Rule Extension Proposal: Clean Water Act Hazardous Substance Facility Response Plans
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Rule Summary
On March 5, 2026, EPA published a proposal to extend the compliance date for Facility Response Plans required by the Clean Water Act addressing the potential worst-case discharges of Clean Water Act hazardous substances. These requirements are for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment if a CWA hazardous substance is discharged to navigable waters, adjoining shorelines, or the exclusive economic zone.
EPA is proposing to extend the compliance date by three years - from June 1, 2027, to June 1, 2030 - for regulated facilities to prepare and submit their CWA hazardous substance FRPs to EPA. The proposed extension allows the Agency to consider implementation and compliance assistance tools that regulated parties may be able to take advantage of when complying with the new requirements. Additionally, the Agency is proposing certain language modifications to reflect the Administration’s climate change and environmental justice policies.
EPA will accept comments on this proposal through April 6, 2026. Read the proposal in the Federal Register.
Rule History
On March 28, 2024, EPA published a final rule requiring certain facilities to develop facility response plans for a worst-case discharge of 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.
Related Action
Amendment Reconsideration
On February 10, 2026, the EPA Administrator signed an advanced notice of proposed rulemaking to seek feedback on reconsidering the provisions under Title 40 of the Code of Federal Regulations Part 118 for CWA Hazardous Substance FRPs that were published in the Federal Register on March 28, 2024.