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Environmental Law - Product Update
5/22/2008 2:45:26 PM EST
The Law of Hazardous Waste: Latest Update
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Highlights of the March 2008 update include:

• Revised Chapter 1A, International Hazardous Waste Developments, which incorporates the latest developments on international regulatory regimes affecting the transport and management of hazardous waste. Along with updated discussions of the Basel Convention (concerning the international shipment of hazardous waste), the Battery Directive, the Waste Electrical and Electronic Equipment (WEEE) Directive, and the Restriction of Hazardous Substances (RoHS) Directive, the chapter features a new section examining the London Convention and its related 1996 Protocol that deal with the disposal of hazardous materials in the marine environment. Among the topics discussed in this new section are the prohibitions, regulations and permits related to ocean dumping, and a recent amendment to the Protocol concerning the storage of carbon dioxide in the seabed. Updated Appendices feature reprints of the London Convention and its 1996 Protocol, as amended in 2006.

• Revised Chapter 9, Enforcement of Hazardous Waste Management Requirements, featuring the latest federal and state statutory and regulatory provisions for enforcing hazardous waste management requirements. Section 9.01, which covers the federal requirements, includes discussion of the requests and inspections conducted under EPA’s RCRA authority, the imposition of civil and criminal penalties, and judicial review. Section 9.02, which covers the framework for state enforcement, reviews the requirements in the following representative states: California, Georgia, Illinois, New Jersey, New York, Ohio, and Texas. Added to the chapter is new Appendix 9-F, “Model RCRA § 7003 Administrative Order on Consent.”

• New § 10.02, Chemical Facility Anti-Terrorism Standards, which discusses new Department of Homeland Security regulations requiring vulnerability assessments and site security plans for facilities that manufacture, store, or utilize certain chemical substances (referred to as chemicals of interest) that could pose a security risk. A list of about 300 such chemicals is set out in the regulations and is reproduced in new Appendix 10-E. The section also examines four types or categories of security issues, including (1) toxic, chemical, and explosive releases; (2) theft and diversion; (3) sabotage and contamination; and (4) issues critical to government mission and national economy.

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