88 FR 65148
The Pipeline and Hazardous Materials Safety Administration extended the comment period by 60 days for the “Hazardous Materials: Modernizing Regulations to Improve Safety and Efficiency (HM-265A)" advanced notice of proposed rulemaking.
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88 FR 64429
EPA announced the availability of its proposed interim registration review decision for the pesticide tetrachlorvinphos.
88 FR 62599
United States v. Transocean Offshore Deepwater Drilling Inc., No. 4:23-cv-03317 (S.D. Tex. Sept. 6, 2023). Under a proposed consent decree, a settling CWA defendant that discharged pollutants without obtaining coverage under an NPDES general permit and exceeded effluent limitations prescribed by the general permit must develop and implement a compliance system to ensure future compliance with the CWA and the general permit, and pay a $507,000 civil penalty.
88 FR 62395
United States v. Apex Building Co., Inc., No. 23-cv-7838 (S.D.N.Y. Sept. 5, 2023). Under a proposed consent decree, a settling TSCA defendant that conducted unlawful renovations work must perform injunctive relief and pay a $606,706 civil penalty.
88 FR 61964
EPA and the Department of the Army amended the provisions of the agencies’ definition of “waters of the United States” that are invalid under the Supreme Court’s interpretation of the CWA in Sackett v. EPA.
88 FR 62080
EPA entered into a proposed consent decree under the CWA in Center for Biological Diversity, v. Regan, No. 3:23-cv-535 (N.D. Cal.) in connection with the Agency’s alleged failure to satisfy its mandatory duty under the Vessel Incidental Discharge Act of 2018 to promulgate federal standards of performance for discharges incidental to the normal operation of large commercial vessels that would obligate the Agency to sign a decision taking final action by September 23, 2024.
88 FR 62079
EPA entered into a proposed interim consent decree under the CWA in Northwest Environmental Advocates v. EPA, No. 19-01537 (W.D. Wash.) in connection with the Agency’s alleged inaction concerning the state of Washington’s water quality assessment and listing program and TMDL program that would require Washington to submit three TMDLs to EPA by December 2025 and would prohibit the plaintiff from filing any new TMDL constructive submission lawsuits in Washington for a period of 34 months.
Analyzing the Consequences of Sackett v. EPA
The U.S. Supreme Court’s May ruling in Sackett v. Environmental Protection Agency sharply limited the scope of the federal Clean Water Act’s (CWA’s) protection for the nation’s waters. The Court redefined the Act’s coverage of “waters of the United States” (WOTUS), effectively removing protection from many wetlands that have been covered under the Act for almost a half century. On June 8, 2023, the Environmental Law Institute hosted a panel of experts that analyzed the consequences of Sackett and discussed what actions can be taken to protect non-WOTUS waters.
88 FR 60206
EPA granted emergency exemptions under FIFRA for the use of certain pesticides to control pest outbreaks to Arizona, Hawaii, Michigan, Minnesota, and North Dakota, and denied emergency exemptions to Colorado and Nebraska.
88 FR 59662
EPA finalized several amendments to the PCB regulations, including an expanded set of extraction and determinative methods that can be used to characterize and verify the cleanup of PCBs waste; amendment of the performance-based disposal option for PCB remediation waste; removal of the provision allowing PCB bulk product waste to be disposed of as roadbed material; and the addition of more flexible provisions for cleanup and disposal of waste generated by spills that occur during emergency situations.