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Showing 14 posts in Hazardous Waste/RCRA. View our practice description for Hazardous Waste/RCRA.

EPA Regulates Coal Combustion Residuals as Solid Waste and Retains Exclusions for Beneficial Use

Today EPA issued a final rule regulating coal combustion residuals (CCR) as solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA).  This ends years of speculation regarding whether EPA might decide to regulate CCR as a hazardous waste under the more onerous RCRA Subtitle C “cradle to grave” regulatory scheme.  EPA reported that it received over 450,000 comments on the proposed rule, most of which focused on which regulatory path would be followed: Subtitle C or D.  The final rule may be found here. Read More ›

EPA Revisions to Definition of “Solid Waste” Change the Regulatory Landscape for Hazardous Recyclable Materials

On December 10, 2014, the Administrator of the U.S. Environmental Protection
Agency (“EPA” or the “Agency”) signed a final rule revising the definition of
“solid waste” for purposes of the federal hazardous waste regulatory program
under the Resource Conservation and Recovery Act (“RCRA”).  This definition is a
key element of the RCRA regulations, inasmuch as only solid wastes can be
subjected to regulation as hazardous wastes.  Read More ›

Beveridge & Diamond Secures Favorable CARB Determination in Offset Investigation for U.S.’s Largest GHG Offsets Provider

Attorneys in Beveridge & Diamond’s San Francisco office recently helped the
largest developer of greenhouse gas (GHG) offset credits in the U.S.,
Environmental Credit Corp. (ECC), secure a favorable determination from the
California Air Resources Board (CARB) with respect to its investigation of GHG
offsets generated at the Clean Harbors facility in El Dorado, Arkansas. Read More ›

Maryland Proposes Hazardous Substance Reporting Rule

The Maryland Department of the Environment (MDE) proposed hazardous substance reporting obligations on Friday, October 31, 2014.  These regulations would implement Environment Article §7-222(d), amended in 2008, requiring reporting to MDE “immediately” of certain information that “indicates the release of a hazardous substance into the environment” above a "threshold."  The law became effective as of October 1, 2009, but without implementing regulations the law has not been enforceable.  The proposed regulations would provide reporting threshold levels, further construe when reporting is triggered, and establish reporting procedures.  Read More ›

Battery Interest Groups Release Model Legislation for Extended Producer Responsibility

On June 12, 2014, the Corporation for Battery Recycling, the National Electric Manufacturers Association (NEMA), the Rechargeable Battery Association (PRBA) and Call2Recycle, Inc. released model legislation addressing the collection and recycling of both primary and small rechargeable consumer batteries. The model legislation arrives on the heels of the Vermont legislature’s recent passage of H.695, the first law in the country mandating extended producer responsibility for the recycling of single-use primary batteries.   Read More ›

Rite Aid to Pay $12.3 Million for Failing to Properly Manage Waste Products from its California Stores

Rite Aid Corporation has agreed to pay more than $12.3 million to settle a civil lawsuit alleging that Rite Aid improperly managed, transported, and disposed of hazardous waste at hundreds of its California stores and distribution centers.  The hazardous wastes at issue include: pharmaceuticals and over-the-counter medications, bleaches, photo processing chemicals, pool chlorine and acids, pesticides, fertilizers, batteries, electronic devices, mercury containing lamps, paints, lamp oils and other ignitable liquids, aerosol products, oven cleaners and various other cleaning agents, automotive products, and other flammable, reactive, toxic and corrosive materials.  Read More ›

The Impacts of New EPA Vapor Intrusion Guidance

EPA recently issued two draft guidance documents on vapor intrusion and will accept comments on them through May 24, 2013. If finalized in current form, these guidance documents would formalize and enhance EPA’s existing practice of prioritizing vapor intrusion as a central issue in environmental remediation and could result in increases in the expense and effort required from responsible parties to achieve compliance for cleanup of contaminated sites conducted under federal authorities such as CERCLA or RCRA. They could also be highly influential in clean-ups overseen by state regulators. Read More ›

Federal Criminal Conviction For Illegal Exportation of Electronic Waste

A U.S. recycler has been successfully prosecuted for exporting e-waste containing lead to foreign countries. In December of 2012, a federal jury convicted Executive Recycling, its CEO, and Vice President of Operations on multiple criminal counts, including seven counts of wire fraud, the illegal export of hazardous waste to developing countries, smuggling and obstruction of justice. Executive Recycling was the exporter of record in more than 300 exports from the United States between 2005 and 2008, including the export of over 100,000 cathode ray tubes (“CRTs”) containing lead. CRT disposal is regulated in the United States under the Resource Conservation and Recovery Act (“RCRA”). The Defendants were found to have falsely advertised to customers that they would dispose of e-waste in an environmentally friendly manner, in the United States rather than overseas. Contrary to such representations, the company was found to have sold e-waste to brokers for export overseas to China and other countries.   Read More ›

RCRA’s Hazardous Waste Manifest System Enters the Electronic Age

On October 5, President Obama signed into law an amendment to the Resource Conservation and Recovery Act (RCRA) that will establish an electronic hazardous waste manifest system.  The electronic system will replace the current paper-based manifest system, which requires hazardous waste handlers to file multiple paper copies of hazardous waste manifests.  Read More ›

EPA Inspector General Recommends Classification of Additional Pharmaceuticals as Hazardous Wastes When Discarded

On May 25, 2012, the U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a report finding that inaction by the Agency in identifying pharmaceuticals that are hazardous wastes when discarded “may result in unsafe disposal and releases of dangerous pharmaceuticals into the environment.”  See EPA-OIG Report No. 12-P-0508.  To address this concern, the OIG made specific recommendations, which the EPA Office of Solid Waste and Emergency Response must respond to within 90 days.  Read More ›