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 Keyes Fleming
Partner
DLA Piper
Ms. Fleming advises a wide variety of business, institutional and organizational clients on all aspects of... | Read More
Ms. Fleming 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. She also advises clients on environment, social and governance (ESG) issues and the impacts climate change can have on business operations. Ms. Fleming spent more than 20 years in the public sector, serving as both an elected and appointed official at the state and local levels, as well as in various branches of the federal government. She served as Principal Legal Advisor (General Counsel) for Immigration & Customs Enforcement (ICE) in the U.S. Department of Homeland Security (DHS) and as Chief of Staff to the Environmental Protection Agency (EPA) during the Obama Administration. In addition, Ms. Fleming served as the EPA Region 4 (Southeastern Region) Regional Administrator (RA), where she was responsible for establishing and implementing environmental policy, including the principals of environmental justice for eight southeastern states and six federally recognized tribes. Ms. Fleming finalized the Region's Environmental Justice (EJ) Policy (previously stagnated for 10 years), instituted regular environmental justice information sessions with state partners and communities, and created a Regional EJ Interagency Working Group with other federal agencies to strategically and comprehensively address community concerns. Ms. Fleming also instituted the Colleges and Underserved Community Partnership Program (CUPP) which partnered college students with senior federal staff to provide much needed environmental, health and technical services to some of the poorest jurisdictions in their region.
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