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EPA proposes new hazardous waste recycling regulations to address environmental justice concerns

EPA is has released for public comment its draft expanded environmental justice analysis of the 2008 definition of solid waste. The draft evaluates the rule’s potential impact on low-income and minority communities. EPA is also requesting public comment on the environmental justice analysis as...

RCRA imminent & hazardous endangerment notice must be specific, notes Second Circuit

A RCRA notice is mandatory, as noted by the U.S. Supreme Court in Hallstrom v. Tillamook County , 493 U.S. 20, 26 (1989). The purpose of the notice is to a) inform public agencies of the alleged problem so that they can ascertain if they wish to take action, and b) provide the alleged violator with sufficient...

EPA Issues Final Rulemaking for Coal Combustion Residuals

The U.S. Environmental Protection Agency (EPA) has issued an advance notice of a final rulemaking that will regulate coal combustion residuals (CCR) as solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA). The rulemaking will apply to CCR generated by coal-fired power plants...

EPA Issues New Rules Governing Recycling That Will Impact Most Major Industries

The U.S. Environmental Protection Agency (EPA) recently revised its rules governing the recycling of spent materials, listed hazardous sludge and listed by-products associated with the Resource Conservation and Recovery Act (RCRA) definition of solid waste (DSW). See 80 Fed. Reg. 1694-1814 (Jan. 13,...

New York Environmental Regulator Announces New Hazardous Waste Enforcement Initiative Against Supermarkets, Retail Pharmacies and Similar Establishments

In a move that will have a substantial impact on future obligations of supermarkets, drug stores and “big box” retailers in New York State, the New York Department of Environmental Conservation (DEC) recently announced that it would begin to require strict compliance with the hazardous waste...

Generators Need to be Vigilant About TCLP Sampling Protocol

By A. Keith "Kip" McAlister, Jr. The Toxicity Characteristic Leaching Procedure (TCLP), SW-846 Method 1311, was promulgated by EPA pursuant to the Resource Conservation and Recovery Act to test and determine the potential leaching rate of disposed hazardous wastes in landfills. 55 Fed...