NOAA and EPA seek comment on the proposed finding that Indiana has satisfied all conditions the agencies established as part of their 2008 approval of the state's coastal nonpoint pollution control program.

EPA announced the availability of draft guidance on applying the U.S. Supreme Court's recent decision in County of Maui v. Hawaii Wildlife Fund in the CWA §402 NPDES permit program for point source discharges that travel through groundwater before reaching a water of the United States.

EPA invited public comment to inform the domestic availability of multiple products used in the construction, alteration, and/or maintenance of water infrastructure. 

EPA announced the availability of and seeks comment on a draft policy that updates the Agency’s 2003 Public Involvement Policy.

EPA announced a 60-day public comment period on the draft revision of the Technical Guidance for Assessing Environmental Justice in Regulatory Analysis.

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 revised regulations addressing preemption of state and local regulation of locomotives and engines used in locomotives. 

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. 

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.