Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: Arkansas Environmental Federation Land Resources Seminar Presentation

I undertook a presentation at the April 13th Arkansas Environmental Federation Land Resources Seminar titled:

Solid and Hazardous Waste/Recycling Administrative/Judicial Developments 2022-2023 (“Presentation”)

The Presentation addressed a variety of federal and state decisions, litigation, rulings, regulations, policies, either indirectly or directly related to solid or hazardous waste (including recycling) that have arisen over the last 12 months.

The topics addressed included:

• Senate Bill S.3743 (Recycling and Composting Accountability Act)
• Incineration Backlog/Hazardous Waste Storage: Indiana Department of Environmental Management Storage Time Extension
• East Palestine, Ohio, Train Derailment/U.S. Environmental Protection Agency Alert Addressing Potential State Interference with Acceptance of Hazardous Waste
• Oakland Athletics Strike Out (California Appellate Court Rejects Petition Seeking hazardous waste regulation of Metal-Shredding Operation)
• PFAS/Safe Drinking Water Act: U.S. Environmental Protection Agency Proposes Primary Drinking Water Standards
• PFOA/PFOS/CERCLA (U.S. Environmental Protection Agency Proposal to Designate as Hazardous Substances)
• RCRA Listed Hazardous Waste/K051 (U.S. Environmental Protection Agency Proposed to Grant Delisting Petition)
• RCRA Manufactured Process Unit Exemption (EPA Administrative Law Judge Decision)
• Polyvinyl Chloride/RCRA (U.S. Environmental Protection Agency Addresses Center for Biological Diversity Petition to List)
• Municipal Solid Waste Landfills/Emission Factors (Environmental Organizations’ Notice of Intent to Sue U.S. Environmental Protection Agency Alleging a Failure to Perform Update)
• U.S. Environmental Protection Agency National Enforcement and Compliance Document for Years 2024-2027 (Association of State and Territorial Solid Waste Management Officials Comments)
• Hazardous Waste Storage/RCRA (U.S. Environmental Protection Agency Announces Multi-Party Settlement Involving Fort Smith, Arkansas Warehouse
• Hazardous Waste Enforcement (U.S. Environmental Protection Agency and Lowe’s Home Centers Enter into Consent Agreement Addressing 243 Stores
• Release Reporting/CERCLA (U.S. Environmental Protection Agency and Canton Township, Michigan, Facility Enter into Consent Agreement)
• Environmental Criminal Enforcement (Recent Examples)
• Tank Cleaning/Confined Space Dangers (OSHA Announces Regional Emphasis Program for Region 6)
• Cigarette Filter Waste/Cigarette Manufacturers (Baltimore, Maryland, Files Judicial Action Seeking to Recover Alleged Cleanup Costs/Damage to Natural Resources)
• 94th Arkansas General Assembly/Petroleum Storage Tank Trust Fund (Senate/House of Representatives Enact Legislation Increasing Corrective Action Reimbursement Limits)
• Arkansas Recycling Tax Credits (Reminder)
• Hazardous Waste Enforcement (Arkansas Department of Energy & Environment Files Sebastian County Circuit Court Action Addressing Fort Smith Used Oil Processing Facility)
• Fort Smith Residential-Recycling Program (Arkansas Supreme Court Addresses Illegal Exaction/Unjust Enrichment Claims
• Flow Control/Municipal Ordinance (Shreveport, Louisiana, Judicial Action Filed Alleging Waste Haulers Failure to Use Designated Landfill)
• Oil Contamination/Remediation (New York Court Considers Potential Liability of Insurance Company/Environmental Consultant)
• Cannabis Company Accused of Illegally Dumping Hazardous Waste

A copy of the slides from the Presentation can be downloaded here.