NY Adds Aerosol Cans, Paint as Universal Wastes

Posted on 5/30/2023 by Lion Technology Inc.

New regulations adding hazardous waste aerosol cans and paint to the New York State universal waste program will be effective and available for the regulated community to use as of July 8, 2023.

The rule should provide flexibility and potential cost savings for generators who currently manage these items according to strict Federal RCRA and New York State regulations for hazardous waste.

Aerosol cans and certain paints join batteries, certain pesticides, thermostats and other mercury-containing equipment, and lamps on the state universal waste list in New York.

NY Adds Aerosol Cans, Paint as Universal Wastes

New York: Universal Waste Aerosol Cans and Paint

To accommodate two new listings, the Rule updates the definition of universal waste in 6 NYCRR 370.2, adding the following:

• (v) aerosol cans as described in section 374-3.1(f) of this Title; and
• (vi) paint as described in section 374-3.1(g)

The rule adds definitions for aerosol can and paint, and defines two terms that are included in the definition of "paint," architectural coatings and structural coatings.

The New York rule also amends Subpart 374 to add standards for handling these wastes properly as universal waste. For hazardous waste aerosol cans, NYSDEC adopted the Federal Aerosols Can Universal Waste Rule, with a few state-specific (and stricter) provisions added on.

Management standards for universal waste paint include considerations like keeping containers out of the heat, secondary containment, labeling containers and storage areas, and providing training to all employees who handle or have responsibility for universal waste paint.

More About the Rule

For the full details about the Final Rule, which takes effect on July 8, 2023, visit NYSDEC's dedicated webpage or view the agency's "Express Terms," available here.

View the rule announcement in the May 24 NY State Register

New York Hazardous Waste Management Training

Join an expert Lion instructor for live training when Lion presents the next New York Hazardous Waste Management Webinar on June 29. The one-day webinar is designed to help satisfy NYSDEC's annual training mandate for hazardous waste personnel and covers the latest unique, additional hazardous waste management requirements for generators in New York State.

Can't join us live? This training is also available in a self-paced online course format.

Tags: aerosols, hazardous waste, New York, paint, universal waste

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