California, Colorado, Minnesota, New Mexico, Ohio, and Utah already considered aerosols to be universal waste and under the Aerosol Can Rule, are allowed to keep these programs in lieu of adoption. Texas and New Jersey listed aerosol paints and oil finishes as universal waste prior to the federal final rule but were not referenced in the rule and as a result will need to publish amendments to their universal waste rules to include aerosol cans.
Arkansas, Connecticut, District of Columbia, Florida, Hawaii, Illinois, Indiana, Kansas, Maine, Maryland, Massachusetts, Mississippi, Missouri, Montana, Nebraska, Nevada, New York, Oregon, South Carolina, South Dakota, Virginia, Washington, and Wisconsin have not yet publicly shared timelines for the adoption of the Aerosol Can Rule. While some of these states may have not addressed adoption of the rule to focus on other priorities, the main cause of delay can be assumed to be the state regulatory processes that must be followed internally before publishing an official adoption proposal.
Alabama, Arizona, Georgia, Idaho, Louisiana, New Hampshire, North Dakota, Oklahoma, Rhode Island, Tennessee, and Wyoming have publicly announced a timeline for adoption of the Aerosol Can Rule. These adoption dates vary, with a majority expecting the adoption and effective date to occur in early to mid-2021. These dates may change if these states decide to include the Aerosol Can Rule in existing adoption dockets.
Alaska, Iowa, Kentucky, Michigan, North Carolina, Pennsylvania, and Puerto Rico have adopted the Aerosol Can Rule either by reference or with minimal changes.
Please note that this adoption analysis is accurate as of the publishing of this blog post. To see the latest information on state adoption of the Aerosol Can Rule, visit the Retail Compliance Center’s Aerosols as Universal Waste State Tracking Matrix.