RCRA REVISION CHECKLIST 242

	Universal Waste Regulations: Addition of Aerosol Cans
84 FR 67202
	December 9, 2019
	(RCRA Cluster XXVIII, Non-HSWA)

Name of State:  

State Statutory Authority: 

Title of Regulations:  							Effective Date:   

Date Checklist Completed:  

	
FEDERAL REQUIREMENTS	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
				
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	
	PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL	
	SUBPART B DEFINITIONS	
	DEFINITIONS	
	Add Aerosol can to mean “a non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.” 	260.10 “Aerosol can”						
	revise (3) to read: Mercury-containing equipment as described in § 273.4 of this chapter;	260.10 “Universal waste”						
	revise (4) to read: Lamps as described in § 273.5 of this chapter; and	260.10 “Universal waste”						
	Add (5) Aerosol cans as described in § 273.6 of this chapter.	260.10 “Universal waste”						
	Revise (2)(i) as follows: A person who treats (except under the provisions of 40 CFR 273.13(a) or (c), or 40 CFR 273.33(a) or (c)), disposes of, or recycles (except under the provisions of 40 CFR 273.13(e) or 40 CFR 273.33(e)) universal waste; or	260.10 “Universal waste handler” paragraph (2)(i)						
	PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE	
	SUBPART A GENERAL	
	revise to read: Mercury-containing equipment as described in § 273.4 of this chapter;	261.9(c)						
	revise to read: Lamps as described in § 273.5 of this chapter; and	261.9(d)						
	Add: Aerosol cans as described in § 273.6 of this chapter.	261.9(e)						
	PART 264 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES	
	SUBPART A GENERAL	
	revise to read: Mercury-containing equipment as described in § 273.4 of this chapter;	264.1(g)(11)(iii)						
	revise to read: Lamps as described in § 273.5 of this chapter; and	264.1(g)(11)(iv)						
	Add: Aerosol cans as described in § 273.6 of this chapter.	264.1(g)(11)(v)						
	PART 265 INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES	
	SUBPART A GENERAL	
	revise to read: Mercury-containing equipment as described in § 273.4 of this chapter;	265.1(c)(14)(iii)						
	revise to read: Lamps as described in § 273.5 of this chapter; and	265.1(c)(14)(iv)						
	Add: Aerosol cans as described in § 273.6 of this chapter	265.1(c)(14)(v)						
	PART 268 LAND DISPOSAL RESTRICTIONS	
	SUBPART A GENERAL	
	revise to read: Mercury-containing equipment as described in § 273.4 of this chapter;	268.1(f)(3)						
	revise to read: Lamps as described in § 273.5 of this chapter; and	268.1(f)(4)						
	Add: Aerosol cans as described in § 273.6 of this chapter.	268.1(f)(5)						
	PART 270 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM	
	SUBPART A GENERAL	
	revise to read: Mercury-containing equipment as described in § 273.4 of this chapter;	270.1(c)(2)(viii)(C)						
	revise to read: Lamps as described in § 273.5 of this chapter; and	270.1(c)(2)(viii)(D)						
	Add: Aerosol cans as described in § 273.6 of this chapter.	270.1(c)(2)(viii)(E)						
	PART 273 STANDARDS FOR UNIVERSAL WASTE MANAGEMENT	
	SUBPART A GENERAL	
	revise to read: Mercury-containing equipment as described in § 273.4 of this chapter;	273.1(a)(3)						
	revise to read: Lamps as described in § 273.5 of this chapter; and	273.1(a)(4)						
	Add: Aerosol cans as described in § 273.6 of this chapter.	273.1(a)(5)						
	Pesticides not meeting the conditions set forth in paragraph (a) of this section. These pesticides must be managed in compliance with the hazardous waste regulations in 40 CFR parts 260 through 272, except that aerosol cans as defined in 40 CFR 273.9 that contain pesticides may be managed as aerosol can universal waste under § 273.13(e) or § 273.33(e);	273.3(b)(2)						
	Add section heading: Applicability—Aerosol cans.	273.6 						
	Aerosol cans covered under this part. The requirements of this part apply to persons managing aerosol cans, as described in § 273.9, except those listed in paragraph (b) of this section.	273.6(a)						
	Aerosol cans not covered under this part. The requirements of this part do not apply to persons managing the following types of aerosol cans:	273.6(b)						
	Aerosol cans that are not yet waste under part 261 of this chapter. Paragraph (c) of this section describes when an aerosol can becomes a waste;	273.6(b)(1)						
	Aerosol cans that are not hazardous waste. An aerosol can is a hazardous waste if the aerosol can exhibits one or more of the characteristics identified in part 261 subpart C of this chapter or the aerosol can contains a substance that is listed in part 261 subpart D of this chapter; and	273.6(b)(2)						
	Aerosol cans that meet the standard for empty containers under § 261.7 of this chapter.	273.6(b)(3)						
	Generation of waste aerosol cans.	273.6(c)						
	A used aerosol can becomes a waste on the date it is discarded.	273.6(c)(1)						
	An unused aerosol can becomes a waste on the date the handler decides to discard it.	273.6(c)(2)						
