New From the Federal Register
Below please find summaries of environment-related rules, proposed rules, and notices recently published in the Federal Register.
United States v. Kirby Inland Marine, LP, No. 3:21-cv-00335 (S.D. Tex. Nov. 30, 2021). A settling OPA defendant that discharged oil from a barge during a collision in the Houston Ship Channel in Texas City, Texas, must pay a civil penalty of $15,334,768.83.
SIP Approval: North Carolina (Mecklenburg air quality permit rules revisions).
NMFS announced its 90-day finding on a petition to list the Atlantic humpback dolphin as a threatened or endangered species under the ESA; the agency found the petition presented substantial evidence indicating listing may be warranted and initiated a status review.
SIP Approval: Tennessee (1997 eight-hour ozone NAAQS limited maintenance plan for the Montgomery County portion of the Clarksville-Hopkinsville area).
NMFS announced its 12-month finding on a petition to list the black teatfish as endangered or threatened under the ESA; the agency found that listing is not warranted at this time.
EPA Region 2 announced a proposed settlement agreement under CERCLA that requires a settling defendant to reimburse the Agency for $125,500 in past and future oversight costs incurred in connection with radiological contamination at the Maywood Chemical Superfund site in Bergen County, New Jersey.
SIP Proposal: Georgia (nonattainment new source review permit program requirements for the Atlanta Area 2015 eight-hour ozone NAAQS).
SIP Proposal: Georgia (emission statement requirements for the Atlanta 2015 eight-hour ozone nonattainment area).
SIP Approval: Florida, Georgia, North Carolina, and South Carolina (interstate transport requirements for the 2015 eight-hour ozone NAAQS).
In re Exide Holdings, Inc., No. 20-11157 (CSS) (Bankr. D. Del. Nov. 15, 2021). A settling CERCLA debtor must allow an unsecured claim of $17,569,392.16 allocated among the following sites: the Portland Harbor Superfund site in Portland, Oregon; the Wiley's Bridge Lead site in Reading, Pennsylvania; the Brown's Battery Breaking Superfund site in Shoemakersville, Pennsylvania; and the Reading Battery and Residential sites in Reading, Pennsylvania.
EPA announced a proposed consent decree to address claims that the Agency failed to perform duties mandated by the CWA with respect to TMDLs for segments of the Spokane River and adjacent water bodies that were listed as impaired due to PCBs; the decree requires the Agency to issue TMDLs for PCBs by September 30, 2024, for the Spokane River, the Little Spokane River, and Lake Spokane in Washington State.
EPA codified its approval of Louisiana's hazardous waste management program and incorporated by reference authorized provisions of Louisiana's statutes and regulations under RCRA.
In response to a D.C. Circuit decision remanding to EPA designations for 16 counties associated with nine nonattainment areas located in seven states, the Agency reevaluated the designations with a uniform, nationwide analytical approach and revised the boundaries of two 2015 primary and secondary ozone nonattainment areas, affecting the designation status of Weld County, Colorado, and El Paso County, Texas.
SIP Proposal: Ohio (partial approval and partial disapproval of the Muskingum River 2010 primary, health-based one-hour sulfur dioxide nonattainment area plan).
EPA approved California's revised primacy program under the SDWA.
United States v. Hampton Roads Sanitation District, No. 2:09-cv-481 (E.D. Va. Nov. 22, 2021). A proposed fifth amendment to a 2010 consent decree builds upon previous amendments to provide for phased implementation of the settling CWA defendant’s proposed regional wet weather management plan; makes conforming amendments to monitoring, assessment, and reporting requirements; resolves certain stipulated penalties; and streamlines termination requirements.
United States v. Sid Richardson Carbon, Ltd, No. 3:17-cv-01792 (M.D. La. Nov. 19, 2021). A proposed amendment to a consent decree extends certain compliance deadlines for a settling defendant that violated CAA provisions at three carbon black manufacturing plants.
SIP Proposal: Pennsylvania (reduction of the maximum allowable soil content for Number 2 and lighter commercial fuel oil from 500 ppm to 15 ppm in Allegheny County).
United States v. Columbian Chemical Co., No. 6:17-cv-01661 (W.D. La. Nov. 19, 2021). A proposed first amendment to a consent decree extends compliance deadlines for settling defendants that violated CAA provisions at two carbon black manufacturing facilities in North Bend, Louisiana, and Hickok, Kansas.
SIP Approval: California (approval of 2013 base-year emissions inventories and disapproval of motor vehicle emission budgets and attainment demonstration for the San Joaquin Valley 1997 annual fine particulate matter nonattainment area).
