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Description
In 2018 EPA promulgated a final rule revising the definition of solid waste under the RCRA. The rule change accepted, 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 defines 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 2018 final rule not only significantly modifies the conditions for a key RCRA recycling exclusion, but also makes optional one of the four core factors defining "legitimate recycling"--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 the current status of enforcement at the state and federal level.
Presented By

Mr. Bender has concentrated on brownfield transactions and compliance counseling across a variety of regulatory programs since joining the firm in 1997. He has extensive experience structuring environmental due diligence for real estate and business transactions, negotiating environmental provisions in transactional documents, and advising developers on satisfying state and federal cleanup programs and property transfer laws consistent with business objectives. For brownfield projects Mr. Bender has negotiated environmental insurance policies and agency liability protection agreements, and counseled clients on public involvement strategies. In the regulatory compliance arena, he has advised and provided training to companies on complex regulatory programs such as hazardous waste management, release and right-to-know reporting, storage tank operations and corrective action, spill prevention and countermeasures, PCB use and cleanups, asbestos workplace standards, and stormwater permitting. Mr. Bender has also represented clients to resolve agency enforcement actions alleging violations of regulatory requirements.

Ms. Keyes combines the trial skills learned from her 17-year career as a prosecutor with her in-depth knowledge of local, state and federal governments and deep understanding of environmental law to advise clients on complex litigation and regulatory matters so clients can mitigate legal risks and achieve their business and operational imperatives. She advises a wide variety of business, institutional and organizational clients on all aspects of environmental policy, government relations, compliance planning, incident response, subsequent enforcement and litigation matters and special investigations for private and municipal clients. Having worked on matters involving every environmental statute, a significant portion of Ms. Keyes practice focuses on helping clients understand the regulatory and litigation risks associated with permit issues, worker safety, and emerging contaminants, including PFAS and ethylene oxide, as well as plastics and asbestos. She specializes in assessing facility impacts on fence-line communities and developing strategies for community engagement when appropriate. Ms. Keyes also advises clients on environment, social and governance (ESG) matters and the impacts climate change can have on business operations.

Ms. Fleming advises a wide variety of business, institutional and organizational clients on all aspects of environmental policy, government relations, compliance planning, incident response, subsequent enforcement and litigation matters and special investigations for private and municipal clients. She also advises clients on environment, social and governance (ESG) issues and the impacts climate change can have on business operations. Ms. Fleming spent more than 20 years in the public sector, serving as both an elected and appointed official at the state and local levels, as well as in various branches of the federal government. She served as Principal Legal Advisor (General Counsel) for Immigration & Customs Enforcement (ICE) in the U.S. Department of Homeland Security (DHS) and as Chief of Staff to the Environmental Protection Agency (EPA) during the Obama Administration. In addition, Ms. Fleming served as the EPA Region 4 (Southeastern Region) Regional Administrator (RA), where she was responsible for establishing and implementing environmental policy, including the principals of environmental justice for eight southeastern states and six federally recognized tribes. Ms. Fleming finalized the Region's Environmental Justice (EJ) Policy (previously stagnated for 10 years), instituted regular environmental justice information sessions with state partners and communities, and created a Regional EJ Interagency Working Group with other federal agencies to strategically and comprehensively address community concerns. Ms. Fleming also instituted the Colleges and Underserved Community Partnership Program (CUPP) which partnered college students with senior federal staff to provide much needed environmental, health and technical services to some of the poorest jurisdictions in their region.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, May 10, 2022
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
- Regulatory background
- RCRA definition of solid waste
- Recycling categories and exclusions
- Overview of 2018 rule change
- Transfer-based reclamation exclusion
- Legitimate recycling factors
- Underlying litigation and appeal
- Facts and parties
- Procedural
- Holdings
- Current compliance and enforcement
- State
- Federal
Benefits
The panel will review these and other high priority issues:
- How does the EPA's 2018 rule change compare to the 2015 RCRA updates?
- How has the current rule impacted compliance at the state level?
- Were there any implications for recyclers with multistate locations due to the 2018 EPA rule change?
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