Final Rule Update: Aerosol Cans are added to the Universal Waste Program

The final rule will be effective on February 7, 2020.

On December 9th, 2019, the EPA published its Final Rule to add aerosol cans to the Universal Waste program under the Federal Resource Conservation and Recovery Act (RCRA). This change will give the establishments generating and managing hazardous waste aerosol cans a clear system for managing discarded aerosol cans. These regulations are expected to ease regulatory burdens on those who discard hazardous waste aerosol cans and promote the recycling of these cans.

Before this rulemaking goes into effect, many waste aerosol cans are considered hazardous waste and have been subject to the full RCRA Subtitle C hazardous waste management requirements. Aerosol cans are widely used for dispensing a broad range of products including paints, solvents, pesticides, food and personal care products. They are often designated as hazardous due to the contents and/or propellant.

Adding aerosol cans to the universal waste program offers potential cost savings and will simplify requirements for generators who currently manage aerosols under a patchwork of State-level laws, Federal regulations, policies, and guidance documents. This final rule will impact those who generate, transport, treat, recycle or dispose of hazardous waste aerosol cans. Entities potentially affected by this action include over 25,000 industrial facilities in 20 different industries.

Much of the new rule concerns the practice of puncturing and draining used aerosol cans.  It is also important to note that waste aerosol cans containing pesticides will continue to be subject to FIFRA.

The EPA believes that adding aerosol cans to the list of universal wastes will make the collection and transportation of this waste easier and will reduce the amount of aerosol cans disposed in landfills. ESC’s highly trained consultants are up to date on the latest environmental rules and regulations. If you have questions about this final rule and how it affects your facility, call us at 215-731-4200 or email us at info@envirostrat.com.