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Waste and Chemical Management in a 4°C World

Many chemicals and hazardous substances are kept in places that can withstand ordinary rain, but not severe storms or floods. If these events occur and the chemicals are released, people and the environment may be endangered. This Article discusses the hazards posed to chemical and waste disposal facilities by extreme weather events that would be worsened as a result of climate change, and how U.S. laws do (or do not) deal with these hazards; and considers how the law would need to change to cope with what would happen to these facilities in a potentially 4°C world.

88 FR 6257

EPA entered into a proposed settlement under CERCLA for recovery of past response costs concerning the Logan Street Mercury Response site in Ada County, Idaho.

88 FR 6257

EPA announced a proposed administrative cost settlement for recovery of response costs concerning the Sessions Clock site in Bristol, Hartford County, Connecticut.

88 FR 5920

United States v. Lynden, Inc., No. 2:23-cv-00101 (W.D. Wash. Jan. 24, 2023). Settling CERCLA, CWA, and OPA defendants that released hazardous substances and discharged oil from facilities along and near the Lower Duwamish River must pay $556,250 for natural resource damages; purchase restoration credits in a restoration project constructed along the Lower Duwamish River by a project developer to serve as a restoration credit bank; and pay their equitable share of assessment costs.

88 FR 4999

EPA announced a proposed administrative settlement agreement under CERCLA for recovery of past response costs concerning the Tittabawassee River, Saginaw River and Bay site in Michigan.

88 FR 4120

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.

88 FR 3945

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.

88 FR 3439

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.

88 FR 3373

The Office of Restoration and Damage Assessment seeks comments and suggestions from state, tribal, and federal natural resource co-trustees, other affected parties, and the interested public on revising the simplified Type A procedures in the regulations for conducting natural resource damage assessments and restoration for hazardous substance releases.

88 FR 2089

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.