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11/16/2020

Florida Adopts Aerosols as Universal Waste Rule

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NOVEMBER 16, 2020

Florida is now the 11th state, as well as the U.S. territory of Puerto Rico, to adopt the Aerosols as Universal Waste Rule. Five additional states have their own similar rule already in effect, including California, Utah, Colorado, New Mexico and Ohio.

While the Aerosols as Universal Waste Rule is currently in effect in Minnesota, there is an anticipated amendment after Dec. 31, 2020, with public comment in the first half of 2021. Arizona and Delaware are expected to have rulemaking by Dec. 31, 2020.

Additionally, anticipated rulemaking after Dec. 31, 2020, is likely in:

  • Alabama
  • Idaho
  • Oklahoma

The following states also have anticipated rulemaking after Dec. 31, 2020, with public comment in second half of 2020:

  • Washington, D.C.
  • Hawaii
  • Mississippi
  • Nebraska
  • Wyoming

In late 2019, the Environmental Protection Agency (EPA) added aerosol cans to universal waste regulations. The Final Rule affects those who generate, transport, treat, recycle or dispose of hazardous waste aerosol cans.

To ensure regulatory compliance, generators should focus on:

  • Revising and updating policies and procedures from aerosols as hazardous waste to universal waste, including
    • Waste determination and profiles
    • Generator status/category determination and resulting regulatory requirements
    • Training and 
    • Recordkeeping
  • Making adjustments at the store or facility level, including labeling and deciding to segregate waste or not.
  • Preparing revised notifications to send to agencies to decrease generator status, if applicable. Coordinate with the Hazardous Waste Generator Improvement Rule notification required by Sept. 1, 2021.

Current Clean Earth customers are encouraged to coordinate profile changes, pick-up frequency and shipping documents with the company. 

Clean Earth has extensive technical capabilities to handle the processing of many types of consumer commodities and recycling aerosols and spray cans. Learn more about our innovative aerosol can disposal and recycling methods, including recycling spray paint cans, here.

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