It has been over a year since the US Environmental Protection Agency (EPA) finalized a major rule (March 14, 2024) that could significantly impact your facility’s compliance responsibilities. If your operations involve listed hazardous wastes or other Clean Water Act (CWA) hazardous substances, you may now be required to develop a Facility Response Plan (FRP) for worst-case discharge scenarios.
Who does this apply to?
The most common types of facilities that fall under these requirement updates include (but are not limited to):
- Chemical manufacturing plants.
- Pharmaceutical facilities.
- Petroleum refineries and petrochemical plants.
- Metal processing and finishing operations.
- Waste treatment and disposal facilities.
- Large-scale industrial operations handling hazardous materials.
What’s changed?
The EPA has established a two-step process to determine whether the rule applies to a facility:
Step 1: The facility stores CWA hazardous substances at or above threshold quantities. (Specifically, 1,000 x the reportable quantity [RQ] listed in 40 Code of Federal Regulations [CFR] 117.3).
Step 2: The facility is located within 0.5 miles of navigable waters or conveyance to navigable waters.
If both steps are met, a facility must then be evaluated against four “substantial harm” criteria:
1. Could it adversely impact a public water system?
2. Could it cause injury to fish, wildlife, or sensitive environments?
3. Could it cause injury to public receptors (like schools or parks)?
4. Has it had a reportable discharge of CWA hazardous substances to navigable water within the last five years?
If the answer is yes to any of these, the facility must prepare and submit an FRP to the EPA.
When to act
The Clean Water Act Hazardous Substance Facility Response Plans final rule became effective May 28, 2024. The EPA included an implementation period to allow facilities time to familiarize themselves with the rule requirements and prepare plans.
- Existing facilities (in operation on November 30, 2026) must implement the requirements of the new regulations by June 1, 2027.
- New facilities (in operation after November 30, 2026) must comply within six months of starting operations.
- Covered facilities starting operations after June 1, 2027, must comply prior to the start of operations, including a 60-day start-up period adjustment phase.
Why this matters
Although these deadlines may seem far off, many facilities that have operated for years without FRP requirements suddenly find themselves subject to comprehensive emergency response planning obligations. If your organization now falls within the scope of this rule, begin developing your FRP today.
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