.09-1 Applicability — Aerosol Cans.

A. Except for aerosol cans identified in §B of this regulation, the requirements of Regulations .06—.25 of this chapter apply to persons managing aerosol cans as defined in COMAR 26.13.01.03B.

B. The requirements of Regulations .06—.25 of this chapter do not apply to the management of an aerosol can that:

(1) Is not yet waste under COMAR 26.13.02, including an aerosol can that does not meet the criteria for waste generation in §C of this regulation;

(2) Does not meet the criteria of §D of this regulation to be regulated as hazardous waste; or

(3) Qualifies as an empty container under the provisions of COMAR 26.13.02.07B.

C. Generation of Waste Aerosol Cans.

(1) A used aerosol can becomes a waste on the date the can is discarded, with "discarded" being defined by the criteria of COMAR 26.13.02.02A(2).

(2) An unused aerosol can becomes a waste on the date the handler decides to discard the can.

D. Criteria to be Regulated as Hazardous Waste. An aerosol can is regulated as hazardous waste if the aerosol can:

(1) Exhibits one or more of the characteristics of hazardous waste identified in COMAR 26.13.02.10—.14;

(2) Contains a substance listed in COMAR 26.13.02.15—.19; or

(3) Otherwise meets the definition of hazardous waste in COMAR 26.13.02.03.

E. Voluntary Management. A person managing an aerosol can excluded under §B of this regulation may voluntarily elect to manage the aerosol can in accordance with the provisions of Regulations .06—.25 of this chapter.