Idaho Adopts Aerosol-Universal Waste Rule

The U.S. Environmental Protection Agency (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. These regulations allow for the management of hazardous aerosol can wastes under the universal waste portion of the federal Resource Conservation and Recovery Act (RCRA) hazardous waste rules (40 CFR 273).    

The Aerosols as Universal Waste Rule became effective on Feb. 7, 2020, in non-authorized states and must be adopted in authorized states.

As more states adopt the rule, Clean Earth is tracking the status to show when and where the rule is effective, as well as the interim steps such as draft regulations and public comment periods.

Most recently, the final rule went into effect in Idaho on July 1, 2021. Additional state updates from last month include:

Similar rule already in effect

• Utah: The rule is under evaluation. A similar state law is already in effect and revisions will closely mirror the federal rule. Proposed rule to be published in September 2021 with public hearing and comment in October 2021. Updated final rule to go into effect in December 2021.

Anticipated rulemaking by December 2021

• Missouri: Currently drafting the rule with the proposed rule to be published in fall 2021. Public comment will be in fall 2021 with stakeholder meetings during the summer. Final rule to go into effect in late 2021.
• New Hampshire: Currently drafting the rule. The proposed rule will be published in fall 2021, and public comment will also be in fall 2021. The rule will go into effect in late 2021 or early 2022.

Anticipated rulemaking after December 2021

• Montana: The rule is in an informal public comment period (intend to adopt by reference). The informal rule was published July 28, 2021, with the formal rule expected to publish and go into effect in 2022. Informal public comments due by Aug. 31, 2021, with formal comments to be accepted in 2022.
• Texas: The rule is currently in public comment period. Public hearing will be held on Aug. 23, 2021, with comments due Aug. 30, 2021. Final rule to go into effect on Jan. 6, 2022.
• Wyoming: In post-public comment period (draft rules) with proposed rule to be published mid-September 2021. Public comments due mid-September to early November 2021 and the rule will go under review with Environmental Quality Council on Nov. 16, 2021. Final rule to go into effect early February 2022.

Clean Earth recycles nearly all the components of full to empty aerosol cans. Our commitment to recycling these wastes is unmatched inside the waste disposal industry. We see disposal as a potential waste stream.

Contact us today to start your recycling and disposal solution.

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