Ohio and Virginia to Adopt Aerosols as Universal Waste Rule by End of 2022

For nearly three years, aerosols have been classified as universal waste in the United States. This classification, established by the EPA’s Aerosols as Universal Waste Rule under the Resource Conservation and Recovery Act (RCRA), allows generators to be less stringent in how aerosols are managed and packaged than if they were classified as hazardous waste.

Over 35 states have adopted this rule or a similar rule. Clean Earth continues to track and report on the status of the remaining states’ rulemaking processes monthly.

Anticipated Rulemaking Before January 2023

Ohio: The rule is in the post public comment period that ensured alignment between existing law and Federal law. The proposed rule was formally published on July 20, 2022. The revised regulation is to go into effect in late October or early November 2022.

Virginia: The rule is currently under legislative review, adopting by reference. The public hearing date was October 11, 2022. The rule is to go into effect 10 days after approval is filed, no later than early November 2022. 

Anticipated Rulemaking After January 2023

Massachusetts: The rule is currently being drafted. The proposed publish date, public hearing dates, comment periods and meeting notices will occur in late 2022. The rule is to go into effect in 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 February 2023. The existing rule remains in effect, with the amendment to go into effect in 2023.

Missouri: The rule is currently being drafted and undergoing stakeholder review, with stakeholder comments due on October 7, 2022. The proposed publish date, public hearing dates and meeting notices are scheduled for late fall 2022. The rule is to go into effect in late 2023.

Nebraska: The rule is undergoing internal discussions. The proposed publish date, public hearing dates, comment periods and meeting notices are scheduled for fall 2023. The rule is to go into effect in 2024.

Nevada: The rule is undergoing internal discussions. The proposed publish date, public hearing dates, comment periods and meeting notices are scheduled for 2024. The rule is to go into effect in 2024.

Wisconsin: The rule is currently being drafted. A preliminary public hearing was held on October 6, 2022, however, the formal hearing dates along with the proposed publish date, comment periods and meeting notices are scheduled for May 2024. The rule is to go into effect in late 2024.

Clean Earth is committed to providing our waste generator partners up-to-date information and specialized services to help them remain compliant. Learn more about Clean Earth’s aerosol recycling opportunities.

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