EPA finalized a CWA regulation to revise the technology-based effluent limitations guidelines and standards for the steam electric power generating point source category applicable to flue gas desulfurization wastewater, bottom ash transport water and legacy wastewater at existing sources, and combustion residual leachate at new and existing sources.
EPA designated two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers—as hazardous substances under CERCLA.
United States v. French Limited, Inc., No. 4:89-cv-2544 (S.D. Tex. Apr. 26, 2024). A fourth modification to a 1990 consent decree under CERCLA concerning contamination at the French Limited Superfund Site near Crosby, Texas, revises work requirements, provides for the reimbursement to EPA of certain response costs, and provides for the disbursement to members of the working group of funds received by EPA in a bankruptcy settlement payment for the site.
United States v. Sunoco Pipeline, L.P., No. 1:24-cv-00238-SJD (S.D. Ohio Apr. 29, 2024). Under a proposed consent decree, a settling CWA defendant must pay a civil penalty of $550,000 in addition to $1,250,000 to compensate for harm to natural resources in connection with crude oil escaping from a ruptured pipeline, contaminating waters of the United States, and causing damage to natural resources.
United States v. Dow Silicones Corp., No. 19-11880 (E.D. Mich. Apr. 24, 2024). A proposed consent decree modification extends a deadline for a settling CWA defendant’s implementation of a stormwater capacity and pollutant evaluation from January 24, 2023, to January 24, 2026, and also includes requirements to mitigate any environmental harm associated with the extension of the deadline.
EPA revised the water quality standards (WQS) regulation under the CWA to add requirements for states establishing WQS in waters where tribes hold and assert rights to CWA-protected aquatic and aquatic-dependent resources reserved through treaties, statutes, or executive orders.
United States v. San Diego, City of, No. 3:23-cv-00541-LL-BGS (S.D. Cal. Apr. 22, 2024). Under a proposed consent decree, settling CERCLA defendants must collectively pay $2,412,029.89 for reimbursement of response costs incurred in connection with the release of hazardous substances at the former Naval Training Center in San Diego, California.
United States v. General Dynamics Corp., No. 6:24-cv-00722 (M.D. Fla. Apr. 18, 2024). Under a proposed consent decree, settling CERCLA defendants that released and/or threatened releases of hazardous substances into the environment at the General Dynamics Longwood Superfund Site located in Longwood, Florida, must perform a remedial design and remedial action for the site, reimburse EPA for its past response costs for the site, and pay future costs related to the work.
United States v. PPG Industries, Inc., No. 2:24-04771 (D.N.J. Apr. 11, 2024). Under a proposed consent decree concerning the Riverside Industrial Park Superfund Site in Newark, New Jersey, a settling CERCLA defendant must design and implement the components of the remedy selected for the site in EPA's September 28, 2021, record of decision that relate to waste material, sewer water, soil gas, and soil/fill material; perform groundwater monitoring and implement institutional controls; reimburse the United States $2,883,120 and New Jersey $116,880 for past response costs relating to the site; and pay for future response costs to be incurred.
EPA finalized 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 NPDES permit program.