Recent Posts

RCRA imminent & hazardous endangerment notice must be specific, notes Second Circuit
Posted on 10 Aug 2011 by Thomas H. Clarke, Jr.

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... Read More

EPA Proposes New Rules for Pharmaceutical Hazardous Waste Management and for Other Hazardous Waste Generators
Posted on 19 Oct 2015 by Ballard Spahr LLP

The U.S. Environmental Protection Agency (EPA) has announced two new proposed hazardous waste rules that EPA believes would clarify and simplify requirements for health care facilities and retail pharmacies to manage their unused pharmaceuticals that... Read More

Generators Need to be Vigilant About TCLP Sampling Protocol
Posted on 17 Jul 2015 by Williams Mullen

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... Read More

EPA Proposes Hazardous Waste Rule for Pharmaceuticals
Posted on 2 Nov 2015 by Williams Mullen

A pre-publication draft of a proposed rule by EPA may clarify hazardous waste requirements for obsolete or defective pharmaceuticals. EPA proposes a new Subpart P entitled “Hazardous Waste Pharmaceuticals” to 40 CFR Part 266 of its RCRA regulations... Read More

EPA Issues New Rules Governing Recycling That Will Impact Most Major Industries
Posted on 10 Feb 2015 by Babst Calland

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... Read More

Tags: hazardous , waste , RCRA , EPA

Jenner & Block: Post-Sackett Challenge to U.S. EPA RCRA Order
Posted on 22 Jan 2013 by Steven M. Siros

By Steven M. Siros, Partner , Jenner & Block The first of perhaps many post-Sackett challenges to RCRA orders was filed in the Central District of California in December. On December 18, 2012, a chemical company (Soco West, Inc.) challenged... Read More

The manufacturer of PCE dry cleaning machine filtering system is not a CERCLA arranger
Posted on 4 Aug 2011 by Thomas H. Clarke, Jr.

Since 1980, Team Enterprises, LLC leased space in a shopping center in Modesto, California, where it operated a dry cleaning store. From 1980 to 2004, Team used PCE in its dry cleaning equipment, and the machines generated wastewater containing PCE. Team... Read More

EPA Issues Final Rulemaking for Coal Combustion Residuals
Posted on 5 Feb 2015 by Babst Calland

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... Read More

EPA Excludes Carbon Dioxide Waste Streams from RCRA - A (Very Small) Step Forward for CCS
Posted on 30 Jan 2014 by J. Wylie Donald

By J. Wylie Donald The Congress may be dysfunctional but the administrative agencies are still moving the ball. A case in point is last month's Christmas present from EPA to the carbon capture and storage community. On December 17 EPA issued... Read More

EPA Issues Rule to Create e-Manifest System
Posted on 27 Feb 2014 by Babst Calland

The United States Environmental Protection Agency (EPA) has released a final rule that will allow entities to complete manifest forms required under the Resource Conservation and Recovery Act (RCRA) through a computer-based e-Manifest system hosted by... Read More

EPA proposes new hazardous waste recycling regulations to address environmental justice concerns
Posted on 17 Jul 2011 by Thomas H. Clarke, Jr.

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... Read More

New York Environmental Regulator Announces New Hazardous Waste Enforcement Initiative Against Supermarkets, Retail Pharmacies and Similar Establishments
Posted on 3 Mar 2015 by GreenbergTraurig

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... Read More

Telling Legitimate Recycling From Shams
Posted on 26 Mar 2014 by Dianne Saxe

My post on “recycling” batteries by turning them into roadbed aggregate, via mill slag, raised the question of what constitutes “legitimate” recycling. The US Environmental Protection Agency has been struggling with this issue... Read More

State Agency does not necessarily have exclusive expertise to address remediation such that CWA & RCRA citizen suit claims are to be dismissed, especially where there is a lack of ongoing formal state proceedings
Posted on 25 Oct 2011 by Thomas H. Clarke, Jr.

NL Industries owned a site through 2005. It entered into an administrative consent order with the State of New Jersey which required it to clean-up part of a site and investigate other portions, including sediments in an adjacent river. The sediments... Read More

Court Rejects EPA’s Coal Ash Settlement Agreement
Posted on 3 Jun 2014 by Steptoe & Johnson PLLC

Sue And Settle: Court Rules Consent Decree Not Consistent with Public Interest - December 19, 2014 Deadline for Proposing Coal Ash Rules Should Not Be Subject to Delay by the Parties By Kathy Beckett and Kathy Milenkovski The United States District... Read More