New Hampshire Adopts Aerosols as Universal Waste Rule; Ohio and Virginia Soon to Follow

The U.S. Environmental Protection Agency’s (EPA) Aerosols as Universal Waste Rule became effective on February 7, 2020, and has been adopted state by state since. Adding aerosols to the list of universal waste, makes the Resource Conservation and Recovery Act (RCRA) regulations less stringent. In looking at the precedent of how states have adopted previous changes to universal waste rules, it’s likely that all, if not most, states will adopt this rule.

Currently, this rule or a similar rule is in effect in 35 states. Clean Earth plans to track and report the status of remaining states when it comes to adopting this rule.

Rule is in Effect

New Hampshire: The rulemaking is complete and went into effect on July 23, 2022.

Anticipated Rulemaking by January 2023

Ohio: The rule is in the formal public comment period, aligning with existing Federal law. The proposed rule was published on July 20, 2022. The public hearing and comments are due August 24, 2022. The revised regulation is to go into effect in September 2022.

Virginia: The rule is currently being drafted, adopting by reference. The public hearing date, originally scheduled for July 26, 2022 was cancelled and is now scheduled for October 2022. The rule is to go into effect in November 2022.

Anticipated Rulemaking after January 2023

Maryland: The rule is currently being drafted. The proposed publish date, public hearing dates, comment periods and meeting notices are set for late 2022. The rule is to go into effect in Spring 2023.

Minnesota: The amendment to the previously proposed rulemaking is currently being drafted. The proposed publish date, public hearing dates, comment periods and meeting notices are set for December 2022. The existing rule remains in effect, with the amendment to go into effect in 2023.

Wisconsin: The rule is currently being drafted. The proposed publish date, public hearing dates, comment periods and meeting notices are scheduled for May 2024. The rule is to go into effect in late 2024.

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