February 2020

As a reminder – a large number of the requirements of the Generator Improvement Rule from last year go into effect on USEPA’s New Aerosol Can Universal Waste Rule became effective federally today – 2/7/20 but:

• The rule will be in effect in the federally run states of Alaska, Iowa, New Jersey and Pennsylvania (early adopters) immediately.
• The other states, due to their authorized under RCRA status, will need to adopt the rule in order for it to be in effect in their respective state.
• Individual State adoption will be the key factor for implementation of the rule. As you may imagine, many Universal Waste shipments cross state lines. Both the state where the Aerosols are ”generated” and the state where they are shipped to for management must have adopted the rule in order for Aerosols to be managed as Universal Waste.
• Also keep in mind that each state can adopt the rule in whole or portions thereof.
• WTS will continue to monitor state adoption and keep our stakeholders advised.
• Prior to this new rule, 5 states – California, Colorado, New Mexico, Ohio and Utah – already considered aerosol cans as Universal Waste. Those states will review the new rule and may adopt it in whole or they may modify their existing state rules to be in alignment with the new federal rule or they may elect to keep their existing state rule (if more stringent) in effect.

Some highlights of the new federal Aerosol Can Universal Waste Rule:

• Both intact and leaking Aerosol Cans can be managed as Universal Waste
• Benefits include longer on site storage times, when managed as Universal Waste aerosols will not count towards amount of hazardous waste generated on site and manifest free shipments
• Intact UW Aerosol Cans must be placed in containers that are structurally sound, compatible with their contents, have no signs of distress and are protected (stored away from) sources of heat.
• Leaking UW Aerosol Cans must be placed in a separate closed container and packed with absorbents.
• Containers for either intact or leaking UW Aerosol cans need to be marked with:
  • Universal Waste – Aerosol Cans or
  • Waste Aerosol Cas or
  • Used Aerosol Cans
• You may mix various types of intact aerosols cans (different products) in the same container.
• All of the standard Universal Waste Management standards (accumulation times, record keeping) are also in place under the new rule.
• Puncturing of aerosol cans is allowed as long as the emptied cans are recycled not disposed of.
• Residues from the puncturing need to be managed as Hazardous Waste if applicable.
• The rule also addresses types of aerosol puncturing devices, operating the same, residue management, documentation and training requirements.