Spent Aerosol Can Exemptions
RCRA Regulation of Aerosol Cans
40 CFR 261.7 (b) (1(i) & (iii), And (40 CFR 261.23 (a) (6)
A company generates aerosol paint and solvent cans from painting and cleaning
operations. The cans are empty as per common industry practices used to
empty such devices to less than 3% by weight of the total capacity of the
container (40 CFR 261.7(b) (1(i) & (iii). The cans may still contain propellant,
making the can reactive if put in contact with strong initiating force.
Irrespective of the lack of contained waste, the aerosol cans would be a
RCRA hazardous waste because they demonstrate the hazardous characteristics
of reactivity (40 CFR 261.23 (a) (6)
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