	add Aerosol can to mean “a non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.”	273.9 “Aerosol can”						
	revise Large Quantity Handler of Universal Waste to mean “a universal waste handler (as defined in this section) who accumulates 5,000 kilograms or more total of universal waste (batteries, pesticides, mercury-containing equipment, lamps, or aerosol cans, calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which the 5,000-kilogram limit is met or exceeded.”	273.9 “Large quantity handler of universal waste”						
	Redesignate paragraphs (a), (b), and (c) as paragraphs (1), (2), and (3), respectively.	273.9 “Pesticide”						
	In newly redesignated paragraphs (1) and (2), remove the comma and add a semicolon in its place.	273.9 “Pesticide”						
1	In newly redesignated paragraph (3), remove “(a) or (b) of this section” and add in its place “(1) or (2) of this definition.”	273.9 “Pesticide”						
	revise Small Quantity Handler of Universal Waste to mean “a universal waste handler (as defined in this section) who does not accumulate 5,000 kilograms or more of universal waste (batteries, pesticides, mercury-containing equipment, lamps, or aerosol cans, calculated collectively) at any time.”	273.9 “Small quantity handler of universal waste”						
	revise (3) to read: Mercury-containing equipment as described in § 273.4 of this chapter;	273.9 “Universal waste”						
	revise (4) to read: Lamps as described in § 273.5 of this chapter; and	273.9 “Universal waste”						
	Add (5) Aerosol cans as described in § 273.6 of this chapter.	273.9 “Universal waste”						
	Redesignate paragraphs (a) introductory text, (a)(1) and (2), (b) introductory text, (b)(1) and (2) as paragraphs (1) introductory text, (1)(i) and (ii), (2) introductory text, and (2)(i) and (ii), respectively.	273.9 “Universal waste handler”						
	revise newly redesignated paragraph (2)(1) as follows: A person who treats (except under the provisions of 40 CFR 273.13(a) or (c), or 40 CFR 273.33(a) or (c)), disposes of, or recycles (except under the provisions of 40 CFR 273.13(e) or 40 CFR 273.33(e)) universal waste; or	273.9 “Universal waste handler”						
	SUBPART B STANDARDS FOR SMALL QUANTITY GENERATORS OF UNIVERSAL WASTE 	
	revise to read: Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;	273.13(c)(2)(iii)						
	revise to read: Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;	273.13(c)(2)(iv)						
	Add paragraph as follows: Aerosol cans. A small quantity handler of universal waste must manage universal waste aerosol cans in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:	273.13(e)						
	Universal waste aerosol cans must be accumulated in a container that is structurally sound, compatible with the contents of the aerosol cans, lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and is protected from sources of heat.	273.13(e)(1)						
	Universal waste aerosol cans that show evidence of leakage must be packaged in a separate closed container or overpacked with absorbents, or immediately punctured and drained in accordance with the requirements of paragraph (e)(4) of this section.	273.13(e)(2)						
	A small quantity handler of universal waste may conduct the following activities as long as each individual aerosol can is not breached and remains intact:	273.13(e)(3)						
	Sorting aerosol cans by type;	273.13(e)(3)(i)						
	Mixing intact cans in one container; and	273.13(e)(3)(ii)						
	Removing actuators to reduce the risk of accidental release, and	273.13(e)(3)(iii)						
	A small quantity handler of universal waste who punctures and drains their aerosol cans must recycle the empty punctured aerosol cans and meet the following requirements while puncturing and draining universal waste aerosol cans:	273.13(e)(4)						
	Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.	273.13(e)(4)(i)						
	Establish and follow a written procedure detailing how to safely puncture and drain the universal waste aerosol can (including proper assembly, operation and maintenance of the unit, segregation of incompatible wastes, and proper waste management practices to prevent fires or releases); maintain a copy of the manufacturer’s specification and instruction on site; and ensure employees operating the device are trained in the proper procedures.	273.13(e)(4)(ii)						
	Ensure that puncturing of the can is done in a manner designed to prevent fires and to prevent the release of any component of universal waste to the environment. This manner includes, but is not limited to, locating the equipment on a solid, flat surface in a well-ventilated area.	273.13(e)(4)(iii)						
	Immediately transfer the contents from the waste aerosol can or puncturing device, if applicable, to a container or tank that meets the applicable requirements of § 262.14, 262.15, 262.16, or 262.17.	273.13(e)(4)(iv)						
