EPA entered into a proposed consent decree in California Communities Against Toxics v. Regan, No. 1:22-cv-3005-RC (D.D.C.), that would establish deadlines for EPA to sign a notice of final rulemaking containing all necessary revisions under the CAA and a notice of final rulemaking to address reconsideration of the “ample margin of safety” analysis in the NESHAP from secondary lead smelting.

United States v. Shell Oil. Co., No. 83-cv-2379 (D. Colo. Sept. 28, 2023). A proposed amendment to a consent decree changes the manner in which a settling CERCLA defendant will pay oversight costs for Army-led environmental cleanup activities at the Rocky Mountain Arsenal, and fully resolves those costs.

EPA proposed amendments to the standards of performance for volatile organic liquid storage vessels as the preliminary results of the review of the new source performance standards required by the CAA.

The Bureau of Ocean Energy Management amended its renewable energy regulations to update the definition of “Outer Continental Shelf” and add the definition of “State” in conformity with the Inflation Reduction Act.

United States v. CR-Troy, Inc., No. 2:23-cv-463 (S.D. Ind. Sept. 26, 2023). Under a proposed consent decree, settling CERCLA defendants must pay $3,650,000 in response costs and perform remedial measures at the Elm Street Groundwater Contamination Site in Terre Haute, Indiana.

SIP Disapproval: Texas (revisions to contingency measure requirements for the Dallas-Fort Worth and Houston-Galveston-Brazoria serious ozone nonattainment areas).

SIP Approval: Florida (removal of Clean Air Interstate Rule and several reasonably available control technology rules for particulate matter).

FWS proposed to list the northwestern pond turtle and the southwestern pond turtle as threatened species under the ESA, with rules issued under §4(d) of the Act.

FWS proposed to list the short-tailed snake as a threatened species under the ESA, with a rule issued under §4(d) of the Act.

FEMA proposed to amend its regulations to implement the Federal Flood Risk Management Standard and update the agency's eight-step decisionmaking process for floodplain reviews.