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ENV-17-33 Revisions to EPA's RCRA Definition of Solid Waste Rule and Post-Closure Care Guidance and their Effect

Danny Worrell, Katten Muchin Rosenman LLP

Format:
Electronic (digital download/no shipping)

Associate Member, International Member, Petrochemical Member, Refining Member - $0.00
Government, NonMember - $35.00

Description:

The federal Resource Conservation and Recovery Act (“RCRA”) regulates the management of hazardous waste from generation to disposal (i.e., from “cradle” to “grave”). See 42 U.S.C.A. § 6921-6936g. The U.S. Environmental Protection Agency (“EPA”) implements the RCRA program and promulgates rules for the identification, management, treatment, and disposal of hazardous wastes. See 40 C.F.R. Parts 260-270. In most cases, the federal RCRA program is delegated by EPA to a state agency for implementation of the RCRA program in that state. See 40 C.F.R. Parts 271-272. This paper primarily focuses on two aspects of the RCRA program: (1) the definition of “solid waste,” and (2) changes to the post-closure care period for land-based hazardous waste management units. The definition of “solid waste” is ultimately a threshold decision regarding whether a material is discarded. See 40 C.F.R. § 261.2. If a material is deemed to be discarded, and therefore a solid waste, determination must be made as to whether the material is a “hazardous waste” and, thus, subject to RCRA regulations. See 40 C.F.R. § 261.3. This paper will cover some of the recent EPA rulemaking changes to exemptions and exclusions from solid waste status and a recent court decision affecting those rulemakings. This paper will also address EPA’s recent changes to guidance on post-closure care for land-based hazardous waste disposal units. Under EPA rules, the post-closure care period for closed hazardous waste units is 30 years. See 40 C.F.R. § 264.117. We are currently approaching the end of the 30-year term for many hazardous waste disposal units, and this new EPA guidance provides recommendations for regulators on evaluating whether to continue the post-closure care period for these units. Finally, this paper will provide a summary of changes expected to the RCRA program by the Trump Administration, including possible changes to the regulations, policy, and enforcement.

Product Details:

Product ID: ENV-17-33
Publication Year: 2017