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3/01/2023

Washington, D.C., Adopts Aerosols as Universal Waste Rule with Massachusetts to Take Effect Soon

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The Environmental Protection Agency (EPA) added aerosols to the federal universal waste list in February 2020. Since then, businesses that manage aerosols have benefitted from clearer guidelines. By easing regulatory burdens, the Aerosols as Universal Waste Rule has reduced the amount of hazardous waste that counts toward a generator’s status.

Clean Earth is tracking the rulemaking process and providing updates on when the rule goes into effect. It is also reporting on the interim steps, such as draft regulations and public comment periods. The following outlines implementation and status changes in the past month and upcoming rulemaking milestones.

Completed Rulemaking:

Washington, D.C.: Rulemaking is complete. The rule went into effect on January 20, 2023.

Anticipated Rulemaking:

Massachusetts: The rule is currently in the public comment period. The proposed publish date is January 4, 2023. Public hearings were scheduled for January 30, 2023, through February 3, 2023, with comments due February 17, 2023. The final rule is to go into effect in 2023.

Minnesota: The rule is currently being amended. The proposed publish date, public hearing dates, comment periods and meeting notices will occur in July 2023. The amended rule is to go into effect in December 2023 if no hearing is required or June 2024 if a hearing is required. The existing rule remains in effect.

Washington: The rule is undergoing internal discussions. The proposed publish date is scheduled for 2023. The public hearing dates, comment periods, meeting notices and final rule effective date are not yet determined.

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Responsible disposal of aerosols is essential in reducing their potential to cause environmental harm. Clean Earth has a custom-built, cutting-edge aerosol recycling plant capable of recycling over 7 million cans per year. 

You can find additional information on Clean Earth’s abilities to process and recycle aerosol waste products here.

The information, content and materials provided in this Washington, D.C., Adopts Aerosols as Universal Waste Rule with Massachusetts to Take Effect Soon blog and in related materials (“Content”) does not, and is not intended to, constitute legal advice, nor is it prepared by lawyer or law firm or as the product of any attorney-client relationship. Content is provided "as is;" no representations are made that the content is error-free. Content is available for general informational purposes only and may not constitute the most current legal or other information. Recipients of the Content assume all responsibility and risk arising from its use and reliance upon the Contact and should contact an attorney to obtain advice before acting or refraining to act on the Content. All liability with respect to actions taken or not taken based on the Contents is hereby expressly disclaimed.

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