	Conduct a hazardous waste determination on the contents of the emptied aerosol can per 40 CFR 262.11. Any hazardous waste generated as a result of puncturing and draining the aerosol can is subject to all applicable requirements of 40 CFR parts 260 through 272. The handler is considered the generator of the hazardous waste and is subject to 40 CFR part 262.	273.13(e)(4)(v)						
	If the contents are determined to be nonhazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state, or local solid waste regulations.	273.13(e)(4)(vi)						
	A written procedure must be in place in the event of a spill or leak and a spill clean-up kit must be provided. All spills or leaks of the contents of the aerosol cans must be cleaned up promptly.	273.13(e)(4)(vii)						
	Add paragraph as follows: Universal waste aerosol cans (i.e., each aerosol can), or a container in which the aerosol cans are contained, must be labeled or marked clearly with any of the following phrases: “Universal Waste—Aerosol Can(s),”  “Waste Aerosol Can(s),” or “Used Aerosol Can(s)”.	273.14(f)						
	SUBPART C STANDARDS FOR LARGE QUANTITY GENERATORS OF UNIVERSAL WASTE	
	revise to read: A list of all the types of universal waste managed by the handler (e.g., batteries, pesticides, mercury-containing equipment, lamps, and aerosol cans); and	273.32(b)(4)						
	revise to read: Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272.	273.33(c)(2)(iii)						
	revise to read: Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272.	273.33(c)(2)(iv)						
	Add paragraph as follows: Aerosol cans. A large quantity handler of universal waste must manage universal waste aerosol cans in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:	273.33(e)						
	Universal waste aerosol cans must be accumulated in a container that is structurally sound, compatible with the contents of the aerosol cans, lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and is protected from sources of heat.	273.33(e)(1)						
	Universal waste aerosol cans that show evidence of leakage must be packaged in a separate closed container or overpacked with absorbents, or immediately punctured and drained in accordance with the requirements of this paragraph.	273.33(e)(2)						
	A large quantity handler of universal waste may conduct the following activities as long as each individual aerosol can is not breached and remains intact:	273.33(e)(3)						
	Sorting aerosol cans by type;	273.33(e)(3)(i)						
	Mixing intact cans in one container; and	273.33(e)(3)(ii)						
	Removing actuators to reduce the risk of accidental release, and	273.33(e)(3)(iii)						
	A large quantity handler of universal waste who punctures and drains their aerosol cans must recycle the empty punctured aerosol cans and meet the following requirements while puncturing and draining universal waste aerosol cans:	273.33(e)(4)						
	Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.	273.33(e)(4)(i)						
	Establish and follow a written procedure detailing how to safely puncture and drain the universal waste aerosol can (including proper assembly, operation and maintenance of the unit, segregation of incompatible wastes, and proper waste management practices to prevent fires or releases); maintain a copy of the manufacturer’s specification and instruction on site; and ensure employees operating the device are trained in the proper procedures.	273.33(e)(4)(ii)						
	Ensure that puncturing of the can is done in a manner designed to prevent fires and to prevent the release of any component of universal waste to the environment. This manner includes, but is not limited to, locating the equipment on a solid, flat surface in a well-ventilated area.	273.33(e)(4)(iii)						
	Immediately transfer the contents from the waste aerosol can or puncturing device, if applicable, to a container or tank that meets the applicable requirements of § 262.14, 15, 16, or 17.	273.33(e)(4)(iv)						
	Conduct a hazardous waste determination on the contents of the emptied aerosol can per 40 CFR 262.11. Any hazardous waste generated as a result of puncturing and draining the aerosol can is subject to all applicable requirements of 40 CFR parts 260 through 272. The handler is considered the generator of the hazardous waste and is subject to 40 CFR part 262.	273.33(e)(4)(v)						
	If the contents are determined to be nonhazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state, or local solid waste regulations.	273.33(e)(4)(vi)						
	A written procedure must be in place in the event of a spill or leak and a spill clean-up kit must be provided. All spills or leaks of the contents of the aerosol cans must be cleaned up promptly.	273.33(e)(4)(vii)						
	Add paragraph as follows: Universal waste aerosol cans (i.e., each aerosol can), or a container in which the aerosol cans are contained, must be labeled or marked clearly with any of the following phrases: “Universal Waste—Aerosol Can(s),”  “Waste Aerosol Can(s),” or “Used Aerosol Can(s)”.	273.34(f)						
	
1. The punctuation in this definition is consistent with the Electronic CFR rather than the directions in the Federal Register notice.