EPA announced the availability of the latest Motor Vehicle Emission Simulator model (MOVES4), which must be used in transportation conformity determinations outside of California after a two-year grace period and in future SIPs.

SIP Proposal: Florida (stationary source rules).

SIP Approval: Pennsylvania (second 10-year particulate matter limited maintenance plan for the Liberty Borough area).

United States v. Apex Building Co., Inc., No. 23-cv-7838 (S.D.N.Y. Sept. 5, 2023). Under a proposed consent decree, a settling TSCA defendant that conducted unlawful renovations work must perform injunctive relief and pay a $606,706 civil penalty.

EPA and the Department of the Army amended the provisions of the agencies’ definition of “waters of the United States” that are invalid under the Supreme Court’s interpretation of the CWA in Sackett v. EPA.

EPA entered into a proposed consent decree under the CWA in Center for Biological Diversity, v. Regan, No. 3:23-cv-535 (N.D. Cal.) in connection with the Agency’s alleged failure to satisfy its mandatory duty under the Vessel Incidental Discharge Act of 2018 to promulgate federal standards of performance for discharges incidental to the normal operation of large commercial vessels that would obligate the Agency to sign a decision taking final action by September 23, 2024.

EPA entered into a proposed interim consent decree under the CWA in Northwest Environmental Advocates v. EPA, No. 19-01537 (W.D. Wash.) in connection with the Agency’s alleged inaction concerning the state of Washington’s water quality assessment and listing program and TMDL program that would require Washington to submit three TMDLs to EPA by December 2025 and would prohibit the plaintiff from filing any new TMDL constructive submission lawsuits in Washington for a period of 34 months.

EPA expanded the list of acceptable substitutes under the significant new alternatives policy program to include additional substitutes for use in the refrigeration and air conditioning and fire suppression sectors.

SIP Approval: Texas (vehicle inspection and maintenance requirements in the Dallas-Fort Worth and Houston-Galveston-Brazoria serious ozone nonattainment areas for the 2008 eight-hour ozone NAAQS).

The Pipeline and Hazardous Materials Safety Administration proposed revisions to the pipeline safety regulations to require operators of gas distribution pipelines to update their distribution integrity management programs, emergency response plans, operations and maintenance manuals, and other safety practices.