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As used in rulemaking, the phrase “waters of the United States” most often refers to waters subject to CWA Section 404 dredge and fill permitting as implemented by the Corps and subject to EPA approval. But in the draft guidance, the agencies make it clear that the phrase extends to other major programs administered under […]
In November 2011, EPA closed public comment on a rule concerning the disposal of coal combustion residuals from electricity-producing facilities, first proposed in 2010. EPA is considering two possible options for the management of coal ash. Under the first proposal, EPA would list these residuals as special wastes subject to regulation under Subtitle C of […]
Is the material a solid waste? Is the waste specifically excluded from RCRA’s hazardous waste regulation? If the waste is a solid waste, is the solid waste “hazardous”? This requires you to determine: Is the waste a “listed” hazardous waste? Does the waste exhibit one or more of the four characteristics of hazardous waste? Is […]