EPA proposed amendments to its Air Emissions Reporting Requirements that would require state, local, and tribal agencies to report emissions data to EPA using different approaches from current requirements, and require owners/operators of some facilities to report additional emissions data.

United States v. FrieslandCampina Ingredients North America, Inc. No. 3:23-cv-00937-TJM-ML (N.D.N.Y. Aug. 2, 2023). A settling CAA and CWA defendant that allegedly failed to obtain a modification to its title V CAA permit before its hydrolyzed protein powder facility in Delhi, New York, became a major source of volatile organic compound (VOC) emissions; perform a reasonably available control technology (RACT) demonstration and implement RACT before commencing operation of a major source of VOC emissions; obtain a permit before constructing a new, modified, or existing air contamination source at the facility; and report and maintain annual reports of its VOC emissions must reduce harmful toluene emissions through the installation and operation of pollution controls, comply with its permits, and pay a $2,880,000 civil penalty.

United States v. Sinister Manufacturing Co., Inc. No. 2:23-cv-01580-JDP (E.D. Cal. Aug. 1, 2023). Under a proposed consent decree concerning the alleged unlawful manufacture, sale, and offer for sale of aftermarket automotive devices that bypass, defeat, or render inoperative emissions controls, a settling CAA defendant must pay a $500,000 civil penalty based on its limited financial ability to pay.

EPA proposed to promulgate a federal implementation plan under the CAA, consisting of contingency measures for the 1997, 2006, and 2012 fine particulate matter NAAQS for the San Joaquin Valley nonattainment area of California.

EPA established tolerances for residues of the herbicide imazapic in or on rice, bran and rice, grain.

SIP Approval: Florida (revisions concerning excess emissions during startup, shutdown, and malfunction, and source specific sulfur dioxide and nitrogen oxide emission limits).

SIP Approval: Missouri (removal of provision relating to construction permits that allowed burning of illegal and waste pharmaceutical drugs in crematories and animal incinerators).

EPA approved revisions to Ohio’s Public Water System Supervision Program under the SDWA.

SIP Approval: North Carolina (updates to several North Carolina Department of Environmental Quality air regulations for sources that emit volatile organic compounds).

EPA found that the 2023 motor vehicle emissions budgets for volatile organic compounds and nitrogen oxides submitted by the Maryland Department of the Environment for the 2015 eight-hour ozone NAAQS are adequate for transportation conformity purposes for the Baltimore moderate nonattainment area.