What is driving this change????

1. Universal Waste (Aerosol Cans) vs. Hazardous waste – Proposed Rule (83 Fed. Reg. 11654 (March 16, 2018) What is driving this change???? Rule Summary Aerosol cans are widely used for dispensing a broad range of products including paints, solvents, pesticides, food and personal care products, and many others. The Consumer Specialty Products Association (CSPA) estimates that 3.82 billion aerosol cans were filled in the United States in 2015 for use by commercial and industrial facilities as well as by households. Aerosol cans can account for nearly 40 percent of items that are managed as hazardous waste at large facilities. EPA is proposing to add hazardous waste aerosol cans to those “universal wastes” regulated under title 40 of the Code of Federal Regulations (CFR), part 273. This change in the Resource Conservation and Recovery Act (RCRA) regulations, once finalized, will reduce regulatory costs of a wide variety of establishments generating and managing aerosol cans, by providing a clear, practical system for handling discarded aerosol cans.

2. Universal waste vs. hazardous waste what is the difference??? • Currently the U.S. EPA regulates nonempty aerosol cans as RCRA hazardous wastes in the same manner as other hazardous wastes; that is, hazardous waste aerosol cans are basically subject to the same requirements as drums of hazardous waste, including limitations on accumulation time and volume. • Small Quantity Generator - is 180 Days and a total volume NTE 2200 Lbs. • Large Quantity Generator – Total volume is unlimited, however storage is reduced from 180 to 90 days. There are also many more manifesting, response training and disposal requirementsfor LQG. • Aerosol cans are currently regulated as hazardous waste when discarded, because propellant in the cans may be flammable (i.e., an ignitable characteristic hazardous waste) and/or the contents of the cans contain P- or U- listed chemicals regulated as hazardous wastes. • With the proposed change, aerosol cans can be excluded from the definition of hazardous waste, but only if they meet certain strict requirements.

3. HazWaste products already treated as universal wastes • Hazardous waste batteries, certain hazardous waste pesticides, mercury-containing equipment, and hazardous waste mercury lamps are already regulated as Universal Wastes. • In general, materials managed as universal waste can be stored for 1 year or longer, and do not require a manifest when shipped, provided they are properly labeled, packaged and stored. • Universal wastes also do not need to be counted toward a hazardous waste generator’s inventory for the purpose of determining whether the generator is classified as a very small quantity generator, small quantity generator, or large quantity generator. Does this new rule apply to aerosol cans that contain product, or Aerosol cans that have been punched? Currently, punctured, empty aerosol cans that are recycled are exempt from RCRA regulation if the puncturing is performed as part of a recycling process, and many companies have invested in can puncturing equipment to render aerosol cans “RCRA-empty” and thus, the cans (not the “drained contents”) are considered exempt from hazardous waste rules. As suggested above, however, in the future, where puncturing and draining would render cans empty, they would not be subject to Universal Waste rules. The issue of whether “puncturing” by the generator (versus the waste handler) is hazardous waste treatment can vary from state to state, and the proposed rule does not provide clarity for generators.

4. Advantages of Disposing as a UW vs. HW • Storage limit increased to one year or more • Does not contribute to total storage limit of hazardous waste generator • No manifest requirements (proper labeling still apply) • Generating employees do not require RCRA training