SIP Proposal: South Carolina (limited maintenance plan for the Catawba Indian Nation portion of the Charlotte-Gastonia-Rock Hill NC-SC 1997 eight-hour ozone maintenance area).
SIP Proposal: Georgia (base-year emissions inventory requirements for the Atlanta 2015 eight-hour ozone nonattainment area).
EPA proposed to extend compliance reporting and associated attest engagement reporting deadlines under the Renewable Fuel Standard program.
SIP Proposal: North Carolina (performance testing for stationary sources of air pollution in Mecklenburg County).
FWS announced the revised taxonomy of nine wildlife and nine plant species that occur in the southwestern United States under the ESA.
SIP Approval: California (moderate area planning requirements and reclassification to serious nonattainment for the San Joaquin Valley 2012 fine particulate matter nonattainment area).
United States v. Bridger Pipeline LLC, No. 1:21-cv-00122-SPW-KLD (D. Mont. Nov. 17, 2021). A settling OPA defendant that discharged oil from Bridger's Poplar Pipeline into the Yellowstone River near Glendive, Montana, in January 2015 must pay a civil penalty of $2,000,000.
United States v. JM Fisheries LLC, No. 1:21-cv-00452 (D. Haw. Nov. 18, 2021). Settling CWA defendants that discharged oil from a commercial fishing vessel into Pago Pago Harbor, American Samoa, in April 2018 must pay $720,000 in civil penalties and perform corrective measures on the vessels they own and operate.
EPA added natural gas processing facilities to the scope of the industrial sectors covered by the reporting requirements for the Toxics Release Inventory and the Pollution Prevention Act.
NOAA seeks comment from federally recognized Indian tribes and other interested parties on its policies and guidance documents for government-to-government consultation with federally recognized Indian tribes in accordance with Executive Order No. 13175 on Consultation and Coordination with Indian tribal governments.
EPA proposed to approve Arkansas' request to update the delegation and approval of its program for the implementation and enforcement of certain NESHAPs under the CAA.
EPA proposed to update requirements for outer continental shelf sources for which Massachusetts is the corresponding onshore area to regulate emissions in accordance with Massachusetts' onshore requirements, as mandated by the CAA.
United States v. Berkeley County Public Service Sewer District, No. 3:21-CV-179 (N.D.W. Va. Nov. 17, 2021). Settling CWA defendants that violated the CWA and the West Virginia Water Pollution Control Act in connection with the Sewer District's ownership and operation of sewer collection systems, wastewater treatment plants, and a municipal separate storm sewer system must perform injunctive relief and pay a civil penalty of $518,400.
EPA announced a proposed consent decree in a CAA citizen suit alleging the Agency failed to perform certain non-discretionary duties to approve SIP revisions submitted by New York; the decree establishes deadlines for the Agency to take action on the SIP submissions.
EPA authorized revisions to Arkansas' hazardous waste management program under RCRA.
FWS announced its 12-month finding on a petition to list the Pascagoula map turtle and the Pearl River map turtle as endangered or threatened species under the ESA; the agency proposed to list the Pearl River map turtle as a threatened species with a §4(d) rule, and proposed to list the Pascagoula map turtle, Alabama map turtle, Barbour's map turtle, and Escambia map turtle as threatened species with a §4(d) rule due to their similarity in appearance with the Pearl River map turtle.
EPA proposed to update requirements for outer continental shelf sources for which New Jersey is the corresponding onshore area to regulate emissions in accordance with New Jersey's onshore requirements, as mandated by the CAA.
United States v. Armstrong World Industries, Inc., No. 2:21-cv-00047-FL (E.D.N.C. Nov. 15, 2021). Settling CERCLA defendants must perform injunctive relief and pay for past and future response costs incurred responding to releases of hazardous substances at the Triangle Pacific Corporation site in Pasquotank County, North Carolina.
The Delaware River Basin Commission announced the availability of and seeks comment on the proposed methodology for the 2022 Delaware River and Bay Water Quality Assessment Report.
NMFS proposed to establish a nationally consistent minimum insurance standard that would apply in regional regulatory programs that authorize an observer provider to deploy a person in any mandatory or voluntary observer program and that specify responsibilities of authorized providers.
SIP Proposal: Florida (removal of rules concerning visible emissions from motor vehicles and rules prohibiting tampering with motor vehicle air pollution control equipment).
The Delaware River Basin Commission proposed to amend its Comprehensive Plan and Water Code to prohibit the discharge of wastewater from high-volume hydraulic fracturing and related activities to waters or land within the Delaware River Basin.
