EPA proposed to deny the Alabama Department of Environmental Management’s application for approval of the Alabama coal combustion residuals permit program.

EPA announced a proposed administrative settlement agreement under CERCLA and RCRA concerning the Delphi 1 Anderson Site in Anderson, Indiana.

United States v. J.R. Simplot Co., No. 1:23-cv-322 (D. Wyo. July 11, 2023). A settling RCRA, CAA, CERCLA, and EPCRA defendant must pay a $1.5 million civil penalty; implement compliance projects at its phosphoric acid and fertilizer manufacturing plant located near Pocatello, Idaho, known as the Don Plant; comply with specified requirements for management of wastes or other materials at the facility and in the facility’s phosphogypsum stack system; comply with specified requirements for the eventual closure and long-term care of the facility and provide financial assurance to cover the estimated cost of such obligations; continue groundwater and surface monitoring and reporting as required by a prior CERCLA consent decree; comply with specified operational practices for air emissions controls and replace the existing cooling towers with cooling pond(s) to reduce fluoride emissions into the air from the Don Plant; and revise the annual Toxic Chemical Release Inventory Reporting Forms it submitted under EPCRA for years 2004-2012 to include estimates of compounds that previously were not included.

EPA announced a proposed administrative settlement agreement under a proposed prospective purchaser agreement pursuant to CERCLA and RCRA concerning the Buick City site in Flint, Michigan.

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.

EPA proposed to authorize changes to South Carolina’s hazardous waste management program under RCRA.

EPA authorized South Carolina’s changes to its hazardous waste management program under RCRA.

In re Maxus Energy Corp., No. 16-11501(CTG) (Bankr. D. Del. Apr. 7, 2023). Under a proposed settlement agreement, settling CERCLA and RCRA defendants must pay $185 million to resolve claims concerning response actions and natural resource damages at Superfund sites in Milwaukee, Wisconsin; Kearny, New Jersey; Painesville, Ohio; and Tuscaloosa, Alabama.

EPA authorized Vermont’s changes to its hazardous waste management program under RCRA.

EPA proposed to authorize changes to Vermont’s hazardous waste management program under RCRA.