Compliance Date Extension: Clean Water Act Hazardous Substances Facility Response Plans
Rule Summary
On October 8, 2026, EPA issued a final rule extending the compliance date for Facility Response Plans required by the Clean Water Act addressing potential worst-case discharges of Clean Water Act hazardous substances. These requirements are for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment if a CWA hazardous substance is discharged to navigable waters, adjoining shorelines, or the exclusive economic zone.
EPA is extending the compliance date by three years - from June 1, 2027, to June 1, 2030 - for regulated facilities to prepare and submit their CWA hazardous substances FRPs to EPA. This extension will allow for more thorough, protective, and targeted planning efforts by regulated facilities in preparation for potential worst-case discharges to navigable water. EPA expects the extension to promote compliance and ensure well-developed FRPs, increasing protection of the environment and human health. Additionally, the agency removed references to climate change and environmental justice to align with Executive Order 14148.
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.
On March 5, 2026, EPA proposed extending the compliance date for FRPs required by the CWA for addressing potential worst-case discharges of CWA hazardous substances to navigable water. EPA accepted comments on the proposed rule through April 6, 2026.
Related Action
Amendment Reconsideration
On February 10, 2026, the EPA Administrator signed 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 CWA Hazardous Substance FRPs that were published in the Federal Register on March 28, 2024.