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.
- 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
- Current compliance and enforcement
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?
Rodd W. Bender
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.Close
Gwendolyn Keyes Fleming
Ms. Keyes Fleming focuses on environmental policy, enforcement defense litigation, and special investigations for... | Read More
Ms. Keyes Fleming focuses on environmental policy, enforcement defense litigation, and special investigations for private as well as municipal clients. She served as the Principal Legal Advisor (General Counsel) for Immigration & Customs Enforcement in the U.S. Department of Homeland Security (DHS), and as Chief of Staff to the Environmental Protection Agency (EPA) during the Obama Administration. She also served as the EPA Region 4 Regional Administrator, where she was responsible for establishing and implementing environmental policy for eight southeastern states and six federally recognized tribes.Close