Ohio Adopts Aerosols as Universal Waste Rule as Washington Begins Internal Discussions

Ohio marks the 32nd state, including Puerto Rico, to adopt the Aerosols as Universal Waste Rule, established by the EPA under the Resource Conservation and Recovery Act. Two additional states, California, and New Mexico have also adopted similar laws. The impact of classifying aerosols as universal waste includes:

• Ease of regulatory burdens on retail stores and others that discard hazardous waste aerosol cans
• Promotes the collection and recycling of these cans
• Encourages the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills or combustors

Clean Earth keeps generators up-to-date and compliant with the latest state adoptions of the rule.

Final Rulemaking is in Effect

Ohio: The final rule went into effect on October 23, 2022.

Anticipated Rulemaking Before January 2023

Arkansas: The rule is currently being drafted and undergoing internal review. The proposed publish date, public hearing dates, comment periods and meeting notices will occur in late 2022. The final rule is to go into effect in late 2022.

Washington D.C.: The rule is undergoing legislative review and will go into effect in late 2022.

Anticipated Rulemaking After January 2023

Kansas: The rule is currently being drafted. The proposed publish date, public hearing dates, comment periods and meeting notices will occur in Spring 2023. The final rule is to go into effect in late 2023.

Louisiana: The rule is undergoing internal discussions. The proposed publish date, public hearing dates, comment periods and meeting notices are scheduled for late 2022. The final rule is to go into effect in early 2023.

Maryland: The rule is currently being drafted and is scheduled to go into effect in September 2023.

Missouri: The rule is currently being drafted and undergoing the Stakeholder Review Period. The proposed publish date, public hearing dates, comment periods and meeting notices will occur in Spring 2023. The final rule is to go into effect in late 2023.

New York: The rule is currently in the public comment period. The proposed rule was published on November 9, 2022. Public hearing is scheduled for January 11, 2023, with comments due January 17, 2023. The final rule is to go into effect in 2023.

Virginia: The rule undergoing legislative review, adopting by reference. The final rule is to go into effect in Spring 2023, or 30 days after the notice is published which is January 2023 at the earliest. 

Final Rulemaking Date Not Yet Determined

Washington: The rule is undergoing internal discussions. The proposed publish date, public hearing dates, meeting notices, comment periods and final rule effective date are not yet determined.

Clean Earth acts as a partner to transform aerosol waste into recycling opportunities. Request a quote today.

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