Delaware Adopts Aerosol-Universal Waste Rule

JANUARY 18, 2021

Delaware is the 13th state as well as the U.S. territory of Puerto Rico to adopt the Aerosols as Universal Waste Rule. The rule will go into effect in Delaware on Jan. 21, 2021.

The Aerosols as Universal Waste Rule became effective on Feb. 7, 2020. Because adding aerosols to the universal waste program makes the Resource Conservation and Recovery Act (RCRA) regulations less stringent than they were before, states are not required to adopt the new rule. With that said, based on how states handled previous changes to the Federal universal waste rules, we believe most, if not all, states will ultimately adopt the Aerosols as Universal Waste Rule.

Clean Earth is tracking the rulemaking process for the states to show when the rule is effective, as well as the interim steps such as draft regulations and public comment periods. 

The rule is currently in effect in Minnesota; however, an anticipated amendment is expected in 2021 with public comment in the first half of the year. Ohio has a similar state law already in effect. 

The following states have anticipated rulemaking by July 1, 2021:

• Alabama, Idaho, Indiana, South Carolina and West Virginia
• Washington, D.C., Hawaii and Mississippi (first half of 2021 public comment)

The below states are expected to have rulemaking after July 1, 2021:

• Missouri, North Dakota, New Hampshire, New York and Wyoming (first half of 2021 public comment)
• Kansas, Maryland, Montana, Nebraska and Oregon (second half of 2021 public comment)

Clean Earth's aerosol recycling system is designed to process pressurized steel cans, aluminum cans, glass, and plastics containing consumer commodity products. This one-of-a-kind technology is specifically designed to service all industries that produce aerosol, loose spec paint and other consumer commodity waste.

For commercial, industrial, infrastructure, retail, energy, government and health care markets, please contact us today at the numbers below to start your recycling and disposal solution.