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Data / Federal rules / 2026-20849

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

The Environmental Protection Agency published this final rule in the Federal Register on October 13, 2026. It takes effect on December 14, 2026.

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What the agency says

The Environmental Protection Agency (EPA) is finalizing an extension to the compliance date for Facility Response Plans (FRPs) required by the Clean Water Act (CWA) addressing potential worst-case discharges of CWA hazardous substances. These requirements apply to 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 action is also finalizing language modifications to remove references to climate change and environmental justice in the FRP requirements to align with Executive Order 14148 of January 20, 2025. EPA is revising the compliance deadlines in light of serious concerns that facilities may be unable to comply with the relevant requirements by the existing deadline. These changes are necessary to allow the Agency to consider implementation and compliance assistance tools that regulated facilities may be able to take advantage of when complying with the new requirements, and to ensure proper planning for all communities while promoting a science-based and risk-based approach to planning. EPA also recognizes that a delay would provide time for EPA to consider whether revisions are necessary before facilities must comply.

Key facts

Document number
2026-20849
Type
Final rule
Action
Final rule
Agency
Environmental Protection Agency
Published
October 13, 2026
Takes effect
December 14, 2026
Dates
This final rule is effective on December 14, 2026.
Docket
EPA-HQ-OLEM-2021-0585; FRL-7881.1-02-OLEM
Regulation ID (RIN)
2050-AH38
Code of Federal Regulations
40 CFR 118
Topics
Environmental protection; Hazardous substances; Reporting and recordkeeping requirements; Water pollution control
Pages
7

The document on federalregister.gov PDF

Other documents from the Environmental Protection Agency

Everything from the Environmental Protection Agency · Rules on environmental protection · Rules on hazardous substances · Rules on reporting and recordkeeping requirements · Published in October 2026

Read from the Federal Register API, last updated 2026-10-24. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.