---
title: Audit, Compliance and Risk Blog | STP | Hazardous Waste
description: Hazardous Waste | STP's blog giving insight into audit, compliance and risk issues for EHS, business and accounting.
---

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# Audit, Compliance and Risk Blog

## [New Jersey proposes to require reporting when site assessments find contamination](https://blog.stpub.com/new-jersey-proposes-to-require)

 Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Fri, Dec 27, 2024

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[![](https://blog.stpub.com/hubfs/images/Hazardous_Waste-1.jpg) ](https://blog.stpub.com/new-jersey-proposes-to-require)

New Jersey's Spill Compensation and Control Act (Spill Act) was enacted in 1977, establishing broad responsibilities for entities that handle hazardous substances, including reporting and cleanup by those responsible for contamination. (The Spill Act predated and helped inspire the national Superfund law (Comprehensive Environmental Response, Compensation, and Liability Act of 1980). The Act also provides limitations on liability in some circumstances, notably for entities that acquire land that is already contaminated. The Spill Act is administered by the New Jersey Department of Environmental Protection (DEP). On October 21, DEP proposed to expand Spill Act reporting responsibilities to all entities that discover contamination, including those conducting site evaluations as part of their due diligence – “All Appropriate Inquiries” – in support of possible property transfers. 

[Read More](https://blog.stpub.com/new-jersey-proposes-to-require)

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 Tags: [Environmental risks](https://blog.stpub.com/topic/environmental-risks), [Environmental](https://blog.stpub.com/topic/environmental), [Environmental Projects](https://blog.stpub.com/topic/environmental-projects), [Hazardous Waste](https://blog.stpub.com/topic/hazardous-waste), [Environment](https://blog.stpub.com/topic/environment), [Environmental Policy](https://blog.stpub.com/topic/environmental-policy), [Hazardous Chemicals](https://blog.stpub.com/topic/hazardous-chemicals), [Hazardous Material](https://blog.stpub.com/topic/hazardous-material), [Environmental Compliance](https://blog.stpub.com/topic/environmental-compliance), [Hazardous Substances](https://blog.stpub.com/topic/hazardous-substances)

## [EPA proposes TSCA review of five potential high hazardous substances](https://blog.stpub.com/epa-proposes-tsca-review-of-five-potential-high-hazardous-substances)

 Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Fri, Aug 16, 2024

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[![](https://blog.stpub.com/hubfs/images/Hazardous%20chemicals2.jpg) ](https://blog.stpub.com/epa-proposes-tsca-review-of-five-potential-high-hazardous-substances)

The 2016 amendments to the Toxic Substances Control Act (TSCA) added procedures for the Environmental Protection Agency (EPA) to evaluate risks presented by existing chemicals using the latest scientific information – including information developed after a chemical entered use in the US. Based on these reviews, EPA is to update its regulatory requirements, ranging from labeling-only through use restrictions up to and including bans from further distribution and use. (I summarized these review requirements [HERE](https://blog.stpub.com/the-new-tsca-1-reviewing-more-existing-chemicals) ).  Beginning in November 2019, EPA regularly announces new chemical reviews, and subsequently the results of these reviews. (I wrote about the first review announcement[ HERE](https://blog.stpub.com/epa-proposes-first-major-reviews-of-existing-chemicals-under-the-2016-amendments-to-tsca) ). On July 25, 2024 EPA published a formal proposal to review 5 additional chemicals for designation as High-Priority Substance subject to strict controls under TSCA. The rest of this note identifies these proposed chemicals.

[Read More](https://blog.stpub.com/epa-proposes-tsca-review-of-five-potential-high-hazardous-substances)

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 Tags: [Health & Safety](https://blog.stpub.com/topic/health-safety), [Environmental risks](https://blog.stpub.com/topic/environmental-risks), [Environmental](https://blog.stpub.com/topic/environmental), [EPA](https://blog.stpub.com/topic/epa), [tsca](https://blog.stpub.com/topic/tsca), [Hazardous Waste](https://blog.stpub.com/topic/hazardous-waste), [Environment](https://blog.stpub.com/topic/environment), [Hazardous Chemicals](https://blog.stpub.com/topic/hazardous-chemicals), [Hazardous Material](https://blog.stpub.com/topic/hazardous-material)

