EPA solicited information to assist in the potential development of non-regulatory and regulatory options to ensure the proper management of used industrial containers that held hazardous chemicals or hazardous waste, up to and including the drum reconditioning process.

EPA entered into a proposed cashout settlement agreement under CERCLA concerning the Colorado Smelter Superfund site in Pueblo, Colorado.

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.

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 Region 8 entered into a proposed administrative settlement agreement concerning the Central City/Clear Creek Superfund site in Clear Creek County, Colorado.

United States v. Taylor Farms New England, Inc., No. 1:23-cv-00311 (D.R.I. July 26, 2023). A settling CAA and EPCRA defendant that violated statutory and regulatory provisions governing the prevention and notice of accidental releases of extremely hazardous substances at its food processing facility in North Kingstown, Rhode Island, must perform injunctive relief and pay a $650,000 civil penalty.

United States v. HP Inc., No. 3:23-cv-1383 (D.P.R. July 26, 2023). Settling CERCLA defendants that released hazardous substances at Operable Unit 1 of the San German Groundwater site in San German, Puerto Rico, must design and implement the remedy selected by EPA for the unit and pay the United States’ future costs for overseeing the response work.

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.

United States v. Brock Maslonka, No. 2:20-cv-304-SAB, (E.D. Wash. July 14, 2023). A settling CWA defendant must restore impacted areas, perform mitigation, and pay a civil penalty for discharging pollutants without a permit into waters of the United States.