Treatment, storage, and disposal (TSD) facility standards, §3004
Natural Resources Defense Council v. Environmental Protection Agency
The D.C. Circuit vacated EPA's comparable fuels exclusion, which exempts all fuels deemed comparable to non-hazardous waste-derived fossil fuels from the requirements set forth in RCRA §3004(q). Section 3004(q) directs EPA to establish...
Sierra Club v. Environmental Protection Agency
The D.C. Circuit vacated EPA's gasification exclusion rule, which exempts from RCRA certain hazardous residuals left over from the petroleum refining process. Under the exclusion, oil-bearing hazardous secondary materials that are...
Thompson Corners, LLC v. New York State Department of Environmental Conservation
A New York appellate court held that the subsequent owner of property formerly used as a permitted hazardous waste treatment, storage, or disposal (TSD) facility need not provide financial assurance for the ongoing performance of...
Louisiana Envtl. Action Network v. EPA
The court upholds a U.S. Environmental Protection Agency (EPA) rule that allows the Agency to issue variances from general Resource Conservation and Recovery Act (RCRA) treatment standards if such standards would likely discourage...
Military Toxics Project v. EPA
The court denies a coalition's petition for review of the U.S. Environmental Protection Agency's (EPA's) final rule establishing the circumstances in which military munitions are deemed hazardous wastes under the Resource Conservation...
United States v. Power Eng'g Co.
The court orders a metal refinishing facility to provide $3.5 million in financial assurances under a Colorado regulation that requires owners and operators of hazardous waste facilities to secure necessary resources for the proper...
Columbia Falls Aluminum Co. v. EPA
The court holds that the U.S. Environmental Protection Agency's (EPA's) use of the toxicity characteristic leaching procedure (TCLP) to measure compliance with the Resource Conservation and Recovery Act (RCRA) treatment standard for...
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