News & Analysis as of

RCRA Waste Disposal

Baker Donelson

Is "Forever" Really Forever? EPA's New Guidance on PFAS Destruction and Disposal

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EPA recently published a 2024 update to its Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) and Materials Containing PFAS (Interim Guidance), as required by the...more

McGlinchey Stafford

EPA Proposes Adding Nine PFAS to RCRA

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The United States Environmental Protection Agency (EPA) has announced a proposition to add nine per- and poly-fluoroalkyl substances (PFAS) to the list of hazardous wastes under the Resource Conservation and Recovery Act...more

Warner Norcross + Judd

EPA Proposes Two New Rules Regulating PFAS

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On February 8, 2024, the U.S. Environmental Protection Agency (EPA) proposed two new rules to implement the agency’s ongoing efforts to regulate PFAS. Both proposed rules relate to regulations under the Resource...more

Troutman Pepper

U.S. EPA Issues FAQ Memo on Lithium-Ion Battery Management Under RCRA

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As lithium-based batteries become more prevalent in everything from electric vehicles (EVs) to industrial-scale batteries, as well as e-scooters and personal electronics, more questions arise regarding how to properly manage...more

Perkins Coie

California River Watch v. Vacaville: “A Better Considered Position” Under RCRA

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit, on July 1, 2022, took the extraordinary step of reversing its prior decision in California River Watch v. City of Vacaville. The Ninth Circuit ruled that “transportation” under...more

Downey Brand LLP

Ninth Circuit Court of Appeals Reverses RCRA Citizen Suit Decision Affecting Drinking Water Supply Agencies in California River...

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In a significant course-correction, a Ninth Circuit panel recently revisited its prior opinion in California River Watch v. City of Vacaville, (14 F.4th 1076 (9th Cir. 2021) (“Vacaville I”)), where the Court previously held...more

K&L Gates LLP

EPA and States Get Busy on PFAS Waste Regulation

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The Biden administration has prioritized regulating Per- and Polyfluoroalkyl Substances (PFAS), which are a class of fluorinated chemicals used in products as varied as food packaging and fire-fighting foams because they are...more

Downey Brand LLP

Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA...

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The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Closed Hazardous Waste Units: U.S. Environmental Protection Agency Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 29th report titled: EPA Does Not Consistently Monitor Hazardous Waste Units Closed with Waste in Place or Track...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Western Illinois University Enter into Consent Agreement and...

The United States Environmental Protection Agency (“EPA”) and Western Illinois University (“Western”) entered into a February 11th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Illinois...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Covington, Louisiana, Health Care Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Ochsner Health Center (“OHC”) entered into an October 6th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource Conservation and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Combustion Residuals: U.S. Environmental Protection Agency Approves Georgia Program

The United States Environmental Protection Agency (“EPA”) approved the Georgia Environmental Protection Division’s partial Coal Combustion Residuals (“CCR”) state permit program on January 10th. EPA approved the Georgia...more

Seyfarth Shaw LLP

EPA Promulgates “Streamlined System” for Managing Hazardous Waste Aerosol Cans

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Seyfarth Synopsis: Last week the U.S. Environmental Protection Agency (EPA) finalized a “streamlined system” for managing hazardous waste aerosol cans as Universal Waste. The Agency believes that the new system will be...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Combustion Residuals: U.S. Environmental Protection Agency Announces First Approval of a State Program (Oklahoma)

The United States Environmental Protection Agency (“EPA”) announced on June 18th that it was approving the State of Oklahoma’s application to operate a permit program for disposal of coal combustion residuals (“CCRs”) in...more

Holland & Knight LLP

Issue Spotlight: Proper Hazardous Waste Storage and Disposal at Healthcare Facilities

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With all of the regulatory obligations that hospitals and other healthcare facilities need to comply with, it might be easy to overlook an environmental law that can lead to significant trouble. Hospitals may find themselves...more

Seyfarth Shaw LLP

EPA Proposes Recycling Aerosol Cans As Universal Waste

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Seyfarth Synopsis: EPA announces its proposal to streamline the regulation of hazardous waste aerosol cans by adding them to the list of materials that can be managed under the Universal Waste management system....more

Kelley Drye & Warren LLP

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

Snell & Wilmer

Regulatory Burdens On Retailers Continue to Evolve

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

Robinson+Cole Manufacturing Law Blog

Can Air Emissions Lead to CERCLA Liability?

The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”) imposes fairly broad liability on potentially responsible parties (“PRPs”) to pay for the investigation and...more

Davis Wright Tremaine LLP

Creative Lawyering In RCRA Criminal Action Fails to Find Favor with the Ninth Circuit

The Resource Conservation and Recovery Act, the federal law that regulates management of hazardous waste, is complicated and compliance can be tricky... but not impossible. Our experience is that good faith efforts to comply...more

Williams Mullen

Environmental Notes - June 2015

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In this Issue: - EPA Issues SIP Call to Eliminate SSM Defense - EPA and Corps Define “Waters of The United States” - Frequent Questions: EPCRA 313 - Generators Need to be Vigilant About TCLP Sampling...more

Williams Mullen

Generators Need to be Vigilant About TCLP Sampling Protocol

Williams Mullen on

The Toxicity Characteristic Leaching Procedure (TCLP), SW-846 Method 1311, was promulgated by EPA pursuant to the Resource Conservation and Recovery Act to test and determine the potential leaching rate of disposed hazardous...more

McGuireWoods LLP

Environment 2015: Contamination and Waste Management Issues

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This year is sure to bring a number of significant changes in the areas of waste management and cleanup, vapor intrusion, due diligence and issues related to real estate purchases. ...more

BakerHostetler

EPA Significantly Revises Regulations Affecting Hazardous Materials Recyclers

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On December 10, 2014, EPA released a prepublication version of its long-awaited final rule revising regulations affecting hazardous materials recyclers under the Resource Conservation and Recovery Act (“RCRA”). The rule,...more

McDermott Will & Emery

Hazardous Waste Recycling Regulations – the Latest Chapter

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“A long time ago in a [May 19, 1980 Federal Register] far, far away [or so it seems],” the U.S. Environmental Protection Agency (EPA) declared its authority to regulate all hazardous secondary material, whether discarded or...more

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