Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule from the EPA on “Clean Water Act Hazardous Substance Facility Response Plans”. This rulemaking is mandated by a consent decree in the US District Court, Southern District Of New York. The notice of proposed rulemaking for this rule was published [removed from paywall] on March 28th, 2022. I did a two-article analysis of the provisions of the NPRM (see here [removed from paywall]).
According to the entry for this rulemaking in the Spring 2023 Unified Agenda:
“The Clean Water Act (CWA) states that regulations shall be issued "which require an owner or operator of a tank vessel or facility ... to prepare and submit ... a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of … a hazardous substance." The Environmental Protection Agency proposed a regulatory action to require planning for worst case discharges of CWA hazardous substances under section 311(j)(5)(A). This regulatory action is being conducted under the terms of a consent decree entered into on March 12, 2020, which requires that a proposed action is signed within 24 months of the final agreement and that a final action follow within 30 months of the publication of the proposed rule. EPA plans to promulgate a final rule by Spring 2024 meet the terms of the Consent Decree.”
The consent decree requires the EPA to publish the final
rule by September 30th, 2024.
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