News & Analysis as of

Solid Waste Waste Management Environmental Protection Agency (EPA)

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Denying Petition Objecting to Rochester, New Hampshire Solid...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an August 16th Order Denying a Petition Objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the Turnkey...more

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

Solid Waste Management Unites/Corrective Action: ASTSWMO Comments Addressing U.S. Environmental Protection Agency Proposed Rule...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted March 26th comments to the United States Environmental Protection Agency (“EPA”) addressing a proposed rule which would amend the...more

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

Title V/Clean Air Act: Petition to Object Filed Addressing Rochester, New Hampshire Solid Waste Facility Permit

Sixteen individuals (collectively, “Petitioners”) filed a February 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Waste Management of New Hampshire,...more

Morgan Lewis

EPA Releases Proposed Resource Conservation and Recovery Act PFAS Rules

Morgan Lewis on

The US Environmental Protection Agency (EPA) published on February 8, 2024 two proposed rules addressing per- and polyfluoroalkyl substances (PFAS) under the Resource Conservation and Recovery Act (RCRA). The rules, if...more

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

Technical Corrections / Hazardous Waste Generator Improvements / Pharmaceuticals / Definition of Solid Waste: U.S. Environmental...

The United States Environmental Protection Agency (“EPA”) issued a direct final rule on August 9th denominated: Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of...more

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

Hazardous Waste Management Program Implementation Costs: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a November 2023 report titled: Hazardous Waste Management Program Implementation Costs Report (“Report”) - The Report was...more

Beveridge & Diamond PC

EPA Announces Plan to Modify and Expand the RCRA Universal Waste Rule for Lithium Batteries and Solar Panels

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As part of an effort to improve the recycling and management of wastes from the generation and storage of renewable energy, the U.S. Environmental Protection Agency (EPA) recently announced that it is developing a proposed...more

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

Underground Storage Tanks/State Compliance Violations: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued on October 5th a report addressing underground storage tank(“UST”)  inspections conducted by state UST programs. The report was...more

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

Human Health Risk Assessment Screening Tool for Atypical Risk Exposure Scenarios: Association of State and Territorial Solid Waste...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) released a report addressing a risk assessment screening tool titled: Human Health Risk Assessment Screening Tool for Atypical Risk...more

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

U.S. Environmental Protection Agency Brownfields Program Funding: Association of State and Territorial Solid Waste Management...

The Association of State and Territorial Waste Management Officials (“ASTSWMO”) issued a position paper addressing the United States Environmental Protection Agency’s (“EPA”) Brownfields program. The position paper...more

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

Draft U.S. Environmental Protection Agency National Enforcement and Compliance Document for Years 2024-2027: Association of State...

The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more

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

Solid Waste Collection and Transportation/State Regulation: Washington Appellate Court Addresses Preemption Question

The Court of Appeals of Washington (Division 2) (“Appellate Court”) addressed in a November 8th Opinion whether federal law preempts the State of Washington’s regulation of rail transportation involving certain...more

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

Lithium Batteries/U.S. Environmental Protection Agency Request for Information Regarding Best...

The Solid Waste Association of North America (“SWANA”) and three other organizations filed joint comments addressing questions posed by the United States Environmental Protection Agency (“EPA”) in the following document: ...more

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

Best Practices to Ensure State Collaboration in Superfund: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a February 2022 report titled: Best Practices to Ensure State Collaboration in Superfund (“Report”) ...more

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

Solid and Hazardous Waste/Recycling Administrative/Judicial Developments (2020-2021): May 20th Arkansas Environmental Federation...

I undertook an Arkansas Environmental Federation webinar held by the organization’s Land and Sustainability Committee on May 20th titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2020-2021...more

Troutman Pepper

Environmental Groups Voluntarily Dismiss Their Untimely Challenge to “Part B” CCR Rule Revisions

Troutman Pepper on

As previously reported, a coalition of environmental groups recently filed a petition for review in the D.C. Circuit Court of Appeals (D.C. Circuit) challenging the U.S. Environmental Protection Agency’s (EPA) recent final...more

Troutman Pepper

Environmental Groups Challenge “Part B” Revisions to CCR Rule

Troutman Pepper on

On February 11, three environmental groups — Sierra Club, Alliance for Affordable Energy, and PennEnvironment, Inc. — filed a petition for review in the D.C. Circuit Court of Appeals (D.C. Circuit) challenging the U.S....more

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

U.S. Environmental Protection Agency National Recycling Strategy: Institute of Scrap Recycling Industries Comments

The Institute of Scrap Recycling Industries (“IRSI”) submitted October 2nd comments to the United States Environmental Protection Agency (“EPA”) on the agency’s draft National Recycling Strategy (“Strategy”). EPA released...more

Beveridge & Diamond PC

MassDEP Proposes Waste Disposal Ban on Textiles and Mattresses

Beveridge & Diamond PC on

In October 2020, the Massachusetts Department of Environmental Protection (MassDEP) released a public hearing notice announcing proposed regulatory amendments to the Commonwealth’s solid waste management regulations (310 CMR...more

Akin Gump Strauss Hauer & Feld LLP

Closure: EPA Finalizes Long-awaited CCR Rule Revisions and Surface Impoundment Deadlines

Following years of litigation and a segmented rulemaking process, the U.S. Environmental Protection Agency (EPA) finalized revisions to portions of its coal combustion residuals (CCR) regulations governing, among other...more

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

Optimizing for Post Construction Phase of Superfund Sites: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) published a presentation titled: Optimizing for the Post Construction Phase of Superfund Sites (“Presentation”)...more

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

Alternative Daily Cover/Landfill: Alabama Appellate Court Addresses Challenge to State Rules

The Court of Civil Appeals of Alabama (“Court”) addressed in an October 11th opinion a challenge to certain Alabama Department Environmental Management (“ADEM”) rules applicable to solid waste landfills. See Smith v. Lefleur,...more

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

Columbia County Solid Waste Management System: Arkansas Court of Appeals Addresses City of Magnolia's Challenge to Allocation of...

The Court of Appeals of Arkansas (“Court”) addressed in a September 11th opinion the City of Magnolia, Arkansas’s (“Magnolia”) challenge to the allocation of a Columbia County sales and use tax to finance a Solid Waste...more

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

Solvent-Contaminated Wipes Exclusion/RCRA Guidance: U.S. Environmental Protection Agency Addresses Application of Recycling...

The United States Environmental Protection Agency (“EPA”) issued a June 11th interpretive letter addressing the Resource Conservation and Recovery Act (“RCRA”) solvent-contaminated wipes exclusions (“Exclusions”)found at 40...more

Holland & Hart LLP

RCRA's Definition of Solid Waste – The DC Circuit Brings Clarity to a Core Element of RCRA

Holland & Hart LLP on

The United States Court of Appeals for the District of Columbia Circuit has upheld the Transfer-Based Exclusion in EPA’s final rule Revisions to the Definition of Solid Waste, 73 Fed. Reg. 64,668, 64,669 (Oct. 30, 2008). The...more

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