EPA announced the availability of new information and data pertaining to the Agency’s May 18, 2023, proposed rulemaking on the Disposal of Coal Combustion Residuals (CCR) From Electric Utilities; Legacy CCR Surface Impoundments. 

United States v. ACF Industries LLC, No. 3:23-cv-1603 (D. Or. Nov. 1, 2023). Under two proposed consent decrees, settling CERCLA, CWA, and OPA defendants whose facilities along the Willamette River released hazardous substances must pay cash and/or purchase restoration credits in one or more restoration projects approved by the Natural Resource Trustees to create habitat for injured natural resources, and make payments for the public’s lost recreational use of the river, for monitoring of culturally significant plants and animals, and for reimbursement of the Natural Resource Trustees’ costs. 

EPA proposed to enter into an administrative settlement agreement under CERCLA with Cone Mills Acquisition Group, LLC, concerning remedial action/remedial design to be performed at the U.S. Finishing, LLC and Cone Mills Corporation Superfund Site. 

EPA proposed to enter into individual settlements with three parties concerning recovery of CERCLA costs for cleanup that was performed at the Bennett Landfill Fire Site located in Chester, South Carolina. 

EPA entered into an administrative settlement agreement under which settling parties will transfer certain mining claims to the purchaser, which will in turn support the purchaser’s efforts to preserve the important historical structures on these mining claims at the Nelson Tunnel/Commodore Waste Rock Superfund Site in Mineral County, Colorado.

EPA proposed to issue regulations to implement certain provisions of the American Innovation and Manufacturing Act; the proposed rulemakings would establish a program for the management of hydrofluorocarbons and alternative RCRA standards for spent ignitable refrigerants being recycled for reuse.

EPA denied a petition from American Forest and Paper Association requesting amendments to the Non-Hazardous Secondary Materials regulations under RCRA. 

United States v. Dravo Corp., No. 8:01-cv-00500-JFB-TBT (D. Neb. Oct. 10, 2023). Under a proposed consent decree, a settling CERCLA defendant must pay $131,067 for response costs incurred and to be incurred by EPA at the Hastings Groundwater Contamination Superfund site.

United States v. Smith and Edwards Co., No. 1:23-cv-00108-HCN (D. Utah Sept. 29, 2023). Under a proposed consent decree, settling CERCLA defendants will pay $2,290,065 and $300,000 to reimburse EPA’s response costs in connection with an emergency removal action at the Ogden Swift Building Superfund site in Ogden, Utah, and settling federal agencies will pay $2,290,065 to resolve a potential counterclaim against the United States.

United States v. Stepan Co., No. 2:23-cv-20769-KM-JRA (D.N.J. Sept. 29, 2023). Under a proposed consent decree, a settling CERCLA defendant must perform response actions to address chemically contaminated soils at the Maywood Chemical Company Superfund site, pay future oversight costs, and pay $362,853.28 to the United States and $15,593.62 to New Jersey Department of Environmental Protection for past costs.