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. 

United States v. Board of County Commissioners of Hamilton County, No. C-1-02-107 (S.D. Ohio Oct. 25, 2023). A proposed material modification to a consent decree under the CAA moves two projects back in priority order; changes the descriptions and design criteria for a few projects; adds a process to the Wet Weather Improvement Plan (WWIP) to address previously unidentified CSO or SSO outfalls; adds an additional short phase of work to the WWIP’s scheduling process; and makes a few clarifying changes to other aspects of the WWIP. 

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. 

United States v. Revere, Massachusetts, City of, No. 1:10-cv-11460 (D. Mass. Oct. 25, 2023). Under a proposed first modification to a consent decree, a settling CWA defendant must update portions of its Comprehensive Wastewater Management Plan and Comprehensive Stormwater Management Plan by December 31, 2026. 

EPA announced the preliminary designation of stormwater discharges from certain commercial, industrial, and institutional sites in two watersheds in Los Angeles County, California, for regulation under the CWA NPDES permitting program. 

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 entered into a proposed consent decree under the CWA in Arizona Mining Reform Coalition v. Guzman (D. Ariz.) that would obligate EPA to establish copper and lead TMDLs for Queen Creek, Arizona, by July 31, 2028, unless the Arizona Department of Environmental Quality first establishes and submits them to EPA by January 31, 2027.