Proposed Rule2026-04388
Clean Water Act Hazardous Substance Facility Response Plans: Compliance Date Delay and Changes To Reflect Administration Policy
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 5, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to delay the compliance date for Facility Response Plan (FRP) requirements as well as to make language modifications to align with the Administration's climate change and environmental justice policies in Executive Order 14148 of January 20, 2025. These requirements are for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment from a CWA hazardous substance worst case discharge to navigable waters, adjoining shorelines, or the exclusive economic zone. This delay action is necessary to allow the Agency to consider implementation and compliance assistance tools that regulated parties may be able to take advantage of when complying with the new requirements. EPA notes that it cannot quantify the number, nature, and magnitude of covered discharges that may occur during the proposed rule delay period.
Full Text
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<title>Federal Register, Volume 91 Issue 43 (Thursday, March 5, 2026)</title>
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[Federal Register Volume 91, Number 43 (Thursday, March 5, 2026)]
[Proposed Rules]
[Pages 10787-10792]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04388]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 118
[EPA-HQ-OLEM-2021-0585; FRL-7881.1-01-OLEM]
RIN 2050-AH38
Clean Water Act Hazardous Substance Facility Response Plans:
Compliance Date Delay and Changes To Reflect Administration Policy
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
delay the compliance date for Facility Response Plan (FRP) requirements
as well as to make language modifications to align with the
Administration's climate change and environmental justice policies in
Executive Order 14148 of January 20, 2025. These requirements are for
onshore non-transportation-related facilities that could reasonably be
expected to cause substantial harm to the environment from a CWA
hazardous substance worst case discharge to navigable waters, adjoining
shorelines, or the exclusive economic zone. This delay action is
necessary to allow the Agency to consider implementation and compliance
assistance tools that regulated parties may be able to take advantage
of when complying with the new requirements. EPA notes that it cannot
quantify the number, nature, and magnitude of covered discharges that
may occur during the proposed rule delay period.
DATES: Comments must be received on or before April 6, 2026.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2021-0585, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments. A plain language summary of the proposed rule is also
available at this address.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, EPA-HQ-OLEM-2021-0585 Docket, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
<bullet> Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday through Friday (except Federal holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Rebecca Broussard, Office of Land and
Emergency Management, Mail Code 5104A, Environmental Protection Agency,
1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number:
(202) 564-6706; email address: <a href="/cdn-cgi/l/email-protection#1371617c6660607261773d61767176707072537663723d747c65"><span class="__cf_email__" data-cfemail="b3d1c1dcc6c0c0d2c1d79dc1d6d1d6d0d0d2f3d6c3d29dd4dcc5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2021-
0585 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. The EPA may
publish any comment received to its public docket. Do not submit to
EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any
[[Page 10788]]
information you consider to be Confidential Business Information (CBI),
Proprietary Business Information (PBI), or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system).
Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for
additional submission methods; the full EPA public comment policy;
information about CBI, PBI, or multimedia submissions; and general
guidance on making effective comments.
II. General Information
On March 28, 2024, EPA published a final rule requiring onshore
non-transportation-related facilities to develop Facility Response
Plans (FRPs) for responding to a worst case discharge of CWA hazardous
substances, or a substantial threat of such a discharge, and submit
them to EPA. A worst case discharge is defined as the largest
foreseeable discharge in adverse weather conditions, including a
discharge resulting from fire or explosion. The FRP requirements apply
to onshore non-transportation-related facilities that could reasonably
be expected to cause substantial harm to the environment, based on
their location. The date for plan preparation and submission is
currently June 1, 2027.
This action proposes a three-year delay of the compliance date by
which a regulated facility is required to prepare and submit their CWA
hazardous substance FRP, to June 1, 2030. The proposal also includes
language modifications to reflect the Administration's policies,
pursuant to the January 20, 2025, Executive Order 14148--Initial
Rescissions of Harmful Executive Orders and Actions, and specifically,
the rescission of Executive Order 13990--Protecting Public Health and
the Environment and Restoring Science to Tackle the Climate Crisis and
of Executive Order 14096--Revitalizing Our Nation's Commitment to
Environmental Justice for All.
A. Does this action apply to me?
A list of NAICS codes at the three-digit level that could be
affected by requirements established under CWA section 311(j)(5) is
provided in table 1.
Table 1--Sectors Potentially Affected by the Proposed Rule
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NAICS NAICS description
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111.......................... Crop Production.
