EPA Sends Response Plans Delay Final Rule to OMB

On Wednesday, 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: Compliance Date Delay and Changes to Reflect Administration Policy”. The notice of proposed rulemaking was published on March 5th, 2026. 

I do not expect to cover this rulemaking in any detail out of disrespect for the action being taken. I will, however, acknowledge publication of the final rule in the appropriate Short Take post. 

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.

CG Announces CTAC Meeting

Today the Coast Guard published a meeting notice in the Federal Register (83 FR 5638-5640) for a three-day meeting of the Chemical Transport Advisory Committee on March 7-9, 2018 in Houston, TX. Subcommittee meetings will take up the first two days.

There are two subcommittees that maybe of specific interest to readers of this blog:

• Hazardous Substance Response Plans for Tank Vessels and Facilities (HAZSUB Twins) (Fall 2017 Report, PPT download); and

• Hazardous Cargo Transportation Security Subcommittee (Fall 2017 Report, PPT download).

The full Committee meeting will review the work of the subcommittees and formulate recommendations to the Commandant on their activities. Additionally, presentations will be made on:

• CG update on International Maritime Organization activities as they relate to the marine transportation of hazardous materials; and

• Presentation of interest related to safe and secure shipment of hazardous materials.

Public attendance is encouraged, but advance registration is required. Public comment periods will be included in all meetings. Written comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; docket # USCG-2018-0042). Comments to be considered at this meeting must be submitted by February 28^th, 2018.

PHMSA Publishes 60-Day ICR Notice for 8 ICRs

Today the DOT Pipeline and Hazardous Material Safety Administration published a 60-day information collection request (ICR) notice in the Federal Register (79 FR 8535-8538) covering eight separate ICRs that PHMSA will be requesting that OMB renew. Those ICRs are:

• Requirements for Cargo Tanks, 2137-0014;

• Hazardous Materials Incident Reports, 2137-0039;

• Flammable Cryogenic Liquids, 2137-0542;

• Container Certification Statement, 2137-0582;

• Response Plans for Shipments of Oil, 2137-0591;

• Hazardous Materials Security Plans, 2137-0612;

• Inspection and Testing of Meter Provers, 2137-0620; and

• Requirements for United Nations (UN) Cylinders, 2137-0621.

Publication of multiple ICRs like this typically means that no changes are being made and that is the case here. The total number of responses and the total burden hours for all of these ICRs remains the same as currently approved.

PHMSA is soliciting public comment on these ICR renewals. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # PHMSA-2013-0002) and should be submitted by April 14^th, 2014.