The Environmental Protection Agency (EPA) is proposing a rule that would delay compliance with a rule requiring industrial facilities to develop and implement actions to respond to spills of hazardous materials that could seep into waterways and drinking water from the current compliance date of June 1, 2027 to June 1, 2030.

In addition, the EPA is accepting comments on the proposed rule through April 6, 2026. On March 5, 2026, the EPA posted the Federal Register notice: “Clean Water Act (CWA) Hazardous Substance Facility Response Plans: Compliance Date Delay and Changes to Reflect Administration Policy” that would “delay the compliance date for “facility response plan” (FRP) requirements as well as to make language modifications to align with President Donald Trump’s “climate change and environmental justice policies” outlined in Executive Order 14148—“Initial Rescissions of Harmful Executive Orders and Actions” —issued by Trump on Jan. 20, 2025.

The proposed rule would delay the final rule—“Clean Water Act Hazardous Substance Facility Response Plans”--published by the EPA on March 28, 2024 that requires onshore non-transportation-related facilities to develop 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 as required by the CWA.

A worst case discharge is defined as the largest foreseeable discharge in adverse weather conditions, including a discharge resulting from fire or explosion with the date for plan preparation and submission currently being June 1, 2027, EPA says.

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 in additional executive orders, including Executive Order 13990—“Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” and Executive Order 14096—“Revitalizing Our Nation’s Commitment to Environmental Justice for All.”

EPA’s Further Reasons For Delaying FRP Compliance

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.

The EPA says its 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.

Furthermore, in the final 2024 rule, EPA 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, according to the EPA.

In addition, the proposed rule lists 54 industrial facilities (from agriculture and forestry to waste management, but EPA adds the list is not all encompassing). Covered facilities are expected to benefit from added time to consider any new implementation and compliance assistance tools the Agency may offer. Ultimately, the EPA says delaying the compliance dates for onshore non-transportation related facilities provides those facilities with time to meet the required criteria: Among the actions that have to be met include:

1. Covered facilities in operation on March 30, 2030, must submit the “substantial harm certification form” by June 1, 2030, while covered facilities meeting the applicable criteria after March 30, 2030, have 60 days to submit their form.
2. Initially regulated covered facilities (covered facilities in operation on November 30, 2029, and that meet the criteria are notified by an EPA “regional administrator” shall prepare and submit an FRP by June 1, 2030.
3. Newly regulated covered facilities that are covered facilities that meet the criteria or are notified by an RA after Nov. 30, 2029 shall prepare and submit an FRP within six months of meeting the criteria.
4. Newly constructed facilities that are required to comply (which are covered facilities starting operations after June 1, 2030) shall prepare and submit an FRP and “substantial harm certification form” (SHCF) prior to the start of operations including a 60-day start up period adjustment phase.
5. Covered facilities regulated as a result of a planned event or change shall prepare and submit an FRP and SHCF prior to the start of operations within a 60-day start up period adjustment phase, but no sooner than June 1, 2030.
6. Covered facilities regulated as a result of an unplanned event or change shall prepare and submit an FRP and SHCF within six months of the unplanned event or change, but no sooner than June 1, 2030.

Filing Comments

The EPA 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, the EPA is seeking comment on what activities industry has already undertaken to implement the 2024 rule; 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 supporting data and rationale, if any, for the EPA to consider

The deadline to file comments is April 6, 2026, and all submissions must include the docket identification number (Docket ID No.) established for this proposed rule, which is “Docket ID No. EPA-HQ-OLEM-2021-0585” Comments can be submitted by any of the following methods:

• Federal eRulemaking Portal:https://www.regulations.gov/ (EPA’s preferred method). Follow the online instructions for submitting comments.
• 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.
• 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).

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: broussard.rebecca@epa.gov.