112.......................... Animal Production and Aquaculture.
115.......................... Support Activities for Agriculture and
Forestry.
211.......................... Oil and Gas Extraction.
212.......................... Mining (except Oil and Gas).
213.......................... Support Activities for Mining.
221.......................... Utilities.
236.......................... Construction of Buildings.
237.......................... Heavy and Civil Engineering Construction.
238.......................... Specialty Trade Contractors.
311.......................... Food Manufacturing.
312.......................... Beverage and Tobacco Product
Manufacturing.
313.......................... Textile Mills.
314.......................... Textile Product Mills.
321.......................... Wood Product Manufacturing.
322.......................... Paper Manufacturing.
323.......................... Printing and Related Support Activities.
324.......................... Petroleum and Coal Products
Manufacturing.
325.......................... Chemical Manufacturing.
326.......................... Plastics and Rubber Products
Manufacturing.
327.......................... Nonmetallic Mineral Product
Manufacturing.
331.......................... Primary Metal Manufacturing.
332.......................... Fabricated Metal Product Manufacturing.
333.......................... Machinery Manufacturing.
334.......................... Computer and Electronic Product
Manufacturing.
335.......................... Electrical Equipment, Appliance, and
Component Manufacturing.
336.......................... Transportation Equipment Manufacturing.
339.......................... Miscellaneous Manufacturing.
423.......................... Merchant Wholesalers, Durable Goods.
424.......................... Merchant Wholesalers, Nondurable Goods.
441.......................... Motor Vehicle and Parts Dealers.
444.......................... Building Material and Garden Equipment
and Supplies Dealers.
447.......................... Gasoline Stations.
453.......................... Miscellaneous Store Retailers.
481.......................... Air Transportation.
486.......................... Rail Transportation.
488.......................... Support Activities for Transportation.
493.......................... Warehousing and Storage.
511.......................... Publishing Industries (except Internet).
518.......................... Data Processing, Hosting, and Related
Services.
522.......................... Credit Intermediation and Related
Activities.
531.......................... Real Estate.
541.......................... Professional, Scientific, and Technical
Services.
561.......................... Administrative and Support Services.
562.......................... Waste Management and Remediation
Services.
611.......................... Educational Services.
[[Page 10789]]
622.......................... Hospitals.
624.......................... Social Assistance.
712.......................... Museums, Historical Sites, and Similar
Institutions.
713.......................... Amusement, Gambling, and Recreation
Industries.
811.......................... Repair and Maintenance.
812.......................... Personal and Laundry Services.
921.......................... Executive, Legislative, and Other General
Government Support.
924.......................... Administration of Environmental Quality
Programs.
926.......................... Administration of Economic Programs.
928.......................... National Security and International
Affairs.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding affected entities potentially regulated by
this action. This table includes the types of entities that EPA is
aware could potentially be regulated by this action. Other types of
entities not included in the table could also be regulated. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed in the FOR FURTHER INFORMATION
CONTACT section.
B. What action is the Agency taking?
EPA is proposing to delay the compliance date for regulated
facilities to meet the FRP requirements for worst case discharges of
CWA hazardous substances. The requirements target onshore non-
transportation-related facilities that, because of their location,
could reasonably be expected to cause substantial harm to the
environment by discharging into or on navigable waters, adjoining
shorelines, or the exclusive economic zone.
Additionally, the Agency is proposing certain language
modifications to reflect the Administration's climate change and
environmental justice policies.
C. What is the Agency's authority for taking this action?
This proposed rule is authorized by section 311(j)(5) and 501(a) of
the CWA, (33 U.S.C. 1321(j)(5), 1361(a)).
