EPA530-R-02-0051
RCRA, SUPERFUND & EPCRA CALL CENTER MONTHLY REPORT
December 2002
1. Regulatory Status of Solvent Residue from Spray Cans
A facility uses spray cans to apply product solvent as a paint thinner. After use, the
canisters are not empty pursuant to 40 CFR Section 261.7(b)(2) because their internal
pressure remains higher than atmospheric pressure. When these spray cans are ready to
be discarded, they are punctured and drained so the cans can be recycled as scrap metal.
Would hazardous waste listings apply to the remaining solvent removed from these spray
cans?
The unused solvent removed from the spray can may meet a hazardous waste listing.
If the remaining solvent in the spray can is located on either the P list or the U list in
Section 261.33(e) or (f), the residue could be a listed hazardous waste. Specifically,
Section 261.33(c) states that, "any residue remaining in a container or in an inner liner
removed from a container that has held any commercial chemical product or
manufacturing chemical intermediate having the generic name listed in paragraphs (e) or
(f) of this section, unless the container is empty as defined in Section 261.7(b) of this
chapter" is a hazardous waste. However, if the residue is not on the P list or the U list, it
may still be hazardous if it exhibits any of the characteristics of a hazardous waste as
defined in Part 261, Subpart C. It is the responsibility of the generator to make this
determination.
The unused solvent removed from the spray cans would not be classified as a spent
solvent waste as listed in Section 261.31. The solvent waste F-listings apply to spent
solvents, which are particular chemicals used for their solvent properties, that is, to
solubilize, dissolve or mobilize other constituents, but are no longer useable as solvents
(50 FR 53315, 53316: December 31, 1985). The product paint thinner remaining in the
aerosol can was not used as a solvent, nor was it spent because it was never used in the
first place. Therefore, the spent solvent F-listings would not apply to the discarded
product.
FB 14656

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