The Office of Resource Conservation and Recovery in the Office of Land and Emergency Management is initiating consultation with federally recognized Indian Tribes on the Clean Water Act Hazardous Substance Facility Response Plans: Compliance Date Delay and Changes to Reflect Administration Policy Proposed Rule.
In this rulemaking, the EPA proposes to extend the compliance date for Facility Response Plan (FRP) requirements addressing potential worst-case discharges of Clean Water Act (CWA) hazardous substances. The requirements, published in the Federal Register on March 28, 2024, target onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment by discharging a CWA hazardous substance to navigable waters, adjoining shorelines, or the exclusive economic zone. The EPA is proposing to extend by three years, from June 1, 2027, to June 1, 2030, the compliance date by which regulated facilities are to prepare and submit their CWA hazardous substance FRP to the EPA. Extending the compliance date may be necessary to allow regulated parties adequate time to prepare for and meet the new requirements while the agency is developing implementation and compliance assistance tools. This action also proposes language modifications to align with the Administration’s policies.
If you would like to request government-to-government consultation with the EPA on this Proposed Rulemaking, please have your staff contact Denise Roy via email at roy.denise@epa.gov by March 26, 2026. Please also identify a Tribal representative to serve as a point of contact for planning purposes. The EPA will work with your staff to schedule the consultation meeting with your Tribal government as requests are received. If you have questions related to the proposed rule, please contact Denise Roy via email at roy.denise@epa.gov. To assist you with deciding whether to request consultation, the EPA will host an informational webinar for Tribes to explain the agency’s Proposed Rule on March 19, 2026, 2:00 – 3:00 p.m. (ET). You may register for the informational webinar at: https://usepa.zoomgov.com/meeting/register/2RDwv7h-QzO99WmKWQsnGA.
The EPA will accept public comments on the Proposed Rulemaking after publication in the Federal Register. Tribes are encouraged to submit comments to the docket (regulations.gov, docket #EPA-HQ-OLEM-2021-0585) on the proposal, as well as any other information that you believe may be relevant to the rule development. All comments must be received no later than the end of the public comment period. The EPA, in the development of the final rule, will consider all comments submitted during the concurrent public comment and Tribal consultation periods.
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