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News & Analysis In the Agencies Volume 51, Issue 2

85 FR 86965

United States v. Peoria, City of, No. 20-1444 (C.D. Ill. Dec. 23, 2020). Settling defendants that violated the CWA and related permits addressing the local sewer system must perform a series of improvement projects, pay a penalty, and perform a supplemental environmental project.

Clean Water Act (CWA)

85 FR 87256

EPA retained current NAAQS for photochemical oxidants including ozone without revision.

Clean Air Act (CAA)

85 FR 86910

CEQ issued updated guidance to federal agencies titled "Guiding Principles for Sustainable Federal Buildings and Associated Instructions."

Sustainability

85 FR 86558

EPA announced the availability of the final TSCA risk evaluation of n-Methylpyrrolidone (NMP); the evaluation determined that specific conditions of use of NMP present an unreasonable risk of injury to health that EPA must address through risk management measures enumerated in TSCA.

Toxic Substances Control Act (TSCA)

85 FR 85671

United States v. Allied Transportation Co., No. 3:20-cv-382 (S.D. Tex. Dec. 18, 2020). Settling CERCLA defendants must implement a remedy for groundwater contamination and pay past and future response costs associated with the Gulfco Marine Maintenance NPL site in Freeport, Texas.

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

85 FR 85380

The Pipeline and Hazardous Materials Safety Administration amended its hazardous materials regulations to revise certain requirements applicable to the manufacture, use, and requalification of DOT-specification cylinders.

Transportation

85 FR 84213

The Federal Highway Administration, Federal Railroad Administration, and Federal Transit Administration established regulations governing DOT's program for eliminating duplication of environmental reviews.

Agencies

85 FR 84001

United States v. Home Depot, U.S.A., Inc., No. 1:20CV5112 (N.D. Ga. Dec. 17, 2020). A settling TSCA defendant that violated the Act's renovation, repair, and painting regulations must institute a compliance program and pay a civil penalty of $20,750,000.

Toxic Substances Control Act (TSCA)

85 FR 84001

United States v. Olin Corp., No. 1:20-cv-00602 (S.D. Ala. Dec. 17, 2020). Settling CERCLA defendants that released and/or threatened release of hazardous substances into the environment from a property where Operable Unit Two of the Olin McIntosh Superfund site is located must perform remedial design and remedial action, pay past response costs, and pay future costs related to the work at Operable Unit Two.

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

85 FR 83993

FWS initiated a five-year status review of the northern long-eared bat under the ESA. 

Endangered Species Act (ESA)
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