EPA proposed to authorize changes to Montana’s hazardous waste management program under RCRA.

EPA proposed to deny the Alabama Department of Environmental Management’s application for approval of the Alabama coal combustion residuals permit program.

EPA solicited information to assist in the potential development of non-regulatory and regulatory options to ensure the proper management of used industrial containers that held hazardous chemicals or hazardous waste, up to and including the drum reconditioning process.

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

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

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.

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.

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.

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

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.