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 James L. Curtis, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: A railcar cleaning company and its executive officers were recently charged in a 22-count indictment with conspiracy, violating worker safety standards resulting in worker deaths, violating the Resource Conservation and Recovery Act (RCRA), and for submitting false documents to a federal agency.
Nebraska Railcar
Continue Reading Company and its Executives/Owners Charged With Criminally Violating Worker Safety and Environmental Laws That Led to Workers’ Deaths
By Brent I. Clark, James L. Curtis, and Craig B. Simonsen
The U.S. Department of Justice (DOJ) and the Department of Labor (DOL) announced last week an expansion of its worker endangerment initiative to address worker safety violations through the use of enhanced criminal fines and penalties.
According to Deputy Attorney General Sally Quillian Yates, “on an average
Continue Reading Enhanced Criminal Prosecutions of Worker Safety Violations – Employers Beware
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
By Philip L. Comella and Craig B. Simonsen
The U.S. Environmental Protection Agency recently published its final rule for the national electronic manifest (e-Manifest) system, which upgrades the current paper-based system of tracking hazardous waste shipments and disposal. 79 Fed. Reg. 7518 (February 7, 2014).
The rule indicates that it affects approximately 160,000 entities in at least forty-five industries that
Continue Reading EPA Final Rule for Modification of the Hazardous Waste Manifest System
Philip L. Comella, and Catherine McCord, of Heritage-Crystal Clean LLC, will co-present a Bloomberg BNA environmental webinar, on “The EPA’s New E-Manifest: Understanding the Changes to RCRA’s Cradle-to-Grave System”.
We had previously blogged about the U.S. Environmental Protection Agency’s public hearings on this topic, and about its subsequent request for information about e-manifest systems. For the past 33
Continue Reading EPA’s New E-Manifest: Understanding the Changes to RCRA’s Cradle-to-Grave System
By Philip L. Comella and Craig B. Simonsen
We had previously blogged about the U.S. Environmental Protection Agency’s announced public meetings to “obtain public input from stakeholders” on a national electronic manifest (e-manifest) database system intended to capture information on shipments of hazardous wastes.
The Agency has now published a Request for Information (RFI) on the concept of
Continue Reading EPA Request for Information on Electronic Manifest (E-Manifest) Systems
It’s an all too familiar scenario. You learn that your drinking water supply has been contaminated by a defunct manufacturing operation on adjacent property.
In response, you file a lawsuit involving RCRA’s citizen suit provisions to allege that the former owner or operator violated RCRA’s substantive requirements by disposing of hazardous waste without a permit. 42
Continue Reading When Can a Former Owner or Operator be Sued for Past Substantive RCRA Violations?
By Meagan Newman and Craig B. Simonsen
The U.S. Environmental Protection Agency has announced public meetings to “obtain public input from stakeholders” on a national electronic manifest (E-Manifest) database system intended to capture information on shipments of hazardous wastes.
Specifically, the purpose of the meetings is to solicit comments from the states, industry, communities, nongovernmental organizations, and other
Continue Reading EPA Holds Public Meetings on Proposed National E-Manifest System