Managing Hazardous Waste

We protect the environment and communities by ensuring compliance with hazardous waste laws

Universal Waste – Non-Empty Aerosol Cans

What is a universal waste?

Universal wastes are hazardous wastes. But, they pose a lower immediate risk to people and the environment when handled properly. Their lower risk allows them to be handled and transported under more relaxed rules. 

“Universal waste aerosol cans” are non-empty aerosol cans whose contents exhibit hazardous waste characteristics.

» Learn more about universal waste

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What are non-empty aerosol cans?

An aerosol can is defined as “a nonrefillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.” There are many aerosol products in use today such as:

Examples of aerosol cans.

  • Cooking sprays
  • Spray paints
  • Disinfectant sprays
  • Cleaning solutions
  • Bug repellants
  • Sunscreen sprays
  • Shaving creams
  • Cosmetics

What does it mean to be “non-empty”?

An aerosol can is considered “non-empty” if the can still contains the contents and propellant at the time that it is discarded. Non-empty aerosol cans are commonly discarded for a number of reasons such as:

  • the spray mechanism is damaged or clogged and no longer works,
  • the propellant has been exhausted, or
  • the owner decides that they no longer want or need the product.

 

Note An aerosol can is considered “empty” when it is “emptied of the contents and propellant to the maximum extent practical under normal use (i.e., the spray mechanism was not defective and thus allowed discharge of the contents and propellant).” [Cal. Code Regs, tit. 22, §66261.7(m)]

Not all aerosol cans are a hazardous waste

Aerosol cans may be hazardous wastes only when they are non-empty and will no longer be used. The discarded non-empty aerosol can would be a hazardous waste, and consequently, a universal waste, if the can contains pressurized contents that may be hazardous.

  • The propellant is ignitable or toxic.
  • The product itself is ignitable, corrosive, or toxic.

Aerosol cans containing paint, pesticides, and cleaning products are several examples of materials that may be hazardous when discarded. Additionally, most aerosol cans use ignitable propellants such as propane, butane, or liquefied petroleum gas (LPG) making most non-empty waste aerosol cans ignitable hazardous wastes.

Aerosol cans are NOT hazardous wastes if they are deemed empty pursuant to section 66261.7(m) of title 22 of the California Code of Regulations. Therefore, if you push the nozzle and nothing comes out, and the nozzle isn’t clogged, then you can throw the can in the trash or take it to a scrap metal recycler.

SB 1158 – Designating aerosol cans as universal waste

In 2002, Senate Bill (SB) 1158 designated aerosol cans as a universal waste in California. Before SB 1158, generators of hazardous waste aerosol cans were subject to all the requirements generally applicable to California hazardous waste generators. On-site processing of non-empty aerosol cans (e.g., puncturing, draining, and crushing the cans) was considered hazardous waste treatment that required authorization from DTSC. 

The implementation of this bill made processing hazardous waste aerosol cans a universal waste handler activity. Notified handlers can now process the cans on-site without a facility permit. 

Aerosol Can Waste Management Fact Sheet

Learn more about managing non-empty aerosol cans as a universal waste.

What to do with your non-empty aerosol cans

Non-empty aerosol cans can not be disposed in trash or household recycling collection bins intended to receive other non-hazardous waste and/or recyclable materials: it is prohibited by law.

How should I store my unwanted non-empty aerosol cans until I can take them to a recycling center?

Store your non-empty aerosol cans:

  • Away from open flames and other ignition sources
  • Away from acidic substances where the cans could corrode
  • Where they are will not encounter physical damage
  • Away from anything that the can and its contents could react with

Where should I take my non-empty aerosol cans?

For information on local collection programs, contact your municipal waste service provider or check DTSC’s Household Hazardous Waste webpage for additional information and resources.

Find a local recycling program near you!

Earth911.com

CalRecycle’s Local Government Household Hazardous Waste Websites Directory – Select your county to find recycling programs near you

Laws and regulations

HSC = California Health and Safety Code

CCR = California Code of Regulations

CFR = Code of Federal Regulations

Additional resources

U.S. EPA

Questions & Answers about Aerosols

Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations

External resources

DTSC has provided the link below to an external website that contains information that may be of interest. DTSC is not responsible for the content of external internet sites.

For additional questions, contact the Regulatory Assistance Office

Toll-free in CA: 800-728-6942 or 800 72-TOXIC
Outside CA: 916-324-2439
Email: RAO@dtsc.ca.gov

Last updated: December 26, 2024

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