What: On February 18, 2026, the U.S. Environmental Protection Agency (EPA) issued an advanced notice of proposed rulemaking seeking feedback on Clean Water Act (CWA) facility response plan requirements, issued in 2024, for worst-case discharges of hazardous substances.
Why: The EPA lists over 55 different sectors of the economy that the facility response plan requirements could impact. The requirements focus on facilities that could cause substantial environmental harm from discharging a hazardous substance into navigable waters.
The EPA identified multiple implementation challenges given the complex nature of the new rules. Furthermore, the regulated community identified additional process challenges in implementing the requirements.
The EPA seeks feedback on the application and implementation of the 2024 rule. The agency is seeking to identify ways to address implementation challenges and clarify the existing requirements and reduce regulatory burdens.
Action: Read the proposed rule and submit comments by the March 20, 2026, deadline.
FEDERAL REGISTER NOTICE:
Clean Water Act Hazardous Substance Facility Response Plans; Amendment Reconsideration
CONTACT:
Nick Goldstein
EMAIL:
Regulatory Alerts
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.