Review – EPA Publishes Hazardous Substance Facility Response Plans ANPRM

Today the EPA published an advanced notice of proposed rulemaking in the Federal Register (91 FR 7415-7420) on: “Clean Water Act Hazardous Substance Facility Response Plans; Amendment Reconsideration”. This rulemaking seeks feedback on potential amendments to address implementation challenges and clarify requirements from the 2024 final rule.

Background Information

The preamble to this ANPRM provides a detailed discussion about the provisions of the 2024 rulemaking. It then goes on to discuss the implementation issues that have arisen since that final rule was put into place. These include issues related to facility applicability and program implementation.

Public Comments

The EPA is soliciting public comments on this ANPRM. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # EPA-HQ-OLEM-2025-1707). Comments should be submitted by March 20^th, 2026.

 

For more information about this proposed rulemaking, including a look at the questions the EPA is providing for consideration, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/epa-publishes-hazardous-substance - subscription required.