“The addition of new regulatory, legal and public affairs tracks, as well as the first HCPA Legislative Day
on Capitol Hill, added new depth and value to already very strong Product Division programming.”
July 2018 Spray 31
To address the remand, “EPA will move forward with a noticeand
comment rulemaking and will seek input from interested
stakeholders prior to developing a proposed rule.”
SNAP is currently reviewing substitutes for use as refrigerants,
foam-blowing agents, fire suppressants and solvents. It is currently
reviewing a hydrofluoroolefin (HFO) as an aerosol solvent, as it
is nonflammable, has no ozone depletion potential and has a low
global warming potential.
Next steps include considering points of view shared at the EPA
stakeholder meeting in May, considering sector-specific stakeholder
workshops in the near future and developing proposed rulemaking.
At the same time, SNAP will move forward with reviewing
new alternatives.
Jeffrey Saal, VP of Sales, Hazardous
Waste Division of Clean Earth,
Inc., presented Aerosol Recycling & Reuse
of Large Quantities of Filled Units.
In 2017, 7 million pounds of aerosol
products were recycled at Clean
Earth’s Morgantown, WV facility.
This breaks down to 1.9 million
pounds of total metal recycled from
aerosols; 3.7 million pounds of total
alternate fuel recycled from aerosols
and 12,000 tons of recycled fuel
produced. Saal believes Clean Earth
will exceed these numbers in 2018
and that potentially, every aerosol
manufactured in the U.S. could be 100% recycled.
Virtually every component of an aerosol product can be
recycled, according to Saal: every type of valve, actuator, dip tube,
container and cap, whether it be made of any type of tin-plated
steel, aluminum, glass or plastic. Internal contents for recycling or
reuse include paints, household cleaners, food stuffs, cosmetics,
lubricants, insecticides and halogenated items. Medicinal products
are regulated and can be recycled on a case by case basis. Foam
caulking requires “batching” in most cases and is a challenge to
recycle.
Benefits of recycling/reuse for the manufacturer include putting
components back into commerce, the reuse of material with a British
thermal unit (BTU) value, the reuse of large project contents
to be returned to manufacturer (e.g. a truckload of “Product X”
due to damage or blemish of the can) and doing so follows the
preferred EPA hierarchy for management. Additionally, nothing
goes to landfill, there is a reduction in environmental liability,
it protects the brand and supports a corporation’s sustainability
plan, said Saal.
Benefits for the customer include no long-term liability, potential
reduction in regulatory paperwork, reduction in regulatory
taxes (state dependent), enhanced sustainability goals and good
community relations, added Saal.
He said benefits for the environment include the re-use of natural
resources and the reduction of landfilling, carbon footprints,
long-term degradation and exposure of products to the environment.
The EPA has stated that aerosols account for 50% of all retail
hazardous waste with an estimated waste volume of 43 million
pounds. The EPA wants to make “unused/intact” aerosols a universal
waste nationwide, said Saal, but won’t cover material used
in maintenance that is damaged or leaking. The EPA is developing
both a guide for recycling aerosol cans and a guide for overall
universal waste rules, which are expected by early summer 2018.
Aaron Goldberg, Principal, Beveridge
& Diamond, P.C., presented
Air Transport Requirements for Aerosol
Cans. The focus was primarily on
U.S. law, as international rules can
vary.
Packages with greater than 30kg
(66lbs) of aerosol cans are generally
subject to full U.S. Dept. of
Transportation (DOT) regulations.
A “Cargo Aircraft Only” label
is required if it is intended for
transport by aircraft; allowed on
cargo aircraft; and not allowed on
passenger aircraft.
Limited quantities are generally defined as follows:
• Aerosols must not exceed the capacity limits in 49 C.F.R.
§173.306 (commonly one liter).
• Package must not exceed 30kg (66lbs) gross weight.
• Aerosols must meet the design requirements of 49 C.F.R.
§173.306.
Goldberg said there must also be a Notification of Pilot-in-
Command (NOTOC), wherein the operator must provide the
pilot-in-command certain information as soon as possible before
departure, but after loading. This includes the type and quantity
of hazardous materials; location aboard the aircraft; confirmation
that the loaded packages were not leaking and other relevant
information.
The same information must be accessible at departure/arrival
airports during the flight and must be retained afterwards, said
Goldberg. This makes sure the pilot is aware of the presence of
hazardous materials and helps enable the pilot to ensure all information
has been provided, questions asked, packages inspected,
etc. before the flight. It also provides information for the pilot and
ground crews to respond to any emergencies. He or she is given
the opportunity to reject the shipment (which is rare, if paperwork
is complete and timely).
When it comes to aerosol cans destined for recycling/disposal,
the International Civil Aviation Organization (ICAO) and the International
Air Transport Association (IATA) prohibit air transport
of waste aerosols, Goldberg said. DOT does not, but waste aerosols
may effectively be prohibited from air transport in the U.S. if the
status of waste aerosols under the Resource Conservation & Recovery
Act (RCRA) is unclear. Hazardous aerosol wastes would require
a hazardous waste transporter and manifest unless generated by
households or Very Small Quantity Generators (VSQGs).
Ultimately, it may be difficult or impossible to ship aerosol cans
destined for recycling/disposal with air transport, as air carriers
may choose to follow the ICAO/IATA rule. This may change in
the U.S. if the EPA finalizes its March 16, 2018 proposal to classify
hazardous aerosol can wastes as universal wastes.
Saal
Goldberg
Continued on p.47