United States v. Norfolk Southern Railway Co., No. 4:23-cv-00517 (N.D. Ohio May 23, 2024). In connection with the February 3, 2023, train derailment in East Palestine, Ohio, a proposed consent decree requires a settling CWA and CERCLA defendant to (1) reimburse all response costs incurred by the United States; (2) pay a civil penalty of $15 million; (3) establish a $25 million community health program for qualifying members of the public impacted by the derailment; (4) implement an array of specified rail safety procedures; (5) develop and adopt programs for coordination of rail track restoration and vent and burn procedures; (6) implement a $6 million local waterways remediation plan; (7) pay $175,000 for natural resource damages; and (8) implement compliance and future monitoring requirements. 

SIP Proposal: North Carolina (correction of erroneous incorporation of cross-references related to permitting rules).

EPA granted the New Hampshire Department of Environmental Services the authority to implement and enforce the state’s amended Asbestos Disposal Site Rule in place of the national emission standard for asbestos provisions for inactive waste disposal sites. 

SIP Proposal: New York (revisions to meet requirements for the 2008 and 2015 ozone NAAQS for the Sylvamo Ticonderoga Mill).

EPA announced that the limited maintenance plan for fine particulate matter (PM2.5) for the New Jersey portion of the New York-Northern New Jersey-Long Island, NNJ-NY-CT, and Philadelphia-Wilmington, PA-NJ-DE, PM2.5 maintenance areas is adequate for transportation conformity purposes.

EPA provided notice of upcoming public meetings that will be jointly held by the White House Environmental Justice Advisory Council and the White House Environmental Justice Interagency Council, consistent with Executive Order No. 14096, Revitalizing Our Nation’s Commitment to Environmental Justice for All. 

EPA published a statement of findings on new chemical substances or significant new uses that are not likely to present an unreasonable risk of injury to health or the environment for March 2024 under TSCA.

EPA announced the availability of its draft human health and/or ecological risk assessments for the registration review of 3-iodo-2-propynyl butylcarbamate and pyrimethanil. 

SIP Proposal: Georgia (clarifying requirements for gasoline transport vehicles). 

SIP Proposal: Pennsylvania (partial approval of certain clarifying amendments and partial disapproval of control technique guidelines and control of volatile organic compounds emissions from industrial cleaning solvents).