## [OSHA requirements for employers’ emergency response activities](https://blog.stpub.com/osha-requirements-for-employers-emergency-response-activities)

 Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Wed, Jul 10, 2024

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[![](https://blog.stpub.com/hs-fs/hubfs/images/jon_f_elliott.jpg?width=190&height=227&name=jon_f_elliott.jpg) ](https://blog.stpub.com/osha-requirements-for-employers-emergency-response-activities)

The Occupational Safety and Health Administration (OSHA) establishes Emergency Response planning, training, and procedure requirements for employers, as one self-contained part of its multi-pronged Hazardous Waste Operations and Emergency Response (HAZWOPER) Standard (29 CFR 1910.120). This note describes these requirements, and places them in the context of a variety of emergency response planning requirements.

[Read More](https://blog.stpub.com/osha-requirements-for-employers-emergency-response-activities)

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 Tags: [Health & Safety](https://blog.stpub.com/topic/health-safety), [OSHA](https://blog.stpub.com/topic/osha), [Safety and Health at Work](https://blog.stpub.com/topic/safety-and-health-at-work), [workplace safety](https://blog.stpub.com/topic/workplace-safety), [Hazardous Waste](https://blog.stpub.com/topic/hazardous-waste)

## [OSHA updates its Hazard Communication Standard](https://blog.stpub.com/osha-updates-its-hazard-communication-standard)

 Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Mon, Jun 17, 2024

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[![](https://blog.stpub.com/hubfs/images/Chemicals4.jpg) ](https://blog.stpub.com/osha-updates-its-hazard-communication-standard)

Since the 1980s, the Occupational Safety and Health Administration (OSHA) has required most employers to protect their workers from workplace chemical hazards, and to train workers to protect themselves.  Most employers are subject to OSHA’s Hazard Communication Standard (HCS; 29 CFR 1910.1200), or to variants imposed by states delegated OSHA’s authority. Many of the present requirements were established by massive revisions adopted in March 2012, when OSHA recast HCS to align it with the United Nations-sponsored Globally Harmonized System of Classification and Labeling of Chemicals (GHS).  OSHA’s 2012 revisions conformed the US to GHS Revision 3, which was issued internationally in 2002.  The most obvious change was the adoption of Safety Data Sheets (SDSs) to replace longstanding Material Safety Data Sheets (MSDSs), but employers faced a series of deadlines during 2013-2016. 

On May 20, 2024, OSHA significantly updated HCS requirements for the first time since 2012, primarily to reflect GHS changes through Revision 7 (which was published in 2017). OSHA’s revisions take effect on July 19. The remainder of this note summarizes these changes, based on the affected subsections or appendices.

[Read More](https://blog.stpub.com/osha-updates-its-hazard-communication-standard)

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 Tags: [OSHA](https://blog.stpub.com/topic/osha), [Safety and Health at Work](https://blog.stpub.com/topic/safety-and-health-at-work), [workplace safety](https://blog.stpub.com/topic/workplace-safety), [Hazardous Waste](https://blog.stpub.com/topic/hazardous-waste), [Hazard Communication](https://blog.stpub.com/topic/hazard-communication), [Hazardous Chemicals](https://blog.stpub.com/topic/hazardous-chemicals)

## [EPA requires worst case release planning by onshore facilities](https://blog.stpub.com/epa-requires-worst-case-release-planning-by-onshore-facilities)

 Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Tue, Apr 23, 2024

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[![](https://blog.stpub.com/hubfs/river-4336788_1280.jpg) ](https://blog.stpub.com/epa-requires-worst-case-release-planning-by-onshore-facilities)

On March 28, 2024, the US Environmental Protection Agency (EPA) adopted requirements that qualifying onshore non-transportation-related facilities prepare Facility Response Plans (FRPs) to address possible “worst case” discharges of hazardous substances into navigable waters or related areas. These new requirements fulfill a mandate imposed in 2020 after environmental groups successfully sued EPA for failing to issue such rules in the 30 years following 1990 amendments to the Clean Water Act (CWA) directed EPA to do so (*Environmental Justice Health Alliance for Chemical Policy Reform, et al. v. EPA*). The rest of this note discusses these new requirements, in the context of CWA facility preparation requirements.

