EPA Rule on Solid and Hazardous Waste: Enforcement and Compliance With 83 Fed. Reg. 24664
Navigating the Regulatory Framework for Hazardous Waste Recycling
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss the implications of the EPA's revised definition of "solid waste" and the regulatory framework for recycling hazardous secondary materials under the Resource Conservation and Recovery Act (RCRA). The panel will walk environmental lawyers through the changes contained in the final rule promulgated by the EPA in 2018, the underlying D.C. Circuit decision which gave rise to the rule change, recommendations for counsel in light of the shift, and the current state of enforcement and compliance actions.
Outline
- Regulatory background
- RCRA definition of solid waste
- Recycling categories and exclusions
- Overview of 2018 rule change
- Transfer-based reclamation exclusion
- Legitimate recycling factors
- Underlying litigation and appeal
- Facts and parties
- Procedural
- Holdings
- Current compliance and enforcement
- State
- Federal
Benefits
The panel will review these and other high priority issues:
- How does the EPA's 2018 rule change compare to the 2015 RCRA updates?
- How has the current rule impacted compliance at the state level?
- Were there any implications for recyclers with multistate locations due to the 2018 EPA rule change?
Faculty
Rodd W. Bender
Partner
Manko Gold Katcher & Fox
Mr. Bender has concentrated on brownfield transactions and compliance counseling across a variety of regulatory... | Read More
Mr. Bender has concentrated on brownfield transactions and compliance counseling across a variety of regulatory programs since joining the firm in 1997. He has extensive experience structuring environmental due diligence for real estate and business transactions, negotiating environmental provisions in transactional documents, and advising developers on satisfying state and federal cleanup programs and property transfer laws consistent with business objectives. For brownfield projects Mr. Bender has negotiated environmental insurance policies and agency liability protection agreements, and counseled clients on public involvement strategies. In the regulatory compliance arena, he has advised and provided training to companies on complex regulatory programs such as hazardous waste management, release and right-to-know reporting, storage tank operations and corrective action, spill prevention and countermeasures, PCB use and cleanups, asbestos workplace standards, and stormwater permitting. Mr. Bender has also represented clients to resolve agency enforcement actions alleging violations of regulatory requirements.
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Gwendolyn R. (Gwen) Keyes
Partner
DLA Piper
Ms. Keyes combines the trial skills learned from her 17-year career as a prosecutor with her in-depth knowledge of... | Read More
Ms. Keyes combines the trial skills learned from her 17-year career as a prosecutor with her in-depth knowledge of local, state and federal governments and deep understanding of environmental law to advise clients on complex litigation and regulatory matters so clients can mitigate legal risks and achieve their business and operational imperatives. She advises a wide variety of business, institutional and organizational clients on all aspects of environmental policy, government relations, compliance planning, incident response, subsequent enforcement and litigation matters and special investigations for private and municipal clients. Having worked on matters involving every environmental statute, a significant portion of Ms. Keyes practice focuses on helping clients understand the regulatory and litigation risks associated with permit issues, worker safety, and emerging contaminants, including PFAS and ethylene oxide, as well as plastics and asbestos. She specializes in assessing facility impacts on fence-line communities and developing strategies for community engagement when appropriate. Ms. Keyes also advises clients on environment, social and governance (ESG) matters and the impacts climate change can have on business operations.
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