RCRA Update: A Bedrock Federal and State Environmental Program that continues to Evolve
April 13, 2017
1:00 p.m. to 4:00 p.m.
Register online today!
New York State Bar Center
One Elk Street
Albany, New York 12207
Barry R. Kogut,Esq., Bond Schoeneck and King
Lawrence P. Schnapf, Esq., Principal, Schnapf LLC
The Resource Conservation and Recovery Act (RCRA), which was passed by Congress in 1976, brought a much-needed “cradle to grave” tracking of hazardous waste and introduced a remediation program that parallels remediation schemes found under federal and state superfund programs. RCRA is among the list of federal programs that can be delegated to the states and New York has a delegated RCRA program administered by the New York State Department of Environmental Conservation (NYSDEC) that has a number of unique New York provisions.
RCRA was originally focused on ongoing manufacturing operations, but it has since evolved on both the federal and state levels so that it can apply to a broad universe of properties. RCRA obligations may be triggered at brownfield sites and purchasers of commercial property may unwittingly find themselves having to comply with generator closure obligations of a former business.
An understanding of the nuances of RCRA regulatory requirements, remediation and enforcement is critical to the environmental law practitioner. Yet, it is often difficult to find a CLE program that offers the kind of guidance that attorneys need to assist the regulated community with RCRA regulatory compliance and corrective action situations. Thus, the Environmental Law Section is pleased to provide the Section members with a unique opportunity to gain insights on current RCRA topics from both federal and state representatives and submit questions in what is often an arcane area of environmental law. We welcome you to attend in person at the offices of the New York State Bar Association in Albany or participate online as the program will be webcast.
1:00 p.m. - 1:10 p.m. - Introduction
1:10 p.m. - 2:00 p. m. - EPA Regulatory and Enforcement UpdateHazardous Waste Generator Improvement Rule
- Changes in solid waste definition relating to legitimate recycling
- RCRA brownfield redevelopment initiatives
- Hot topics in RCRA enforcement
- Interplay with State regulatory authorities, including funding and enforcement oversight
Peter J. Raack, Esq. Attorney Advisor, EPA Office of Enforcement and Compliance Assurance, Washington, D.C.
2:00 -2:50 NYSDEC Regulatory Update
Recent and upcoming revisions to NYSDEC RCRA regulations
Initiatives involving solvent-contaminated wipes, pharmacies and retail facilities
Interplay of the “contained-in” determination rule in the context of brownfield cleanups
Thomas J. Killeen, P.E. - Chief, RCRA Permitting Section, NYSDEC, Albany, New York
Benjamin A. Conlon, Esq. - Associate Attorney/Bureau Chief, NYSDEC, Albany, New York
3:10 -4:00 NYSDEC Enforcement Update
- NYSDEC enforcement procedures, including compliance and inspection issues
- Permitting, corrective action obligations of interim status facilities, generator closure obligations for purchasers and financial assurance requirements
- Scope of EPA oversight
- RCRA war stories with important themes
Benjamin A. Conlon, Esq. Associate Attorney/Bureau Chief, NYSDEC, Albany, New York
For further information, contact Lisa Bataille
Register online today!