EPA delays CWA hazardous substances FRPs by 3 years

EPA issued a final rule on October 13, 2026, extending the compliance date to submit Facility Response Plans (FRPs) for worst-case discharges of Clean Water Act (CWA) hazardous substances by 3 years.

Effective December 14, 2026, the final rule also removes provisions related to climate change and environmental justice.

Who’s impacted?

The extension affects facilities subject to the FRP requirements of 40 CFR Part 118. These include onshore non-transportation-related facilities that:

• Could be reasonably expected to cause substantial harm to the environment by discharging a CWA hazardous substance (117.3) into or on the navigable waters, adjoining shorelines, or exclusive economic zone; and
• Meet the applicability criteria listed at 118.3.

What are the changes?

The agency moved the deadline from June 1, 2027, to June 1, 2030, providing regulated facilities additional time to prepare and submit their CWA hazardous substances FRPs to EPA. Covered entities must also submit a Substantial Harm Certification Form (Appendix A to Part 118) with the FRP.

* If changes occur during startup, facilities must submit adjustments to the FRP after a 60-day operational trial period.

EPA also removed the following factors considered during the substantial harm determination:

• Enhancing resilience to climate change as a passive mitigation measure or system,
• Possible vulnerability to adverse weather conditions caused by climate change, and
• Potential adverse impacts to communities with environmental justice concerns.

Further, the agency removed requirements to include the impacts of climate change and the impacts on communities with environmental justice concerns in the hazard evaluation.

Key to remember: EPA extended the compliance deadline to June 1, 2030, for entities to submit Facility Response Plans for worst-case discharges of CWA hazardous substances.