What: On March 5, 2026, the U.S. Environmental Protection Agency (EPA) proposed to delay the facility response plan (FRP) compliance date for worst case discharges of hazardous substances.
Why: In 2024, EPA finalized a rule requiring onshore non-transportation-related facilities to develop FRPs for responding to a worst-case discharge of hazardous substances, or a substantial threat of such a discharge. A worst-case discharge is defined as the largest foreseeable discharge in adverse weather conditions, including a discharge resulting from fire or explosion.
The FRP requirements apply to onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment, based on their location. The current deadline for FRP submission is June 1, 2027. EPA’s proposal would extend the deadline by three years to June 1, 2030.
The EPA’s proposed rule relieves regulatory burdens created by the 2024 FRP rule and the agency has certified it will not have a significant impact on a substantial number of small entities. The proposed rule would cover small businesses in the following sectors:
- Animal Food Manufacturing.
- Sawmills and Wood Preservation.
- Resin and Synthetic Rubber Manufacturing.
- Marine Cargo Handling.
- Electric Power Generation.
- Support Activities for Mining.
Additionally, EPA is proposing certain language modifications to the 2024 rule reflecting the Administration’s climate change and environmental justice policies.
Action:
Review the 2024 FRP rule, Clean Water Act Hazardous Substance Facility Response Plans.
Read the proposed rule and submit comments before the April 6, 2026, deadline.
2024 FRP RULE:
Clean Water Act Hazardous Substance Facility Response Plans
PROPOSED RULE:
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.