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McCoy's RCRA Review

January 2024

First in-person of the year! 

McCoy’s first in-person seminar of the year, March 11-15, 2024, at the Hilton Virginia Beach Oceanfront hotel in Virginia, is coming up fast—don’t forget to make accommodations early! And while you’re in the area, check out the ViBe Creative District, where craftspeople turned the roads, sidewalks, trees, and local businesses into hundreds of works of art. You can see their creativity yourself on the ViBe Creative District Mural Tour

Virginia Beach seminar signup


RCRA revisions rescinded

On August 9, 2023, EPA promulgated a direct final rule addressing numerous technical corrections to the RCRA regulations. The corrections, impacting the generator improvements rule, hazardous waste pharmaceuticals rule, and definition of solid waste rule, were set to become effective on December 7, 2023. In light of negative comments submitted to EPA, the agency has partially withdrawn the direct final rule, allowing only a few minor, non-substantive verbiage changes to take effect.   READ MORE  


Autumnal air agenda

EPA’s Fall 2023 regulatory agenda is now available. The agency is planning reviews, revisions, and amendments to scores of stationary source regulations. A critical aspect of the CAA is the periodic review of source category standards. While much of what is on the agenda is the typical review, some items result from lawsuits and court orders.   READ MORE  




Get refreshed

Hey you… yeah you! Have you heard of our 2-Day RCRA Refresher? It’s a concentrated version of our 5-day seminar. And if you’re already well versed in RCRA, consider this class a chance to reinvigorate your passion for the regs from a new perspective. Propel yourself to the forefront of environmental compliance and join us for a .VIRTUAL refresher or catch us in person this November 20-21, 2024, in Houston

Refresher agenda

McCoy’s full schedule


Vertical Forests are here  

Could Vertical Forests be the future of urban architecture? The idea, which was first developed in Milan, Italy, is not only beautiful to the eye, but is rich in biodiversity. Its design replaces traditional architectural materials with vegetation like leaves and plants, forming ecosystems that help absorb CO2 and produce oxygen. Since its initial creation, they’ve begun sprouting up around the world. The Vertical Forest City complex in Huanggang, China opened for tenants just a few weeks ago. And here in Denver, Colorado, a similar project, One River North, will be completed this year! 






RCRA regulatory agenda sees few changes

The Fall 2023 regulatory agenda is now available. EPA is keeping per- and polyfluoroalkyl substances in its sights for regulation as RCRA hazardous constituents and CERCLA hazardous substances. The agency has also begun reviewing potential universal waste regulation for lithium batteries and solar panels.   READ MORE  


February RCRA 5D .V

If you’re considering a McCoy 5-Day RCRA seminar, look no further than next month's February 5-9, 2024, .VIRTUAL class. Our training places a strong emphasis on mastering the fundamental skills of hazardous waste determinations. Start by logically breaking down the regulations before diving into advanced topics like LDR. And last but not least, the class includes the brand new 2024 course materials—we’ll ship them right to your door, so be sure to include a good address!  

February .V registration

Seminar agenda


Another affirmative defense removal

On December 1, 2023, EPA proposed a rule removing the affirmative defense provisions from the oil and natural gas production NESHAP and the natural gas transmission and storage NESHAP. [88 FR 83889] An affirmative defense is a mechanism that allows a source to avoid civil penalties during judicial or administrative proceedings. Recently, the agency removed the “emergency” affirmative defense provisions from the Part 70 and Part 71 operating permit programs (see previous article). EPA points to the same opinion, NRDC vs. EPA (U.S. Court of Appeals, D.C. Circuit; Docket No. 10-1371; April 18, 2014), for removing affirmative defense from Part 63, Subparts HH and HHH. More information is available via Docket ID No. EPA-HQ-OAR-2023-0406.


Shark fin fiasco 

As a result of illegal fishing, 73 million sharks are killed each year for their fins, constructing a billion-dollar industry in the process. As a result, the United States passed a bill this year banning shark fin importation and exportation. The bill, which is an important step in ocean conservation, couldn’t have come at a better time as studies show close to a third of all sharks, rays and chimaeras are at risk of extinction.

