Aerosols as Universal Waste Rule Soon in Effect in Three More States

The U.S. Environmental Protection Agency (EPA) universal waste program streamlines the hazardous waste management standards for certain categories of hazardous waste that are commonly generated by a wide variety of establishments. These regulations apply to five types of universal waste: batteries, pesticides, mercury-containing equipment, lamps and aerosol cans. 

The EPA finalized “Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations” on Nov. 15, 2019, and published them in the Federal Register on Dec. 9, 2019.

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

Anticipated rulemaking on, by July 1, 2021

• Idaho: The rule is currently in legislative/executive review. Final rule expected to go into effect in spring 2021, effective upon legislative session adjournment.
• North Dakota: Rule is in executive/legislative review and is expected to go into effect on July 1, 2021.
• South Carolina: Rule is currently in legislative review (document 4975) and upon approval/publication, the final rule is expected in June 2021.

Anticipated rulemaking after July 1, 2021

• Missouri: Currently drafting the rule with anticipated rulemaking after July 1, 2021. Public comment was held on March 18, 2021, with stakeholder meetings in April 2021.
• Mississippi: Currently drafting the rule (adopting by reference) with final rule expected to go into effect in summer 2021. In April/May 2021, regulations are being written/working on notice.
• New Hampshire: Currently drafting the rule with the final rule expected to go into effect in summer 2021. Public hearing and comment in April 2021.
• Vermont: Currently drafting the rule with the final rule expected to go into effect in summer 2021. Public hearing and comment in April 2021.
• Wyoming: Rule is currently under internal discussions (IBR Update 2) and is expected to go into effect in spring 2022 with public hearing and comment in summer 2021.

Similar rule already in effect

• Colorado: A similar state law is already in effect as of Jan. 16, 1996, but it is being determined if changes are required. Public hearing and comment will be in summer and fall 2021. 
• Minnesota: The rule is currently in effect, but a rule is being drafted to add it to a previously proposed rulemaking: Land-Related Housekeeping Amendments. Public hearing and comment will be from July to September 2021.
• Ohio: Currently drafting the rule. Ohio already has a similar law, but changes will be required. Interested party review in summer 2021.

Clean Earth actively researches new aerosol technologies and the marketplace across the United States. As 2021 unfolds, we will continue to expand and align with marketplace needs focused on recycling and sustainable solutions for aerosols.

These efforts will be a continuation of Clean Earth’s success in 2020, where Clean Earth processed nearly one million aerosol cans each month and reached 11 million by the end of the year, which set a new company record.

Contact us today to start your recycling and disposal solution.

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