D. What are the costs and benefits of this action?
EPA has determined that the proposed delay of the compliance date
and the proposed language modifications to align with the
Administration's climate change and environmental justice policies
would have a deregulatory impact for affected facilities, State and
local entities, or the Federal government with cost savings resulting
from the delayed compliance date relative to the baseline. The total
annualized baseline costs of EPA's 2024 final rule are $131.46 million
at 7% and $163.09 million at 3% discount rates, respectively, expressed
in 2022 dollars.\1\ To calculate the cost savings for this proposed
rule, EPA estimates total costs for the CWA hazardous substances FRP
program under the proposed rule, for facilities and the Agency, based
on delaying the 2024 baseline costs by three years. EPA then calculates
the incremental cost savings of the proposed rule as the difference
between FRP program costs in the baseline and the proposed rule
scenario. For each set of costs EPA calculates the present value and
annualized value using 7 percent and 3 percent discount rates
consistent with OMB Circular A-4 and EPA's Guidelines for Preparing
Economic Analysis. Total annualized FRP program costs with the three-
year delay in place are $106.98 million using a 7 percent discount rate
and $146.18 million using a 3 percent discount rate, expressed in 2022
dollars for consistency with the 2024 final rule. The present value of
total cost savings due to the rule is estimated to be $347.7 million
using a 7 percent discount rate and $543.0 million using a 3 percent
discount rate, expressed in 2022 dollars. Total annualized cost savings
due to the proposed rule are $24.48 million using a 7 percent discount
rate and $18.21 million using a 3 percent discount rate, expressed in
2022 dollars for consistency with the 2024 final rule. Expressed in
2024 dollars, annualized cost savings are $25.97 million and $19.33
million using those respective discount rates. EPA's 2024 final rule
assessed benefits of the CWA hazardous substance FRP program
qualitatively, and therefore, there is no quantifiable effect of this
proposed rule on benefits. Qualitatively, the costs of this proposed
rule comprise the foregone benefits associated with extending the
compliance date of the 2024 rule by three years.
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\1\ To achieve consistency with the infinite time horizon
requirement set forth in Executive Order 14192, EPA estimated
baseline compliance costs through the year 2100, which EPA believes
is a sufficient proxy of this concept, capturing the long-term,
steady-state effects of the 2024 final rule. The same time horizon
through the year 2100 was also used for calculating programs costs
under the proposed delay.
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III. Background
The CWA section 311(j)(5)(A)(i) states, ``[t]he President shall
issue regulations which require an owner or operator of a tank vessel
or facility . . . to prepare and submit to the President a plan for
responding, to the maximum extent practicable, to a worst case
discharge, and to a substantial threat of such a discharge, of oil or a
hazardous substance.'' The EPA Administrator was delegated authority
under E.O. 12777 of October 18, 1991, Implementation of section 311 of
the Federal Water Pollution Control Act of October 18, 1972, as
amended, and the Oil Pollution Act of 1990 (56 FR 54757), for onshore
non-transportation related facilities under this statutory provision.
The EPA Administrator also has authority under CWA section 501 to
prescribe such regulations as are necessary to carry out provisions of
the Act.
On March 28, 2022, EPA proposed the CWA Hazardous Substance Worst
Case Discharge Planning Regulations (87 FR 17890); on March 28, 2024,
EPA issued final FRP requirements for worst case discharges of CWA
hazardous substances (89 FR 21924). The requirements are 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 date for plan submission is
currently June 1, 2027.
IV. Proposal To Delay the Compliance Date and Make Language
Modifications To Align With the Administration's Climate Change and
Environmental Justice Policies
For all the provisions detailed in this section and in this action,
the EPA intends these provisions to be severable. In the event that any
individual provision or part of the rule is
[[Page 10790]]
invalidated, EPA intends that this would not render the entire rule
invalid, and that any individual provisions that can continue to
operate will be left in place. The rule contains a few discrete
provisions that operate independent of each other.
A. Delay the Compliance Date
This proposed rule would delay by three years the compliance date
for the CWA hazardous substance FRP requirements, to June 1, 2030. This
proposed delay action would allow the Agency to consider implementation
and compliance assistance tools that regulated parties may be able to
take advantage of when complying with the new requirements.
Specifically, the Agency proposes to delay the compliance dates in 40
CFR 118.4 (a) for onshore non-transportation related facilities
(hereafter, covered facilities or facility) as follows:
<bullet> Covered facilities meeting the applicable criteria in 40
CFR 118.3 (a) and (b) but not (c) that are in operation on March 30,
2030, must submit the Substantial Harm Certification Form by June 1,
2030, while covered facilities meeting the applicable criteria in 40
CFR 118.3 (a) and (b) after March 30, 2030, have 60 days to submit
their form.
<bullet> Initially regulated covered facilities (covered facilities
in operation on November 30, 2029, and that meet the criteria in 40 CFR
118.3 or are notified by a Regional Administrator (RA) as in Sec.
118.5) shall prepare and submit an FRP by June 1, 2030.
<bullet> Newly regulated covered facilities (covered facilities
that meet the criteria in 40 CFR 118.3 or are notified by an RA as in
Sec. 118.5 after November 30, 2029) shall prepare and submit an FRP
within six months of meeting the criteria.
