EPA Seeks Comments on Proposed Clean Water Act Hazardous Substance Worst Case Discharging Planning Regulations

On March 28, 2022, the Environmental Protection Agency published a notice of proposed rulemaking that would require an owner or operator of an onshore non-transportation facility to prepare and submit a plan for responding to a worst case discharge of a hazardous substance into or on the navigable waters, adjoining shorelines, or exclusive economic zones. The proposed rule is expected to affect a wide array of industries including, crop production, oil and gas, mining, utilities, organic and non-organic manufacturing, transportation, hospitals, education, and warehousing. The response plan would identify the facility, its owner and operator, hazard evaluation, its reportable discharge history, a description of its response personnel and equipment, evidence of contracts or other approved means to ensure the availability of personnel and equipment, notification lists, discharge information, disposal plans, and more. Comments on the proposed rule are due May 27, 2022.

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