EPA Issues Final Rulemaking on Clean Water Act Hazardous Substance Facility Response Plans

On March 14, 2024, the EPA issued a final rule that makes certain changes to the requirements for Clean Water Act Facility Response Plans. These plans address a worst-case discharge of hazardous substances from regulated facility.  Under the new rule, a “worst-case discharge” now includes the largest foreseeable discharge due to climate change extreme weather conditions.  It also requires that hazard evaluations consider potential impacts to environmental justice (EJ) communities.  Facilities subject to the rule must submit Facility Response Plans within 36 months of May 28, 2024 (the effective date of the new rule).  EPA has stated that it intends to engage in outreach to the regulated community to provide compliance assistance and to help them understand the new rule. The new rule was published in the Federal Register on March 28, 2024 (89 FR 21924).

Written by Susan Franzetti