News & Analysis as of

RCRA Rulemaking Process

Davis Wright Tremaine LLP

PFAS Polluters Soon To Be Held Accountable Under CERCLA After Major EPA Rulemaking

We can now talk about the proverbial elephant in the PFAS room that has been lingering for a while. On April 19, 2024, the Environmental Protection Agency (EPA) announced it will list the so-called "forever chemicals"...more

Perkins Coie

EPA’s Latest PFAS Push Targets Nine Substances Under RCRA

Perkins Coie on

U.S. Environmental Protection Agency (EPA) Administrator Michael Regan signed two proposed rules related to per- and polyfluoroalkyl substances (PFAS) and the agency’s corrective action authority under the Resource...more

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

Williams Mullen

Environmental Notes - April 2023

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EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more

Mintz

Another case in which a non-governmental organization wants a court to tell EPA how to do its job

Mintz on

Yesterday a three judge panel of the United States Court of Appeals for the District of Columbia heard from lawyers for the Public Employees for Environmental Responsibility (PEER) and the Environmental Protection Agency...more

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

Building Up Environmental Justice in EPA's Land Protection/Cleanup Programs: U.S. Environmental Protection Agency Announces Action...

The United States Environmental Protection Agency (“EPA”) issued a document titled: EJ Action Plan – Building Up Environmental Justice in EPA’s Land protection and Cleanup Programs (September 22) (“Action Plan”)...more

Williams Mullen

EPA Continues PFAS Regulatory Efforts with RCRA Rulemaking Announcement

Williams Mullen on

Fall 2021 was a busy time for the EPA and its regulatory agenda for per- and polyfluoroalkyl substances (PFAS).  PFAS has been a focus of the Biden EPA, with around seven actions or news releases as of September 2021, and...more

Williams Mullen

Environmental Notes - January 2022

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New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions - EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be...more

Lathrop GPM

Superfund Enforcement of PFAS Moves Closer as EPA Submits Proposed Hazardous Substance Designation to OMB: Lathrop GPM

Lathrop GPM on

What to Know - On January 10, 2022, EPA submitted for White House regulatory review its highly anticipated proposal to designate the two most widely studied per- and polyfluoroalkyl substances (PFAS), PFOA and PFOS, as...more

Lathrop GPM

EPA Responds to Petition for PFAS Rulemaking

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EPA announced plans to initiate two rulemakings involving PFAS, one that would list four PFAS compounds as Hazardous Constituents under the Resource Conservation and Recovery Act (RCRA), the federal hazardous waste law, and...more

BCLP

PFAS Update: Significant Expansion of PFAS Regulation Under RCRA

BCLP on

In a letter to the Governor of New Mexico on October 26, 2021, the Administrator of the United States Environmental Protection Agency (“EPA”) announced that EPA would initiate two important rulemaking efforts to regulate PFAS...more

Smith Gambrell Russell

EPA Misses Deadline to Respond to RCRA, PFAS Petition

Smith Gambrell Russell on

The EPA missed the September 21, 2021 deadline to respond to a Petition filed by the State of New Mexico to designate all per- and polyfluoroalkyl substances (PFAS) as hazardous waste under RCRA. The EPA had 90 days to...more

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

Phosphogypsum/Phosphoric Acid Production Wastewater: Center for Biological Diversity Petition to U.S. Environmental Protection...

The Center for Biological Diversity (“CBD”) and a number of other environmental organizations submitted a February 8th document to the United States Environmental Protection Agency (“EPA”) titled: Petition for Rulemaking...more

Troutman Pepper

Illinois Pollution Control Board Schedules Second Round of Public Hearings on Proposed Regulations for Coal Ash Ponds

Troutman Pepper on

On March 3, 2020, the Illinois Environmental Protection Agency (IEPA) filed with the Illinois Pollution Control Board (Board) proposed regulations establishing standards for coal combustion residue (CCR) surface impoundments,...more

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

Post-Closure Care at Hazardous Waste Units : U.S. EPA Office of Inspector General Project Notification

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 23rd Project Notification titled: Post-Closure at Hazardous Waste Units Closed with Waste in Place (“Notification”)...more

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

Coal Combustion Residuals/RCRA: Earthjustice Notice of Intent to Sue U.S. Environmental Protection Agency for Alleged Failure to...

Earthjustice on behalf of a number of environmental organizations sent a February 7th letter to United States Environmental Protection Agency (“EPA”) Administrator Andrew Wheeler styled...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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,...

Generator Improvements Rule/Definition of Solid Waste Revision: Penny J. Wilson (Arkansas Department of Environmental Quality)...

Penny J. Wilson undertook a presentation at the Arkansas Environmental Federation Regulated Waste Seminar that addressed two topics related to the Resource Conservation and Recovery Act (“RCRA”): Generator Improvements...more

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

Definition of Solid Waste/RCRA: U.S. Court of Appeals for D.C. Circuit Addresses Petition for Rehearing/Challenges to 2015...

The United States Court of Appeals, District of Columbia Circuit (“Court”), addressed in a March 6th Opinion petitions for Panel Rehearing of a July 7, 2017 decision addressing the Resource Conservation and Recovery Act...more

Beveridge & Diamond PC

EPA Commits to Respond in Early 2016 to Petition Seeking to Make the RCRA Corrosivity Characteristic 10 Times More Stringent

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The U.S. Environmental Protection Agency (“EPA” or the “Agency”) recently informed a federal appeals court that it intends to respond no later than March 31, 2016 to a rulemaking petition submitted to EPA in 2011 by one of...more

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