The DC Circuit Court amended its ruling on March 6, 2018. EPA published a final rule to address the Court’s ruling on May 30, 2018. However, because of Indiana’s statute at IC 13-14-9-8(h) that automatically vacates state rules if the related federal rule is vacated, the impact on Indiana’s rule becomes more complicated. The vacated Definition of Solid Waste requirements for the provisions of 40 CFR 260.43(a)(4) and 40 CFR 261.4(a)(24) are removed from Indiana’s rules without being replaced with the May 30, 2018 rule language. As a result, off-site recycling (not within the same company) will be subject to full hazardous waste management requirements for the generator and receiving facility including, but not limited to, manifesting and RCRA Part B permit for the off-site recycling facility. This does not impact on-site recycling by generators or recycling within the same company, under the provisions of 40 CFR 261.4(a)(23).

The United States, together with the State of Indiana, announced that U. S. Steel Corporation (U. S. Steel) has agreed to resolve alleged violations of the Clean Water Act and Indiana law by undertaking substantial measures to improve its wastewater processing monitoring system at its steel manufacturing and finishing facility, known as the Midwest Plant, in Portage, Indiana.

• U.S. Steel Consent Decree