Wyoming and Montana Adopt Aerosols as Universal Waste Rule with New Hampshire Soon to Follow

The Aerosols as Universal Waste Rule became effective on February 7, 2020 and allows for hazardous aerosol wastes to be classified as universal waste, and managed as such. The rule impacts a variety of waste generators across a multitude of industries.

As more states adopt the rule, Clean Earth is tracking the status to show when it is effective, as well as the process from the drafting period to the public comment period.

Anticipated Rulemaking by July 1, 2022

• Washington D.C.: The rule is in the post public comment period and is to go into effect early Summer 2022.
• Mississippi: The rule is in the post public comment period (adopting by reference). The approval meeting is scheduled for May 26, 2022, and the rule is to go into effect June 26, 2022, at the earliest.
• Montana: The rulemaking is complete and went into effect on May 14, 2022.
• New Hampshire: The rule is in the post public comment period and is to go into effect late June 2022.
• Wyoming: The rulemaking is complete, and the rule went into effect on April 15th, 2022.

Anticipated Rulemaking After July, 2022

• Arkansas: The rule is currently being drafted and undergoing internal review. The proposed publish date, public hearing dates, comment periods, and meeting notices are scheduled for early Summer 2022. The rule is to go into effect in late Summer 2022.
• Minnesota: An amendment is currently being drafted, which will be added to previously proposed rulemaking: Land-Related Housekeeping Amendments. The proposed publish date, along with public hearing dates, comment periods, and meeting notices will take place in October 2022. The amendment is to go into effect in 2023, while the existing rule remains in effect.
• Nevada: The rule is undergoing internal discussions and is to go into effect in 2024.
• Ohio: The rule is in the informal public comment period (aligning with existing law with Federal). The revised regulation is to go into effect Late Summer 2022.

In 2021, Clean Earth recycled 10.3 million pounds of aerosol cans and continues to lead the field in advanced sustainable aerosol recycling. Learn how we transform your aerosol waste into recycling opportunities.

The information, content and materials provided in this Wyoming and Montana Adopt Aerosols as Universal Waste Rule with New Hampshire Soon to Follow blog and in related materials (“Content”) does not, and is not intended to, constitute legal advice, nor is it prepared by lawyer or law firm or as the product of any attorney-client relationship. Content is provided "as is;" no representations are made that the content is error-free. Content is available for general informational purposes only and may not constitute the most current legal or other information.  Recipients of the Content assume all responsibility and risk arising from its use and reliance upon the Contact and should contact an attorney to obtain advice before acting or refraining to act on the Content. All liability with respect to actions taken or not taken based on the Contents is hereby expressly disclaimed.