By Michael Harding In 2019, the U.S. EPA published a final rule which added Aerosol Cans to the Universal Waste Regulations. The rule became effective on February 7, 2020 at the federal level and in some states. It is important to note that states are not required to adopt these changes since they are less stringent than the previous requirements. However, many states, including Indiana, have chosen adoption of these provisions into their own regulations or have announced timelines for adoption. In November 2020, Indiana became one of the most recent states to adopt these changes, which became effective on February 14, 2021.  See figure 1 for the status of other states.

What are the management requirements for generators of universal waste aerosol cans?

For Small Quantity Handlers of Universal Waste (SQHUWs), universal waste aerosol cans are subject to the normal requirements including labeling and marking, accumulation time limits, employee training, responses to releases, requirements related to off-site shipments, and export requirements.  For Large Quantity Handlers of Universal Waste (LQHUWs), additional notification and tracking requirements apply. For labeling, each can, or the container in which the aerosol cans are contained, must be labeled with one of the following phrases: “Universal Waste—Aerosol Can(s),” “Waste Aerosol Can(s),” or “Used Aerosol Can(s).” The additional management requirements for aerosol cans include protecting the can from sources of heat and storing them in containers designed to prevent releases to the environment, meaning ones that:
        • Are structurally sound
        • Are compatible with the contents of the can
        • Show no evidence of leaks, spills, or damage that could cause leaks
EPA requires universal waste aerosol cans that show evidence of leakage to be packaged in a separate closed container or overpacked with absorbents, or immediately punctured and drained in accordance with the aerosol can universal waste requirements.

Can I still puncture and drain aerosol cans?

Facilities are still permitted to puncture and drain the aerosol cans provided they adhere to specific management standards, including:
        • Empty punctured cans must be recycled.
        • Puncturing and draining activities must be conducted by a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions.
        • A written procedure must be established and followed detailing how to safely puncture and drain the cans, and must address the following:
          • Operation and maintenance of the unit, including its proper assembly
          • Segregation of incompatible wastes
          • Proper waste management practices, such as ensuring the ignitable wastes are stored away from heat and open flames
        • Maintain a copy of the manufacturer’s specifications and instructions on site.
        • Ensure employees operating the devices are trained in the proper procedures.
        • Puncture cans in a manner designed to prevent fires as well as release of the contents to the environment (including locating the equipment on a solid, flat surface in a well-ventilated area).
        • Immediately transfer the contents from the can or puncturing device to a container or tank.
        • The contents transferred to a container or tank are subject to a hazardous waste determination under 40 CFR 262.11.
        • A written procedure must be in place in the event of a spill or leak.
        • A spill clean-up kit should be provided.
It is important to note that if the drained contents are hazardous waste, those wastes must be managed in accordance with any applicable RCRA regulations.

What about waste aerosol cans generated at VSQGs or households?

Very Small Quantity Generators (VSQGs) of hazardous waste and households continue to be exempt from most hazardous waste and universal waste regulations. However, one of the goals of the regulation is to divert hazardous waste, including aerosol cans, away from municipal landfills. EPA believes the collection of aerosol cans for disposal under the universal waste provisions will be more economical for these types of generators and will lead to more collection for hazardous waste disposal, leading to a reduction in the municipal landfill. The agency also has plans to specifically encourage VSQGs and households to participate in aerosol can collection programs.  As with other applicable wastes, managing aerosol cans under the universal waste requirements could be beneficial for VSQGs since those cans would not be required to be included in the facility’s determination of their hazardous waste generator status.

Further Information

If you have questions or would like further information regarding implementing a universal waste program for aerosol cans, Cornerstone’s waste team is able to assist. We provide compliance consulting services to clients in 42 states and are able to support your organization in complying with the newer management standards (including for puncturing and draining aerosol cans) and applicable regulations within your state.  
Michael Harding works as an Environmental Specialist for Cornerstone and is a Certified Hazardous Materials Manager (CHMM).  His expertise includes facility compliance assessments; air permitting, recordkeeping and reporting; chemical management and reporting projects; hazardous waste consulting; and facility water regulatory compliance.    Sources:
  • 84 FR 67202 (Pages 67202-67220)
  • Indiana Department of Environmental Management, Environmental Rules Board Packets
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