United States v. Messer LLC, No. 5:23-cv-0023-JPB (N.D.W. Va. June 22, 2023). A settling CWA defendant that violated NPDES permit numeric effluent limits with respect to wastewater discharges from its industrial gas manufacturing plant in New Cumberland, West Virginia, must perform injunctive relief, including operation of a newly installed copper treatment system by certain deadlines, implementation of a tiered effluent limit response plan, and revision and routine performance of stormwater best management practice measures; and pay a $1.9 million civil penalty.

FERC adopted a reporting requirement to direct transmission providers to file one-time informational reports describing their current or planned policies and processes for conducting extreme weather vulnerability assessments.

FERC directed the North American Electric Reliability Corporation to develop a new or modified reliability standard to address reliability concerns pertaining to transmission system planning for extreme heat and cold weather events that impact the reliable operation of the bulk-power system.

EPA Region 4 proposed to reissue the NPDES general permit for the outer continental shelf of the Gulf of Mexico for discharges in the offshore subcategory of the oil and gas extraction point source category.

EPA finalized clarifications to its NPDES Stormwater Phase II regulations due to recent changes made by the Census Bureau, clarifying that the designation criteria for small municipal separate storm sewer systems will remain the same.

United States v. Eastman Chemical Resins, Inc., No. 2:23-cv-00867-MJH (W.D. Pa. May 24, 2023). Settling CWA, CAA, and RCRA defendants must perform injunctive relief, including conducting a third-party environmental audit, implementing effluent limit violations response requirements, performing facility specific work and repairs, completing comprehensive stormwater and groundwater control plans, and implementing a RCRA-based training program and daily inspection requirements; as well as pay a $2.4 million civil penalty in connection with alleged violations at a hydrocarbon resins manufacturing facility in Jefferson Hills, Pennsylvania.

DOE issued an interim final rule establishing regulations necessary to implement the Energy Implementation Reinvestment Program and other categories of projects authorized by the Inflation Reduction Act (IRA) for Energy Policy Act Title XVII loan guarantees; revising provisions directly related to DOE’s implementation of the Title XVII Loan Guarantee Program as expanded by the IRA; amending provisions to conform with the broader changes to the program; and revising certain sections for clarity and organization.

EPA Region 9 proposed to reissue a general NPDES permit for water discharges from facilities classified as low threat located in the Navajo Nation.

HUD and USDA announced and seek comment on a preliminary determination regarding energy efficiency standards for new construction of HUD- and USDA-financed housing as a first step to require compliance with these standards in HUD and USDA housing covered by the Energy Independence and Security Act.

The Rural Utilities Service solicited letters of interest for loan applications to finance power generation projects for renewable energy resource (RER) systems or energy storage systems that support RER Projects, announced the application process for those loans, and provided deadlines for applications from eligible entities under the Powering Affordable Clean Energy Program.