United States v. BP America, Inc., No. 1:24-cv-0139 (E.D. Mo. July 22, 2024). Under a proposed consent decree, settling CERCLA defendants must pay $1.05 million for alleged natural resource damages resulting from releases of hazardous substances from the Sweetwater Mine and Mill Complex in Reynolds County, Missouri.

EPA gave notice of a proposed consent decree in State of New York v. Regan, No. 1:23-cv-2767 (D.D.C.), that would establish deadlines for the EPA Administrator to either sign proposed and final rulemakings regarding new source performance standards for new residential wood heaters and new residential hydronic heaters and forced-air furnaces, or sign a final determination not to review under the CAA.

NMFS, based on a comprehensive status review of seven species of giant clams, proposed to list H. porcellanus, T. mbalavuana, T. squamosina, T. derasa, and T. gigas as endangered species and H. hippopus as a threatened species under the ESA. 

EPA granted a request from the states of New York, New Jersey, and Connecticut to reclassify the New York-Northern New Jersey-Long Island, NY-NJ-CT ozone nonattainment area from “moderate” to “serious” for the 2015 eight-hour ozone NAAQS. 

SIP Proposal: North Carolina (updates to various emission control standards for Mecklenburg County). 

FWS determined endangered species status for the Sira curassow and southern helmeted curassow under the ESA. 

EPA proposed to designate acetaldehyde, acrylonitrile, benzenamine, vinyl chloride, and 4,4-methylene bis as high-priority substances for risk evaluation under TSCA. 

NMFS announced its 90-day finding on a petition to list the Alabama shad as threatened or endangered under the ESA and to designate critical habitat for the species, finding that the petitioned action may be warranted and initiating a status review. 

EPA granted a request by the state of Colorado to reclassify the Denver Metro/North Front Range ozone nonattainment area from “moderate” to “serious” for the 2015 eight-hour ozone NAAQS. 

EPA proposed to amend NESHAPs for hazardous waste combustors to remove exemptions and revise provisions associated with emission standard exemptions for periods of malfunction, add electronic reporting provisions, amend emergency safety vent provisions, and correct other minor provisions. 

DOE adopted categorical exclusions established by the Forest Service under NEPA.

SIP Approval: Oregon (updates to stationary source permitting rules).

SIP Approval: Virginia (amendment to include newly designated sulfur dioxide nonattainment area).

SIP Approval: Colorado (revisions related to the Denver Metro/North Front Range area’s classification as marginal nonattainment for the 2015 eight-hour ozone NAAQS; update to date of incorporation by reference of global warming potentials used in the computation of the carbon dioxide equivalent).

EPA proposed to approve Oklahoma's CAA §111(d)/129 state plan revision for sources subject to the commercial and industrial solid waste incineration units emission guidelines.

SIP Proposal: Connecticut (regional haze plan for second implementation period).

SIP Proposal: New Jersey (removal of clean air interstate rule nitrogen oxides trading program regulations; conditional approval of removal of nitrogen oxide budget program regulations).

SIP Approval: Ohio (removal of particulate matter provisions for facilities or emissions units that have permanently shut down).

SIP Proposal: Wisconsin (changes to clarify existing requirements and ensure clear and consistent implementation of control requirements for nitrogen oxide emissions). 

United States v. Northeast Ohio Regional Sewer District, No. 1:10-CV-02895-DCN (N.D. Ohio July 10, 2024). A proposed fifth amendment to a consent decree modifies two requirements for a settling CWA defendant in constructing and implementing improvements to reduce the volume and number of combined sewage overflows and untreated treatment plant discharges. 

SIP Proposal: Ohio (removal of sulfur dioxide emissions limitations for fuel burning equipment at the Greif Packaging, LLC facility). 

SIP Approval: Florida (removal of obsolete, duplicative, or unnecessary rules).  

SIP Approval: Georgia (clarification of requirements for gasoline transport vehicles and minor administrative changes).  

FWS announced its 90-day finding and 12-month determination on a petition to revise the existing critical habitat designation for the Sonora chub under the ESA, finding that the petitioned action may be warranted. 

EPA finalized amendments to NESHAPs for lime manufacturing plants. 

United States v. Marathon Oil Co., No. 1:24-cv-00136-DMT-CRH (D.N.D. July 11, 2024). Under a proposed consent decree, a settling CAA defendant that allegedly violated preconstruction permit requirements and design, operation, and maintenance requirements at oil and gas production facilities on the Fort Berthold Indian Reservation in North Dakota must perform injunctive relief to address the alleged violations, perform additional projects to mitigate excess emissions, and pay a $64.5 million civil penalty. 

