May 11, 2018

Natural Disaster Debris Guidance Released for Comment

EPA has released for comment three draft guidance documents relating to the management of debris generated from natural disasters [April 27, 2018; 83 FR 18558]:

Once finalized, these documents will guide government, private, nonprofit, community, and other stakeholders in preparing for debris management before a natural disaster occurs. These three documents will provide an update to existing 2008 guidance, and their development was prompted by numerous natural disasters that occurred in 2017, including: 1) three separate hurricanes that impacted a large area of the United States, 2) the northern California firestorm, and 3) tornadoes across the South and Midwest.

The draft guidance is not relieving affected entities from the requirement to make hazardous waste determinations when managing natural disaster debris:

“[A]ll regulated hazardous wastes should be managed in appropriate hazardous waste treatment or disposal facilities that comply with federal, state, local, and tribal regulations.” [Planning for Natural Disaster Debris]
“[S]olid waste that is non-hazardous under…RCRA would likely take a different route than RCRA hazardous waste, as well as from waste that falls outside RCRA’s scope. Alternatively, all waste may be managed under the more stringent requirements for hazardous waste.” [All-hazards Waste Management Decision Diagram]

EPA is accepting comments on these draft documents until June 26, 2018. Comments may be posted here.

McCoy and Associates has provided in-depth information to assist environmental professionals with complex compliance issues since 1982. Our seminars and publications are widely trusted by environmental professionals for their consistent quality, clarity, and comprehensiveness.

Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.