

John Hutchinson

Senior EHS Engineer

Much better than my previous class with another company. The Lion instructor made sense, kept me awake and made me laugh!

Marti Severs

Enterprise Safety Manager

Download Our Latest Whitepaper

Decrease spill, release, and injury risk and increase savings with these "source reduction" strategies to prevent unused chemicals from becoming regulated as hazardous waste.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.