The new proposal is a huge step forward for aerosol product disposal; while it will be less burdensome
and less costly, it does create change in processes and standards…
they are not required to do so. With the
offset in cost gained by switching classifications,
HCPA believes that generators
across the U.S. will quickly adopt the new
requirements and recycle the containers
for their value.
HCPA is also proactively working to
unify the definition of an “aerosol” across
all relevant regulations, including this
proposal. Under EPA’s proposed change,
an “Aerosol Can” is defined as an intact
container in which gas under pressure is
used to aerate and dispense any material
through a valve in the form of a spray or
foam.
While this is aligned with the universal
waste programs in other states, it differs
from the U.S. Hazardous Material Regulations
(HMR) definition, as well as the UN
Model Regulations (UNMR) definition.
The HMR provides a definition of an
aerosol in 49 CFR § 171.8:
Aerosol means any non-refillable
receptacle containing a gas compressed,
liquefied or dissolved under pressure, the
sole purpose of which is to expel a nonpoisonous
(other than a Division 6.1 Packaging
Group III material) liquid, paste
or powder and fitted with a self-closing
release device allowing the contents to be
ejected by the gas.
HCPA is working to update this
definition to match the definition in
the UNMR:
Within the Supplementary Information, under General Information, Section A. Does this Action
Apply to Me? EPA has a table of the affected categories and entities included, which
includes the number of large quantity generators and the generated tons of hazardous
waste for aerosols.
2 Digit Primary NAICS Total affected large Generated
NAICS code description quantity generators tons
44-45 Retail Trade 4,225 395.8
31-33 Manufacturing 1,327 6,767.2
48-49 Transportation and Warehousing 138 1,214.9
62 Health Care and Social Assistance 179 29.5
92 Public Administration 116 186.8
61 Educational Services 126 18.0
54 Professional, Scientific, and Technical
Services 81 63.6
Aerosol or aerosol dispenser means
a non-refillable receptacle meeting the
requirements of 6.2.4 (embedded at
end), made of metal, glass or plastics and
containing a gas, compressed, liquefied
or dissolved under pressure, with or without a liquid, paste or
powder, and fitted with a release device allowing the contents
to be ejected as solid or liquid particles in suspension in a gas,
as a foam, paste or powder or in a liquid state or in a gaseous
state.
Differences lead to confusion and costly mistakes, so work
continues to bring together the political willpower and stakeholders
needed to harmonize these definitions.
As part of this proposal, EPA is also requesting comments
on a possible size limitation for aerosol products. If you are
an aerosol company who would like to be involved in these
discussions and provide input on this and other issues that
June 2018 SPRAY 23
56 Administrative and Support and
Waste Management and
Remediation Services 112 2,655.2
42 Wholesale Trade 73 130.0
22 Utilities 32 6.8
81 Other Services (except Public
Administration) 65 4.2
21 Mining, Quarrying, and Oil and
Gas Extraction 28 10.3
23 Construction 4 24.1
71 Arts, Entertainment, and Recreation 3 3.2
55 Management of Companies and
Enterprises 6 0.6
53 Real Estate and Rental and Leasing 3 0.6
51 Information 1 0.5
11 Agriculture, Forestry, Fishing and
Hunting 1 0.0
Total 6,520 11,511.3
we are considering addressing in our comments to EPA,
please do not hesitate to contact me at ngeorges@thehcpa.org.
The efforts on the classification of aerosols as universal
waste and other major challenges to aerosol products is being
led by the HCPA Aerosol Product Division. Directed by volunteer
leadership from member companies, the Aerosol Product
Division has regular calls and meets in-person multiple
times a year. Members share ideas, develop business relationships
and make decisions regarding solutions and action steps
on common challenges. If you would like to learn more about
the Aerosol Division, contact ngeorges@thehcpa.org.
The official publication date of EPA’s proposal was March
16, 2018 and stakeholders had until May 15, 2018 to submit
comments. Not commenting would be, well, a waste. SPRAY