Aaron Goldberg focuses on regulatory issues associated with hazardous wastes and consumer/industrial products. He started his career as a consultant to the U.S. Environmental Protection Agency (EPA), working on the development of the hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). After a stint in the White House Office of Management and Budget (OMB), he joined Beveridge & Diamond, P.C., where he has continued to concentrate on hazardous waste issues at the federal, state, and international levels.
Because much of Mr. Goldberg’s hazardous waste work has been related to management of end-of-life products, he has become increasingly involved with other product regulatory issues, as well. For example, he works extensively on U.S. and international rules for transport of hazardous materials or dangerous goods. He also spends considerable time on regulations designed to prevent the diversion of chemical products to illicit purposes, such as in the production of chemical weapons or illegal drugs.
Mr. Goldberg represents a number of companies and trade associations in a variety of industries, including chemicals, electronics, recycling, consumer products, petroleum, pharmaceuticals, steel, and mining. His practice encompasses the full range of regulatory services, from participating in the development of new laws/regulations to counseling clients on compliance strategies, and from applying for permits or variances to responding to enforcement actions.
In addition to being an attorney, Mr. Goldberg has a graduate degree in chemistry and extensive training and experience in economics. His varied background enables him to serve as a particularly effective bridge between engineers, business managers, attorneys, consultants, and regulators.
Advocacy Before EPA - Prepared comments on dozens of proposed rules under RCRA and its state counterparts. Developed, and helped convince EPA to adopt, an interpretation of a Supreme Court decision on ash from waste-to-energy facilities that neutralized the effect of that ruling on such facilities.
Challenges to Agency Rulemakings - Played a key role in successful challenges to major elements of EPA's definition of hazardous waste, including the "mixture" and "derived-from" rules, several hazardous waste listings, and the toxicity characteristic as it applies to mineral processing wastes. Was instrumental in blocking efforts by a national environmental organization to overturn a state’s interpretation of its own regulations in a way that would have required most municipal wastewater treatment sludge in the state to be classified as hazardous waste.
Defense of Enforcement Actions - Negotiated a 90% reduction in penalties in a multimillion-dollar enforcement action involving air emissions and process residuals at a cement plant that burned hazardous wastes as a fuel. Obtained a highly favorable settlement in a path-breaking enforcement case against a U.S. government complex that raised novel homeland security issues.
Regulatory Counseling - Analyzed the regulatory status of countless materials under the federal and state definitions of solid and hazardous wastes. Identified exemptions from permitting requirements for numerous hazardous waste management processes. Developed ways to modify materials and/or handling methods to minimize regulatory requirements.
Foreign and International Transboundary Waste Issues - Helped clients determine whether various materials are subject to foreign hazardous waste rules (working with local counsel as needed). Assisted clients in determining how to ship recyclable materials between countries under the Basel Convention.
Product Stewardship - Assisted a manufacturer of consumer electrical products develop and market new products and services that reduce regulatory burdens on customers disposing of the products at their end of life. Helped many manufacturers conduct nationwide and worldwide product recalls in accordance with applicable rules.
Hazardous Materials/Dangerous Goods Transportation - Helped clients prepare their product/wastes for transport in accordance with the federal Hazardous Materials Regulations and their international counterparts. Petitioned the U.S. Department of Transportation (DOT) for a determination that state rules for transport of used electronics are preempted by federal law.
Chemical Diversion - Helped a chemical company develop and implement a program for worldwide compliance with the Chemical Weapons Convention and represented the company in inspections under that treaty. Analyzed and helped resolve issues for products containing controlled substance precursors under U.S. Drug Enforcement Administration (DEA) regulations and their counterparts in all 50 states and dozens of countries.
Miscellaneous - Handled numerous matters under other regulations affecting products, including Consumer Product Safety Commission (CPSC) rules for toys/children’s products; Federal Trade Commission (FTC) “green marketing” guidelines; Nuclear Regulatory Commission (NRC) regulations for radioactive products; and Occupational Safety and Health Administration (OSHA) rules for hazard communication and combustible dusts.