(b) Aerosol cans not covered under this part. The requirements of this part do not apply to persons managing the following types of aerosol cans:
(2) Aerosol cans that are not hazardous waste. An aerosol can is a hazardous waste if the aerosol can exhibits one or more of the characteristics identified in part 261, subpart C, of this chapter or the aerosol can contains a substance that is listed in part 261, subpart D, of this chapter; and
(3) Aerosol cans that meet the standard for empty containers under § 261.7 of this chapter.
(c) Generation of waste aerosol cans.
(1) A used aerosol can becomes a waste on the date it is discarded.
(2) An unused aerosol can becomes a waste on the date the handler decides to discard it.
[84 FR 67218, Dec. 9, 2019]