New EPA Rule on Solid and Hazardous Waste: Updated Compliance With 83 Fed. Reg. 24664

Navigating the New Regulatory Framework for the Treatment, Storage, and Disposal of Solid and Hazardous Waste

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, November 20, 2018

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will discuss the implications of the EPA’s revised definition of “solid waste” and the new 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 earlier this year, the underlying D.C. Circuit decision which gave rise to the rule change, and recommendations for counsel in light of the shift.


On May 30, 2018, the EPA promulgated a final rule revising the definition of solid waste under the RCRA. The rule change accepts, without comment or public notice, the July 2017 and March 2018 orders issued by the U.S. Court of Appeals for the D.C. Circuit in the matter of American Petroleum Institute v. EPA (D.C. Cir. No. 09-1038).

Under RCRA, the EPA and states partner to manage the treatment, storage, and disposal of solid and hazardous waste. The statute redefines solid waste to include “discarded material.” Waste that sidesteps the definition of “solid waste” because it is never discarded may not be regulated as hazardous waste.

As such, parsing out the meaning of “solid waste,” and more specifically “discarded material” becomes critically important for companies in the business of waste recycling. The new rule not only redefines “solid waste” but also makes optional one of the four core legitimacy factors in place—whether the product of the recycling process is comparable to a legitimate final product.

Listen as our distinguished panel of environmental practitioners offers critical guidance on each of the changes delineated by the D.C. Circuit, the EPA’s codifying of those issues, and their implications for compliance at the state and federal level.



  1. Overview of May 30, 2018 rule change
    1. Defining solid waste
    2. Defining hazardous waste
  2. Underlying litigation and appeal
    1. Facts and parties
    2. Procedural
    3. Holdings
  3. New compliance
    1. State
    2. Federal


The panel will review these and other high priority issues:

  • How does the EPA’s May 30, 2018 rule change compare to the 2015 RCRA updates?
  • What impact will the new rules have on compliance at the state level?
  • Do the new EPA rules have any implications for verified recyclers with multistate locations?


King, Jessica
Jessica J.O. King

Williams Mullen

Ms. King focuses her practice on environmental legal issues. A former chief attorney for Environmental Quality Control...  |  Read More

Sullivan, Sean
Sean M. Sullivan

Troutman Sanders

Mr. Sullivan’s practice focuses on compliance counseling and enforcement defense regarding all of the major...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video