<bullet> Newly constructed covered facilities (covered facilities
starting operations after June 1, 2030) shall prepare and submit an FRP
and Substantial Harm Certification Form prior to the start of
operations and including a 60-day start up period adjustment phase.
<bullet> Covered facilities regulated as a result of a planned
event or change shall prepare and submit an FRP and Substantial Harm
Certification Form prior to the start of operations and including a 60-
day start up period adjustment phase, but no sooner than June 1, 2030.
<bullet> Covered facilities regulated as a result of an unplanned
event or change shall prepare and submit an FRP and Substantial Harm
Certification Form within six months of the unplanned event or change,
but no sooner than June 1, 2030.
EPA recognized in the 2024 final rule the complexity of
implementing this new program. For example, there are many variables to
consider in determining appropriate endpoints for all CWA hazardous
substances present in a facility above the threshold. CWA hazardous
substances and mixtures can be present onsite in myriad types of
containers and configurations. Modeling worst case discharge scenarios
and making substantial harm calculations will be needed to determine
not only applicability but also to inform the development of the FRPs.
In the final 2024 rule, EPA also signaled its intent to provide tools
and compliance assistance to help the regulated community comply with
these new requirements. While EPA considered this need when
establishing the compliance date in the final rule, the proposed delay
in this action is necessary to fully assess and consider the range of
compliance assistance tools that may be needed to best support
implementation of the new requirements. The Agency proposal to extend
the compliance date by three years is based on timeframe expectations
for the Agency to consider implementation and compliance assistance
tools and approaches that would best support the regulated community.
Facility owners and operators are also expected to benefit from added
time to consider any new implementation and compliance assistance tools
the Agency may offer. Ultimately, the Agency expects the proposed delay
in the compliance date to both promote compliance and ensure well-
developed FRPs.
The Agency is soliciting comments on the proposed compliance date
delay, and specifically, on whether compliance with the current rule
may take longer than the two years now allowed by the current date of
June 1, 2027. If so, comments should include supporting rationale for
why compliance would take longer than two years, referencing for
example expected activities needed for regulated facilities to comply
with the new requirements. Additionally, EPA seeks comment on what
activities industry has already undertaken to implement the 2024 rule.
The Agency is also seeking comments on whether the proposed delay
timeframe is reasonable and whether a longer or shorter timeframe may
be more appropriate and/or feasible. Comments should include a
supporting rationale and supporting data, if any, for the Agency to
consider.
B. Modifications To Align With Administration Policies and Strengthen
Community Protection
Revisions to 40 CFR part 118 are necessary to reflect the
Administration's policies, pursuant to the January 20, 2025 Executive
Order (E.O.) 14148--Initial Rescissions of Harmful Executive Orders and
Actions. E.O. 14148 specifically orders the rescission of E.O. 13990--
Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis and of E.O. 14096--Revitalizing Our Nation's
Commitment to Environmental Justice for All. Thus, the Agency is
proposing modified language that removes references to climate change
and environmental justice from the CWA hazardous substance FRP
requirements.
An independent reason for this proposed action is that, upon
reconsideration, EPA is concerned that undue focus on particular
communities rather than on the risks posed to the community by any CWA
hazardous substance release could lead to improper planning. Indeed,
comprehensive substantial harm criteria should protect all communities.
Similarly, disproportionate focus on climate-related hazards may result
in uneven applicability determinations, which could skew planning away
from a risk-based approach. This unintended consequence could lead to
planning based upon highly unlikely events, rather than more common
scenarios.
In addition, in 40 CFR 118.5, Regional Administrators (RA) may
determine that a facility could cause substantial harm to the
environment based on a variety of potential impacts or effects,
negating the need for specific language for specific types of
populations. The criteria in 40 CFR 118.3 are designed to capture the
bulk of those facilities that could reasonably be expected to cause
substantial harm to the environment. However, because of the size and
diversity of the types of facilities within the regulated community,
EPA believes that there are facilities that will not meet the criteria
in Sec. 118.3, but may, due to facility-specific or location-specific
circumstances, pose sufficient risk to the environment to be designated
as being able to cause substantial harm to the environment.
Accordingly, EPA has included the ability of the RA to make a case-by-
case determination. The Agency recognizes that RAs possess unique
knowledge of Region-specific considerations, and it is consistent with
EPA's responsibilities under E.O. 12777 to designate facilities on a
case-by-case basis that could reasonably be expected
[[Page 10791]]
to cause substantial harm to the environment.
