Here is one FAQ from an Enviro.BLR.com subscriber on what to do with aerosol cans.
Q: Under federal rules, can I collect aerosol cans at a point of generation (as hazardous waste), sort them and puncture any cans that might have fluid, and then recycle those empty cans?
A: Under the federal rules, a steel aerosol can that does not contain a significant amount of liquid meets the definition of scrap metal at 40 CFR 261.1(c)(6) and so would be exempt from RCRA regulation under 40 CFR 261.6(a)(3)(ii) if it is recycled (the scrap metal recycling exemption).
This scrap metal recycling exemption applies to scrap metal that is not excluded under 40 CFR 261.4(a)(13) (e.g. aerosol cans) and exempts the aerosol cans from regulation under 40 CFR 262 through 268, 40 CFR 270, and 40 CFR 124 (the RCRA hazardous waste regulations that would otherwise apply).
The scrap metal recycling exemption also exempts the scrap metal being recycled from the notification requirements of section 3010 of RCRA. Scrap metal being recycled in accordance with the scrap metal recycling exemption of 40 CFR 261.6(a)(3)(ii) does not need to be counted by the generator towards his/her total of how much hazardous waste the generator generates per month (40 CFR 261.5(c)(1)).
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The process of emptying the aerosol cans is part of the scrap metal recycling process and is exempt from RCRA regulation because of the scrap metal recycling exemption at 40 CFR 261.6(a)(3)(ii). EPA recommends that emptying the aerosol cans be conducted in a safe and environmentally protective manner and that any liquids or contained gases removed from the can be properly managed, which may include management as a hazardous waste if the removed liquids or gases are listed hazardous wastes, or if they exhibit any hazardous waste characteristics.
The can does not have to meet the 40 CFR 261.7 definition of "empty" (known as "RCRA empty") as long as it’s being recycled (and not disposed of). If the can does not contain any significant liquids it is exempt as scrap metal. However, to dispose of a can as nonhazardous waste (rather than recycle it), the generator would have to determine whether the can meets the "RCRA empty" definition (or that the product it contained was not hazardous) and that the can itself is not hazardous.
If the can is to be disposed of, rather than recycled, and either contains or is hazardous waste, it must be managed under applicable RCRA hazardous waste regulations.
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Note that state and/or local fire protection codes may have storage requirements for aerosol containers. In addition, some states may have requirements for aerosol can puncturing procedures.
Note also that businesses should contact the scrap metal recycler they plan to use to determine if the recycler has any additional criteria for recycling waste aerosol cans. Some scrap dealers may not accept cans that are not punctured or that are not "RCRA empty."
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires empty pesticide containers be disposed of as per label instructions. If the label states not to puncture the can, then do not puncture. Pesticides include insecticides and herbicides (40 CFR 156).
See tomorrow’s Advisor for more subscriber FAQs on aerosol can disposal.