Amendment Reconsideration: Clean Water Act Hazardous Substance Facility Response Plans

Rule Summary

On February 18, 2026, EPA published 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 Clean Water Act Hazardous Substance Facility Response Plans that were published in the Federal Register on March 28, 2024.

This ANPRM seeks feedback on potential amendments to address implementation challenges and clarify requirements from the 2024 final rule. The proposed amendments include opportunities to address regulatory burden while maintaining planning requirements to protect human health and the environment when responding to Clean Water Act Hazardous Substance worst case discharges.

EPA accepted comments on this proposal through May 19, 2026. Read the ANPRM in the docket.

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

Rule Extension Proposal

On October 8, 2026, EPA extended the compliance date for regulated facilities to prepare and submit their Clean Water Act hazardous substances Facility Response Plans to EPA by three years - from June 1, 2027, to June 1, 2030. Additionally, the Agency made certain language modifications to remove references to climate change and environmental justice to align with Executive Order 14148.