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12/22/2021

Oregon to Adopt Aerosols as Universal Waste Final Rule by End of 2021

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At large retail facilities, aerosols have accounted for up to 40% of the items managed as hazardous waste. However, in February of 2020, the Environmental Protection Agency (EPA) added aerosol cans to the federal universal waste list, allowing generators to manage aerosol products with the less complicated universal waste requirements. As a result, retailers are able to significantly reduce how much hazardous waste they are generating.

Additionally, the following outlines the state-by-state implementation of the Aerosols as Universal Waste Rule, focusing on changes over the past month.

Similar rule already in effect

  • Colorado: The rulemaking is complete with publication pending per the effective date. Public hearing is approved with the final rule going into effect January 14, 2022, if published December 30, 2021.
  • Utah: Amended the existing similar law which went into effect December 13, 2021.

Anticipated rulemaking by December 2021

  • Oregon: Rulemaking is complete and pending an effective date. A Committee meeting was held November 17, 2021, where the final rule was approved and it will go into effect January 1, 2022.

Anticipated rulemaking after December 2021

  • Kansas: The proposed rule is to be published in 2022. Public hearing, comment periods and meeting notices are to take place in 2022 with an informal request for feedback in the first half of the year. The final rule is to go into effect in 2023.
  • Massachusetts: The proposed rule is to be published in early 2022, along with the public hearing, comment periods and meeting notices.
  • Mississippi: Regulations are written and notices are being worked on with the proposed rule set to be published January 2022. The public hearing, comment periods and meeting notices are to be held in March 2022 with the final rule going into effect in 2023.
  • Missouri: The drafted rule is in the Stakeholder Review Period with the proposed rule to be published early 2022. Public hearing dates, comment periods and meeting notices are set for early 2022 with the final rule going into effect in 2023.
  • Montana: The formal rule is being drafted and is intended to be adopted by reference. The proposed rule is to be published in January or February 2022. The formal public hearings, comment periods and meeting notices are tentatively scheduled for February 9, 2022.
  • New Hampshire: The proposed rule is to be published early 2022. Public hearings, comment periods and meeting notices are set to take place early 2022.
  • Texas: Anticipated publication of the final rule is set for January 28, 2022, and will go into effect February 3, 2022.
  • Vermont: Rulemaking is under legislative review with the meeting to be held December 23, 2021. The final rule is to go into effect late January/early February 2022.
  • Washington, D.C.: The proposed rule is currently being drafted and is to be published early 2022. Public hearing, comment periods and meeting notices are to take place early 2022 with comments accepted for 30 days following publication. The final rule is to go into effect early 2022.
  • Wyoming: The rule is currently being drafted and reissued. Public comments are being reissued and due early 2022. The Environmental Quality Council is being reissued and will meet February 15-16, 2022. The final rule is to go into effect in 2022.

Clean Earth works closely with industries like construction, defense, industrial and chemical by processing their hazardous waste streams, including hazardous aerosols, lab packs and pharmaceutical waste, asbestos, flammable solids and more. Our company approach is to offer smarter and greener solutions, and that includes our methods to recycle hazardous waste safely and efficiently.

Learn more about how we service multiple industries’ hazardous waste.

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