EPA proposed to amend the requirements that apply to the petroleum and natural gas systems source category of the Greenhouse Gas Reporting Rule to ensure that reporting is based on empirical data, accurately reflects total methane and waste emissions from applicable facilities, and allows owners and operators of applicable facilities to submit empirical emissions data that appropriately demonstrate the extent to which a charge is owed; as well as changes to requirements that apply to the general provisions, general stationary fuel combustion, and petroleum and natural gas systems source categories of the rule to improve calculation, monitoring, and reporting of greenhouse gas data for petroleum and natural gas systems facilities.

United States v. Taylor Farms New England, Inc., No. 1:23-cv-00311 (D.R.I. July 26, 2023). A settling CAA and EPCRA defendant that violated statutory and regulatory provisions governing the prevention and notice of accidental releases of extremely hazardous substances at its food processing facility in North Kingstown, Rhode Island, must perform injunctive relief and pay a $650,000 civil penalty.

United States v. Globe Metallurgical, Inc., No. 2:23-cv-02368-MHW (S.D. Ohio July 25, 2023). A settling CAA defendant that violated PSD provisions, new source performance standard provisions, and the Ohio SIP's opacity limits when it emitted hazardous air pollutants from its ferroalloy production facility in Waterford, Ohio, must pay a $2.6 million civil penalty, construct a new baghouse, restrict sulfur content of process inputs to specified limits, implement a detailed monitoring regime to address opacity concerns, and extend its sulfur content limits and Subpart Z obligations to all furnaces at the facility.

United States v. HP Inc., No. 3:23-cv-1383 (D.P.R. July 26, 2023). Settling CERCLA defendants that released hazardous substances at Operable Unit 1 of the San German Groundwater site in San German, Puerto Rico, must design and implement the remedy selected by EPA for the unit and pay the United States’ future costs for overseeing the response work.

EPA proposed to revoke the Fiscal Year 2019 CAA §105 grant awarded to the Puerto Rico Department of Natural and Environmental Resources because it has failed to satisfy the statutory maintenance of effort requirement for that year.

FWS revised the List of Birds protected by the Migratory Bird Treaty Act, both adding and removing species and changing names to conform to accepted use by the scientific community.

United States v. Robert Yundt Homes, LLC, No. 3:23-cv-00073-JMK (D. Alaska July 24, 2023). Settling CWA defendants that discharged pollutants into waters of the United States without a permit must restore impacted areas, perform mitigation pursuant to EPA-approved restoration plans, and pay a civil penalty.

SIP Proposal: Washington (minor updates to general regulations for air pollution sources).

CEQ proposed the “Bipartisan Permitting Reform Implementation Rule” to revise its regulations for implementing the procedural provisions of NEPA, including to implement the Fiscal Responsibility Act’s amendments to NEPA.

EPA proposed amendments to NESHAPs for Integrated Iron and Steel Manufacturing Facilities, including standards to regulate hazardous air pollutant emissions from five unmeasured fugitive and intermittent particulate sources, standards for certain unregulated hazardous air pollutants, updates to the technology review, and a fenceline monitoring requirement for chromium.