South Carolina, Tennessee adopt Aerosol-Universal Waste Rule
Aerosol cans are broadly used for dispensing a range of products from paints to solvents, pesticides, food, personal care goods and more. The Household & Commercial Products Association (HCPA) estimates that 3.75 billion aerosol cans were filled in the U.S. in 2016 for use by commercial and industrial facilities as well as by households.
With the Aerosols as Universal Waste Rule, the Environmental Protection Agency (EPA) has added hazardous waste aerosol cans to those “universal wastes” regulated under title 40 of the Code of Federal Regulations (CFR), part 273.
As more states adopt the rule, Clean Earth is tracking the status to show when and where the rule is effective, as well as the interim steps such as draft regulations and public comment periods.
South Carolina is the latest state to adopt the rule, which went into effect on May 28, 2021, along with Tennessee where it went into effect June 3, 2021.
In North Dakota, final rule making is complete and will go into effect on July 1, 2021.
Anticipated rulemaking by July 1, 2021
- Idaho: Rule is in legislative/executive review, and a temporary rule goes into effect July 1, 2021 (effective upon legislative session adjournment).
Anticipated rulemaking after July 1, 2021
- Massachusetts: Currently drafting the rule. Proposed rule to be published summer 2021, with final rule going into effect in fall 2021. Public hearing is postponed.
- Missouri: Currently drafting the rule. Proposed rule to be published late summer 2021 with final rule effective in 2021. Public hearing and comment in late summer 2021 and stakeholder meetings also in summer.
- New Hampshire: Currently drafting the rule. Proposed rule to be published in June 2021 with the final rule going into effect in summer 2021.
- New York: Currently drafting the rule (FedReg6) with written comments accepted until further notice. Formal public comment period will be in summer 2021 with final rule expected to take effect in 2022.
- Oregon: Rule is in internal discussions (advisory committee formation) (DEQ rulemaking plan - Item 10). Notice of rulemaking expected in August 2021 along with public comment. Public hearing to follow in September 2021 and committee meetings in December 2021. Final rule to go into effect in 2021 or 2022.
- Vermont: Currently drafting the rule. Proposed rule published in summer 2021 along with public comment. Final rule to go into effect in fall 2021.
- Wyoming: In public comment period (draft rules). Public comment on draft rules on June 29, 2021, and on proposed rules in summer 2021. Final rule to go into effect spring 2022.
Similar rule already in effect
- Minnesota: Currently drafting the rule (adding it to previously proposed rulemaking: Land-Related Housekeeping Amendments). Proposed rule to be published October 2021 with final rule going into effect in 2022. Public hearing and comment to be held in October 2021.
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