United States v. ABF Freight System, Inc., No. 2:23-cv-02039-PKH (W.D. Ark. Mar. 20, 2023). A settling CWA defendant must pay a civil penalty of $535,000 and implement compliance measures at all freight terminals currently operated nationwide (except in the state of Washington) in connection with alleged violations at nine freight terminals.

United States v. Gloucester, Massachusetts, City of, No. 1:23-cv-10505-LTS (D. Mass. Mar. 6, 2023). A settling CWA defendant must construct secondary sewage treatment upgrades by March 31, 2028, and comply with all effluent limits in the final permit by June 30, 2028, in connection with defendant's failure to meet certain effluent limits, based on secondary treatment standards, of the city’s water pollution control facility in violation of the final NPDES permit.

EPA Region 6 signed and issued the final NPDES general permit for discharges from hydrostatic testing of new and existing vessels in New Mexico, Oklahoma, and Indian country within the states of Texas, Oklahoma, New Mexico, and Louisiana.

EPA entered into a proposed consent decree under the CWA and APA in Cape Fear River Watch v. United States Environmental Protection Agency, No. 1:22-cv-03809 (D.D.C.), in connection with its alleged failure to perform duties mandated by the CWA to revise the effluent limitations guidelines and promulgate pretreatment standards for the meat and poultry products industrial category.

EPA withdrew the direct final rule “NPDES Small MS4 Urbanized Area Clarification,” published on December 2, 2022, due to the receipt of an adverse comment.

EPA Region 1 announced the availability of the Draft NPDES Potable Water Treatment Facility General Permit for discharges to certain waters of the Commonwealth of Massachusetts and the state of New Hampshire.

EPA proposed changes to its test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other samples for reporting under the Agency’s NPDES permit program.

United States v. Akron, Ohio, City of, No. 09-cv-00272 (N.D. Ohio Feb. 13, 2023). A proposed amendment to a consent decree concerning operation of a municipal wastewater treatment facility and sewer system in violation of the CWA requires the settling defendant to resize a large tunnel (the Northside Interceptor Tunnel) from 23 million gallons to 10.3 million gallons and add a new requirement for sewer separation at one of its combined sewer overflow discharge points that would otherwise be controlled by the Northside Interceptor Tunnel.

United States v. Capital Region Water, No. 1:15-cv-00291-CCC (M.D. Pa. Feb. 13, 2023). Under a proposed modification to a partial consent decree, CWA defendants must perform injunctive measures to ensure that the sewer system is capable of meeting capture goals in a Long-Term Control Plan in connection with alleged unpermitted discharges from the sewer system in Harrisburg, failure to comply with EPA’s 1994 Combined Sewer Overflow Control Policy, and failure to comply with other requirements of sewer and stormwater NPDES permits.

EPA released the updated Clean Water Act Financial Capability Assessment Guidance, which may be used by municipalities when making certain water quality decisions and when developing or revising plans to dramatically reduce sewer overflows.