SIP Proposal: California (recodification of prohibitory and administrative rules used to regulate air pollutants in Mojave Desert Air Quality Management District). 

EPA proposed to update a portion of the outer continental shelf (OCS) air regulations for which the state of New Jersey is the corresponding onshore area in order to regulate emissions from OCS sources in accordance with the requirements onshore.

SIP Proposal: Tennessee (monitoring, recordkeeping, and reporting requirements for certain large industrial non-electricity generating units; source-specific alternative monitoring, recordkeeping, and reporting requirements under the nitrogen oxide SIP Call for Domtar Paper Company, LLC). 

EPA authorized changes to North Carolina’s hazardous waste management program under RCRA.

SIP Approval: Connecticut (updates to motor vehicle emission regulations to adopt California’s Advanced Clean Car I program).

SIP Proposal: California (emissions statement requirements for the 2015 ozone NAAQS). 

United States v. Enterprise Gas Processing, LLC, No. 1:24-cv-1878 (D. Colo. July 8, 2024). Under a proposed consent decree, settling CAA defendants must perform injunctive relief and pay a $1,000,000 civil penalty for alleged failures to monitor and repair leaking equipment at a natural gas processing plant in Colorado.

FWS listed the Pearl River map turtle as a threatened species with §4(d) protective regulations under the ESA; due to similarity of appearance, the Service also listed the Alabama map turtle, Barbour’s map turtle, Escambia map turtle, and Pascagoula map turtle as threatened species with §4(d) protective regulations under the Act. 

SIP Proposal: New Hampshire (ambient air quality standards revisions). 

SIP Proposal: Minnesota (regional haze plan for second implementation period). 

NMFS announced the adoption of an ESA recovery plan for the threatened oceanic whitetip shark and the initiation of a five-year review for the species. 

FEMA issued a final rule to implement the Federal Flood Risk Management Standard and update the agency's eight-step decisionmaking process for floodplain reviews. 

SIP Proposal: Pennsylvania (nitrogen oxides emission limits and requirements for coal-fired electric generating units equipped with selective catalytic reduction at Keystone, Conemaugh, Homer City, and Montour facilities).

EPA made an interim final determination to stay application of the offset sanction and defer application of the highway sanction associated with its August 16, 2022, disapproval of certain reasonably available control technology requirements for the 1997 and 2008 ozone NAAQS for Pennsylvania.

SIP Proposal: New Jersey (revisions to address requirements for emission statement program, ozone nonattainment new source review program, nonattainment emission inventory, and clean fuels for fleets; reasonable further progress plans and associated motor vehicle emission budgets for both moderate and serious classifications of the 2008 ozone NAAQS).

SIP Proposal: North Dakota (partial approval and partial disapproval of regional haze plan for second implementation period).

EPA proposed to promulgate a federal implementation plan under the CAA consisting of nonattainment new source review rules for areas within the jurisdiction of the Mojave Desert Air Quality Management District in which air pollutant concentrations are above specific NAAQS. 

SIP Approval: Wisconsin (second 10-year 2006 24-hour fine particulate matter limited maintenance plan). 

FWS proposed to designate approximately 1.5 acres of spring pool and 11.4 miles of spring run in Tennessee as critical habitat for the Barrens topminnow under the ESA. 

United States v. Enbridge Energy, LP, No. 1:16-cv-914 (W.D. Mich. June 29, 2024). A proposed eighth modification to a consent decree concerning two separate oil spills in Michigan and Illinois in 2010 would require settling CWA and OPA defendants to investigate circumferential crack features in four pipelines; revise the methods used for assessing whether a circumferential crack must be excavated and repaired; adjust certain requirements relating to repair and mitigation of circumferential crack features; eliminate two requirements relating to circumferential cracks; and enable defendants to seek early termination of certain requirements relating to circumferential crack features.

SIP Approval: California (revisions to motor vehicle inspection and maintenance program). 

EPA proposed to grant a one-year extension of the applicable “serious” attainment date for the 1997 annual fine particulate matter San Joaquin Valley, California nonattainment area. 

SIP Approval: Connecticut (revisions to source monitoring, record keeping, and reporting requirements). 

United States v. Gristede's Foods NY, Inc., No. 24 Civ. 4981 (S.D.N.Y. July 1, 2024). Under a proposed consent decree, a settling CAA defendant that violated EPA’s Recycling and Emissions Reduction Rule must implement a new refrigerant compliance management plan; reduce its companywide refrigerant leak rates; repair or replace specified appliances; convert certain stores to using more advanced refrigerants; and pay a $400,000 civil penalty. 

