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I undertook a presentation at the Arkansas Environmental Federation Regulated Waste Seminar titled:
Solid and Hazardous Waste/Recycling Developments: 2017-2018 (“Presentation”)
The Presentation addressed federal and state hazardous and solid waste/recycling:
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Litigation
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Rulings
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Regulations
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Policies
The developments reviewed were limited to those occurring over the last 12 months.
The issues addressed included:
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Off-site Waste and Recovery Operations/NESHAP: U.S. Environmental Protection Agency (“EPA”) Proposed Revisions (See 82 Fed. Reg. 36713)
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Treated Railroad Ties/Non-Hazardous Secondary Material Rule (Addressing treated railroad ties that are processed creosote-porate, copper naphthenate, and copper naphthenate-borate)
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Electroplating Sludge/Resource Conservation and Recovery Act (“RCRA”) – Austin, Texas Manufacturing Facility Delisting Petition (See 82 Fed. Reg. 32519)
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Landfill Emission Rule – Seven States Notice of Intent to Sue EPA for Alleged Failure to Enforce
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Coal Ash/Preemption Appellate Court Decision Addressing Challenge to Municipal Regulation (See AES Puerto Rico, L.P. v. Trujillo-Panisse, 857 F.3d 101 (2017)
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CERCLA/Superfund – EPA Announcement of 21 Sites Targeted for “Immediate/Intense Action”
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Superfund/Applicable, or Relevant and Appropriate Requirements: Association of State and Territorial Solid Waste Management Officials Policy Paper
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CERCLA/Superfund/Hardrock Mining: EPA Announcement Declining to Issue Financial Responsibility Requirements (See 83 Fed. Reg. 7556)
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Houston Astros Minute Maid Park: Home of the World Series Champions (and a Former Brownfield)
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EPA Interpretive Letters Addressing RCRA Interpretations/Guidance
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Off-Spec Used Oil
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Status of Unused Cigarettes and Cigars
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Status of Scrap Tantalum Anodes, Wire, Pellets, Pins, and Powders
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Environmental Protection Control Standards for Imports of Solid Wastes as Raw Materials: China’s Issuance of Final Standards
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Hazardous Waste Enforcement: Manufacturer/Solvent Blender
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Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Written Interpretations
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Security Plan Requirements
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Use of Portable Tanks
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Use of Multiple Compartment Cargo Tanks
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Alcoholic Beverages
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Who is an Offeror?
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Agricultural Shipments
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Lab Packs
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Aluminum By-Products/Non-Specification Bulk Packaging
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Rail Tank Closures
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What is a container?
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Environmental Criminal Enforcement/RCRA: U.S. Department of Justice Announces Guilty Plea of Metal Plating Government Contractor
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Environmental Criminal Enforcement: Yazoo City Convenience Store Operator Pleads Guilty to Unpermitted Discharge into City Sewer
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Environmental Criminal Enforcement: Sentencing of Saltwater Disposal Well Operators for Alleged Safe Drinking Water Act Violations
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Hazardous Waste Enforcement: State of California and Home Depot U.S.A., Inc., Stipulation for Entry of Final Judgment/Permanent Injunction
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Hazardous Waste Enforcement: EPA and Texas Oncology, P.A. Enter into Consent Agreement
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Release Reporting/CERCLA Enforcement: EPA and Tennessee Valley Authority Enter into Consent Agreement
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Voluntary Disclosure/Multi-Media Enforcement: EPA and Clean Energy Production Company Enter into Consent Agreement
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Landfill Closure Costs: U.S. Tax Court Addresses Section 468 Internal Revenue Code Deduction Issue
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RCRA Citizen Suit: Federal Court (Oklahoma) Addresses Standing Issue
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Wisconsin Legislation Exempting Pyrolysis/Gasification from Solid Waste Management Facility Requirements: Assembly Bill 789
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Landfill Leachate: Vetoed North Carolina Bill (576() Would Have Approved Aerosolization
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Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor
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Arkansas Pollution Control and Ecology Commission Administrative Law Judge Recommended Decision: Alleged Cotton Plant, Arkansas Facility Solid Waste Violations
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Arkansas Medical Marijuana Cultivation Program Development: Environmental/Safety Issues
A copy of the slides can be downloaded here.
