September 27, 2013

EPA has released a new guidance and check list encouraging RCRA inspectors to take a very liberal view of the extent of their jurisdiction over product material generally not considered to be subject to RCRA regulation. In short, the guidance suggests that RCRA inspectors should expand the scope of their inspections to include product storage areas, and should respond to housekeeping issues by presuming that product material that is not being stored "appropriately" in the view of the inspector is actually discarded material potentially subject to regulation as hazardous waste. In such situations, the guidance envisions follow-up through relatively intrusive scrutiny and information requests.

To read the full Alert, click here.