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. 

The Pipeline and Hazardous Materials Safety Administration proposed overdue updates to the registration fees under the statutorily mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials. 

EPA provided notice of upcoming public meetings that will be jointly held by the White House Environmental Justice Advisory Council and the White House Environmental Justice Interagency Council, consistent with Executive Order No. 14096, Revitalizing Our Nation’s Commitment to Environmental Justice for All. 

EPA published a statement of findings on new chemical substances or significant new uses that are not likely to present an unreasonable risk of injury to health or the environment for March 2024 under TSCA.

EPA announced the availability of its draft human health and/or ecological risk assessments for the registration review of 3-iodo-2-propynyl butylcarbamate and pyrimethanil. 

EPA updated the list of chemicals subject to toxic chemical release reporting under EPCRA and the Pollution Prevention Act to identify seven per- and polyfluoroalkyl substances that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020. 

EPA finalized a rule to address the unreasonable risk of injury to health presented by methylene chloride under its conditions of use under TSCA. 

EPA designated two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers—as hazardous substances under CERCLA. 

EPA established requirements for legacy coal combustion residuals (CCR) surface impoundments, as well as CCR management units at active CCR facilities and at inactive CCR facilities with a legacy CCR surface impoundment.