United States
Environment*! Protection
Agency
Office of
Sot»d Waste and
Emergency Response
6EPA
DIRECTIVE NUMBER: 9432.01(80)
TITLE: RCRA. Regulation of Aerosol Cans
•
APPROVAL DATE: 12-30-80
EFFECTIVE DATE: 12-30-80
ORIGINATING OFFICE: osw
Q FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or OAA
D B — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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RART 260 SUBPART B - DEFINITIONS
DOC: 9432.01(80)
Key Words:
Regulations;
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Aerosol Cans
40 CFR 260.10, 261.33(e) and (f)
RCRA Regulation of Aerosol Cans
Lawrence W. Beirlein, Esq., Counsel for Safe Transportation of
Hazardous Articles, 91'0 17th St. N.W. Washington, D.C.
Gary N. Dietrich, Associate Deputy AA for Solid Waste
#9432.01(80)
12-30-80
The contents of aerosol cans are subject to regulation under RCRA.
"Treatment" is defined as: "any method, technique or process, ... designed
to change the physical, chemical or biological character or composition of
any hazardous waste." Therefore, the puncturing, crushing or shredding of
non-empty aerosol cans which contain hazardous waste does not constitute
treatment pursuant to §260.10, and a RCRA permit or compliance with other
hazardous waste management regulations is not required. (The memo cites
two exceptions where some of the hazardous materials remain on the punctured
crushed or shredded cans which are therefore subject to regulation).
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I think this covers all'of the situations that rcay be encountered
I hope this is helpful to you.
Si ncerely yours,
Gary N. Dietrich
Associate Deputy Assistant Administrator
for Sol id Waste
bcc: Filomena Chau w/inconiing
Jack Lehman
Alan Cqrson
Dotz Darrah
Regional A&HM Division Directors, EPA. Region I, III-X
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
9432.01 (80)
DEC 3 u 138C
Lawrence W. Geirlein, Esq.
Counsel for Safe Transportati on
of Hazardous Articles
910 Seventeenth Street, N.W.
Washington, 0. C. 20005
Dear Mr. B i e r 1 e i n :
This is in response to- your letter of December S, 19SO, requesting
written clarification of whether puncturing, crushing or shredding of
aerosol cans prior to disposal is a treatment process subject to our
RCRA hazardous waste management regulations.
cont
publ
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As you know, ws clarified our regulations as they pertain to
ainers which hold or have hold hazardous wastes in amendments
ished in 45 Federal R_e_2Jj_t_3_r 73524-78529, '•.'ovcmhor 25, 1930.
indicated
In
_____
e amendments, we clearly indicated that our regulations are
cted at controlling the ^cnayament o
e residues in non-e:iipty containers d
geMent of the containers per se. Accordingly, with respect to
sol cans, cur regulations are confined to regulation' of the contents
he- cans, not the cans themselves.
hazardous wastes or hazardous
opposed to controlling the
f a s a d on this and the definition of
our regulations, the puncturing, crushing
aerosol cans whic!\ contain hazardous wast
hazardous waste treatment. TV-e'atment is
technique or process, .x .''. designed to c
or biological character or coinposi t1 on of
Although puncturing, crushing or shreddin
the physical character of the can, the ca
waste.' The'materials in' the can are the
puncturing, crushing or shredding of the
physical, chemical or biological characte
materials. Accordingly, the puncturing,
such aerosol cans does not require a RCRA
to comply with othor requirements of our
requlat 1 ons.
"treatment" in v260.1C of"
or shredding of non-empty
es does not consisitute
defined as "any method,
hange the physical, chemical
any hazardous waste"'.
g of an aerosol can change
n i s not the hazardous
hazardous waste and the
can does net change- the
r or composition of these
crushing or shredding of
permit or does not need
hazardous waste management
CONCURRENCES
I-M3OU ^
JRN tU£ W
'
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' Although this is beyond your request, I hasten to point out that
the .naterials removed [from aerosol cans that are poincturcd, crushed
or shredded and .the reisldues remaining on such cank. in some cases
may be subject to our regulations. Let--qe discuss several situations
where this may be truel V
The first set of situations involve aerosol cans wh\ch hold
commercial chemical products listed in §2S1.33(c) and (f)Vf our
V.'hore thepe chemicals arc removed from aeroscl\cans when
hed or shredded, they are subject to
discarded or intended to be di
e-packaging and beneficial use or rccovei
s or legitimate recycling or reclamation^
subject to our regulations.
regulations.
they are punctured, cru
regulations if they are
they are recovered for
for other beneficial us
they t-kacefara^ are not
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If the removed'cheraicals
red, crushed or shredded cans
wastes would not involve mana
si on below relative to §251.3
als are not 'kept-segregated f
atcd cans, one has a "mixture
(a)(l)(ii)) and this mixture
y, even if the removed chemi.c
ut the chemicals are §261.33(
nctured, crushed or shredded
es, the cans themselves) are
re triple-rinsed or equivalen
Federal Register 78529, Nove
are kept segregated from the .
, the regulated management of
gement of the cans .(except see
3(e) chemicals). If the removed
rom the punctured, crushe.d or
" of chemicals and cans (see
is subject to our regulations.
als are kept segregated from the
a) chemicals, than the residue on
cans (and, for all practical
subject to our regulations until
t1y decontaminated (see §261.7(b)(3)
ber 25, 1980).
The other type of si
are not 1 isted i n §261.33
(therefore are solid wast
istics of hazardous waste
waste products are kept s
shredded cans, then, as a
invalve management of the
then the mixture of these
shredded cans would have
mixture also exhibits one
waste. Of course, if the
or shredded cans is not t
beneficially used or Ieg1
regulations do not apply.
tuati'on is where the cans, hold products which
(e) or (f) but which are to be discarded
e) and exhibit one or more of the character-
(therefcre are hazardous waste). If these
egregated from the punctured, crushed or
bove, their regulated management would not
cans. If segregation is not accomplished,
products and the punctured, crushed or
to be managed as a .hazardous waste if the
or more of the characteristics of hazardous
product removed from the punctured, crushed
o be discarded but. instead, is to be
timatcly recycled or reelaimeed, then our
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