NOAA announced its intention to prepare a National Coral Reef Resilience Strategy in accordance with the Coral Reef Conservation Act, providing the public with background on the scoping, seeking specific input, and providing a general opportunity for comment the administration can consider while developing the national strategy.
EPA proposed to revise the Consumer Confidence Report Rule in accordance with America's Water Infrastructure Act and to require reporting of compliance monitoring data to the Agency.
More severe storms and rising sea levels resulting from a changing climate pose a threat to ecosystems along the U.S. coast. These include beaches, dunes, wetlands, and marshes, which provide significant environmental, recreational, and economic benefits. Practices to sustain these ecosystems are available, but are not well understood, face legal and financial obstacles, and have not been widely implemented. On January 19, 2023, the Environmental Law Institute hosted a panel of experts who explored measures and practices for sustaining coastal wetlands in the face of a changing climate.
EPA proposed a national primary drinking water regulation and health-based maximum contaminant level goals for perfluorohexane sulfonic acid (PFHxS), hexafluoropropylene oxide dimer acid (HFPO-DA) and its ammonium salt (also known as a GenX chemicals), perfluorononanoic acid (PFNA), and perfluorobutane sulfonic acid (PFBS), and their mixtures, as well as for perfluorooctanoic acid and perfluorooctane sulfonic acid under the SDWA.
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.
EPA proposed a regulation revising technology-based effluent limitations guidelines (ELGs) and standards for the steam electric power generating point source category applicable to flue gas desulfurization wastewater, bottom ash transport water, and combustion residual leachate at existing sources, and solicited comment on ELGs for legacy wastewater.
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.
The Bureau of Safety and Environmental Enforcement adjusted the level of the maximum daily statutory civil monetary penalty amounts for violations of the Outer Continental Shelf Lands Act.
The Bureau of Ocean Energy Management announced the availability of the proposed notice of sale for the proposed Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 261 as required by the Inflation Reduction Act of 2022.
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.