EPA finalized facility response plan requirements for worst case discharges of CWA hazardous substances for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment by discharging a CWA hazardous substance into or on the navigable waters, adjoining shorelines, or exclusive economic zone. 

EPA announced the availability of its final general NPDES permit for water discharges from facilities classified as low threat located in the Navajo Nation.

United States v. General Recycling of Washington, LLC, No. 2:24-cv-00329 (W.D. Wash. Mar. 12, 2024). Under a proposed consent decree, settling CERCLA, CWA, and OPA defendants must construct, monitor, and maintain a habitat restoration project and pay a total of $360,558.12 for assessment costs in connection with natural resource damages caused by releases of hazardous substances and discharges of oil from facilities located near the Lower Duwamish River. 

United States v. Crowley Marine Services, Inc., No. 2:24-cv-00307 (W.D. Wash. Mar. 7, 2024). Under a proposed consent decree, settling CERCLA, CWA, and OPA defendants must purchase credits in a habitat restoration project constructed along the Lower Duwamish River, pay a total of $210,000 for natural resource damages, and pay $64,325.63 to reimburse assessment costs in connection with natural resource damages caused by releases of hazardous substances and discharges of oil from facilities located along and near the river. 

EPA Region 4 reissued the NPDES general permit for existing and new sources and new dischargers in the offshore subcategory of the oil and gas extraction point source category located and discharging to the outer continental shelf of the eastern Gulf of Mexico.

EPA seeks comment on draft guidance to clarify and inform future NPDES permitting actions for communities with combined sewer systems. 

United States v. Lowell, Massachusetts, City of, No. 1:24-cv-10290 (D. Mass. Feb. 5, 2024). Under a proposed consent decree, a settling CWA defendant that allegedly engaged in unpermitted and illegal discharges from its wastewater collection system and small municipal separate storm sewer system must take measures necessary to achieve and maintain compliance and pay a $200,000 civil penalty for past noncompliance. 

United States v. Guam Waterworks Authority, No. 04-00004 (D. Guam Jan. 30, 2024). Under a proposed partial consent decree, a settling CWA defendant that discharged excess pollutants from and failed to maintain its wastewater system must implement an estimated $400 million in wastewater collection system improvements and conduct a feasibility study for improvements to the Hagåtña wastewater treatment plant. 

United States v. Holly Energy Partners-Operating, L.P., No. 5:24-cv-00107 (W.D. Okla. Jan. 29, 2024). Under a proposed consent decree, settling CWA defendants that allegedly discharged about 300,000 gallons of crude oil into Skull Creek near Cushing, Oklahoma, must pay $7.4 million in civil penalties and perform corrective measures to remedy the violations. 

United States v. PotlatchDeltic Land & Lumber, LLC, No. 2:24-cv-00043 (D. Idaho Jan. 24, 2024). Under a proposed consent decree, a settling CWA defendant that violated its NPDES permits related to stormwater discharges from its sawmill and lumberyard facility in St. Maries, Idaho, must pay a $225,000 civil penalty and implement injunctive relief and significant mitigation actions.