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88 FR 54314

EPA entered into a proposed cashout settlement agreement under CERCLA concerning the Colorado Smelter Superfund site in Pueblo, Colorado.

88 FR 50149

EPA Region 8 entered into a proposed administrative settlement agreement concerning the Central City/Clear Creek Superfund site in Clear Creek County, Colorado.

88 FR 49496

United States v. Taylor Farms New England, Inc., No. 1:23-cv-00311 (D.R.I. July 26, 2023). A settling CAA and EPCRA defendant that violated statutory and regulatory provisions governing the prevention and notice of accidental releases of extremely hazardous substances at its food processing facility in North Kingstown, Rhode Island, must perform injunctive relief and pay a $650,000 civil penalty.

88 FR 49495

United States v. HP Inc., No. 3:23-cv-1383 (D.P.R. July 26, 2023). Settling CERCLA defendants that released hazardous substances at Operable Unit 1 of the San German Groundwater site in San German, Puerto Rico, must design and implement the remedy selected by EPA for the unit and pay the United States’ future costs for overseeing the response work.

88 FR 46185

United States v. Boise Cascade Corp., No. 97-cv-1704 (TJM) (N.D.N.Y. July 12, 2023). A proposed second amendment to a consent decree includes an ability-to-pay-cash-out settlement with one of the settling CERCLA defendants in which it will pay $150,000 and be removed as a settling defendant responsible for future work and costs at the Sealand Superfund Restoration site in Lisbon, New York.

88 FR 46155

EPA announced a proposed administrative settlement agreement under CERCLA and RCRA concerning the Delphi 1 Anderson Site in Anderson, Indiana.

88 FR 45448

United States v. J.R. Simplot Co., No. 1:23-cv-322 (D. Wyo. July 11, 2023). A settling RCRA, CAA, CERCLA, and EPCRA defendant must pay a $1.5 million civil penalty; implement compliance projects at its phosphoric acid and fertilizer manufacturing plant located near Pocatello, Idaho, known as the Don Plant; comply with specified requirements for management of wastes or other materials at the facility and in the facility’s phosphogypsum stack system; comply with specified requirements for the eventual closure and long-term care of the facility and provide financial assurance to cover the estimated cost of such obligations; continue groundwater and surface monitoring and reporting as required by a prior CERCLA consent decree; comply with specified operational practices for air emissions controls and replace the existing cooling towers with cooling pond(s) to reduce fluoride emissions into the air from the Don Plant; and revise the annual Toxic Chemical Release Inventory Reporting Forms it submitted under EPCRA for years 2004-2012 to include estimates of compounds that previously were not included.

88 FR 45089

EPA added a diisononyl phthalate category to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act.

88 FR 44405

United States v. Massachusetts Electric Co., No. 1:23- cv-11524 (D. Mass. July 7, 2023). A settling CERCLA defendant must provide $5.38 million to federal and state natural resources trustees to undertake habitat restoration work in the coastal area in the vicinity of the former Gloucester Gas Light Company Manufactured Gas Plant in Gloucester, Massachusetts, for damages relating to the release of hazardous substances to soils, sediments, groundwater, and surface water from the plant.

88 FR 41397

EPA entered into a proposed cost recovery settlement agreement under CERCLA concerning the Marko Engraving & Art Corp. site in Fairview, New Jersey.