News & Analysis as of

Coal Ash Regulation Update

The U.S. EPA’s efforts to develop a new regulatory path for coal ash (“Coal Combustion Residuals” or “CCR”) by regulating the material either as a hazardous waste or as a solid but non-hazardous waste, are nearing a...more

RCRA Developments - What’s Hot, What’s Simmering?

EPA’s efforts to regulate certain types of wastes as hazardous wastes -- some decades in the making -- are starting to see the light of day. Ranging from “very hot” to “simmering,” a number of EPA’s rules under the Resource...more

Proposed Regulation of Hazardous Waste in Retail Sector

The Environmental Protection Agency has released a Notice of Data Availability (NODA) in order “to collect information towards improving hazardous waste requirements for the retail sector.” Retailer hazardous waste violations...more

Retailers: It’s Time To Check How Your Stores Manage Their Waste

If you’re a retailer, it’s a good time to assess your system for tracking and managing hazardous waste. Think you don’t generate any? Think again. Those aerosol cans, product returns from customers, old pharmaceuticals and...more

Who Knew? Hazardous Waste Management by Retail Stores

The U.S. Environmental Protection Agency (EPA) released a “pre-publication” Notice of Data Availability for Hazardous Waste Management in the Retail Sector (the “Notice”), to be published in theFederal Register. The Notice...more

Capital Thinking: Environment and Natural Resources

EPA SEEKS PUBLIC INPUT ON CLIMATE CHANGE - The Environmental Protection Agency (EPA) has issued a request for comment on its draft report concerning the impacts of climate change to human health. The agency is seeking...more

EPA's New Solvent Wiper Rule Wipes Out Maine's Policy

For many years, both the U.S. Environmental Protection Agency (EPA) and the State of Maine Department of Environmental Protection (DEP) have wrestled with the practical question of how solvent-contaminated wipes should be...more

EPA Conditionally Excludes CO2 Geologic Sequestration from RCRA Regulation

On December 19, 2013, the Environmental Protection Agency (EPA) issued a final rule revising the definition of hazardous waste under the Resource Conservation and Recovery Act (RCRA), to conditionally exclude carbon dioxide...more

What to Expect From EPA in 2014

The Environmental Protection Agency (EPA) is likely to spend more time and effort on promulgating new regulations than pursuing enforcement during 2014. The agency has acknowledged that budget cuts will affect the number of...more

At Long Last . . . EPA Announces Rule on Industrial Solvent-Contaminated Wipes

On July 22, 2013, the U.S. Environmental Protection Agency (EPA) announced that it had finalized a rule revising the definition of solid waste to conditionally exclude solvent-contaminated wipes that are cleaned and reused,...more

EPA Reduces Regulatory Burden for Industrial Facilities Using Solvent Wipes

On July 23, 2013, the U.S. Environmental Protection Agency (EPA) announced that it was modifying the hazardous waste management regulations under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude...more

USEPA’s PCB Bulk Product Waste Reinterpretation – 40 CFR Part 761

PCBs were domestically manufactured from 1929 until their manufacture was banned in the United States in 1979. Due to their non-flammability, chemical stability, high boiling point, and electrical insulating properties, PCBs...more

When is the Meaning of a Statute Sufficiently Plain? The D.C. Circuit Restores EPA Authority to Withdraw Approval of Section 404...

In a decision on Tuesday that must have sent shivers down the spine of every coal company executive, the D.C. Circuit Court of Appeals restored EPA’s authority to withdraw the specification of streams for the disposal of...more

EPA Finally Amends Its Boiler MACT Regulations And Further Defines Fuels Versus Wastes

Boiler owners beware – EPA has “finalized” its Boiler MACT, GACT, CISWI and NHSM rules and the compliance clocks have begun ticking. EPA expects the rules to affect about 200,000 boilers and that annualized compliance costs...more

EPA Uncertain When Coal Ash Rule Will Be Finalized

A recent article in Bloomberg BNA reports that the U.S. EPA (Environmental Protection Agency) is currently unable to provide a definitive timeline for promulgating final regulations on the management of coal ash generated by...more

Boiler Or Incinerator And Secondary Materials That Are Solid (Not Hazardous) Wastes

It’s almost never easy to fathom federal environmental regulations and this held true when a set of regulations was recently issued by the U.S. EPA. On December 20, 2012, the Agency issued a series of rules, primarily under...more

Disposing Of Pharmaceutical Waste: Some Progress

In 2008, the U.S. Environmental Protection Agency (EPA) seemed to be on the road to providing some much-needed clarity to hospitals and other medical facilities concerning the disposal of pharmaceuticals by proposing that...more

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