EPA entered into a proposed settlement agreement under the CWA and the APA in Chesapeake Bay Foundation, Inc. v. U.S. EPA , No. 1:20-cv-2529 (D.D.C.), which would require the Agency to take steps regarding its oversight and funding of Pennsylvania’s efforts under its CWA programs to reduce nutrient and sediment discharges within the state’s portion of the Bay watershed and evaluate by the end of 2026 how each Bay state fared in meeting the 2025 Goal set forward in the last Chesapeake Bay Agreement.

United States v. Holyoke, Massachusetts, City of, No. 19-cv-10332-MGM (D. Mass. Mar. 22, 2023). A settling CWA defendant that discharged pollutants from unpermitted components of its sewer collection system to the Connecticut River must separate portions of the sewer collection system, upgrade certain elements of the combined sewer system, implement an illicit discharge detection and elimination program to address stormwater discharges, and pay a $50,000 civil penalty.

United States v. ABF Freight System, Inc., No. 2:23-cv-02039-PKH (W.D. Ark. Mar. 20, 2023). A settling CWA defendant must pay a civil penalty of $535,000 and implement compliance measures at all freight terminals currently operated nationwide (except in the state of Washington) in connection with alleged violations at nine freight terminals.

United States v. Gloucester, Massachusetts, City of, No. 1:23-cv-10505-LTS (D. Mass. Mar. 6, 2023). A settling CWA defendant must construct secondary sewage treatment upgrades by March 31, 2028, and comply with all effluent limits in the final permit by June 30, 2028, in connection with defendant's failure to meet certain effluent limits, based on secondary treatment standards, of the city’s water pollution control facility in violation of the final NPDES permit.

EPA Region 6 signed and issued the final NPDES general permit for discharges from hydrostatic testing of new and existing vessels in New Mexico, Oklahoma, and Indian country within the states of Texas, Oklahoma, New Mexico, and Louisiana.

EPA entered into a proposed consent decree under the CWA and APA in Cape Fear River Watch v. United States Environmental Protection Agency, No. 1:22-cv-03809 (D.D.C.), in connection with its alleged failure to perform duties mandated by the CWA to revise the effluent limitations guidelines and promulgate pretreatment standards for the meat and poultry products industrial category.

EPA withdrew the direct final rule “NPDES Small MS4 Urbanized Area Clarification,” published on December 2, 2022, due to the receipt of an adverse comment.

EPA Region 1 announced the availability of the Draft NPDES Potable Water Treatment Facility General Permit for discharges to certain waters of the Commonwealth of Massachusetts and the state of New Hampshire.

EPA proposed changes to its test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other samples for reporting under the Agency’s NPDES permit program.

United States v. Akron, Ohio, City of, No. 09-cv-00272 (N.D. Ohio Feb. 13, 2023). A proposed amendment to a consent decree concerning operation of a municipal wastewater treatment facility and sewer system in violation of the CWA requires the settling defendant to resize a large tunnel (the Northside Interceptor Tunnel) from 23 million gallons to 10.3 million gallons and add a new requirement for sewer separation at one of its combined sewer overflow discharge points that would otherwise be controlled by the Northside Interceptor Tunnel.