Four New States Adopt Aerosol-Universal Waste Rule

In 2019, the U.S. Environmental Protection Agency (EPA) published a final rule adding aerosol cans to Universal Waste regulations. The rule took effect on February 7, 2020, at the federal level and in some states.

While states are not required to adopt the changes since they are less stringent than previous requirements, many states have chosen adoption of these provisions into their own regulations or have announced timelines for adoption.

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

Most recently, the final rule went into effect in Hawaii on June 7, 2021, and in Idaho, North Dakota and West Virginia on July 1, 2021.

Similar rule already in effect

• Colorado: A similar state law is already in effect; however, changes may be required. A proposed updated rule will be published in August 2021, and public comment will be in November 2021.
• Ohio: A similar state law is already in effect; however, changes will be required, and a new rule is being drafted. Interested party review in summer 2021.
• Utah: A similar state law is already in effect and under evaluation.  Revisions will closely mirror the federal rule. Proposed rule will be published in August 2021 with public hearing and comment in October 2021. Updated final rule to go into effect in late 2021.

Rule already in effect

• Minnesota: Currently drafting the rule (adding it to previously proposed rulemaking: Land-Related Housekeeping Amendments). Proposed rule to be published December 2021 with final rule going into effect in 2022. Public hearing and comment to be held in December 2021.

Anticipated rulemaking by December 2021

• Maryland: Rulemaking is currently in internal discussions. Proposed rule to be published in summer 2021 with the final rule to go into effect in late 2021. Public comment in summer 2021.
• Massachusetts: Currently drafting the rule. Proposed rule to be published in summer 2021 with the final rule expected to go into effect in fall 2021.
• Mississippi: Currently drafting the rule (adopting by reference). Proposed rule to be published in August 2021 (regulations written/working on notice). Final rule to go into effect in late 2021.
• Missouri: Currently drafting the rule with the proposed rule to be published in late summer 2021. Public comment will be in late summer 2021 with stakeholder meetings during the summer. Final rule to go into effect in 2021.
• Nebraska: Rulemaking is currently in internal discussions. Proposed rule to be published in summer 2021 with the final rule to go into effect in late 2021. Public comment in summer 2021.
• New Hampshire: Proposed rule published in June 2021. Final rule to go into effect in summer 2021.
• Oklahoma: In legislative review with final rule expected to go into effect in September 2021.
• Oregon: Currently in public comment period. Comments due by August 13, 2021, and public hearings on August 4 and 5, 2021. Committee meeting in September 2021. Final rule to go into effect in late 2021.
• Vermont: In public comment period. Proposed rule published on July 7, 2021. Public hearing on Aug. 10, 2021, and comments due on August 20, 2021. Final rule to go into effect in fall 2021.
• Washington, D.C.: Drafting the rule has been put on hold (adopting by reference). Public comment in second half of 2021. Comments will be accepted for 30 days following publication.

Anticipated rulemaking after December 2021

• New York: Currently drafting the rule with written comments accepted until further notice. Formal public comment period in summer 2021 with final rule expected to take effect in 2022.
• Texas: Currently drafting the rule. Proposed rule published on July 14, 2021  and on July 30, 2021. TCEQ Commission Meeting on July 14, 2021, and public hearing on August 23, 2021. Comments due by August 30, 2021. Final rule to go into effect January 6, 2022.
• Wyoming: In public comment period. Proposed rule published in late summer 2021. Public comments due late summer and the rule is under review with Environmental Quality Council in August 2021. Final rule to go into effect spring 2022.                                                                              

Clean Earth partners with organizations to transform their aerosol waste into recycling opportunities. We recycle nearly all the components of full to empty aerosol cans. Our commitment to recycling these wastes is unmatched inside the waste disposal industry.

Contact us today to start your recycling and disposal solution.

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