89 FR 39124
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.
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.
EPA proposed to promulgate an aquatic life designated use that includes propagation and protective water quality criteria for dissolved oxygen for Zone 3, Zone 4, and upper Zone 5 of the Delaware River.
SIP Approval: New York (amendments to regulations governing an existing emission statement program for stationary sources).
EPA released a decision framework for use by the Office of Pollution Prevention and Toxics New Chemicals Division for identification of eye irritation or corrosion hazards for new chemical substances based on prioritization of reproducible, human-relevant data.
United States v. Cummins Inc., No. 1:24-cv-00088 (D.D.C. Jan. 10, 2024). Under a proposed consent decree, a settling CAA defendant that allegedly violated the Act through the production and sale of diesel motor vehicle engines—along with associated engine control and emission control systems—that were installed in nearly one million pickup trucks sold in the United States must pay $1.675 billion in civil penalties, conduct vehicle recall campaigns, and fund projects that reduce nitrogen oxide emissions.
United States v. Swinerton Builders, No. 3:24-cv-00274 (N.D. Cal. Jan. 17, 2024). Under a proposed consent decree, a settling CWA defendant that allegedly violated the Act during construction of solar energy facilities in Alabama, Idaho, and Illinois, must implement significant mitigation actions and pay a $2,300,000 civil penalty.
SIP Approval: Alabama (2006 24-hour fine particulate matter NAAQS limited maintenance plan for the Birmingham maintenance area).
EPA proposed to authorize changes to South Dakota's hazardous waste management program under RCRA.
EPA proposed to partially disapprove and partially approve SIP submissions from Arizona, Iowa, Kansas, New Mexico, and Tennessee regarding interstate transport for the 2015 eight-hour ozone NAAQS, and proposed a federal implementation plan for these states to address their obligations to eliminate significant contribution to nonattainment, or interference with maintenance, of the 2015 ozone NAAQS in other states.
SIP Proposal: Ohio (reinstatement of air nuisance rule).