SIP Approval: Massachusetts (regional haze). 

The Defense Threat Reduction Agency (DTRA) adopted DOE's electric vehicle charging stations categorical exclusion under NEPA to use in DTRA programs and funding opportunities administered by the agency. 

SIP Proposal: California (revisions to requirements for the 1997 fine particulate matter NAAQS in the San Joaquin Valley serious nonattainment area). 

EPA finalized the residual risk and technology review conducted for the Coke Ovens: Pushing, Quenching, and Battery Stacks source category NESHAP and the periodic technology review for the Coke Oven Batteries source category NESHAP.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) adopted a categorical exclusion established by DOE that covers a category of actions PHMSA proposes to take.

SIP Proposal: New Mexico (revisions related to 2015 eight-hour ozone NAAQS for the Sunland Park nonattainment area).

The National Park Service amended its regulations for sport hunting and trapping in national preserves in Alaska to prohibit bear baiting and clarify trapping regulations.

SIP Proposal: Missouri (partial approval and partial disapproval of revisions concerning regional haze).

FWS determined threatened species status for the Mount Rainier white-tailed ptarmigan under the ESA, and finalized a §4(d) rule that provides necessary and advisable measures for conservation of the species.

SIP Proposal: California (motor vehicle inspection and maintenance program requirements for the 2015 eight-hour ozone NAAQS).

EPA entered into a proposed settlement agreement under CERCLA concerning the Olin Chemical Superfund Site in Wilmington, Massachusetts.

FWS proposed to remove the white sedge from the Federal List of Endangered and Threatened Plants under the ESA.

EPA entered into a proposed settlement agreement under CERCLA concerning the Olin Chemical Superfund Site in Wilmington, Massachusetts.

The Department of Homeland Security (DHS) adopted 18 categorical exclusions established by DOE pursuant to NEPA to use for proposed DHS actions.

SIP Proposal: California (revisions concerning nitrogen oxide (NOx) emissions from boilers, gas turbines, and miscellaneous combustion units, and reasonably available control technology requirements for major source of NOx in the Sacramento Metro ozone nonattainment area).

NRC proposed to amend its regulations on categorical exclusions for licensing, regulatory, and administrative actions that individually or cumulatively do not have a significant effect on the human environment by eliminating the preparation of EAs for such NRC actions.

EPA announced the availability of and seeks comment on a framework for expanding interagency collaboration to improve the communication and knowledge base within the federal family to fully consider potential adverse impact of pesticides on efficacy of human and animal drugs.

SIP Approval: Utah (revisions to air quality rules).

SIP Approval: Iowa (recent changes to Linn County ordinances).

The Forest Service adopted multiple categorical exclusions from the Department of Commerce, DOE, BLM, National Telecommunications and Information Administration, and Bureau of Indian Affairs for future application to Service decisions concerning land management activities that are similar in nature.

SIP Proposal: New Jersey (interstate transport requirements for the 2010 one-hour sulfur dioxide primary NAAQS).

United States v. Westchester Joint Water Works, No. 24 Civ. 4783 (S.D.N.Y. June 24, 2024). Under a proposed consent decree, settling SDWA defendants that violated maximum contaminant level set by EPA for certain disinfectant byproducts in drinking water, as well as a related administrative order requiring construction of a water filtration plant by specified deadlines, must (1) build and commence operation of a drinking water filtration plant by July 1, 2029; (2) implement measures to ensure the safety of its water supply until the filtration plant is operational; (3) pay a total of $1,250,000 in civil penalties; and (4) spend at least $900,000 on a supplemental environmental project to improve source water quality and at least $6,800,000 on two state water quality benefit projects. 

EPA announced the availability of revised guidelines for eligible recipients (states, territories, and the District of Columbia) awarded federal grants under §319 of the CWA for the implementation of nonpoint source management programs.

SIP Proposal: Pennsylvania (revisions establishing reasonably available control technology requirements for the 2008 and 2015 ozone NAAQS for each category of volatile organic compound sources covered by EPA’s 2016 control techniques guidelines for the oil and gas industry). 

EPA approved the Tennessee Department of Environment and Conservation’s request to update the method of delegations and continue the delegations of authority to implement and enforce NESHAPs and NESHAPs for source categories. 

FWS determined threatened species status under the ESA for the Suwannee alligator snapping turtle and finalized a rule issued under §4(d) of the Act that provides for the conservation of the species. 

Regents of the University of Minnesota v. United States, No. 17-cv-3690 (D. Minn. June 21, 2024). Under a proposed consent decree, a settling CERCLA defendant would pay $13,000,000 for environmental response actions and payment of response costs at a property owned by the University of Minnesota and formerly part of the Gopher Ordnance Works Site. 

