88 FR 55276
EPA proposed comprehensive revision to the regulations governing CWA §404 tribal and state programs.
EPA proposed comprehensive revision to the regulations governing CWA §404 tribal and state programs.
United States v. FrieslandCampina Ingredients North America, Inc. No. 3:23-cv-00937-TJM-ML (N.D.N.Y. Aug. 2, 2023). A settling CAA and CWA defendant that allegedly failed to obtain a modification to its title V CAA permit before its hydrolyzed protein powder facility in Delhi, New York, became a major source of volatile organic compound (VOC) emissions; perform a reasonably available control technology (RACT) demonstration and implement RACT before commencing operation of a major source of VOC emissions; obtain a permit before constructing a new, modified, or existing air contamination source at the facility; and report and maintain annual reports of its VOC emissions must reduce harmful toluene emissions through the installation and operation of pollution controls, comply with its permits, and pay a $2,880,000 civil penalty.
EPA established tolerances for residues of the herbicide imazapic in or on rice, bran and rice, grain.
EPA approved revisions to Ohio’s Public Water System Supervision Program under the SDWA.
United States v. Belle Fourche Pipeline Co., No. 22-00089-DLH-CRH and United States v. Bridger Pipeline LLC, No. 22-00043-BLG-SPW (D.N.D. July 31, 2023). Under a proposed partial consent decree, settling CWA defendants must perform injunctive relief and pay a $12,500,000 civil penalty for violations arising from pipeline failures that resulted in discharges of oil into an unnamed tributary to Ash Coulee Creek and the Yellowstone River.
United States v. Jackson, Mississippi, City of, No. 3:12-cv-790-HTW-LGI (S.D. Miss. July 26, 2023). A proposed stipulated order under the CWA places the operation of the sewer system of the City of Jackson, Mississippi, under the control of an interim third-party manager and requires the manager to perform substantial work, including addressing more than 200 emergency sewer failure locations, addressing prohibited bypasses of treatment prior to discharging wastewater into the Pearl River, and implementing management, operations, and maintenance programs.
EPA proposed to lower the dust-lead hazard standards from ten micrograms per square foot (µg/ft2) and 100 µg/ft2 for floors and window sills to any reportable level as analyzed by a laboratory recognized by the Agency's National Lead Laboratory Accreditation Program in accordance with a 2021 Ninth Circuit opinion.
United States v. Robert Yundt Homes, LLC, No. 3:23-cv-00073-JMK (D. Alaska July 24, 2023). Settling CWA defendants that discharged pollutants into waters of the United States without a permit must restore impacted areas, perform mitigation pursuant to EPA-approved restoration plans, and pay a civil penalty.
EPA proposed to address the unreasonable risk of injury to human health presented by carbon tetrachloride under its conditions of use as documented in EPA’s 2020 Risk Evaluation for Carbon Tetrachloride and 2022 Revised Unreasonable Risk Determination for Carbon Tetrachloride pursuant to the TSCA.
EPA seeks input on the Safer Choice and Design for the Environment programs’ potential expansion of their certification to new product categories.