Maine, Minnesota, New Hampshire, and Ohio to Adopt Aerosols as Universal Waste Rule by 2023

In February of 2020, the Environmental Protection Agency (EPA) added aerosol cans to the federal universal waste list. This change allows for the management of hazardous aerosol can wastes to be processed as universal waste, which consists of less complicated requirements. In general, this helps to reduce the amount of hazardous waste generated.

Clean Earth breaks down the status of each state and its anticipated effective date monthly, to keep waste generators updated on these changes.  

Anticipated Rulemaking By July 1:

• Washington D.C.: The rule is in the post public comment period (adopting by reference). The comment period was extended to March 7, 2022. The rule is to go into effect late April 2022.
• Mississippi: The rule is in the post public comment period (adopting by reference). The rule is to go into effect May 28, 2022, or 30 days after approval. Approval meeting has not yet been scheduled.
• Montana: The rule is in the post public comment period (adopting by reference). The rule is to go into effect May 14, 2022.

Anticipated Rulemaking After July 1:

• Maine: The rule is undergoing internal discussions. The proposed publish date, the public hearing dates, comment periods, and meeting notices are slated for Fall 2022. The rule is to go into effect in 2023.
• Minnesota: The rule is currently being drafted (adding to previously proposed rulemaking: Land-Related Housekeeping Amendments). The proposed publish date as well as the public hearing dates, comment periods and meeting notices are scheduled for August 2022. The rule is to go into effect in 2022.
• New Hampshire: The rule is in the public comment period. The proposed publish date was March 17, 2022. Comments were due April 15, 2022, and the public hearing was April 8, 2022. The rule is to go into effect in early Summer 2022.
• Ohio: The rule is in the informal public comment period (aligning existing law with Federal). The proposed publish date was March 21, 2022. Comments were due on April 20, 2022. There is no public hearing scheduled. The revised regulation is to go into effect in late Summer 2022.

Not Yet Determined:

• California: The rule is undergoing internal discussions (making technical changes to current law in place). The proposed publish date, the public hearing dates, comment periods and meeting notices are not yet determined.

Clean Earth offers an integrated recycling approach for our customers producing universal waste hazardous to human health and our environment. Learn more about our universal waste solutions.

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