Hazardous waste: 1998 Regulatory and judicial developments

Every year, owners and operators of facilities generating, transporting, treating, storing, or disposing of hazardous waste, or persons held liable for past hazardous waste management practice through EPA`s Superfund program, are affected by changes in the application and interpretation of hazardous waste regulation. This paper will summarize the significant 1997 hazardous waste regulatory developments, including changes and additions to land disposal restrictions and treatment standards, hazardous waste determination procedures, used oil management practices. This paper will also summarize key judicial decisions addressing expanded definitions of solid and hazardous waste, activities constituting disposal, and circumstances constituting imminent and substantial endangerment. Finally, this paper will summarize new EPA Superfund guidance documents and judicial decisions addressing issues of liability and defenses to liability under Superfund.