Final Rulemaking on Clean Water Act Hazardous Substance Facility Response Plans
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Rule Summary
On March 14, 2024, EPA Administrator Michael Regan signed a final rule requiring certain facilities to develop facility response plans for a worst-case discharge of Clean Water Act (CWA) hazardous substances, or threat of such a discharge. A worst-case discharge is the largest foreseeable discharge in adverse weather conditions. Facilities subject to the rule are required to prepare response plans in the event of worst-case discharges, or threat of such discharges, and submit them to EPA.
The facility response plan requirements apply to facilities that could reasonably be expected to cause substantial harm to the environment, based on their location. These include facilities with a maximum onsite quantity of a CWA hazardous substance that meets or exceeds threshold quantities, located within a 0.5-mile radius of navigable water or conveyance to navigable water, and that meets one or more substantial harm criteria. See CWA Hazardous Substance Facility Response Plan Applicability.
These planning requirements help protect the environment by ensuring that facilities have planned for and can respond to discharges of hazardous substances.
Regulated facilities are required to submit response plans to EPA within 36 months after the effective date of the rule. During this time, the agency is committed to conducting outreach and providing compliance assistance to the regulated community and implementing organizations to help them understand the requirements.
CWA HS FRP Final Rule Federal Register Notice
Rule History
Section 311(j)(5) of the CWA directs the President to issue regulations to require an owner or operator of a facility to prepare and submit a plan for responding, to the maximum extent practicable, to a worst-case discharge, and to a substantial threat of such a discharge, of oil or a hazardous substance.
In 1994, EPA promulgated regulations for facility response plans for worst-case discharges of oil under 40 CFR part 112, subpart D. Today's action finalizes regulations for CWA hazardous substances under section 311(j)(5).
On March 21, 2019, the Natural Resources Defense Council, Clean Water Action, and the Environmental Justice Health Alliance for Chemical Policy Reform filed suit in the United States District Court for the Southern District of New York alleging violations of the CWA section 311(j)(5)(A)(i) and the Administrative Procedures Act for failing to promulgate regulations for facility response plans for worst-case discharges of Clean Water Act hazardous substances. The plaintiffs and EPA entered into a consent decree on March 12, 2020, that resolved the claims of the suit.