EPA Finalizes CWA Hazardous Substance Facility Response Plan Rule

EHS Daily Advisor by Lisa Whitley Coleman

Washington, DC – On March 14, 2024, EPA Administrator Michael Regan signed a final rule requiring certain facilities to develop facility response plans (FRP) for a worst-case discharge of Clean Water Act (CWA) hazardous substances or the threat of such a discharge. Worst-case discharges are defined as the largest foreseeable discharge in adverse weather conditions, including extreme weather conditions due to climate change. Facilities subject to the rule are required to prepare response plans in the event of worst-case discharges or the threat of such discharges and submit them to the EPA. The final rule is effective May 28, 2024. Regulated entities must submit FRPs to the EPA within 36 months of this date. For the Final Rule, click here. For full text, click here.