United States v. PSF, Inc., No. 3:24-cv-00112 (D. Alaska May 24, 2024). Under a proposed consent decree, settling CWA defendants that allegedly violated the conditions and limitations of their NPDES permits at their facilities in Valdez and King Cove, Alaska, must perform injunctive relief and pay $750,000 in civil penalties.
United States v. TPC Group LLC, No. 24-00187 (E.D. Tex. May 21, 2024). Under a proposed consent decree, a settling CAA defendant must pay $12.1 million in civil penalties and spend approximately $80 million to improve its risk management program and improve safety at its petrochemical manufacturing facilities in Port Neches and Houston, Texas, in connection with a November 2019 explosion at the Neches facility and failure to take corrective action at the Houston facility.
SIP Proposal: Arizona (partial approval and partial disapproval of revisions related to regional haze).
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.
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.
SIP Proposal: North Carolina (correction of erroneous incorporation of cross-references related to permitting rules).
EPA granted the New Hampshire Department of Environmental Services the authority to implement and enforce the state’s amended Asbestos Disposal Site Rule in place of the national emission standard for asbestos provisions for inactive waste disposal sites.
EPA revised the Consumer Confidence Report Rule in accordance with America’s Water Infrastructure Act of 2018 to require states, territories, and tribes with primary enforcement responsibility to report compliance monitoring data for all national primary drinking water regulations to the Agency.
SIP Proposal: New York (revisions to meet requirements for the 2008 and 2015 ozone NAAQS for the Sylvamo Ticonderoga Mill).
EPA announced that the limited maintenance plan for fine particulate matter (PM2.5) for the New Jersey portion of the New York-Northern New Jersey-Long Island, NNJ-NY-CT, and Philadelphia-Wilmington, PA-NJ-DE, PM2.5 maintenance areas is adequate for transportation conformity purposes.