Specifically, the Agency proposes modifications as follows:
<bullet> Remove the term ``climate change'' and the associated
examples from the definition of ``adverse weather'' under 40 CFR 118.2.
<bullet> Remove reference to ``climate change'' from the passive
mitigation provision under 40 CFR 118.5(b)(7).
<bullet> Remove ``Potential to adversely impact communities with
environmental justice concerns'' provision under 40 CFR 118.5(b)(8),
and amended to read ``potentially exposed or susceptible populations.''
<bullet> Remove reference to ``climate change'' in adverse weather
provision under 40 CFR 118.5(b)(9).
<bullet> Remove ``impacts to communities with environmental justice
concerns'' from the hazard evaluation provision under 118.11(b)(3)(i).
<bullet> Remove ``impacts of climate change'' and associated
examples from the hazard evaluation provision under 118.11(b)(3)(i) and
replace with ``in adverse weather conditions.''
E.O. 14148 section 2, Revocation of Orders and Actions,
specifically lists for recission both E.O. 13990 (Protecting Public
Health and the Environment and Restoring Science to Tackle the Climate
Crisis) and E.O. 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All). E.O. 14148 section 3, Implementation,
specifically directs the heads of each agency to take immediate action
to effectuate the revocations described in section 2 of the order and
end federal implementation of those mandates. These actions include the
``review (of) all Federal Government actions taken pursuant to the
orders, memoranda, and proclamations listed in section 2 of this order
and take necessary steps to rescind, replace, or amend such actions as
appropriate.'' The modified language EPA is proposing is consistent
with E.O. 14148. The Agency seeks comment on these proposed
modifications including on any significant reliance interests that may
be implicated. Any alternative language, examples, or approaches
presented should include a supporting rationale and supporting data, if
any, for the Agency to consider.
V. Statutory and Executive Order Reviews
Additional information about these statutes and executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review. Any changes
made in response to OMB recommendations have been documented in the
docket. The EPA prepared an economic analysis of the potential costs
and benefits associated with this action. This analysis is available in
the docket.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is expected to be an Executive Order 14192 deregulatory
action. Details on the estimated cost savings of this proposed rule can
be found in EPA's analysis of the potential costs and benefits
associated with this action.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This proposed rule would only delay the compliance date of the
Clean Water Act Hazardous Substance Facility Response Plan Regulation
finalized on March 28, 2024 (see 89 FR 21924) and remove some
administrative items; it does not propose any new information
collection activities.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the EPA concludes that the impact of concern
for this rule is any significant adverse economic impact on small
entities and that the agency is certifying that this rule will not have
a significant economic impact on a substantial number of small entities
because the rule has no net regulatory burden on the small entities
subject to the rule. The proposed delay of the compliance date for the
Clean Water Act Hazardous Substance Facility Response Plan Regulation
finalized on March 24, 2024 would not impose a regulatory burden for
small entities (see 89 FR 21924). This proposed rule would not impose a
regulatory burden for small entities because it only proposes to delay
the compliance date of the Clean Water Act Hazardous Substance Facility
Response Plan Regulation finalized on March 24, 2024 (see 89 FR 21924).
We have therefore concluded that this action will have no net
regulatory burden for all directly regulated small entities.
E. Unfunded Mandates Reform Act
This action does not contain any unfunded mandates as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or Tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. This proposed rule would only delay the
compliance date of the CWA Hazardous Substance Facility Response Plan
regulation finalized on March 24, 2024 (see 89 FR 21924) and does not
propose any new regulatory requirements. Thus, Executive Order 13175
does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. Therefore, this action is not subject to Executive
Order 13045 because it does not concern an environmental health risk or
safety risk. Since this action does not concern human health, EPA's
Policy on Children's Health also does not apply.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. The proposed rule will not cause
reductions in the supply or production of oil, fuel, coal, or
electricity; nor will it result in increased energy prices, increased
cost of energy distribution, or an increased dependence on foreign
supplies of energy.
[[Page 10792]]
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
List of Subjects in 40 CFR Part 118
Environmental protection, Hazardous substances, Reporting and
recordkeeping requirements, Water pollution control.
Lee Zeldin,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency proposes to amend 40 CFR part 118 as follows:
PART 118--CLEAN WATER ACT HAZARDOUS SUBSTANCES FACILITY RESPONSE
PLANS
0
1. Revise the authority citation for part 118 to read as follows:
Authority: 33 U.S.C. 1251 et seq.; Executive Order 11735,
superseded by Executive Order 12777, 56 FR 54757; and Executive
Order 14148, 90 FR 8237.