[Read More](https://blog.stpub.com/epa-requires-worst-case-release-planning-by-onshore-facilities)

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 Tags: [Environmental risks](https://blog.stpub.com/topic/environmental-risks), [Environmental](https://blog.stpub.com/topic/environmental), [EPA](https://blog.stpub.com/topic/epa), [CWA](https://blog.stpub.com/topic/cwa), [Clear water](https://blog.stpub.com/topic/clear-water), [Hazardous Waste](https://blog.stpub.com/topic/hazardous-waste), [Environment](https://blog.stpub.com/topic/environment), [Environmental Policy](https://blog.stpub.com/topic/environmental-policy)

## [Nearly time for hazardous waste biennial reports](https://blog.stpub.com/nearly-time-for-hazardous-waste-biennial-reports-1)

 Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Thu, Feb 01, 2024

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[![](https://blog.stpub.com/hubfs/images/Hazardous_Waste-1.jpg) ](https://blog.stpub.com/nearly-time-for-hazardous-waste-biennial-reports-1)

Federal laws (commonly referred to as RCRA, after the Resource Conservation and Recovery Act of 1976) provide comprehensive management requirements for parties involved in hazardous waste management, from “cradle to grave” covering generators, transporters, and offsite management facilities. Among these many provisions are requirements that “large quantity generators (LQGs)” submit biennial reports** **to the Environmental Protection Agency (EPA) or delegated states in March of every even-numbered year. March 2024 is the next such deadline, so now is a good time to review biennial report requirements to ensure compliance at qualifying facilities.

[Read More](https://blog.stpub.com/nearly-time-for-hazardous-waste-biennial-reports-1)

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 Tags: [EPA](https://blog.stpub.com/topic/epa), [RCRA](https://blog.stpub.com/topic/rcra), [Hazardous Waste](https://blog.stpub.com/topic/hazardous-waste), [AHW](https://blog.stpub.com/topic/ahw), [LQG](https://blog.stpub.com/topic/lqg)

## [EPA’s Climate Smart Brownfields Manual](https://blog.stpub.com/epas-climate-smart-brownfields-manual)

 Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Fri, Sep 22, 2023

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[![](https://blog.stpub.com/hubfs/pexels-chris-leboutillier-929382-1.jpg) ](https://blog.stpub.com/epas-climate-smart-brownfields-manual)

Several national laws empower the US Environmental Protection Agency (EPA) to set standards for the cleanup of contamination that resulted from accidental or deliberate releases of chemicals and other materials onto land or into water. EPA’s actions include direct requirements for cleanup by responsible parties, and also inform other parties’ evaluations of if and how to prepare contaminated areas for reuse – often referred to as “brownfields” since they’re assumed to be dirtier than never-used “greenfields.” The remainder of this note discusses EPA’s 73 page “Climate Smart Brownfields Manual,” issued by the agency in 2021

[Read More](https://blog.stpub.com/epas-climate-smart-brownfields-manual)

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 Tags: [Health & Safety](https://blog.stpub.com/topic/health-safety), [EPA](https://blog.stpub.com/topic/epa), [chemical safety](https://blog.stpub.com/topic/chemical-safety), [Hazardous Waste](https://blog.stpub.com/topic/hazardous-waste), [Environment](https://blog.stpub.com/topic/environment)

## [EPA proposes non-detect lead contamination standards after residential abatement](https://blog.stpub.com/epa-proposes-non-detect-lead-contamination-standards-after-residential-abatement)

 Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Tue, Aug 29, 2023

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[![](https://blog.stpub.com/hubfs/Lead%20hazard.png) ](https://blog.stpub.com/epa-proposes-non-detect-lead-contamination-standards-after-residential-abatement)

Lead and lead-containing materials are among the longest-used materials in construction and industry. Lead has been used in commercial, residential, and ceramic paint; in electric batteries and other devices; as a gasoline additive; for weighting; and other purposes. It also has been recognized as toxic to human health and the environment at least since the Romans, although understanding of the extent and severity of lead hazards has improved greatly in recent decades. Accordingly, environmental, occupational and public health agencies have progressively tightened standards to reduce lead exposures. On August 1, 2023, the Environmental Protection Agency (EPA) proposed to tighten post-remediation clearance levels as low as “non-detect.” The rest of this note discusses EPA’s latest proposal, and provides some context and background.

