Three States Adopt 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.

Additional state updates from last month include:

Rule Is Effective

• Minnesota: The rule is currently being drafted and will be added to the previously proposed rulemaking: Land-Related Housekeeping Amendments. It is in the first half of the 2022 public comment period and is set to be published in June 2022. Public hearings, comment periods and meeting notices will be held in June 2022. Anticipated Amendment is set to be published in 2022.
• Texas: The rule is complete and went into effect February 3, 2022.
• Vermont: The rule is complete and went into effect February 1, 2022.

Similar State Law Already In Effect

• Ohio: The rule is currently being drafted. Ohio already has a similar law, but changes will be required. The Interested Party Review will be held in February 2022.

Anticipated Rulemaking by July 1, 2022

• Mississippi: The rule is in the public comment period (adopting by reference). Public hearings and comments have been postponed. Anticipated Amendment is set to be published in 2022.
• Montana: The rule is in the public comment period (adopting by reference). The public meeting was held February 9, 2022.
• Washington, D.C.: The rule is in the public comment period (adopting by reference). The comment period has been extended to February 21, 2022.
• Wyoming: The rule is in the post public comment period. Final rule is to go into effect in spring 2022.

Anticipated Rulemaking after July 1, 2022

• Maine: The rule is not yet being considered. The proposed rule is set to be published in late 2022, along with public hearings, comment periods and meeting notices. The final rule is to go into effect in 2023.
• Missouri: Rule is currently being drafted and is in the Stakeholder Review Period. The proposed rule is to be published in fall 2022, along with the public hearings, comment periods and meeting notices.

Not Yet Determined

• Nevada: The rule is not yet being considered. The publishing date, public hearing dates, comment periods, meeting notices and final rule effective date have not been determined and will not be taking place in 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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