The United States Environmental Protection Agency (USEPA) has made two key announcements regarding the Clean Water Act (CWA) Hazardous Substance Facility Reporting Plan (FRP) Rule. They are both considering amendments to elements of the rule while proposing a deadline extension to the compliance deadline.
If finalized, the extension would move the current compliance date from June 1, 2027, to June 30, 2030.
Facilities that are subject to CWA compliance should stay informed throughout the reconsideration process and public comment period.
CWA HAZARDOUS SUBSTANCE FRP OVERVIEW
The CWA Hazardous Substance FRP Rule requires facilities that store substances above a regulatory threshold to develop and maintain facility response plans.
This applies to facilities that have the potential to cause substantial harm to navigable waters if these substances are released.
WHAT CHANGES ARE BEING PROPOSED?
The USEPA has proposed two regulatory actions related to the CWA FRP Rule.
RULES RECONSIDERATION
First, the USEPA has proposed amendments to applicability, implementation, and compliance expectations. These changes would address regulatory burdens on facilities without compromising planning requirements aimed at protecting human health or environmental responsibilities, especially for worst-case discharges.
Public comment for these amendments is open through March 20, 2026.
DEADLINE EXTENSION
Alongside these amendments, the USEPA has also proposed a three-year extension deadline for the CWA Hazardous Substance FRP. If finalized, reporting requirements would be due on June 30, 2030.
These proposed changes are intended to give facilities additional time for:
- Regulatory clarification
- Facility planning and implementation
The public comment period for this extension is open through April 6, 2026.
WHO COULD BE AFFECTED?
Facilities subject to CWA FRP Reporting, which include operations that store or handle hazardous substances that could be a risk to navigable water.
Potential sectors include:
- Manufacturing facilities
- Chemical processing operations
- Energy production facilities
- Oil and gas operations
- Hazardous waste facilities
- Mining and mineral processing sites
- Industrial facilities with stormwater discharges
If your facility is located near a stream or body of water, you may be more likely to be subject to these regulations.
WHY THIS MATTERS
- Facilities may receive additional time to prepare FRPs
- EPA is reconsidering elements of the rule that affect facility applicability and requirements
- Companies should monitor the rulemaking process before investing heavily in compliance planning
- Public comments could shape final reporting expectations
HOW NGE CAN HELP
NGE’s environmental compliance team has experience to help facilities prepare for CWA Hazardous Substance FRP regulations and compliance planning.
NGE can assist with:
- Evaluating whether your facility may be affected by the CWA Hazardous Substance FRP Rule
- Reviewing existing spill prevention and response programs
- Developing or refining Facility Response Plans
- Monitoring regulatory updates and compliance timelines
Contact NGE if you need help determining whether your facility may be affected by the CWA Hazardous Substance FRP rule.