RCRA

News & Analysis as of

Oregon Supreme Court Confirms Oregon RCRA and Related Rules Impose Strict Liability

On February 9, the Oregon Supreme Court affirmed the decisions of the Oregon Environmental Quality Commission (OEQC) and the Oregon Court of Appeals that Oil Re-Refining Company (ORRCO) was strictly liable for “simple”...more

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2017

TSCA/FIFRA/NTP - EPA Proposes Regulation Of TCE Use In Vapor Degreasing Under TSCA Section 6(a): On January 19, 2017, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 6(a) of the...more

Coal Ash Backfill: Congress Authorizes EPA to Approve State Coal Combustion Residue Programs

As mentioned in our Alert of “A WIIN for Water Infrastructure” on the recently signed Water Infrastructure Improvements for the Nation (“WIIN”) Act, Congress included provisions intended to provide national consistency and...more

Climate Change Hits EPA: 30 Pending Regulations Frozen

In accordance with direction from the Trump administration, the U.S. Environmental Protection Agency (“EPA”) has published a final rulemaking delaying the effective date of 30 pending regulations until at least March 21,...more

Wrap-Up of Federal and State Chemical Regulatory Developments, January 2017

TSCA/FIFRA/IRIS/NTP/TRI - EPA Promulgates Final TSCA Reporting And Recordkeeping Rule For Nanoscale Materials: After over a decade of effort, the U.S. Environmental Protection Agency (EPA) issued on January 12, 2017, a...more

EPA Exploring Revisions to RCRA Waste Handling Regulations for Retailers

The U.S. Environmental Protection Agency ("EPA") is pursuing plans to address the unique challenges faced by retailers in complying with the waste handling regulations of the Resource Conservation and Recovery Act ("RCRA")....more

Wrap-Up of Federal and State Chemical Regulatory Developments, December 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Proposes To Add Nonylphenol Ethoxylates To Section 313: On November 16, 2016, the U.S. Environmental Protection Agency (EPA) proposed to add nonylphenol ethoxylates (NPE) as a category for...more

EPA’s Newly Adopted Hazardous Waste Generator Improvements Rule: A Much-Needed Improvement

On November 28, 2016, the EPA published its Hazardous Waste Generator Improvements Rule, finalizing a much-needed update to the 30-year old Resource Conservation and Recovery Act (RCRA) hazardous waste generator regulations. ...more

EPA Releases CERCLA Financial Assurance Rule

EPA has released its long-awaited proposed CERCLA financial assurance regulations for the hardrock mining industry. When finalized, these regulations will serve as a model for financial assurance regulations for other...more

Big Changes Coming – EPA Publishes its Hazardous Waste Generator Improvements Rule

Seyfarth Synopsis: The EPA’s new “Hazardous Waste Generator Improvements Rule,” while containing some changes that industry welcomes, also contains new requirements that present challenges for the regulated community. We will...more

EPA Finalizes Hazardous Waste Generator Improvements Rule

EPA published its final Hazardous Waste Generator Improvements Rule (“HWGIR” or “Rule”) on November 28, 2016, in the Federal Register (81 Fed. Reg. 85732–85829). This long-awaited Rule makes over 60 changes to the existing...more

Regulatory Burdens On Retailers Continue to Evolve

In the run up to the Presidential Election, you may have missed some of the following regulatory developments that might impact your business....more

Impacts of the 2016 U.S. Election on Environmental Law, Policy, and Enforcement

The 2016 election results will have wide-ranging impacts on the future direction of environmental law, policy, and enforcement in the U.S. With 100 lawyers in offices around the U.S. focused on environmental and natural...more

EPA Overhauls Rules for Hazardous Waste Generators, Imposing Substantial New Burdens on Hundreds of Thousands of Facilities in...

1 Introduction - On October 28, 2016, the Administrator of the U.S. Environmental Protection Agency (“EPA” or the “Agency”) signed a final rule that completely overhauls the long-standing requirements for generators of...more

Is Your Waste Coming or Going? EPA Revises Hazardous Waste Export-Import Rules and Reforms Generator Rules

In late October 2016, the United States Environmental Protection Agency (EPA) adopted two final rules that will very shortly change procedures for those who export or import Resource Conservation and Recovery Act (RCRA)...more

EPA Elects Not to Publicize Changes to S-846 Guidance

EPA has revised its procedures for making certain changes to its “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” also known as SW-846. The test method and its compendium of guidance documents provide...more

U.S. EPA Issues Final Rule on Hazardous Waste Import & Export - Effective December 31, 2016

On October 28, 2016, the United States Environmental Protection Agency (U.S. EPA) released a pre-federal register copy of changes to Resource Conservation and Recovery Act (RCRA) regulations which will require exporters of...more

The (much!) Higher Cost of Non-Compliance: Federal Civil Penalties Increase

EPA has released an interim final rule with penalty adjustments mandated by a new law (“Interim Rule” or “Rule”). Most importantly, the “catch up” adjustments under the Interim Rule carry quite a wallop for those subject to...more

U.S. EPA Issues Revisions to Hazardous Waste Generator Rule, To Be Finalized in October 2016

The U.S. Environmental Protection Agency published proposed revisions to Hazardous Waste Generator regulations in September 2015. The public comment for the proposed revisions closed at the end of December 2015 and the...more

Federal Court Decision Finding EPA has a Non-Discretionary Duty to Evaluate Employment Impacts under the Clean Air Act May Have...

An October 2016 federal court decision confirmed that, as a matter of law, the Environmental Protection Agency (EPA) has a non-discretionary duty to undertake an ongoing evaluation of job losses that may result from...more

WV District Court: EPA Has A Non-discretionary Duty Under The CAA To Evaluate Economic Losses Resulting From Government Action

On October 17, the U.S. District Court for the Northern District of West Virginia coalgranted summary judgment to Murray Energy Corporation, which sued the Environmental Protection Agency (EPA) seeking declaratory and...more

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Issues Statements Of Findings For September 2016: On September 23, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice announcing its findings after its review of Toxic...more

Retailers May Be Liable for Hazardous Waste Violations

Whole Foods, a high end national grocery store chain, just agreed to pay a $3.5 million fine to the Environmental Protection Agency (“EPA”) for allegedly violating hazardous waste regulations. EPA has announced that it will...more

EPA's Coal Ash Rule Continues to Draw Criticism - From Both Sides

The EPA’s publication of a coal ash rule on April 17, 2015, did little to resolve the debate about the proper management of the material. Members of Congress have continued to push for legislation which would change...more

EPA’s New Strategy for Addressing the Retail Sector under RCRA

Seyfarth Synopsis: EPA publishes new Retail Strategy in an attempt to address the unique challenges the retail sector faces in complying with RCRA’s hazardous waste regulations. The regulation of hazardous waste in...more

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