Universal Waste Aerosol Cans Final Rule Summary

July 29, 2021

Federally (and in states which have adopted this rule, including South Carolina), aerosol cans containing hazardous wastes may now be managed in accordance with the more streamlined provisions of the UW Rule as opposed to the traditional hazardous waste management requirements of the Resource Conservation and Recovery Act (RCRA) regulations.  These more streamlined provisions are similar to those currently used for the management of certain lamps, batteries, pesticides and mercury containing equipment.

Key Changes

  • Federally effective February 7, 2020 – Becomes effective in authorized states when adopted;
  • The South Carolina Department of Health and Environmental Control (DHEC or Department) adopted the Aerosol Cans Universal Waste Final Rule in its entirety and word-for-word with 40 CFR on May 28, 2021;
  • Authorized state adoption not required due to “less-stringent-than” consideration by EPA – but state adoption is encouraged;
  • Manufacturers, industry, Small Quantity Handlers of Universal Waste, Large Quantity Handlers of Universal Waste, and the retail sector are expected to be affected by the addition of aerosol cans as a universal waste to the UW Rule;

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