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.

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

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.

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

EPA updated the list of chemicals subject to toxic chemical release reporting under EPCRA and the Pollution Prevention Act, identifying nine per- and polyfluoroalkyl substances that must be reported.

EPA announced a proposed administrative settlement agreement under a proposed prospective purchaser agreement pursuant to CERCLA and RCRA concerning the Buick City site in Flint, Michigan.

United States v. Great Lakes Synergy Corp., No. 3:23-cv-01934 (S.D. Ohio June 6, 2023). A settling CERCLA defendant that released and threatened releases of hazardous substances at Area 7 of the Additional and Uncharacterized Sites Operable Unit of the Crab Orchard National Wildlife Refuge NPL Site near Marion, Illinois, must perform removal actions to clean up the area, reimburse future response costs incurred by the United States, and reimburse $830,890 in past response costs incurred by the United States.

United States v. New York, City of, No. 1:23-CV-4129 (E.D.N.Y. June 5, 2023). A settling CERCLA defendant must pay $1.6 million for past costs incurred by EPA and fund and perform remedial work, including the removal of soil and sediments exhibiting levels exceeding the remediation goals in the impacted sewers and beneath the roadway and sidewalks, at the Wolff-Alport Chemical Company Superfund site in Ridgewood, New York.

United States v. Eastman Chemical Resins, Inc., No. 2:23-cv-00867-MJH (W.D. Pa. May 24, 2023). Settling CWA, CAA, and RCRA defendants must perform injunctive relief, including conducting a third-party environmental audit, implementing effluent limit violations response requirements, performing facility specific work and repairs, completing comprehensive stormwater and groundwater control plans, and implementing a RCRA-based training program and daily inspection requirements; as well as pay a $2.4 million civil penalty in connection with alleged violations at a hydrocarbon resins manufacturing facility in Jefferson Hills, Pennsylvania.