Aerosol - Universal Waste Rulemaking Status - May 2020

MAY 29, 2020

In December, the U.S. Environmental Protection Agency signed a Final Rule to add hazardous waste aerosol cans to the Universal Waste (UW) Program under the Federal Resource Conservation and Recovery Act (RCRA) regulations. The Final Rule went into effect on Feb. 7 in Alaska, Iowa and Puerto Rico. Shortly after Feb. 7, the rule went into effect in KY, NJ, NC and PA.

Regulations on this new rule are less stringent than current aerosol regulations, which classify aerosols as hazardous waste, but all states will need to adopt this rule into their state regulations over time. This rule will impact a variety of establishments, including in the retail sector, across the country.

States Where the Rule is in Effect

Alaska, California, Colorado, Iowa, Kentucky, Minnesota, New Mexico, New Jersey, North Carolina, Pennsylvania, Utah

Specific Updates

Arizona is setting a proposed rue date to be published along with its daft rules in place in May 2020. Delaware is currently it its public comment period with a draft awaiting publication, with a proposed rule date for May and a comment period effective upon publication. Indiana is in its public comment period as the proposed rule date was published in April, comments were due on 5/22/2020. Kansas is currently drafting its rule. Missouri has a proposed rule date to be published in summer or fall of 2020 with a public hearing in the fall, and a final rule effective date of late 2020. New Hampshire is currently drafting its rule with a published date proposal of summer 2020,  public hearing dates for summer or fall in 2020, and a rule effective date of this 2020 or 2021. South Carolina is currently drafting a rule, its notice of drafting was set for 4/24/2020, comments being due on 5/26/2020, and a final rule effective date for fall of 2020.