EPA proposed to amend a provision of the technology transitions regulations promulgated under the American Innovation and Manufacturing Act to allows one additional year, until January 1, 2027, solely for the installation of new residential and light commercial air conditioning and heat pump variable refrigerant flow systems that are 65,000 British thermal units per hour or greater using components manufactured in the United States or imported prior to January 1, 2026. 

EPA entered into a proposed administrative settlement agreement under CERCLA that provides for the performance of response actions and the payment for certain response costs incurred by the United States and the state of Colorado in connection with the Broderick Wood Products Superfund site. 

DOE seeks information to carry out its responsibilities under Exec. Order No. 14091, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, to update to its Equity Action Plan.

EPA proposed amendments to several new source performance standards and NESHAPs under the CAA; the amendments would remove the affirmative defense provisions associated with violation of emission standards due to malfunctions.

The Pipeline and Hazardous Materials Safety Administration amended the Hazardous Materials Regulations to require railroads that carry hazardous materials to generate in electronic form, maintain, and provide to first responders, emergency response officials, and law enforcement personnel, certain information regarding hazardous materials in rail transportation to enhance emergency response and investigative efforts. 

SIP Proposal: Idaho (miscellaneous changes).

SIP Proposal: Indiana (revision to monitoring and compliance requirements for certain process heater stacks at Safety-Kleen Oil Recovery Company in Lake County). 

The National Highway Traffic Safety Administration finalized corporate average fuel economy standards for passenger cars, light trucks, heavy-duty pickup trucks, and vans. 

EPA established an exemption from the requirement of a tolerance for residues for eight different chemicals when used as an inert ingredient in a pesticide chemical formulation.

DOE seeks feedback on draft environmental justice goals in its Environmental Justice Strategic Plan. 

EPA granted a request from the governor of Texas to voluntarily reclassify the San Antonio, Dallas-Fort Worth, and Houston-Galveston-Brazoria ozone nonattainment areas from moderate to serious for the 2015 ozone NAAQS. 

FWS announced findings that the Kiamichi crayfish, Rio Grande chub, and Rio Grande sucker are not warranted for listing as endangered or threatened species under the ESA. 

EPA identified certain additional water quality-limited segments for the Arkansas 2020 §303(d) list, and seeks comment on those additions. 

United States v. Pope Resources, No. 3:24-cv-05470 (W.D. Wash. June 13, 2024). Under a proposed consent decree concerning the release of hazardous substances from the former Pope & Talbot sawmill facility in Kitsap County, Washington, settling CERCLA and CWA defendants must construct, implement, maintain, and monitor a habitat restoration project; fund future long-term maintenance, monitoring, and stewardship of the project; and pay past and estimated future costs for natural resource damages assessment and restoration implementation and oversight. 

NMFS announced the initiation of a five-year review for the Maui’s dolphin and South Island Hector’s dolphin.

United States v. Santolubes, LLC, No.24-cv-807 (E.D. Mo. June 10, 2024). Under a proposed consent decree, settling CERCLA defendants must pay $300,000 for response costs incurred at the Findett/Hayford Bridge Road Groundwater Superfund site in St. Charles County, Missouri.

EPA proposed to address the unreasonable risk of injury to human health presented by n-methylpyrrolidone (NMP) under its conditions of use as documented in the Agency's risk evaluation and risk determination for NMP pursuant to TSCA.

SIP Proposal: Nevada (revisions concerning particulate matter emissions from woodburning devices in Washoe County).

SIP Proposal: Arizona (partial approval and partial disapproval of revisions concerning implementation, maintenance, and enforcement of the 2012 fine particulate matter NAAQS).

EPA established requirements for commercial refrigerating appliances and commercial ice machines, safe use of flammable refrigerants, and safe design, construction, installation, and operation of refrigeration systems; and listed several substitutes as acceptable for retail food refrigeration, commercial ice machines, industrial process refrigeration, cold storage warehouses, and ice skating rinks, pursuant to the Agency's significant new alternatives policy program.

SIP Approval: North Carolina (updates to 2026 on-road and nonroad emissions inventories, safety margins, and motor vehicle emissions budgets). 

EPA announced the availability of acute freshwater aquatic life screening values for 6PPD and its transformation product 6PPD-quinone. 

SIP Approval: West Virginia (second 10-year limited maintenance plans for the 2006 24-hour fine particulate matter NAAQS for the Charleston area and the West Virginia portion of the Steubenville-Weirton, Ohio-West Virginia area).