United States v. Enbridge Energy, LP, No. 1:16-cv-914 (W.D. Mich. June 29, 2024). A proposed eighth modification to a consent decree concerning two separate oil spills in Michigan and Illinois in 2010 would require settling CWA and OPA defendants to investigate circumferential crack features in four pipelines; revise the methods used for assessing whether a circumferential crack must be excavated and repaired; adjust certain requirements relating to repair and mitigation of circumferential crack features; eliminate two requirements relating to circumferential cracks; and enable defendants to seek early termination of certain requirements relating to circumferential crack features.

EPA announced the availability of revised guidelines for eligible recipients (states, territories, and the District of Columbia) awarded federal grants under §319 of the CWA for the implementation of nonpoint source management programs.

United States v. Westchester Joint Water Works, No. 24 Civ. 4783 (S.D.N.Y. June 24, 2024). Under a proposed consent decree, settling SDWA defendants that violated maximum contaminant level set by EPA for certain disinfectant byproducts in drinking water, as well as a related administrative order requiring construction of a water filtration plant by specified deadlines, must (1) build and commence operation of a drinking water filtration plant by July 1, 2029; (2) implement measures to ensure the safety of its water supply until the filtration plant is operational; (3) pay a total of $1,250,000 in civil penalties; and (4) spend at least $900,000 on a supplemental environmental project to improve source water quality and at least $6,800,000 on two state water quality benefit projects. 

United States v. Pope Resources, No. 3:24-cv-05470 (W.D. Wash. June 13, 2024). Under a proposed consent decree concerning the release of hazardous substances from the former Pope & Talbot sawmill facility in Kitsap County, Washington, settling CERCLA and CWA defendants must construct, implement, maintain, and monitor a habitat restoration project; fund future long-term maintenance, monitoring, and stewardship of the project; and pay past and estimated future costs for natural resource damages assessment and restoration implementation and oversight. 

EPA identified certain additional water quality-limited segments for the Arkansas 2020 §303(d) list, and seeks comment on those additions. 

EPA announced the availability of acute freshwater aquatic life screening values for 6PPD and its transformation product 6PPD-quinone. 

NOAA issued final regulations for the designation of the Lake Ontario National Marine Sanctuary in eastern Lake Ontario to recognize the national significance of the area’s historical, archaeological, and cultural resources and to manage this area as part of the National Marine Sanctuary System.

FERC proposed to amend regulations to clarify that for all proceedings before the Commission that require a water quality certification pursuant to §401(a)(1) of the CWA, the reasonable period of time during which the certifying authority may act on the water quality certification request is one year from the certifying authority’s receipt of the request.

The president issued Proclamation No. 10770 of May 31, 2024, proclaiming June 2024 as National Ocean Month.  

United States v. PSF, Inc., No. 3:24-cv-00112 (D. Alaska May 24, 2024). Under a proposed consent decree, settling CWA defendants that allegedly violated the conditions and limitations of their NPDES permits at their facilities in Valdez and King Cove, Alaska, must perform injunctive relief and pay $750,000 in civil penalties.