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Carbon Regeneration Facility/TSD Permit: U.S. EPA Environmental Appeals Board Decision Addressing Petition for Review

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) issued a June 13 decision addressing a Petition for Review of a Resource Conservation and Recovery Act (“RCRA”) permit related to a...more

Used Oil/Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation and Chattanooga, Tennessee Regional...

Used Oil/Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation and Chattanooga, Tennessee Regional Medical Center Enter into Consent Order The Tennessee Department of Environment and...more

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Union County, Arkansas Hazardous Waste Incinerator...

The Arkansas Department of Environmental Quality (“ADEQ”) and Clean Harbors El Dorado, LLC (“Clean Harbors”) entered into a May 17th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution...more

Property Access/Superfund: U.S. District Court (W.D. Washington) Addresses U.S. Environmental Protection Agency's Request to...

A United States District Court (Western District of Washington) addressed the United States Environmental Protection Agency’s (“EPA”) request for access to real property in King County, Washington to undertake certain...more

Photovoltaic Modules (Solar Panels)/Universal Waste: California Department of Toxic Substances Control Proposed Designation

The California Department of Toxic Substances Control (“DTSC“) is proposing to include photovoltaic modules (“PV”) on the list of hazardous wastes eligible to be managed as universal waste. PV modules are commonly...more

Discarded Carpet/Non-Hazardous Secondary Materials: U.S. Environmental Protection Agency Addresses Whether Material Constitutes a...

The United States Environmental Protection Agency (“EPA”) in a March 21st letter addressed a request to determine whether certain discarded carpet that a company plans to process into fuel would be considered a solid waste...more

Waste Derived Fuels/Cement Manufacturing Facility: Indiana Appellate Court Addresses Zoning Classification Issue

The Court of Appeals of Indiana “Court“ in an April 18th opinion addressed a zoning question associated with a cement kiln’s desire to utilize liquid waste derived fuels (“LWDF”). See Essroc Cement Corp v. Clark County Board...more

TDI Emission Calculator: American Chemistry Council/Center for the Polyurethanes Industry

The American Chemistry Council (“ACC”) referenced in a April 17th news release the availability of a Center for the Polyurethanes Industry TDI Emission Calculator (“TDI Calculator”). The TDI Calculator is described as a...more

Waters of the United States/U.S. EPA Proposed Rule: Arkansas Valley Audubon Society Comments

The United States Environmental Protection Agency (“EPA”) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (“WOTUS”)....more

Environmental Assessment/Engineering Firm: Massachusetts Appellate Court Addresses Application of Statute of Limitations to...

he Appeals Court of Massachusetts (“Appellate Court”) addressed in an April 12th opinion whether a malpractice action against a former engineering firm and its owner was barred by the statute of limitations. See Cedar Crest...more

Waters of the United States/U.S. EPA Proposed Rule: St. Francis Levee District of Arkansas Comments

The United States Environmental Protection Agency (“EPA”) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (“WOTUS”)....more

Solid and Hazardous Waste Judicial/Regulatory Developments (2018-2019): Arkansas Environmental Federation Presentation...

I undertook a presentation on April 17th at the Arkansas Environmental Federation Regulated Waste Seminar titled: Solid and Hazardous Waste Judicial/Regulatory Developments: 2018 – 2019 - The discussion addressed...more

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Calhoun County, Arkansas Ordnance Manufacturing...

The Arkansas Department of Environmental Quality (“ADEQ”) and Armtec Countermeasures Co. (“ACC”) entered into a March 29th Consent Administrative Order (“CAO”) to address alleged violations of Arkansas Pollution Control &...more

Medical Marijuana Update/Disposal Impacts: Arkansas Solid Waste Conference Presentation

This Presentation addresses two of the issues relevant to the solid waste management industry associated with Arkansas’s enactment of the Medical Marijuana Amendment (“AMMA”): - Employee issues associated with the legal use...more

Missouri Department of Natural Resources: Hazardous Waste/Solid Waste Management Programs Reorganization Announced

The Missouri Department of Natural Resources (“MDNR”) announced in a March 19th news release that it was reorganizing the Hazardous Waste and Solid Waste Management programs. The rationale for the reorganization is to: ...more

Landfill/RCRA Citizen Suit: U.S. District Court Addresses Affirmative Defense Related to Cessation of Operation

A United States District Court (E.D. Louisiana) (“Court”) addressed in a March 11th Order an affirmative defense raised in opposition to a Resource Conservation and Recovery Act (“RCRA”) citizen suit enforcement action. See...more

Impact of Toxic Release Inventory Late Reporters on EPA's Annual TRI National Analysis: February 25th U.S. EPA Inspector General...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a February 25th revised Project Notification titled: Impact of Toxic Release Inventory Late Reporters on EPA’s Annual TRI...more

Criminal Enforcement/Hazardous Waste: U.S. Department of Justice References Guilty Plea of Madison Heights, Michigan,...

The United States Department of Justice (“DOJ”) issued a February 14th news release stating that Gary Alfred Sayers and his company, Electro-Plating Services Inc. (“EPSI”) pleaded guilty to a felony charge of illegal storage...more

Resource Conservation and Recovery Act Hazardous Waste Manifest System: February 8th U.S. EPA Federal Register Notice Addressing...

The United States Environmental Protection Agency (“EPA”) published a February 8th Federal Register Notice addressing the federal agency’s plan to submit an Information Collection Request (“ICR”) addressing: . . ....more

Industrial Wells/Acid Injection: Federal Appellate Court Addresses Request for Declaratory Judgment Regarding Illinois...

The United States Court of Appeals (Seventh Circuit) (“Court”) addressed in a January 16th opinion an appeal of a denial by the United States District Court regarding an issue associated with injection of hazardous waste acid...more

Hazardous Waste Enforcement: Alabama Department of Environmental Management and University of Alabama Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and the University of Alabama (“UofA”) entered into a Consent Order to address alleged violations of certain provisions of the ADEM Administrative Code related to...more

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Florence, Alabama, Tile Manufacturing Facility...

The Alabama Department of Environmental Management (“ADEM”) and Monarch Ceramic Tile, Inc., (“Monarch”) entered into a January 8th Consent Order (“CO”) addressing an alleged violation of the ADEM Admin. Code related to...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Frederick, Maryland, Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Tox Path Specialists, LLC (“TPS”) entered into a December 26th Consent Agreement (“CA”) addressing alleged violations of the Resource Conservation and Recovery Act...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin –...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

TSD/Hazardous Waste Enforcement: Alabama Department of Environmental Management and Etowah County, Alabama Enter into Special...

The Alabama Department of Environmental Management (“ADEM”) and Giant Resource Recovery-Attalla, Inc. (“Giant”) entered into a November 15th Special Order by Consent (“Order”) addressing alleged violations of certain...more

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