0
2. Amend Sec. 118.2 by revising the definition ``adverse weather'' to
read as follows:
Sec. 118.2 Definitions.
* * * * *
Adverse weather means weather conditions that make it difficult for
response equipment and personnel to clean up or respond to discharged
CWA hazardous substances, and that must be considered when identifying
response systems and equipment in a response plan for the applicable
operating environment.
* * * * *
0
3. Amend Sec. 118.4 by revising paragraphs (a)(1) through (5) to read
as follows:
Sec. 118.4 General requirements.
(a) * * *
(1) Initially regulated facilities. The owner or operator of a non-
transportation related onshore facility in operation on November 30,
2029, that satisfies the criteria in Sec. 118.3 shall prepare and
submit a facility response plan that satisfies the requirements of this
section and appendix A: Substantial Harm Certification Form to the
Regional Administrator by June 1, 2030.
(2) Newly regulated facilities. The owner or operator of a non-
transportation related onshore facility that did not satisfy the
criteria in Sec. 118.3 on November 30, 2029, but satisfies the
criteria in Sec. 118.3 after November 30, 2029 or that is notified by
the Regional Administrator pursuant to Sec. 118.5 shall prepare and
submit a facility response plan that satisfies the requirements of this
section and appendix A: Substantial Harm Certification Form to the
Regional Administrator within six months of meeting the criteria or
notification.
(3) Newly constructed facilities. For a newly constructed non-
transportation related onshore facility that commences operation after
June 1, 2030, and is required to prepare and submit a facility response
plan based on the criteria in Sec. 118.3, the owner or operator shall
submit the facility response plan and appendix A: Substantial Harm
Certification Form to the Regional Administrator prior to the start of
operations. Adjustments to the facility response plan to reflect
changes that occur during the start-up phase of operations must be
submitted to the Regional Administrator after an operational trial
period of 60 days.
(4) Facilities regulated as a result of a planned event or change.
For a non-transportation related onshore facility required to prepare
and submit a facility response plan after June 1, 2030, as a result of
a planned change in design, construction, operation, or maintenance so
that the non-transportation related onshore facility now meets the
criteria in Sec. 118.3 of this part, the owner or operator shall
submit the facility response plan and appendix A: Substantial Harm
Certification Form to the Regional Administrator before the portion of
the non-transportation related onshore facility undergoing the planned
change commences operations. Adjustments to the facility response plan
to reflect changes that occur during the start-up phase of operations
must be submitted to the Regional Administrator after an operational
trial period of 60 days.
(5) Facilities regulated as a result of an unplanned event or
change. For a non-transportation related onshore facility required to
prepare and submit a facility response plan after June 1, 2030, as a
result of an unplanned event or change in facility characteristics that
renders the non-transportation related onshore facility subject to the
criteria in Sec. 118.3, the owner or operator shall submit the
facility response plan and appendix A: Substantial Harm Certification
Form to the Regional Administrator within six months of the unplanned
event or change.
* * * * *
0
4. Amend Sec. 118.5 by:
0
a. Revising paragraphs (b)(7) through (10); and
0
b. Removing paragraphs (b)(11) and (12).
The revision reads as follows:
Sec. 118.5 Regional Administrator determination of substantial harm
and significant and significant and substantial harm.
* * * * *
(b) * * *
(7) Lack of passive mitigation measures or systems;
(8) Reportable discharge history; or
(9) Other site-specific characteristics and environmental factors
that the Regional Administrator determines to be relevant to recovery,
shoreline protection, and cleanup; or
(10) Density of facilities with CWA hazardous substances onsite in
the immediate area.
* * * * *
0
5. Amend Sec. 118.11 by revising paragraph (b)(3)(i) to read as
follows:
Sec. 118.11 Facility response plan requirements.
* * * * *
(b) * * *
(3) * * *
(i) Chemical-specific information, including the response
considerations, health hazards, fire hazards, chemical reactivity,
hazard classifications, and physical and chemical properties; and
potential effects of a CWA hazardous substance worst case discharge as
per 118.10 in adverse weather conditions. Illustrative diagrams of the
hazard evaluation should be included.
* * * * *
[FR Doc. 2026-04388 Filed 3-4-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on March 5, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.