Latest Updates on Aerosol-Universal Waste Adoption


The Aerosols as Universal Waste Rule went into effect on Feb. 7, 2020. Because adding aerosols to the universal waste program makes the Resource Conservation and Recovery Act (RCRA) regulations less stringent than they were before, states are not required to adopt the new rule. However, we believe most, if not all, states will ultimately adopt the Aerosols as Universal Waste Rule.

Clean Earth is tracking the rulemaking process for the states to show when it is effective, as well as the interim steps such as draft regulations and public comment periods.

As mentioned in our previous post, the rule went into effect in Indiana on February 14 and Alabama on February 15. In Tennessee, rulemaking is complete, and the rule will go into effect on June 3, 2021.

Anticipated rulemaking by July 1, 2021

  • Hawaii: Final rule goes into effect June 30, 2021.
  • North Dakota: Final rule goes into effect July 1, 2021.

Anticipated Rulemaking after July 1, 2021

  • Mississippi: Currently drafting rule with public comment in April/May and an expected final rule in summer 2021.
  • Missouri: Currently drafting rule with public comment on March 18.
  • Montana: Stakeholder meetings in spring 2021 and public hearing and comment period in summer 2021. Final rule effective October 1, 2021.
  • New York: Currently drafting rule and written comments accepted until further notice. Formal public comment period in spring 2021.
  • Oklahoma: Rule is in legislative review and expected to go into effect in September 2021.
  • Vermont: Public hearing and comment in spring 2021 and the rule is expected to go into effect in summer 2021.
  • Washington, D.C.: Drafting the rule has been put on hold.
  • Wyoming: Public hearing and comment in spring 2021 and the rule is expected to go into effect in summer 2021.

Washington is not yet considering the rule and is expected to make a decision in 2022.

The Clean Earth Aerosol Recycling System processed 17 million pounds of aerosol cans in 2020. This milestone is a direct result of Clean Earth’s proven history of Final Rule compliance, health and safety initiatives and the Company’s one-of-a-kind recycling system technology, specifically designed to service all industries that produce aerosol, loose spec paint and other consumer commodity waste. 

Contact us today to start your recycling and disposal solution.

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