(a) For purposes of this section, the following terms have the following meanings: (1) âAerosol canâ means 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. (2) âAerosol can processingâ means the puncturing, draining, or crushing of aerosol cans. (3) âDestination facility,â as used in Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations, also includes a facility that treats, except as described in subdivision (d), or disposes of, a hazardous waste aerosol can that is shipped to the facility as a universal waste aerosol can, except destination facility does not include a facility at which universal waste aerosol cans are merely accumulated. (4) âHazardous waste aerosol canâ means an aerosol can that meets the definition of hazardous waste, as defined in Section 25117. (5) âUnauthorized releaseâ means a release to the environment that is in violation of any applicable federal, state, or local law, or any permit or other approval document issued by any federal, state, or local agency. (6) âUniversal waste aerosol canâ means a hazardous waste aerosol can while it is being managed in accordance with the departmentâs regulations governing the management of universal waste, except as required otherwise in subdivisions (d) to (k), inclusive. Upon receipt of a universal waste aerosol can by a destination facility for purposes of treatment or disposal, the can is no longer a universal waste aerosol can, but continues to be a hazardous waste aerosol can. (7) With respect to a universal waste aerosol can, the term âuniversal waste handler,â as defined in Section 66273.9 of Title 22 of the California Code of Regulations, does not include either of the following: (A) A person who treats, except as described in subdivision (h), or disposes of hazardous waste aerosol cans including universal waste aerosol cans. (B) A person engaged in offsite transportation of hazardous waste aerosol cans, including, but not limited to, universal waste aerosol cans, by air, rail, highway, or water, including a universal waste aerosol can transfer facility. (b) (1) The requirements of this section apply to any person who manages aerosol cans, except for the following: (A) Aerosol cans that are not yet wastes pursuant to Chapter 11 (commencing with Section 66261.1) of Division 4.5 of Title 22 of the California Code of Regulations. (B) Aerosol cans that do not exhibit a characteristic of a hazardous waste as set forth in Article 3 (commencing with Section 66261.20) of Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations. (C) Aerosol cans that are empty pursuant to subsection (m) of Section 66261.7 of Title 22 of the California Code of Regulations. (2) (A) An aerosol can becomes a waste on the date the aerosol can is discarded or is no longer useable. An aerosol can is deemed to be no longer useable when any of the following occurs: (i) The can is as empty as possible, using standard practices. (ii) The spray mechanism no longer operates as designed. (iii) The propellant is spent. (iv) The product is no longer used. (B) An unused aerosol can is a waste, for purposes of Section 25124, on the date the owner decides to discard it. (c) (1) The disposal of any hazardous waste aerosol can is subject to the requirements of this chapter, and to any regulations adopted by the department relating to the disposal of hazardous waste. (2) Except as otherwise provided in this section, the treatment or storage of any hazardous waste aerosol can is subject to the requirements of this chapter, and any regulations adopted by the department relating to the treatment and storage of hazardous waste. (d) (1) Except as provided in paragraph (2), a universal waste aerosol can
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