News
7/22/2022

Washington D.C., New Hampshire and Ohio to adopt Aerosols as Universal Waste Rule by end of Summer 2022

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Consumer commodities, such as aerosol cans, are a potential waste stream providing environmental challenges. The Environmental Protection Agency (EPA) signed into law that aerosols are considered universal waste as opposed to hazardous waste. This distinction allows generators to manage aerosol cans under less burdensome requirements and as a result, reduce the amount of hazardous waste they are generating.

Clean Earth aids waste generators in remaining compliant by providing monthly updates to the rule status across states.

The Rule is in Effect

Mississippi: The rulemaking is complete and went into effect on July 1, 2022.

Anticipated Rulemaking by January 2023

Washington D.C.: The rule is currently undergoing legislative review (adopting by reference). The rule is to go into effect in Summer 2022.

New Hampshire: The rule is undergoing legislative review. The JCLAR meeting occurred on July 21, 2022. The rule is to go into effect late July 2022.

Ohio: The rule is now in the post informal public comment period (aligning existing law with Federal law), and the revised regulation will go into effect late summer 2022.

Virginia: The rule is currently being drafted (adopting by reference). The public hearing dates, comment periods and meeting notices occurred by July 26, 2022. The final rule is to go into effect 30 days after publication: either September 14, 2022, or September 28, 2022.

Anticipated Rulemaking After January 2023

Kansas: The rule is currently being drafted (by reference – BWM Policy 2017-P2). The proposed publish date as well as the public hearing dates, comment periods, and meeting notices will occur in Fall 2022. The rule is to go into effect in Spring 2023.

Maine: The rule is undergoing internal discussions. The proposed publish date along with public hearing dates, comment periods and meeting notices will occur in Fall 2023. The rule is to go into effect in 2024.

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

New York: The rule is currently being drafted. The proposed publish date is late 2023. Written comments are currently being accepted until further notice. The rule is to go into effect in 2024.

South Dakota: The rule is undergoing internal discussions. The proposed publish date, public hearing dates, comment periods and meeting notices will occur in Summer or Fall 2023. The rule is to go into effect in 2024.

Aerosol APTIM July 2022

Clean Earth can recycle nearly all aspects of an aerosol can; plastic caps, actuators, dip tubes, valve components, and exterior containers can be processed to create a potential resource.

The information, content and materials provided in this Washington D.C., New Hampshire, and Ohio to Adopt Aerosols as Universal Waste Rule by End of Summer 2022 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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