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. 

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.

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. 

United States v. Villegas, No. 1:24-cv-962 (D. Colo. Apr. 10, 2024). Under a proposed consent decree, settling CWA defendants that discharged pollutants without a permit into waters of the United States must restore impacted areas. 

United States v. Lexington-Fayette Urban County Government, No. 5:06-cv-386-KSF (E.D. Ky. Apr. 10, 2024). A proposed material modification to a consent decree concerning alleged violations of the CWA stemming from the settling defendant's operation of its sanitary sewer system and wastewater treatment plant extends the final compliance deadline for remedial projects by four years to December 31, 2030, and makes changes to reporting frequency and methods.

United States v. Flint Hills Resources Ingleside, LLC, No. 2:24-cv-00079 (S.D. Tex. Apr. 8, 2024). Under a proposed consent decree, a settling CWA and OPA defendant that allegedly discharged about 14,000 gallons of crude oil that spilled into Corpus Christi Bay from a ruptured pipe on a dock at the defendant's crude oil storage terminal in Ingleside, Texas, must pay a total of $989,212.80.