The EPA and the Army have proposed a rule to define “waters of the United States” (WOTUS) under the Clean Water Act. The proposal aims to clarify which waters fall under federal jurisdiction.
The proposed rule would:
- Define key terms such as “relatively permanent,” “continuous surface connection,” and “tributary”
- Require that tributaries connect to navigable waters directly or through features with consistent flow
- Limit federal jurisdiction over wetlands to those that are directly connected to jurisdictional waters with surface water for part of the year
- Maintain and clarify exclusions for certain ditches, prior converted cropland, waste treatment systems, and add an exclusion for groundwater
- Incorporate terms like “wet season” to help assess whether a water body qualifies as WOTUS
The proposal is based on input from states, tribes, local governments, and public listening sessions. It will be published in the Federal Register and open for public comment for 45 days, with two public meetings planned.
The EPA announced a settlement with the Sherwin-Williams Company (doing business as Engineered Polymer Solutions) to resolve claims of violations of the Resource Conservation and Recovery Act (RCRA) at the company’s manufacturing facility in Commerce, California. The settlement requires the facility to pay a civil penalty of $306,436 and return to compliance.The facility produces resins used as base materials for paints. During a routine inspection, EPA determined that the company had failed to properly identify hazardous waste it was generating, including chemicals like xylene, toluene, and butanol.
“The improper disposal of hazardous waste poses a clear risk to human health and the environment,” said EPA Pacific Southwest Region Enforcement and Compliance Assurance Director Amy Miller. “EPA is holding companies accountable for managing dangerous waste properly, and we’re ensuring communities in Commerce and the surrounding areas are protected.”
EPA also found that the facility failed to meet air emission standards for equipment and hazardous waste storage tanks, maintain proper containment systems, conduct required daily inspections, and determine whether waste must be treated before it can be disposed.
Under the settlement, the company will complete return to compliance tasks, including submitting documentation to EPA that shows whether certain wastes are RCRA hazardous waste or non-RCRA hazardous waste and that demonstrates whether air emissions standards apply to certain equipment and tanks at the facility.
The EPA is announcing a settlement with Apple, Inc., over claims of violations of federal hazardous waste law at a facility located on Scott Boulevard, Santa Clara, California. As a result of EPA’s action, the company addressed hazardous waste management and air emissions issues and has come into compliance with the Resource Conservation and Recovery Act (RCRA).“Hazardous waste regulations serve as critical safeguards for facility workers, communities, and the environment,” said EPA Pacific Southwest Enforcement and Compliance Assurance Division Director Amy Miller. “EPA’s actions will protect human health and the environment in the community of Santa Clara from the risk of hazardous waste.”
The Apple Inc. facility generates hazardous waste regulated under RCRA. In August 2023 and January 2024, EPA conducted inspections of the facility after receiving a tip and complaint from the public. During the inspections and reviews of facility records, EPA inspectors identified multiple violations of federal requirements for the management of hazardous waste.
These violations included failure to:
- Properly characterize hazardous waste
- Identify land disposal restriction requirements and provide written notification of the restrictions
- Maintain a permit to store hazardous waste for more than 90 days
- Control air emissions from a solvent waste tank
- Properly label and date hazardous waste containers
- Follow hazardous waste container management standards
- Perform and document daily inspections of hazardous waste tanks
Due to EPA’s action, the company updated the characterization and management of solvent waste, installed a device to control air emissions from the solvent tank, and resolved the remaining identified violations. The company will also pay a penalty of $261,283 to resolve EPA’s claims.
The EPA and U.S. Department of Justice (DOJ), working in conjunction with the Pennsylvania Department of Environmental Protection (PADEP), announced a proposed consent decree with Hanover Foods Corporation. Under the proposed settlement, Hanover Foods would pay a $1.15 million civil penalty and take a series of actions to address alleged violations of the Clean Water Act at its wastewater treatment facility in Hanover, Pennsylvania. “Ensuring that Hanover Foods takes the necessary steps to prevent the release of nutrients and other pollutants underscores the EPA’s commitment to protecting our nation’s waterways,” said Acting Assistant Administrator Craig Pritzlaff of the EPA’s Office of Enforcement and Compliance Assurance (OECA). “The measures outlined in the consent decree are essential for bringing Hanover’s facility into compliance with the Clean Water Act. They are vital for safeguarding the Chesapeake Bay and ensuring that local water sources remain clean, thereby protecting the health and well-being of the communities that rely on them.”
“Hanover Foods allegedly failed to properly treat industrial wastes at its wastewater treatment facility, jeopardizing human health and the environment,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division (ENRD). “The Clean Water Act was enacted more than 50 years ago with the purpose of putting a stop to this type of water pollution. If accepted by the court, the consent decree will hold the company accountable and help ensure it continues to upgrade its facility and take other steps to prevent unlawful discharges of industrial waste.”
As alleged in a complaint filed with the proposed consent decree, Hanover Foods failed to comply with a state-issued National Pollutant Discharge Elimination System (NPDES) permit to operate its wastewater treatment facility in Hanover. NDPES permits are required if wastewater is being discharged into a water of the United States.
At this facility, Hanover Foods industrially processes foods, including beans and vegetables, for canning and fresh packing. Hanover Foods treats industrial waste associated with these operations before discharging wastewater into Oil Creek, which eventually flows into the Susquehanna River and then the Chesapeake Bay. Since 2016, Hanover Foods violated its NPDES permit on more than 600 occasions by exceeding its permit limits for pollutants including suspended solids, ammonia nitrogen, and phosphorus. In addition, environmental inspections identified numerous alleged violations of operations and maintenance requirements at Hanover Foods’ facility.
Under the terms of the proposed consent decree, Hanover will install new equipment and take other measures to prevent violations of its permit limits for certain nutrients and for temperature. Excessive nutrients and high temperatures can be harmful to aquatic life, including fish, shellfish, and underwater grasses that support aquatic ecosystems.
In addition to upgrades made while this case was under investigation, Hanover Foods will upgrade its wastewater treatment system, closely monitor compliance with its discharge permit, report any violations, identify their root causes, and take corrective action to address them. The upgrades include installation of a permanent boiler to maintain proper temperatures in its treatment process, implementation of spare-parts programs to avoid equipment downtime, and improvements to Hanover’s operations and maintenance program, including additional monitoring and tracking requirements.
EPA investigated this case and worked closely with the PADEP.
The proposed consent decree was lodged in the U.S. District Court for the Middle District of Pennsylvania and is subject to a 30-day public comment period and final court approval. The consent decree and information on how to submit a public comment are available on the Justice Department’s Proposed Consent Decree webpage.
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