Seyfarth Synopsis: USEPA has published a new Memo on RCRA Applicability to End-of-Life Lithium Batteries.
In May 2023 the U.S. Environmental Protection Agency (“USEPA”) published a Memorandum and Q&A on the applicability of RCRA to end-of-life Lithium Ion and Lithium Metal Batteries. The guidance, sent to the USEPA Regional Division Directors, clarifies how the RCRA rules for universal waste and
Continue Reading USEPA Memo and Q&A on RCRA Rules for Lithium Ion and Lithium Metal BatteriesBy Jeryl L. Olson and Craig B. Simonsen
Seyfarth Synopsis: Last week the U.S. Environmental Protection Agency (EPA) finalized a “streamlined system” for managing hazardous waste aerosol cans as Universal Waste. The Agency believes that the new system will be “clear, practical, and protective” and will promote recycling, and estimates the change will save at least $5.3 million annually
Continue Reading EPA Promulgates “Streamlined System” for Managing Hazardous Waste Aerosol Cans
By Andrew H. Perellis, Jeryl L. Olson, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Illinois Supreme Court recently affirmed that the Illinois Pollution Control Board’s clean construction or demolition debris (CCDD) rules were not arbitrary and capricious. County of Will v. Pollution Control Board, Docket Nos. 122798 and 122813 (June 20, 2019).
Continue Reading Illinois Supreme Court Affirms Pollution Control Board’s Clean Construction or Demolition Debris Rules, and Articulates Guidelines for Determining if Agency Action is Arbitrary or Capricious
By Jeryl L. Olson, Andrew H. Perellis, Kay R. Bonza, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The EPA’s new “Hazardous Waste Generator Improvements Rule,” while containing some changes that industry welcomes, also contains new requirements that present challenges for the regulated community. We will be publishing a series of blogs on the
Continue Reading Big Changes Coming – EPA Publishes its Hazardous Waste Generator Improvements Rule
Seyfarth Partner Andrew H. Perellis is quoted in this Forbes Legal News article today, Sierra Club’s Legal Theory In Frackquake Case Draws ‘Star Trek’ Comparison (March 31, 2016).
The article concerns a complaint filed on Feb. 16 in the U.S. District Court for the Western District of Oklahoma, Sierra Club v. Chesapeake Operating LLC, Devon Energy Production Co. LP, and
Continue Reading Is Increased Seismic Activity from the Disposal of Fracking Fluid Actionable Under RCRA?
By Jeryl L. Olson, Ilana R. Morady, Patrick D. Joyce, Philip L. Comella, and Craig B. Simonsen
The Pipeline and Hazardous Materials Safety Administration (PHMSA) just announced that it has amended the Hazardous Materials Regulations (HMR). 81 Fed. Reg. 18527 (March 31, 2016).
It has done so by adopting its proposed regulatory amendments applicable to the reverse
Continue Reading DOT Publishes Final Rule on “Safe Reverse Logistics” for Retail “Returns” of Hazardous Materials to Distribution Centers
By Patrick D. Joyce, Jeryl L. Olson, and Craig B. Simonsen
The U.S. Environmental Protection Agency this week released a pre-publication copy of a proposed rule on pharmaceutical hazardous wastes in healthcare and related industries that will significantly affect our healthcare clients. 80 Fed. Reg. 58014 (Sept. 25, 2015).
Under the proposed rule, aimed at hospitals, clinics, nursing
Continue Reading EPA Says “Stop” – Don’t Dump Those Drugs Down the Drain
By Patrick D. Joyce and Philip L. Comella
Today, the U.S. Environmental Protection Agency issued two proposed rules lowering the threshold at which landfills must control methane gas emissions.
For active landfills, EPA proposes to reduce the threshold from 50 metric tons of non-methane organic compounds annually to 34 metric tons. As a practical matter, this means that roughly 100
Continue Reading EPA Proposes Significant Change to Controlling Landfill Gas Emissions
Philip Comella, in a recently published article, writes about how everyone in the landfill gas industry knows how contracts are a necessary evil.
The parties understandably focus on the engineering aspects of the design; how many wells and engines to install; how to increase or extend gas production; how the gas production translates into revenue; the status of carbon
Continue Reading Avoiding Disputes Down the Road: The Top Ten Problems With Landfill Gas Contracts
By Philip L. Comella and Craig B. Simonsen
The U.S. Environmental Protection Agency has promulgated significant new provisions both to its 1988 underground storage tank (UST) regulations and to its 1988 state program approval (SPA) regulations. 80 Fed. Reg. 41566 (July 15, 2015). This is the first major revision to the federal UST regulations since 1988.
The revisions to the
Continue Reading EPA Adopts Significant Revisions to Underground Storage Tank Regulations