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Hazardous Waste Rule Changes May Impact Indiana Businesses

Friday, March 10, 2017  
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By the Indiana Lawyer

Recent changes to the regulations implementing the federal Resource Conservation and Recovery Act have the potential to significantly affect the environmental management practices of Indiana businesses. In November 2016, the Indiana Department of Environmental Management incorporated the EPA’s alterations to its Definition of Solid Waste (or DSW) Rule into the Indiana Administrative Code. Assuming EPA’s new rule survives a pending legal challenge in the D.C. Circuit Court of Appeals, generators that hope to or who are currently recycling materials that would otherwise be hazardous waste must satisfy additional elements to demonstrate that they are not “sham” recyclers. Also in November 2016, EPA published its final Hazardous Waste Generator Improvements Rule which made over 60 changes to the regulations concerning hazardous waste generators. This rule generally provides businesses with more flexibility in managing hazardous waste, but it could substantially increase the cost of penalties associated with regulatory violations.

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