76 FR 4694
EPA announced the availability of a final document titled, Policy Assessment for the Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Sulfur.
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76 FR 4578
SIP Proposal: Virginia (lead standards and related updates; see above for direct final rule)
Consistency Conflicts and Federalism Choice: Marine Spatial Planning Beyond the States' Territorial Seas
Offshore areas are under pressure to industrialize for renewable energy. To plan for offshore wind development, Rhode Island engaged in a marine spatial planning process that resulted in the Ocean Special Area Management Plan (O-SAMP), a regulatory invention of the Coastal Zone Management Act. Notably, the Rhode Island O-SAMP maps and plans for uses in federal waters beyond the three-mile line dividing state and fedeal jurisdiction, as well as within the state's territorial sea, posing a challenge to the boundaries of offshore federalism.
76 FR 22174
EPA proposed revisions to the NPDES permits for cooling water intake structures at certain facilities to minimize adverse environmental impacts.
75 FR 82072
United States v. Northeast Ohio Regional Sewer District, No. 10-cv-02895 (N.D. Ohio Dec. 22, 2010). A settling CWA defendant that violated its NPDES permit for its municipal wastewater and sewer system must implement injunctive measures, including the construction of seven deep underground tunnel systems—to reduce its combined sewer overflow (CSO) discharges—and construction of treatment plant expansions, for a total cost of approximately $3 billion; must invest $42 million in green infrastructure that will further reduce its CSO discharge by 44 million gallons; must pay $1.2 million in civil penalties to be split evenly between the United States and the state of Ohio; must spend $1 million to operate a permanent hazardous waste collection center in Cuyahoga County; and must spend $800,000 to improve other water resources.
75 FR 79390
United States v. DeKalb County, No. 1:10cv4039-WSD (N.D. Ga. Dec. 13, 2010). A settling CWA defendant responsible for violations at its sanitary sewer system must pay a $226,500 civil penalty to both the United States and Georgia, must perform specified injunctive measures, and must perform a supplemental environmental project valued at $600,000.
75 FR 78267
United States v. Logan Aluminum, Inc., No. 1:10-cv-00177-TBR (W.D. Ky. Dec. 8, 2010). A settling CAA defendant that violated NESHAP regulations for aluminum production at the Logan Aluminum facility in Russellville, Kentucky, must pay a $285,000 civil penalty and must perform work to fully comply with those regulations.
75 FR 76487
United States v. Beazer Homes USA, Inc., No. 3:10-cv-01133 (M.D. Tenn. Dec. 2, 2010). A settling CWA defendant responsible for violations at home sites in 21 states must pay civil penalties; must develop improved pollution prevention plans for each construction site; must conduct additional site inspections and promptly correct any problems detected; must properly train construction managers and contractors; and must implement a management and internal reporting system to improve oversight of on-the-ground operations.