EPA Postpones Hazardous Substance Response Plan Deadline Until June 2030

The Environmental Protection Agency finalized a three-year extension of the compliance date for Clean Water Act hazardous substance Facility Response Plans, postponing it from June 1, 2027 to June 1, 2030, and removing climate change and environmental justice language from 40 CFR part 118. The final rule, signed by Administrator Lee Zeldin, was published in the Federal Register of Tuesday, October 13, 2026 (Vol. 91, No. 196, Rules and Regulations, p. 64774) under docket EPA–HQ–OLEM–2021–0585, RIN 2050–AH38 and FR Doc. 2026–20849.

The action amends the Clean Water Act Hazardous Substances Facility Response Plans regulation that EPA finalized on March 24, 2024 (89 FR 21924). It covers onshore, non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment from a worst-case discharge of a CWA hazardous substance into navigable waters, adjoining shorelines or the exclusive economic zone. The regulatory text amending part 118 is carried in the same issue under FR Doc. 2026–20846.

EPA proposed the three modifications on March 5, 2026 (91 FR 10787), after opening an advance notice of proposed rulemaking on February 18, 2026 that accepted comments through May 19, 2026. The agency says compliance tools and models do not yet exist and that any delay shorter than three years would not allow adequate time.

A new compliance calendar

The final rule revises the deadlines in 40 CFR 118.4:

• Initially regulated facilities in operation on November 30, 2029 must prepare and submit an FRP by June 1, 2030.
• Newly regulated facilities have six months from meeting the criteria or from notification by a Regional Administrator.
• Newly constructed facilities starting operations after June 1, 2030 must submit the FRP and the Substantial Harm Certification Form before operations begin, with adjustments after a 60-day operational trial period.
• Facilities regulated by a planned change must submit before the affected portion commences operations.
• Facilities regulated by an unplanned event or change have six months, but no sooner than June 1, 2030.

Climate and environmental justice language removed

EPA is finalizing the language changes to align 40 CFR part 118 with Executive Order 14148 of January 20, 2025, which rescinded E.O. 13990 and E.O. 14096:

• References to climate change in the hazard evaluation provision at 40 CFR 118.11(b)(3)(i) are replaced with “in adverse weather conditions.”
• The phrase “impacts to communities with environmental justice concerns” is deleted from the same provision.
• 40 CFR 118.5(b)(8) is amended to read “potentially exposed or susceptible populations,” and paragraphs (b)(11) and (b)(12) are removed.

EPA argues that disproportionate focus on climate-related hazards could produce uneven applicability determinations and skew planning away from a risk-based approach.

Costs, comments and legal footing

EPA estimates annualized cost savings of $25.97 million and $17.95 million at 7 and 3 percent discount rates, in 2024 dollars; the present value and annualized value of the savings are $348 million and $24 million at a 7 percent discount rate. Small entities with existing facilities that require an FRP would save about $3.91–$7.29 million a year.

The agency received 30 comments: 18 supporting the proposal, 11 opposing and one requesting more information, with 15 from industry groups. EPA rejected requests for a five-year delay and for a 12-month delay, and disagreed with commenters who called the language changes arbitrary or said they would weaken protections for groups facing disproportionate impacts.

The rule is authorized by sections 311(j)(5) and 501(a) of the Clean Water Act (33 U.S.C. 1321(j)(5), 1361(a)), takes effect December 14, 2026, and is severable. The contact is Melissa Kaps, Waste and Chemicals Implementation Division, Office of Resource Conservation and Recovery.

The delay postpones for three years the filing obligation of chemical manufacturers, utilities, oil and gas operators, hospitals, waste managers and local government operations, and removes climate and environmental justice considerations from hazard evaluation. EPA values the deregulatory effect at $348 million in present-value savings; opponents of the change argued during comment that it leaves communities exposed in the interim.

Source: Federal Register, Vol. 91, No. 196, October 13, 2026, Rules and Regulations, p. 64774 (official reference: FR Doc. 2026–20849).