EPA revised and replaced the 2020 regulatory requirements for water quality certification under CWA §401.

EPA announced that it is establishing the Historically Black Colleges and Universities and Minority Serving Institutions Advisory Council.

The Federal Permitting Improvement Steering Council proposed to amend its regulations to revise the scope of "mining" as a sector with infrastructure projects eligible for coverage under Title 41 of the Fixing America's Surface Transportation Act.

EPA Region 1 announced the availability of the draft NPDES non-contact cooling water general permit for discharges to certain waters of the Commonwealth of Massachusetts and the state of New Hampshire.

United States v. Transocean Offshore Deepwater Drilling Inc., No. 4:23-cv-03317 (S.D. Tex. Sept. 6, 2023). Under a proposed consent decree, a settling CWA defendant that discharged pollutants without obtaining coverage under an NPDES general permit and exceeded effluent limitations prescribed by the general permit must develop and implement a compliance system to ensure future compliance with the CWA and the general permit, and pay a $507,000 civil penalty.

EPA and the Department of the Army amended the provisions of the agencies’ definition of “waters of the United States” that are invalid under the Supreme Court’s interpretation of the CWA in Sackett v. EPA.

EPA entered into a proposed consent decree under the CWA in Center for Biological Diversity, v. Regan, No. 3:23-cv-535 (N.D. Cal.) in connection with the Agency’s alleged failure to satisfy its mandatory duty under the Vessel Incidental Discharge Act of 2018 to promulgate federal standards of performance for discharges incidental to the normal operation of large commercial vessels that would obligate the Agency to sign a decision taking final action by September 23, 2024.

EPA entered into a proposed interim consent decree under the CWA in Northwest Environmental Advocates v. EPA, No. 19-01537 (W.D. Wash.) in connection with the Agency’s alleged inaction concerning the state of Washington’s water quality assessment and listing program and TMDL program that would require Washington to submit three TMDLs to EPA by December 2025 and would prohibit the plaintiff from filing any new TMDL constructive submission lawsuits in Washington for a period of 34 months.

The Pipeline and Hazardous Materials Safety Administration proposed revisions to the pipeline safety regulations to require operators of gas distribution pipelines to update their distribution integrity management programs, emergency response plans, operations and maintenance manuals, and other safety practices.

NOAA created a temporary special use area for coral restoration located approximately five miles southeast of Tavernier, on the island of Key Largo, within federal waters of Florida Keys National Marine Sanctuary from September 6, 2023, to November 6, 2023.