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Craig J. Pritzlaff

Environmental Compliance in the Real World: Tales from an Environmental Lawyer. Craig J. Pritzlaff. A little about myself…. B.S. Bioenvironmental Sciences, Texas A&M Worked with local, state, and federal environmental authorities J.D. Southern Methodist University

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Craig J. Pritzlaff

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  1. Environmental Compliance in the Real World: Tales from an Environmental Lawyer Craig J. Pritzlaff

  2. A little about myself… • B.S. Bioenvironmental Sciences, Texas A&M • Worked with local, state, and federal environmental authorities • J.D. Southern Methodist University • Adjunct Professor, Texas Christian University • Environmental Attorney

  3. Common Law Liability

  4. The Statutes • Texas Solid Waste Disposal Act (1969) • Resource Conservation and Recovery Act (1976) • Comprehensive Environmental Response Compensation and Liability Act (CERCLA or Superfund) • Amendment to TSWDA (1985)

  5. Solid Waste: What is it? • Any discarded materials • Sludges? • Liquids? • Gasses?

  6. Example 1: Landfill Disposal

  7. Common Law Liability

  8. Example 2: Processing Site

  9. Example 3: Used Oil Recycling

  10. RCRA v. CERCLA • RCRA • Cradle-to-Grave management of waste • Generators, Transporters, TSDFs • Releases of waste from TSDFs or other active facilities • CERCLA • Generally inactive sites • Large, legacy contamination from hazardous substances • Petroleum exclusion (hazardous substance does not include “petroleum, including crude oil or any fraction thereof.” • To what extent substances in used oil are in concentrations in excess of those found in virgin oil

  11. The Blame Game

  12. Solutions • Recycling • Due Diligence • Questionnaires • Site inspections • Insurance • Indemnities • Constant vigilance

  13. Example 2: Release Reporting

  14. Reportable Spills OIL Broadly defined under Clean Water Act/Oil Pollution Act of 1990 to include petroleum and non-petroleum oils (including vegetable oil). Report RQ to NRC if reach navigable waters. If facility subject to SPCC, must ALSO report to EPA. Under OPA, reports must be made IMMEDIATELY upon knowledge of the discharge (40 CFR 110). Under state law (Texas), obligation to report within 24 hours of the release (30 TAC Chapter 327).

  15. Reportable Spills HAZARDOUS SUBSTANCES CERCLA. Release of hazardous substance in excess of RQ to or from your site must be reported IMMEDIATELY to NRC. CERCLA excludes petroleum (40 CFR 302). EPCRA. Releases of hazardous substances and extremely hazardous substances from your site must be reported IMMEDIATELY to SERC and LEPC (40 CFR 355).

  16. Reportable Quantities Oil (any kind) into water...VISIBLE SHEEN. Petroleum products onto soils or pavement….25 gallons. Crude oil onto soils or pavement….210 gallons. Crude oil into water…VISIBLE SHEEN. Industrial or Other Substances into water….100 pounds. Hazardous Substance (land, air or water)…..100-5000 gallons, depending on the substance. Fed: 40CFR302 (CERCLA), 40CFR172.101 Appendix A (CERCLA) State: 30TAC327 (incorporates 40CFR302) 26

  17. IMMEDIATELY Does immediately under CERCLA, EPCRA and OPA mean 24 hours? State: 800-832-8224

  18. Craig J. Pritzlaff Curran Tomko Tarski LLP 2001 Bryan Street, Suite 2000 Dallas, Texas 75201 214.270.1419 cpritzlaff@cttlegal.com Join me on LinkedIn!

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