OMB Approves EPA Facility Response Delay Final Rule

Yesterday, the OMB’s Office of Information and Regulatory Affairs announced that it had approved a final rule from the EPA on “Clean Water Act Hazardous Substance Facility Response Plans: Compliance Date Delay and Changes to Reflect Administration Policy”. The notice of proposed rulemaking for this action was published on March 5th, 2026. This final rule was sent to OIRA on July 1st, 2026. 

According to the 2026 Unified Agenda entry for this rulemaking:  

“The Clean Water Act (CWA) Section 311(j)(5) provides 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 (EPA) published a final rule in March 2024 to require planning for worst case discharges of CWA hazardous substances under section 311(j)(5)(A). Section 3 of the January 20, 2025, Executive Order 14154 Unleashing American Energy requires an immediate review of agency actions to identify those that may impose an undue burden on the identification, development, or use of domestic energy resources. As EPA considers options, the agency is proposing to extend the compliance date and make administrative changes” 

NOTE: OIRA classifies this as a ‘deregulatory’ action under EO 14192.