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Clean Water Act Hazardous Substance Facility Response Plans rule (2024)

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The Clean Water Act Hazardous Substance Facility Response Plans is a significant rule issued by the Environmental Protection Agency (EPA), effective May 28, 2024, that finalizes requirements for on-shore non-transportation related facilities' response plans for worst-case discharges of hazardous substances that can be reasonably expected to cause substantial harm to the environment.[1]

HIGHLIGHTS
  • Name: Clean Water Act Hazardous Substance Facility Response Plans
  • Code of Federal Regulations: 40 CFR 118, 40 CFR 300
  • Action: Final rule
  • Type of significant rule: Other significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    Background

    Clean Water Act (CWA) of 1972, as amended by the Oil Pollution Act of 1990, mandates that the President issue regulations requiring tank vessel or facility operators to prepare and submit plans for oil or hazardous substance discharges. Facilities posing a substantial environmental risk are required to comply, with the Administrator delegated authority under Executive Order 12777 and CWA Section 501 to enforce necessary regulations.[1]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:[1]

    “

    The U.S. Environmental Protection Agency (EPA or Agency) is finalizing facility response plan requirements for worst case discharges of Clean Water Act (CWA) hazardous substances for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment by discharging a CWA hazardous substance into or on the navigable waters, adjoining shorelines, or exclusive economic zone.[2]

    		”

    Summary of provisions

    The following is a summary of the provisions from the rule's entry in the Federal Register:[1]

    “

    EPA is finalizing new requirements for Facility Response Plans (FRPs) for worst case discharges of CWA hazardous substances from onshore non-transportation related facilities (hereafter, covered facilities or facility) that, because of their location, could reasonably be expected to cause substantial harm to the environment by discharging into or on the navigable waters, adjoining shorelines, or exclusive economic zone.[2]

    		”

    Significant impact

    See also: Significant regulatory action

    Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

    Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]


    The text of the Clean Water Act Hazardous Substance Facility Response Plans rule states that OMB deemed this rule SIGNIFICANT, BUT NOT ECONOMICALLY SIGNIFICANT:

    “

    This action is a “significant regulatory action” as defined in Executive Order 12866, as amended by Executive Order 14094.[2]

    		”

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 “Clean Water Act Hazardous Substance Facility Response Plans," March 28, 2024
    2. ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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