EPA finalized the residual risk and technology reviews conducted for the carbon black production and cyanide chemicals manufacturing major source categories and the technology review conducted for the carbon black production area sources, regulated under NESHAP; the Agency finalized new emissions standards and amendments for both source categories.
United States v. Honeywell International, Inc., No. 21-1218 (W.D.N.Y. Nov. 15, 2021). A settling CERCLA defendant that is a liable party in connection with the release of hazardous substances into a portion of the Buffalo River in Buffalo, New York, from the early 1900s through at least the mid-1900s must pay $4,250,000 to the Natural Resource Trustees to compensate for natural resources damages.
EPA finalized the residual risk and technology review for the refractory products manufacturing source category regulated under NESHAP; the Agency is making no revisions to the emission limits for this source category.
EPA proposed the results of the technology review conducted for paint stripping and miscellaneous surface coating operations at area sources in accordance with NESHAP; the Agency proposed no changes to the standards as a result of the review.
EPA announced a proposed settlement under CERCLA concerning the Horton Iron and Metal Superfund site located in Wilmington, North Carolina, that requires the settling party to address recovery costs for a cleanup that will be performed at the site.
SIP Proposal: Washington (fine particulate matter trigger levels for impaired air quality burn bans in the Yakima area).
The president issued Executive Order No. 14052, implementing the Infrastructure Investment and Jobs Act.
FWS announced the availability of a draft habitat conservation plan and draft categorical exclusion activities for the Central California distinct population segment of the California tiger salamander under the ESA.
EPA announced the availability of the residual risk and technology review and the finalization of proposed revisions for the flexible polyurethane foam fabrication operation major source NESHAP.
EPA denied a TSCA §21 petition to determine that the chemical mixtures within cosmetics present an unreasonable risk of injury to health and the environment and to issue a rule to eliminate the hazardous chemicals used in such mixtures.
SIP Proposal: North Carolina (revisions to Mecklenburg County air pollution control ordinance rules).
EPA entered into a proposed cost recovery settlement under CERCLA concerning recovery of the Agency's past response costs at the Horton Iron and Metal Superfund site in Wilmington, North Carolina.
SIP Approval: North Carolina (ambient air quality standards for Mecklenburg County).
SIP Proposal: North Carolina (revisions to rules and reasonably available control techniques related to volatile organic compounds in Mecklenburg County).
FWS proposed to remove the Okaloosa darter from the federal list of endangered and threatened wildlife due to recovery under the ESA.
SIP Approval: California (stationary source permits in the San Joaquin Valley air pollution control district).
SIP Approval: Wisconsin (redesignation to attainment for the Rhinelander 2010 primary, health-based one-hour sulfur dioxide nonattainment area).
SIP Proposal: Alaska (incorporation by reference of certain federal air regulations and diesel engine facilities permit program revisions).
FWS listed the Atlantic pigtoe as a threatened species and designated approximately 563 river miles of critical habitat in Virginia and North Carolina with a §4(d) rule under the ESA.
SIP Approval: Idaho (maintenance plan, motor vehicle emissions budgets, and redesignation to attainment for the West Silver Valley 2012 fine particulate matter nonattainment area).
NMFS announced the initiation of a five-year review for the common angelshark under the ESA.
The Pipeline and Hazardous Materials Safety Administration revised the federal pipeline safety regulations to improve the safety of onshore gas gathering pipelines.
FWS withdrew a proposed rule to replace the existing regulations governing the North Carolina nonessential experimental population designation of the red wolf under §10(j) of the ESA.
EPA proposed new source performance standards for greenhouse gases and volatile organic compounds, emissions guidelines, and other related actions with the intention of significantly reducing emissions of greenhouse gases and other harmful pollutants from the crude oil and natural gas source category under the CAA.
NOAA issued a final management plan, a final environmental assessment, and final regulations for Monterey Bay national marine sanctuary, including a modification to the sanctuary zone boundaries and an addition of one new definition.
EPA issued a technical amendment to modify the submission location for CERCLA continuous release reports from the Agency's regional offices to the appropriate headquarters office.
FWS announced a 12-month finding on a petition to list the bracted twistflower as a threatened species and designate critical habitat under the ESA; the agency found that listing was warranted and proposed to list the bracted twistflower as a threatened species and to designate approximately 1,606 acres of critical habitat with a §4(d) rule.
FWS withdrew the final rule from January 2021 that excluded approximately 3.4 million acres of critical habitat for the northern spotted owl, and revised the designation to exclude approximately 204,292 acres in Oregon under the ESA.
FWS announced 90-day rulings on petitions to add cactus conure and lineolated parakeet to the approved list for captive-bred exotic bird species under the Wild Bird Conservation Act; the agency found that listing was not warranted.
