As is currently written, the CWA Hazardous Substance FRP (HS FRP) requirements apply to the following facilities:
- Have a maximum onsite quantity of any CWA hazardous substance that meets or exceeds 1,000 times the Reportable Quantity (see 40 CFR 117.3); and
- Are within 0.5 miles of navigable water or conveyance to navigable water; and
- Meet the defined substantial harm criteria.
The USEPA developed a figure illustrating the applicability criteria. Click here to see the figure.
During the open comment period, the USEPA sought feedback on various aspects of the rule’s applicability, including the quantity threshold, distance to navigable waters, and the definition of substantial harm criteria. Based on this, amendments could be made to the applicability section of the rule.
Regardless of the potential amendments to this rule or the proposed extension, HS FRPs are detailed, comprehensive plans. Determining applicability alone will be a complex process, and, if required, HS FRPs will take months to prepare, likely requiring capital expenditures and implementation time.
NGE has been developing environmental plans for many years. Let NGE’s experts help you navigate these complex regulations.