EPA finalized guidance on petitions for a no migration variance (NMV) under the land disposal restrictions pursuant to RCRA for persons applying for a NMV for a waste pile temporarily located within a RCRA-permitted Subtitle C landfill cell.

EPA entered into a proposed consent decree under RCRA in Statewide Organizing for Community eMpowerment v. U.S. Environmental Protection Agency, No. 1:22-cv-2562-JDB (D.D.C.), that would establish deadlines for the Agency to sign proposed and final actions pertaining to allegations that EPA failed to perform its non-discretionary duty to review and revise a regulation that exempts inactive coal combustion residuals (CCR) landfills from the CCR disposal regulations.

EPA proposed to grant an exclusion from the list of hazardous wastes to ExxonMobil Baytown Refinery located in Baytown, Texas, to exclude up to 730 cubic yards per year of sludges removed from the wastewater treatment plant from the list of federal hazardous wastes when disposed of in a Subtitle D Landfill under RCRA.

EPA proposed to grant an exclusion from the list of hazardous wastes to ExxonMobil Baytown Refinery located in Baytown, Texas, to exclude up to 2,409 cubic yards per year of API separator sludge from the list of federal hazardous wastes when disposed of in a Subtitle D Landfill under RCRA.

United States v. Formosa Plastics Corp., Texas, No. 09-00061 (S.D. Tex. Jan. 11, 2023). A proposed second amendment to a consent decree requires settling RCRA defendants to cease treating the recovered groundwater on site, and instead send the recovered wastewater off site to a RCRA permitted hazardous waste treatment, storage, and disposal facility, and clean the wastewater treatment system to eliminate hazardous waste residue.

EPA responded to a rulemaking petition from the Center for Biological Diversity requesting that discarded polyvinyl chloride be listed as a hazardous waste under RCRA, tentatively denying the petition and soliciting public comment on the tentative denial.

EPA took direct final action on the authorization of Delaware’s changes to its hazardous waste management program under RCRA.

EPA proposed to authorize changes to Delaware’s hazardous waste management program under RCRA.

United States v. Container Life Cycle Management, LLC, No. 22-cv-01423 (E.D. Wis. Nov. 30, 2022).  A settling RCRA and CAA defendant, in connection with violations at its container reconditioning facilities in Milwaukee, Wisconsin, must pay a $1.6 million civil penalty; implement a container management plan for a two-year period; continuously operate a previously installed regenerative thermal oxidizer at and construct additional emissions capture systems within the St. Francis facility; install and continuously operate a new digital data recorder to record the temperature of the drum reclamation furnace afterburner and maintain an afterburner temperature at or above 1,650 degrees at the Oak Creek facility; and conduct performance testing at both facilities.