The APTIM Xchange | February 2023 Regulatory Updates

The U.S. EPA finalized regulations (“Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations”) on November 15, 2019, and published them in the Federal Register on December 9, 2019. These regulations allow for the management of hazardous aerosol can wastes under the universal waste portion of the federal Resource Conservation and Recovery Act (RCRA) hazardous waste rules (40 CFR 273).

The rule became effective on February 7, 2020, in non-authorized states and must be adopted in authorized states.

Hazardous Waste Generator Improvements Rulemaking Status – Heat Map/Matrix

On behalf of APTIM, attached is the January 2023 edition of the Hazardous Waste Generator Improvements Rulemaking Status Tracking Map and Matrix. States with changes from the previous edition are noted in the attached file.

Pharmaceutical Rule Rulemaking Status – Heat Map/Matrix

The U.S. EPA finalized regulations (the “Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine”) on December 11, 2018, and published them in the Federal Register on February 22, 2019. These regulations establish and streamline standards for the management of hazardous waste pharmaceuticals for healthcare facilities and reverse distributors. The primary change to the regulations is the addition of Subpart P (40 CFR 266) – Hazardous Waste Pharmaceuticals. However, modifications have also been made to 40 CFR Parts 261, 262, 264, 265, 268, 270, and 273. These regulations focus on better serving the healthcare sector, eliminating sewering of hazardous waste pharmaceuticals, and better managing nicotine replacement therapies.

The rule became effective on August 21, 2019, in non-authorized states and must be adopted in authorized states, with the exception of the sewering ban, effective on August 21, 2019, across the country. The nicotine amendment is considered less stringent, so is not required to be adopted by authorized states.

APTIM, in conjunction with our partner CleanEarth, tracks the rulemaking process for the states to show when the rule is effective in each state, as well as the interim steps such as draft regulations and public comment periods. We have attached the heat map and summary table to document the current status, which will be updated on a monthly basis. States with changes from the previous edition are noted in the attached file.