EPA Proposes Delaying ‘Facility Response Plan’ Compliance for Three Years

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.