Base
Proposed Rule2026-043882026-03-05

Clean Water Act Hazardous Substance Facility Response Plans: Compliance Date Delay and Changes To Reflect Administration Policy

Environmental Protection Agency

Abstract

The Environmental Protection Agency (EPA) is proposing to delay the compliance date for Facility Response Plan (FRP) requirements as well as to make language modifications to align with the Administration's climate change and environmental justice policies in Executive Order 14148 of January 20, 2025. These requirements are for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment from a CWA hazardous substance worst case discharge to navigable waters, adjoining shorelines, or the exclusive economic zone. This delay action is necessary to allow 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. EPA notes that it cannot quantify the number, nature, and magnitude of covered discharges that may occur during the proposed rule delay period.

Action & Dates

Action
Proposed rule.
Dates
Comments must be received on or before April 6, 2026.

CFR References

Topics

Environmental protectionHazardous substancesReporting and recordkeeping requirementsWater pollution control

Public Comment

Comments Close
2026-04-06

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Environmental Protection Agency 40 CFR Part 118 [EPA-HQ-OLEM-2021-0585; FRL-7881.1-01-OLEM] RIN 2050-AH38 ACTION: Proposed rule. SUMMARY: The Environmental Protection Agency (EPA) is proposing to delay the compliance date for Facility Response Plan (FRP) requirements as well as to make language modifications to align with the Administration's climate change and environmental justice policies in Executive Order 14148 of January 20, 2025. These requirements are for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment from a CWA hazardous substance worst case discharge to navigable waters, adjoining shorelines, or the exclusive economic zone. This delay action is necessary to allow 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. EPA notes that it cannot quantify the number, nature, and magnitude of covered discharges that may occur during the proposed rule delay period. DATES: Comments must be received on or before April 6, 2026. ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-OLEM-2021-0585, by any of the following methods: Federal eRulemaking Portal: https://www.regulations.gov/​ (our preferred method). Follow the online instructions for submitting comments. A plain language summary of the proposed rule is also available at this address. Mail: U.S. Environmental

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Related Documents

Other Federal Register documents from the same docket.

Full Document

Citation: 91 FR 10787