Multiple States to Adopt Aerosols as Universal Waste Final Rule by December

In February 2020, the Environmental Protection Agency (EPA) established the Aerosols as Universal Waste Rule, allowing generators to manage aerosol products with the less complicated universal waste requirements. As a result, retailers are able to significantly reduce how much hazardous waste they are generating.

The following outlines the state-by-state implementation of the Aerosols as Universal Waste Rule, focusing on changes over the past month.

Rule already in effect

• Minnesota: The rule is already in effect, with an anticipated amendment in 2022 and public comment taking place in January 2022.
• Oklahoma: On September 15, 2020, the Department of Environmental Quality (DEQ) proposed to adopt the EPA Final Rule by reference. Public comments were due October 15, 2020.

Similar rule already in effect

• Colorado: The rule is currently being drafted. Colorado already has a similar law and anticipates an amendment in 2021. Proposed rule to be published October 25, 2021 with public hearing on November 16, 2021. The revised regulation is to go into effect late 2021/early 2022.
• Ohio: A similar law is already in place and the new rule is currently being drafted. Interested Party Review to take place in Fall 2021.
• Utah: The rule is being drafted. A similar state law is already in effect, and revisions will closely mirror the federal rule. Proposed rule to be published October 1, 2021, with public comment held October 1, 2021 through November 1, 2021. Updated final rule to go into effect in December 2021.

Anticipated rulemaking by December 2021

• Maryland: The rulemaking is currently in the internal discussions stage. Proposed rule to be published in fall 2021, along with public hearings, comment periods and meeting notes. The final rule is still scheduled for late 2021.
• Mississippi: The rule is currently being drafted (adopting by reference). After the regulations are written and the notices are complete, the proposed rule is to be published in September 2021. Public hearing, comments and meeting notes are to occur in October 2021. The final rule is to go into effect late 2021/early 2022.
• Missouri: The state is still evaluating the EPA Final Rule, with an anticipated rulemaking by late 2021.
• Oregon: Currently in the post public comment period. The Committee Meeting will be held in November 2021, and the final rule will be effective January 1, 2022, if the Board approves in November.
• Vermont: Currently in the post public comment period. The final rule is to go into effect late 2021.
• New Hampshire: The rule is currently being drafted. 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

• Massachusetts: Currently drafting the rule. The proposed rule will be published late 2021/early 2022. The final rule is to go into effect in 2022, with a public comment period during the second half of 2021.
• Montana: The rule is in an informal public comment period (intend to adopt by reference). Informal public comments were due by September 14, 2021, with formal comments to be accepted in 2022.
• Nebraska: The rule is in the internal discussions period. Proposed rule publish date, public hearing, comment periods and meeting notes are set for late 2022. The final rule is expected to be effective late 2022.
• New Hampshire: The rule is still being drafted. Proposed rule is to be published late 2021, along with public hearings, comment periods and meeting notes. The final rule is to go into effect in 2022.
• Texas: The rule is currently in post public comment period. Intended publication is set for December 31, 2021, and the rule is to go into effect January 6, 2022.

Clean Earth has extensive technical capabilities to handle the processing of many types of consumer commodities. We have a custom-built, cutting-edge aerosol recycling plant capable of recycling over 7 million cans per year.  

Learn more about our unique ability to process and fully recycle aerosol waste products.

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