Solid Waste/Recycling Judicial/Regulatory Update: 2022 Annual Arkansas Solid Waste Conference Presentation - Rogers, Arkansas

I undertook a presentation on October 12th at the 2022 Annual Solid Waste Conference in Rogers, Arkansas, titled:

Solid Waste/Recycling Judicial/Regulatory Update (“Presentation”)

The Presentation addressed a number of issues involving solid waste management and recycling related to:

• Legislation
• Regulations
• Judicial Decisions
• Policy Guidance
• Transactional Issues

Hazardous waste related issues, in addition to solid waste, were also addressed.

The topics addressed include:

• Arkansas Medical Marijuana Rules/Waste Issues (relevance to solid waste/recycling industry)
  • Grow facilities’ waste generated
  • Arkansas ABC rules applicable to cultivation facilities and dispensaries
  • Employer/employee issues
  • Particular concerns of environmental health and safety/solid waste/recycling facility professionals
• Inflation Reduction Act (potential relevance to the solid waste industry)
  • Methane emission reduction activities
  • Expanded tax credits for biogas projects
  • Clean hydrogen credits to produce/expand use of renewable natural gas
  • Alternate fuel tax credit/credit for landfill gas construction
  • Electric vehicle credits/grants
• Federal Recycling Legislation (Recycling and Composting Accountability Act sponsored by Arkansas Senator John Boozman)
  • Requiring that EPA collect and publish data on recycling and composting rates
  • Requiring recycling rates and recycling practices to be publicly available
• U.S. Environmental Protection Agency (“EPA”) (Public Notice for RCRA Hazardous Waste Permitting/Other Actions and Possible Modernization)
• EPA RCRA Guidance Compendium (2021-2022 Editions)
• RCRA Post-Closure Developments
• PFAS/PFOS Developments (Potential applicability to solid waste management facilities)
• RCRA Manufactured Process Unit Exemption (U.S. EPA Environmental Appeals Board Decision interpretation)
• Municipal Solid Waste Landfills/Emission Factors (Environmental organization challenging EPA to update)
• Environmental Criminal Enforcement/Recent Examples
• Hazardous waste storage/RCRA multi-party settlement involving Fort Smith, Arkansas, warehouse
• Cannabis company accused of illegally dumping hazardous waste (California)
• Environmental Justice Developments
• Tank Cleaning/Confined Space Dangers (OSHA announces Regional Emphasis Program)
• Cal-Recycle Bottle/Can Redemption Program (Six individuals charged for alleged Arizona to California recycling fraud scheme)
• Flow Control/Refuse-Derived Fuel (Minnesota judicial decision)
• Flow Control/Municipal Ordinance/Shreveport, Louisiana (Judicial action)
• Construction Debris/Waste Hauling (Texas Supreme Court decision addressing the validity of municipalities imposition of gross revenue license fee)
• Soil Importation/Gravel Quarry (Massachusetts Appellate Court addressing zoning issues)
• Waste Energy Facilities (National update)
• Power Section Combustion Byproducts Beneficial Use Rate (U.S. Energy Information Administration report)
• Oil Contamination/Remediation (New York court considers potential liability of insurance company/environmental consultant)
• Aluminum Recycling Plant/Little Rock, Arkansas (Alter Trading/Toyota joint venture)
• Arkansas Recycling Tax Credit Reminders

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