89 FR 46682
FERC amended its regulations governing applications for permits to site electric transmission facilities under the Federal Power Act, as amended by the Infrastructure Investment and Jobs Act of 2021, and amended its NEPA procedures.
FERC amended its regulations governing applications for permits to site electric transmission facilities under the Federal Power Act, as amended by the Infrastructure Investment and Jobs Act of 2021, and amended its NEPA procedures.
United States v. Norfolk Southern Railway Co., No. 4:23-cv-00517 (N.D. Ohio May 23, 2024). In connection with the February 3, 2023, train derailment in East Palestine, Ohio, a proposed consent decree requires a settling CWA and CERCLA defendant to (1) reimburse all response costs incurred by the United States; (2) pay a civil penalty of $15 million; (3) establish a $25 million community health program for qualifying members of the public impacted by the derailment; (4) implement an array of specified rail safety procedures; (5) develop and adopt programs for coordination of rail track restoration and vent and burn procedures; (6) implement a $6 million local waterways remediation plan; (7) pay $175,000 for natural resource damages; and (8) implement compliance and future monitoring requirements.
FWS proposed to designate approximately 930 acres in Churchill County, Nevada, as critical habitat for the Dixie Valley toad under the ESA.
FWS removed approximately 64,797 acres of land within Arizona from the designation of critical habitat for the jaguar to comply with a court order.
EPA proposed a regulatory framework for states and public water systems to identify and assess restructuring alternatives to ensure that every community receives safe, affordable, and reliable drinking water.
FWS designated approximately 1,213,752 acres in northwestern California and southwestern Oregon as critical habitat for the coastal distinct population segment of Pacific marten under the ESA.
SIP Proposal: North Carolina (correction of erroneous incorporation of cross-references related to permitting rules).
The Department of Ecology proposed to adopt new regulations governing Climate Commitment Act funds reporting. The regulations would establish reporting requirements for recipients of funding from the Climate Commitment Act accounts to enable the Department to complete an annual report to the state legislature. A hearing will be held June 5, 2024. Comments are due June 28, 2024.
The State Water Control Board proposed amendments to regulations governing the water protection permit program and groundwater withdrawal. The amendments would introduce mandates for water auditing plans and leak detection and repair plans. A hearing will be held July 10, 2024. Comments are due July 19, 2024. See https://register.dls.virginia.gov/vol40/iss20/v40i20.pdf (pp. 1686-99).
The Department of Natural Resources proposed amendments to regulations governing water conservation requirements and incentives. The amendments would clarify defined terms, add flexibility in minimum project sizes, expand evidence proving an applicant is a water end user under contract with a water provider, increase the maximum incentive to $2 per square foot, add notice and cure provisions for participants whose projects initially fail to conform with approved plans, and provide other clarifying language. Comments are due June 14, 2024.