Thursday, March 28, 2024

Review - EPA Publishes Worst Case Discharge Final Rule

Today the EPA published a final rule in the Federal Register (89 FR 21924-21967) on “Clean Water Act Hazardous Substance Facility Response Plans”. The final rule was approved by OMB’s Office of Information and Regulatory Affairs (OIRA) on February 21st, 2024. The notice of proposed rulemaking was published on March 28th, 2022 (with additional coverage here and here). This rule establishes facility response plan requirements for worst case discharges of Clean Water Act (CWA) hazardous substances for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment by discharging a CWA hazardous substance into or on the navigable waters, adjoining shorelines, or exclusive economic zone.

The effective date for the final rule is May 28th, 2024.


For more information about this final rule, including a look at the differences between it and it predecessor notice of proposed rulemaking, see my article a CFSN Detailed Analysis - - subscription required.

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