(GUF) ARESOLS - NEW LEGISLATION

The Simpler Recycling legislation explicitly includes empty aerosols in the list of recyclable metal waste. 

However, the Hazardous Waste Regulations 2005 classify waste aerosols from businesses as hazardous waste, even if they appear empty, due to potential residual pressure, chemical traces, or previous contents.

This creates a clear regulatory conflict:

• Simpler Recycling → Says empty aerosols should be recycled as metal.
• Hazardous Waste Regulations → Says all waste aerosols from businesses are hazardous waste.

Key Issues with This Conflict

• No Clarity on Declassification: The Hazardous Waste Regulations do not provide guidance on when an aerosol ceases to be hazardous (i.e., whether ‘empty’ means safe).

• Enforcement Contradiction: If a business recycles empty aerosols, are they complying with Simpler Recycling but breaching Hazardous Waste Regulations?

• Quantity & Safety Risks: Large numbers of aerosols (e.g., 200+ cans) could still present fire/explosion risks, even if technically empty.

Potential Solutions

• DEFRA/Environment Agency Clarification Needed: DEFRA must explicitly address whether fully emptied aerosols from businesses should be treated as non-hazardous.

• Recycling Facilities’ Role: Waste contractors need clear, consistent guidance on whether they can lawfully accept aerosols in standard metal recycling.

• Industry Exemptions? The government may need to issue exemptions or guidance updates to prevent businesses from being caught in a compliance trap.

At present, this overlap/contradiction appears to be an oversight. Businesses should err on the side of caution and consult their waste contractor and local Environment Agency office before assuming aerosols can be freely recycled.

This is exactly the kind of regulatory tangle that fuels the Dunning-Kruger Effect in policy-making—someone, somewhere, likely made this decision without fully grasping the consequences. More like this (recycling) - link - more like this (DEFRA) - link