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McCoy's RCRA Review

March 2024

California Title 22-RCRA is here!

The wait is finally over, McCoy’s California Title 22-RCRA .VIRTUAL seminar is open for registration. Taking place this October 7-10, 2024, McCoy is bringing its trademark seminar approach to the California hazardous waste regulations. Get guidance on the California Health and Safety Code (HSC) and connect the dots between California hazardous waste specifics and federal RCRA, equipping you with a fresh perspective on the regulatory landscape.

California Title 22-RCRA agenda


Major PFAS provisions proposed

RCRA-permitted treatment, storage, and disposal facilities are required to clean up releases of hazardous waste and hazardous constituents from solid waste management units under corrective action. A new proposed rule from EPA seeks to amend the definition of hazardous waste as it applies to the corrective action program. This proposal goes hand-in-hand with another, designating nine unique PFAS as RCRA hazardous constituents… a full-court press on regulating PFAS.   READ MORE  


RCRA in May and June! 

Though it seems like it’s far in the distance, spring and warm weather will be here before you know it, so it’s time to set your sights on McCoy’s next .VIRTUAL 5-Day RCRA seminar, May 6-10, 2024! Don’t forget to register early to avoid shipping charges! 

Been around the block a few times? Sign up for the .VIRTUAL RCRA Refresher seminar taking place a month later, June 11-12, 2024. 

5-Day Agenda
Refresher Agenda
See the full schedule





As the most populous U.S. state and the largest sub-national economy in the world, California is uniquely situated to pave the country’s way into the future—as per the maxim, “As goes California, so goes the nation.” And an essential part of that leadership is environmental stewardship. That’s why we wanted to update our white paper on the California hazardous waste program… to help you be a leader in your environmental program. Now you can sleep easy knowing you’re well prepared to tackle both the federal RCRA regs and the California ones. Talk about a eureka moment.


Living Soil—a film about its importance

In this eye-opening documentary, the significance of earth’s soil is illuminated. The film dives into those who work with and manage soil—from large-scale farming to small urban farms—and the story explores the innovative solutions because soil is the foundation of all the food we eat. In the end, if we take care of our soil…the soil will take care of us.    

Watch the Living Soil Film






The world’s tiniest creatures 

Humans tend to put the spotlight on ginormous animals like giraffes and whales so why not give a little love to the smallest creatures in the world for a change. Unlike most large animals, smaller species continue to be discovered, breaking previous records, and updating the definition of what "small" is. From the tiniest amphibian to the most microscopic fungi, see what scientists have to say about these remarkable tiny creatures.


Interminable incinerator issues

For the past few years, the waste industry has been working around an incinerator backlog. Whether due to labor shortages, cement kiln shutdowns, or simply more waste being generated, reduced incinerator capacity doesn’t allow generators to skirt accumulation time limits. EPA addressed this issue in August 2021 with a memorandum that outlined several existing regulatory options to alleviate compliance challenges. However, the backlog of containerized hazardous waste needing incineration has persisted longer than the agency initially expected. In early 2024, EPA released a set of frequently asked questions regarding these issues.   READ MORE  


Air pros take flight

Calling all Clean Air Act regulatory professionals, McCoy’s .VIRTUAL CAA seminar is this April 9-11, 2024. In this live broadcast, you’ll dive into detailed modules, gain insight by working through case studies, and have an opportunity to ask the questions in real time. Make more sense of the applicability determinations than you ever thought was possible—sign up for McCoy’s Clean Air Act seminar

Future CAA seminars
CAA class agenda


PFAS progress report

PFAS contamination has been at the forefront of EPA’s regulatory agenda over the last three years. On October 18, 2021, EPA announced its PFAS Strategic Roadmap, a plan to address PFAS contamination in the United States. In December 2023, EPA published a progress report reviewing the roadmap’s second year of implementation. The report summarizes the progress EPA has made in tackling PFAS contamination, including improvements in chemical safety, drinking water, water contamination, cleanups, data collection, and industry accountability. The agency also provides a summary of partnerships and community engagement.


Taking down waste combustion emissions

On January 23, 2024, EPA proposed amendments to the new source performance standards and emission guidelines for large municipal waste combustion units. [89 FR 4243] The proposal would reduce the emission limits of nine regulated pollutants for all new and existing sources except for two subcategories of combustors. Also on the table are the removal of the startup, shutdown, and malfunction exemption, electronic reporting, and revised recordkeeping requirements. These updates to Part 60, Subparts Cb and Eb are expected to reduce emissions by 14,000 tons per year. A unique aspect of these Part 60 standards is that because they are derived from CAA Section 129, the emission limits reflect the maximum achievable control technology normally associated with Part 63 air toxic standards. Comments may be submitted through March 25, 2024 via Docket ID No. EPA-HQ-OAR-2017-0183.




Tesla’s hazardous waste problem? 

In January 2024, Tesla agreed to pay $1.5 million to settle a lawsuit from 25 different district attorneys for illegally mishandling hazardous waste materials at their facilities across California. The settlement also includes a five-year injunction where Tesla will have to undergo mandatory audits and training. Since the settlement, Tesla has taken steps to improve their hazardous waste compliance and is using this as a learning opportunity for themselves and other large companies. 

Tesla’s haz waste lawsuit


CERCLA/corrective action collaboration

Hazardous waste-contaminated sites may be cleaned up under CERCLA or RCRA, the latter conducted through corrective action. Because of overlapping authority, sometimes cleanup activities are inappropriately deferred to one program or the other. Citing the importance of communication and collaboration, EPA’s Office of Inspector General released a report in 1999 making recommendations to help prevent remediation projects from falling through the cracks. EPA recently rereleased a December 1999 memorandum emphasizing how deferring a cleanup to RCRA requires a written notification to the receiving corrective action program, which then confirms the deferral is appropriate and all necessary information is obtained. [RO 14960] The CERCLA and corrective action programs should assign a site deferral coordinator and establish a timeline for the approval process while documenting all aspects of the deferral.




The salmon prevail 

The salmon are triumphant after a historic district court ruling, allowing water to flow naturally for the first time in nearly 100 years along Washington’s Puyallup River. The decision will remove a temporary portion of Washington’s Electron Dam that was harming Chinook salmon, steelhead trout, and bull trout. It’s a milestone for both the fish and the Puyallup Tribe that won the suit in court.


Updated CAA proposal for lime manufacturing

In early 2023, as discussed in a previous article, EPA proposed revisions to the lime manufacturing plant NESHAP in Part 63, Subpart AAAAA. Based on information gathered during the comment period, the agency proposed additional revisions to those emission limits on February 9, 2024. [89 FR 9088] Mercury and dioxin/furan emission limits for all kilns would be increased while no revisions would be made to the total hydrocarbon limits. Depending on lime kiln design, the hydrogen chloride emission limits are revised upwards, downwards, or, in some instances, are unchanged. A new emissions averaging compliance alternative is also proposed for hydrogen chloride and mercury emissions at existing sources. More information is available at Docket ID No. EPA-HQ-OAR-2017-0015.


CUPA Training Conference

Our team just returned from the 26th CUPA Annual Training Conference held in San Franciso. The California CUPA Forum partners with local, state and federal agencies to establish consistent standards, tech assistance and expertise, and collaboration to address policy decisions, training and problem solving.

McCoy presented three, out of approximately 160 training sessions, across 15 distinct Hazardous Materials Programs and Tracks. We networked with many of the over 1,300 industry professionals, students, and government representatives. Thank you, CUPA, for an informative and delightful conference!


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: 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: 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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