FWS announced its 12-month finding on a petition to list the Egyptian tortoise as an endangered or threatened species under the ESA; the agency found that listing was warranted and proposed to list the Egyptian tortoise as a threatened species with a §4(d) rule.
SIP Approval: Alaska (second 10-year particulate matter limited maintenance plan in the Eagle River area).
NMFS proposed regulations to clarify terms used in the Direct Enhancement of Snapper Conservation and the Economy through Novel Devices Act of 2020.
EPA approved Colorado's CAA §111(d) plan for performance standards and other operating requirements for existing municipal solid waste landfills.
FWS announced its 12-month finding on a petition to list the alligator snapping turtle as an endangered or threatened species under the ESA; the agency found listing was warranted and proposed to list the alligator snapping turtle as a threatened species with a §4(d) rule.
FWS announced the availability of a draft recovery plan for desert yellowhead, a plant listed as threatened under the ESA.
FWS initiated five-year status reviews under the ESA for eight northeastern species.
SIP Approval: Washington (adoption by reference of low emission vehicle program).
The Pipeline and Hazardous Materials Safety Administration proposed to amend hazardous materials regulations to suspend authorization of liquefied natural gas (LNG) transportation in rail tank cars pursuant to a final rule published in July 2020 and pending the earlier of either completion of a separate rulemaking evaluating potential modifications to requirements governing rail tank car transportation of LNG or June 30, 2024.
EPA revised regulations associated with persons who must report data to the Agency's mercury inventory established under TSCA, implementing an order issued by the Second Circuit Court of Appeals on June 5, 2020.
FWS announced five-year status reviews for three plant and three animal species under the ESA.
SIP Approval: Colorado (reasonably available control technology for sources covered by the 2016 oil and natural gas control techniques guidelines for 2008 ozone nonattainment areas).
SIP Approval: Maryland (base-year inventory for the Baltimore 2015 ozone marginal nonattainment area).
SIP Proposal: California (opacity testing for particulate matter emissions from heavy-duty diesel vehicles).
EPA seeks comment on the withdrawal of two frequently asked questions concerning property management companies and their compliance responsibilities for the lead renovation, repair, and painting rule under TSCA.
SIP Approval: California (reasonably available control technology requirements and negative declarations for the Kern County 2008 eight-hour ozone nonattainment area).
SIP Approval: Maine (update to "Ozone Transport Region" definition).
NMFS announced the adoption of a final recovery plan for the endangered main Hawaiian Islands insular false killer whale distinct population segment under the ESA.
SIP Proposal: New Jersey and New York (disapproval of interstate transport requirements for the 2008 ozone NAAQS).
EPA and NOAA seek comment on the agencies' proposed finding that Ohio has satisfied all conditions of the previous approval of the state's coastal nonpoint pollution control program under the CZMA.
SIP Proposal: Colorado (nonattainment new source review permit program requirements for the Denver Metro/North Range 2015 eight-hour ozone nonattainment area).
EPA announced an administrative settlement agreement under CERCLA concerning the LL Harwell Road Private Well Contamination Superfund site in Gastonia, North Carolina, that requires the settling party to address recovery of costs for a cleanup action performed by EPA at the site.
SIP Approval: Pennsylvania (reasonably available control technology requirements for individual major sources of volatile organic compounds and nitrogen oxides).
United States v. Navistar, Inc., No. 15-cv-6143 (N.D. Ill. Oct. 25, 2021). A settling CAA defendant that introduced into commerce 7,749 heavy-duty diesel engines for use in trucks and buses without a valid EPA-issued certificate of conformity must perform projects to mitigate 10,000 tons of nitrogen oxide emissions and pay a civil penalty of $52 million.
EPA approved revisions to Massachusetts’ CAA §111(d)/129 plan for large municipal waste combustors.
NOAA seeks comment on how the agency can utilize its existing authorities with guiding principles from CEQ’s report Conserving and Restoring America the Beautiful to conserve and restore at least 30 percent of U.S. oceans, coasts, and Great Lakes, as directed in E.O. 14008, Tackling the Climate Crisis at Home and Abroad.
EPA denied a TSCA §21 petition that requested the Agency determine the chemical mixtures contained within cigarettes present an unreasonable risk of injury to health and the environment.
FWS proposed revisions to the existing experimental population designation of the Mexican wolf in the Mexican wolf experimental population area in Arizona and New Mexico under §10(j) of the ESA.
OSM announced a proposed regulatory and statutory amendment to the Wyoming coal program under SMCRA.