House passes legislation on shark fins




No second thoughts on smelting

Malleable and abundant, lead may be toxic, but it is still a critical component of batteries, electronics, radiation shielding, and more. Most lead in the modern era comes not from lead ore like galena or anglesite but from secondary sources like lead-acid batteries, piping, solder, and lead sheathing. Smelting this secondary lead can be highly polluting, and EPA recently updated the secondary lead smelters NSPS with more stringent emission limits and periodic performance testing. New sources must now contend with tighter controls, approval of written SOPs, and no startup, shutdown, and malfunction exemption.   READ MORE  


Coffee cup curse 

They went through 23,000 cups a week… the streets were littered… and the parks were cluttered. Killarney, a small but popular tourist town in Ireland, needed to be freed from their coffee cup curse. Leading to the town's ban on single-use coffee cups and becoming the first in Ireland to do so. But how did they manage to complete such a harrowing feat, and did it end up working? 

Killarney’s single-use coffee cup ban




Processing rubber tire proposal

In the rubber tire manufacturing NESHAP, four subcategories are identified—rubber processing, tire production, tire cord production, and puncture sealant application. Rubber processing is the only subcategory without emission limits, and on November 16, 2023, EPA proposed updates to Part 63, Subpart XXXX, to fill this gap. [88 FR 78692] The agency has proposed emission limits for total hydrocarbons (THC), acting as a surrogate for polycyclic aromatic hydrocarbons and all organic HAPs, and filterable particulate matter (fPM), acting as a surrogate for metal HAPs. Continuous emission monitoring for THC and baghouse system parameter monitoring associated with fPM would be required. Since the proposal is not a “major rule,” new and reconstructed sources must achieve compliance with the updated provisions by the final rule’s effective date, while existing sources have three years from that date. More information is available via Docket ID No. EPA-HQ-OAR-2019-0392.


The return of seagrass

The declining manatee population in Florida's Mosquito Lagoon has a new beacon of hope as their favorite food made an unexpected return…and it’s leaving marine biologists puzzled! The manatee’s main feeding source, “seagrass,” had been almost wiped out by algae blooms and pollutants. It’s making an unforeseen resurgence that scientists are still having trouble understanding.

What’s going on in Mosquito Lagoon?


Eliminating lead service lines

An estimated 9.2 million lead service lines (LSL) provide water to communities across the United States. LSLs and brass faucets are the most common sources of lead contamination in drinking water. On December 6, 2023, EPA proposed revisions to the National Primary Drinking Water Regulation for lead and copper under the SDWA. [88 FR 84878] The proposed rule aims to eliminate all LSLs in water systems within 10 years. It will also lower the lead action level to 0.010 mg/L and eliminate the lead trigger level. Ultimately, the agency wants to improve public health protection, better inform the public of lead contamination, and reduce the complexity of its 2021 Lead and Copper Rule Revisions. Comments may be submitted through February 5, 2024 via Docket ID No. EPA-HQ-OW-2022-0801.


2024 Seminars

3-Day CAA Seminars
.VIRTUAL: April 9–11, 2024
.VIRTUAL: August 6–8, 2024
.VIRTUAL: October 22–24, 2024

5-Day RCRA Seminars
.VIRTUAL: February 5–9, 2024
Virginia Beach: March 11–15, 2024
.VIRTUAL: May 6–10, 2024
Denver: June 24–28, 2024
.VIRTUAL: July 22–26, 2024
Lake Tahoe: August 19–23, 2024
.VIRTUAL: September 16–20, 2024
.VIRTUAL: November 4–8, 2024
Las Vegas: December 9–13, 2024

2-Day RCRA Refreshers
.VIRTUAL: February 21–22, 2024
.VIRTUAL: June 11–12, 2024
Houston: November 20–21, 2024

Visit to register or call us at 303-526-2674.


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Copyright ©2024 McCoy and Associates, Inc. 12596 West Bayaud Avenue, Suite 210 Lakewood, CO 80228

McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with any guidance provided in RCRA Review. 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 such guidance may conflict. Any guidance in RCRA Review is general in nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with 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.

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