[Read More](https://blog.stpub.com/epa-proposes-non-detect-lead-contamination-standards-after-residential-abatement)

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 Tags: [EHS](https://blog.stpub.com/topic/ehs), [EPA](https://blog.stpub.com/topic/epa), [tsca](https://blog.stpub.com/topic/tsca), [Hazardous Waste](https://blog.stpub.com/topic/hazardous-waste), [ESG](https://blog.stpub.com/topic/esg)

## [EPA to reconsider management of containers that held hazardous waste](https://blog.stpub.com/epa-to-reconsider-management-of-containers-that-held-hazardous-waste)

 Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Tue, Aug 22, 2023

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[![](https://blog.stpub.com/hubfs/images/Hazardous_Waste-1.jpg) ](https://blog.stpub.com/epa-to-reconsider-management-of-containers-that-held-hazardous-waste)

The Environmental Protection Agency (EPA) applies its authority under the Resource Conservation and Recovery Act (RCRA) to set national requirements for containers – such as drums – that may be contaminated after use to accumulate hazardous chemicals and wastes. These rules include the “empty container rule” first promulgated in 1980. On August 11, 2023 EPA published in the Federal Register a “Used Drum Management and Reconditioning Advance Notice of Proposed Rulemaking” (ANPRM), setting forth the agency’s thinking about existing container management requirements and possible enhancements and regulatory and non-regulatory alternatives to its existing approaches. The rest of this note summarizes EPA’s ruminations, which may lead to a formal rulemaking.

[Read More](https://blog.stpub.com/epa-to-reconsider-management-of-containers-that-held-hazardous-waste)

 0 Comments [Click here to read/write comments](https://blog.stpub.com/epa-to-reconsider-management-of-containers-that-held-hazardous-waste#comments-listing)

 Tags: [EPA](https://blog.stpub.com/topic/epa), [RCRA](https://blog.stpub.com/topic/rcra), [Hazardous Waste](https://blog.stpub.com/topic/hazardous-waste)

## [EPA clarifies management requirements for waste lithium-ion batteries](https://blog.stpub.com/epa-clarifies-management-requirements-for-waste-lithium-ion-batteries)

 Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Tue, Jul 18, 2023

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[![](https://blog.stpub.com/hubfs/pexels-hilary-halliwell-698485.jpg) ](https://blog.stpub.com/epa-clarifies-management-requirements-for-waste-lithium-ion-batteries)

On May 24, 2023, the Environmental Protection Agency (EPA) released a memo (“Lithium Battery Recycling Regulatory Status and Frequently Asked Questions”) clarifying regulatory requirements for spent lithium-ion batteries, under the Resource Conservation and Recovery Act (RCRA). EPA’s memo acknowledges that lithium-ion batteries power our electronics, lawnmowers, e-scooters, electric bicycles, and rapidly increasing numbers of electric cars, so numbers of spent batteries are also growing rapidly. In this memo, EPA evaluates RCRA’s applicability to lithium-ion batteries, particularly:

- Universal waste handling provisions
- Hazardous waste recycling provisions
- Other RCRA requirements

Based on its analysis, EPA offers clarification that most waste lithium-ion batteries are “likely” hazardous waste, which can be managed under universal waste handling standards until they reach a destination facility for recycling or discard. The rest of this note summarizes information in EPA’s memo.

[Read More](https://blog.stpub.com/epa-clarifies-management-requirements-for-waste-lithium-ion-batteries)

 0 Comments [Click here to read/write comments](https://blog.stpub.com/epa-clarifies-management-requirements-for-waste-lithium-ion-batteries#comments-listing)

 Tags: [EPA](https://blog.stpub.com/topic/epa), [RCRA](https://blog.stpub.com/topic/rcra), [Hazardous Waste](https://blog.stpub.com/topic/hazardous-waste)

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