AEROSOLS: WHEN CAN I THROW THEM OUT?

AEROSOLS: WHEN CAN I THROW THEM OUT?

I have discussed shipping aerosols under the Department of Transportation in the past,  but I have received inquiries as to when a discarded aerosol can is or is not a Federal hazardous waste under the Environmental Protection Agency Regulations. In a recent seminar in Milwaukee, seminar attendees asked me about the disposal of aerosol cans as hazardous waste. OK, here’s what I found. The Federal Environmental Protection Agency, or more specifically, Jeffrey D. Dent, EPA’s Acting Director of the Office of Solid Waste, in his October 7, 1993 letter to the Chemical Specialties Manufacturers Association, discusses residential aerosol cans, which are exempt from the Federal Hazardous Waste Regulations as household waste. However, in the second part of his letter he discusses commercial and industrial aerosol can disposal

RECYCLED AEROSOL CAN

Concerning  recycled aerosol cans meeting the characteristic of reactivity, the letter states, “The Agency is not able to determine whether various types of cans that may have contained a wide range of products are reactive. However, a steel aerosol can that does not contain a significant amount of liquid would clearly meet the definition of scrap metal under 40 CFR 261.1(c)(6), and thus, would be exempt from the RCRA regulations under 40 CFR 261.6(a)(3)(iv) if it were to be recycled. Therefore, any determination of reactivity or any other characteristic would not be relevant.” The key to this paragraph seems to be the statement that the “aerosol can does not contain a significant amount of liquid.” And that is why the letter goes on to state, “aerosol cans that have been punctured so that most of any liquid remaining in the can may flow from the can (e.g., at either end of the can) and drained (e.g., with punctured end down), would not contain significant liquids.” Even though the empty aerosol cans could be exempt for scrap steel recycling under the 261.6 requirements for recycling materials, the agency recommends activities be conducted in a safe and environmentally protective manner and that care be taken to properly manage any content removed from the containers, both liquid and gases, as these may be subject to the regulations as hazardous waste. Based on that, even though any liquids or vapors removed from the aerosol cans could be considered hazardous waste, if an aerosol can that has been punctured and had its contents, whether liquid, solid or vapors, removed and captured, then the remaining punctured can would be scrap metal and if recycled, would not be a hazardous waste.

IS IT A JUST A COMPRESSED GAS OR IS IT AN AEROSOL

This is why it’s important to know the difference between an aerosol and a compressed gas. Aerosols are liquid or solid materials in a can that are expelled by a compressed gas. Compressed gases are just that – gases under pressure

EMPTY CYLINDER

Section 261.7 Residues of Hazardous Waste in Empty Containers states, “A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.” Cylinders of non-flammable and non-poisonous gases at the point where the gas’s pressure is equal to the ambient pressure would not be considered EPA hazardous waste

LIQUIDS AND SOLID

If the hazardous waste is not an acute hazardous waste nor in the State of California,  Section 261.7 states that the container is empty if “all wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating, and no more than 3 percent by weight of the total capacity or 2.5 centimeters (one inch) of residue remains on the bottom of the container or inner liner if the container is less than or equal to 119 gallons in size. If it is greater than 119 gallons, no more than 0.3 percent by weight of the total capacity of the container can remain in the container or inner liner.

ACUTE HAZARDOUS WASTE

However, a container or an inner liner removed from a container that has held acute hazardous wastes in 261.31 or 261.33(e) is considered empty if: 1) the container or inner liner has been triple rinsed using a solvent capable of removing the hazardous waste, 2) the container or inner liner has been cleaned by the generator, using another method, to achieve equivalent removal, or 3) in the case of a container, the liner has been removed

AEROSOLS CANS

Since an aerosol is a liquid or solid material expelled by compressed gas, before disposing of an aerosol can you would have to consider two empty container requirements: 1) Gas container requirements for the gas inside the aerosol can, that is until the non-poisonous, non-flammable gas pressure approaches atmospheric, and 2) the liquid and solid empty container requirements in 261.7 for any liquid or solid materials left inside that non-pressurized aerosol can or container. If the gas in an aerosol can reached atmospheric pressure, then any remaining uncompressed non-flammable, non-poisonous gas would not be regulated as a hazardous waste.  That is if ALL of the liquid or solid material were expelled. Unfortunately, some aerosols often reach atmospheric pressure before all of the liquid or solid material is expelled from the can. But it would be a  different story if the pressure in the aerosol can were depleted and the aerosol can still contained a liquid or solid material. The hazardous waste generator would have to ensure that the contents did not meet a characteristic of hazardous waste in Subpart C of the Hazardous Waste Regulations: Ignitable, Corrosive, Reactive or Toxic. Because if the contents were over one inch or 2.5 cm, and met one of the four hazardous waste characteristics, the container and contents would be considered hazardous waste.

At least, this is the way I see it. If you disagree or want to add something, let me know. Thank you for your input, readership and support