Amendment Reconsideration: Clean Water Act Hazardous Substance Facility Response Plans
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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 will accept comments on this proposal through March 20, 2026.
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 March 3, 2026, EPA announced a proposal to extend the compliance date for the final rulemaking on Clean Water Act Hazardous Substance Facility Response Plans 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. Additionally, the Agency is proposing certain language modifications to reflect the Administration’s climate change and environmental justice policies.