Disposing of Used Aerosol Cans

What should I do with the used aerosol cans generated at my facility? Are they regulated as a hazardous waste?

This is a common question from companies generating used aerosol cans from their operations. First, federal hazardous waste regulations certainly apply to aerosol cans that contain hazardous waste. Many states have adopted their own approaches to aerosol can disposal. So it is important to consult state regulators to learn about their requirements for aerosol can disposal. Second, used aerosol cans generated by a residential household are excluded from the definition of hazardous waste (40 CFR 261.4(b)(1)). Therefore, aerosol cans generated by households are not regulated as hazardous wastes. This special exclusion attaches at the point of generation (i.e. household), so how you manage your used aerosol cans at home is different from how you should manage them at a commercial or industrial facility. 

Commercial or industrial facilities must collect, manage, and properly dispose of used aerosol containers. As a result, generators need to educate their employees to minimize the use of aerosol cans by 1) purchasing only the amount of consumer products needed, 2) using partially full containers until empty, and 3) disposing of partially full or empty containers as directed by manufacturer’s label and material safety data sheets. Based on regulatory concerns about aerosol can disposal, many businesses have chosen to phase out the use of these devices and replace them with reusable spray bottles or refillable pumps.
For an aerosol can to be disposed of as a nonhazardous waste, the container must be empty (either through use or by puncturing and emptying), the product it contained must not be hazardous, and the container itself cannot be hazardous (i.e. it is not reactive or explosive). In accordance with the EPA's definition of an empty container under 40 CFR 261.7, an aerosol can is empty if:

• All product from the container has been removed using normal practices commonly employed to use the materials.

• The container must be empty and have less than one inch of residue on the bottom of the container or the product remaining in the container must be less than 3 percent by weight of the total capacity of the container.
• Pressure of the container must approach atmospheric for cans that held a hazardous waste as a compressed gas.
• Cans that held an acute hazardous waste must be disposed of as a hazardous waste.

An aluminum aerosol can that does not contain a significant amount of liquid would meet the definition of scrap metal and would be exempt from RCRA regulations under 40 CFR 261.6(c) if it were to be recycled. The process of emptying the aerosol can is part of a recycling process (i.e., scrap steel recycling) and is also exempt from RCRA regulation under 40 CFR 261.6(c). 

If you intend to puncture, shred, or crush aerosol cans, the equipment used to conduct these activities must be safe and environmentally protective. Any liquids or contained gases removed from aerosol cans may be subject to regulation as hazardous wastes, if they are listed in Subpart D of 40 CFR Part 261 or if they exhibit any characteristics of hazardous waste as described in Subpart C of 40 CFR Part 261.

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

Back