On March 28, 2024, the U.S. Environmental Protection Agency (EPA) published its Final Rule: Clean Water Act Hazardous Substance Facility Response Plans (Final Rule), requiring certain facilities to develop Facility Response Plans (FRP) for a worst-case discharge of Clean Water Act (CWA) hazardous substances, or threat of such a discharge.
A worst-case discharge is the largest foreseeable discharge in adverse weather conditions, including extreme weather conditions.
Facilities subject to the rule must prepare response plans in the event of worst-case discharges or threat of such discharges and submit them to EPA.
The Facility Response Plan requirements apply to facilities that could reasonably be expected to cause substantial harm to the environment, based on their location. These include facilities with: