RCRA

News & Analysis as of

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

EPA Issues Strategy to Address the Mismatch Between the Federal Hazardous Waste Rules and the Retail Sector

On September 12, 2016, the U.S. Environmental Protection Agency (“EPA” or the “Agency”) issued a strategy for addressing growing concerns about the application of the federal hazardous waste regulations under the Resource...more

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

TSCA/FIFRA/IRIS/NTP/TRI - EPA Extends Comment Period On PIPs: On August 17, 2016, the U.S. Environmental Protection Agency (EPA) extended the comment period on its White Paper describing how EPA intends to modify its...more

EPA Commits to Hazardous Waste Retail Strategy, Policy Expected to Address Point of Generation Issues

On September 12, 2016, the U.S. Environmental Protection Agency (EPA) issued its Strategy for Addressing the Retail Sector under RCRA’s Regulatory Framework. As part of this strategy, EPA will finalize the Resource...more

Air Dud: Emitters of Hazardous Substances Not Liable Under CERCLA

In a case of first impression, the Ninth Circuit recently ruled that facilities with air emissions that included hazardous substances could not be liable for remediating other properties contaminated by those hazardous...more

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

TSCA/FIFRA/IRIS/NTP/TRI - EPA Releases TRI Preliminary Dataset For Calendar Year 2015: On July 20, 2016, the U.S. Environmental Protection Agency (EPA) announced the availability of the Toxics Release Inventory (TRI)...more

Ninth Circuit Rejects CERCLA Liability for Air Emissions

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

Pierce Atwood Environmental Regulatory Compliance Calendar

Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more

Industry Groups Push Back Against Environmental Activists in Suit Over Oil & Gas Waste Disposal Regs.

As we discussed earlier, environmental activists have asked the Environmental Protection Agency (“EPA”) to update its oil and gas drilling waste disposal rules under the Resource Conservation and Recovery Act (“RCRA”). The...more

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