EPA Finalizes CWA Hazardous Substance Facility Response Plans Rule

Overview

On March 28, 2024, the EPA finalized a new rule entitled “Clean Water Act (CWA) Hazardous Substance Facility Response Plans.” The rule requires facilities that store substances deemed hazardous under the CWA to create a plan detailing their response in the event of serious weather or other disasters such as a fire, explosion, flood, etc. The list of substances deemed hazardous under the CWA is found at 40 CFR 116.4. The final federal register notice, including the full text of the rule is linked here.  

Determining Applicability  

There is a two-step screening process to determine if a facility is covered under the rule. If both prongs are met, then the owner or operator of the facility must assess the ability to cause substantial harm...