Mississippi, Montana, and Washington D.C. to Adopt Aerosols as Universal Waste Final Rule by July 2022

The Aerosols as Universal Waste Rule, established in February 2020 by the Environmental Protection Agency (EPA), allows aerosol cans to be managed as universal waste as opposed to hazardous waste. This rule allows aerosol can wastes to be handled with less complicated requirements.

Clean Earth monitors the adoption of this rule state-by-state:

Similar State Law Already in Effect

• Ohio: The rule is currently being drafted. Ohio already has a similar law, but changes will be required. The publishing date, public hearing dates, comment periods, and meeting notices will occur in March 2022.

Anticipated Rulemaking by July 1, 2022

• Mississippi: The rule is in the post public comment period (adopting by reference). The rule is to go into effect late April 2022.
• Montana: The rule is in the post public comment period (adopting by reference). The rule is to go into effect May 2022.
• Washington D.C.: The rule is in the post public comment period (adopting by reference). The comment period was extended to March 7, 2022. The rule is to go into effect late March or early April 2022.

Anticipated Rulemaking after July 1, 2022

• New Hampshire: The rule is currently being drafted. The publishing date, public hearing dates, comment periods, and meeting notices will occur in March 2022. The rule is to go into effect in Summer 2022.
• South Dakota: The rule is undergoing internal discussions. The publishing date, public hearing dates, comment periods, and meeting notices are to occur in Summer 2022.
• Wyoming: The rule is in legislative review and is to go into effect in 2022.

Clean Earth recognizes discarded aerosols as a potential resource that can be fed back into the production process.

Learn more about how we transform aerosol waste into recycling opportunities.

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