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Claim Your Free Copy of Recordkeeping for EHS Managers

One of the most tedious aspects of an EHS manager’s job is to keep track of a host of records. Laws have been passed in every jurisdiction requiring facilities to produce and retain records of various kinds. Don’t get caught without the necessary records in the event of a surprise EPA or OSHA inspection! This special report shows EHS managers at a glance the records they must keep on hand and for how long.

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This special report contains a recordkeeping checklist to help you keep track of your records for major environmental laws and OSHA’s Hazard Communication Standard.

Also included are 3 useful tables which provide:
  • A summary listing of federal environmental recordkeeping requirements
  • A list of federal safety recordkeeping requirements.
  • A list of federal recordkeeping requirements for DOT and the Department of Homeland Security as they apply to hazardous material transporters and chemical facilities.
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August 04, 2014
Aerosol Can Disposal: Are You Following Your State's Requirements?

Environmental regulatory agencies frequently receive questions from managers about what to do with aerosol cans that are no longer used. While federal RCRA regulations certainly apply to aerosol cans that contain hazardous waste, many states have adopted their own approaches to aerosol can disposal. For example, some states, such as Colorado, treat aerosol cans containing product as universal waste. In Wisconsin, according to the regulatory analysis on Enviro.BLR.com®, there are special requirements for “empty” aerosol cans. So, it’s essential that you contact your state agency to learn about your state's requirements for aerosol can disposal.

For a Limited Time receive a FREE EHS Report "Inspection Requirements for EHS Managers." This special report will help you prepare for and handle visits from agency inspectors, respond to violation notices, and more. Download Now
Avoid the need for aerosol can disposal altogether with these easy ideas on reducing aerosol can use at your facility.

Here are a few points derived in part from federal regulations that many states have incorporated into their rules for aerosol can disposal:

  • Aerosol can disposal from households is easy because the cans are not a regulated hazardous waste. Since the regulatory status of a waste is determined at the point of generation (the household), the waste remains nonhazardous once it comes into the possession of the local waste collection department.
  • For aerosol can disposal as nonhazardous waste, a generator would have to ensure that the can is empty (either through use or by puncturing and emptying), or that the product it contained was not hazardous, and that the can itself is not hazardous (i.e., does not meet the reactivity or explosiveness characteristic). EPA's definition of an empty container under 40 CFR 261.7 applies to aerosol cans. Specifically, an aerosol can is empty if:
    • All wastes have been removed that can be removed using practices commonly employed to remove materials from that type of container (e.g., pouring, pumping, and aspirating).
    • The container is less than or equal to 119 gallons in size no more than 2.5 centimeters (1 inch) of residue remain on the bottom of the container or inner liner, or no more than 3 percent by weight of the total capacity of the container remains in the container or inner liner.
    • The pressure in the container approaches atmospheric for cans that held a hazardous waste that is a compressed gas.
    • For aerosol cans that held an acute hazardous waste, the container has been triple-rinsed using a solvent capable of removing the commercial chemical product or cleaned by another method that achieves equivalent removal. If the can contained a liner that prevented contact of the substance with the can, the can is empty when the liner has been removed. Since triple-rinsing and removing the liner are impractical for aerosol cans, disposal as a hazardous waste may be the only feasible option.
  • A steel aerosol can that does not contain significant liquid would meet the definition of scrap metal and, if it is to be recycled, would be exempt from regulation. In this case, the can would not have to be empty. However, for aerosol can disposal as a nonhazardous waste, the can must be empty. Hazardous waste removed from the can is subject to hazardous waste regulations regardless of whether the can is recycled or disposed of.
  • Managers must determine whether the contents in a clogged or off-specification can (i.e., cans that contain significant amounts of liquid) are a hazardous waste. Some states will allow you to dispose of a specified number of nonempty aerosol cans containing hazardous waste per month without being subject to hazardous waste regulations. However, most landfill and incinerator operators will not accept nonempty aerosol cans even if the liquid is nonhazardous. Arrangements may need to be made with a waste disposal company.
  • If you intend to puncture, shred, or crush an aerosol can, you may be required to use equipment designed for emptying aerosol cans, which prevents releases of hazardous air pollutants. If the activity is part of recycling, it is not considered treatment and not subject to hazardous waste regulations. But if you intend to dispose of the cans, you may be subject to hazardous waste treatment regulations.

Based on these and other regulatory concerns about aerosol can disposal, some regulatory agencies suggest that businesses phase out their use of these devices and replace them with reusable spray bottles.

Again, if you are unsure about how aerosol can disposal is regulated, contact your state solid waste office or the EPA regional office to learn the applicable requirements.

Some states offer guidance on proper aerosol can disposal:

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Recordkeeping for EHS Managers