Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 21 OCTOBER 2026

EPA Delays Clean Water Act Hazardous Substance Facility Response Plan Requirements Until 2030

Beveridge & Diamond, P.C.
Explore more from Beveridge & Diamond, P.C.

The U.S. Environmental Protection Agency has extended the compliance deadline for Clean Water Act hazardous substance Facility Response Plan requirements by three years, from June 2027 to June 2030, while simultaneously removing references to climate change and environmental justice from the regulations. This significant delay affects industrial and commercial facilities handling hazardous substances near navigable waters, giving them substantially more time to prepare as EPA reconsiders portions of the und

United StatesEnvironment
Richard Davis
Richard Davis
Erika H. Spanton
Erika H. Spanton
Allyn L. Stern
Allyn L. Stern
Timothy M. Sullivan
Timothy M. Sullivan
Timothy F. Nevins
Timothy F. Nevins

Key Takeaways

  • What Happened: The U.S. Environmental Protection Agency (EPA) delayed by three years the compliance deadline for its Clean Water Act (CWA) hazardous substance Facility Response Plan (FRP) requirements, from June 1, 2027, to June 1, 2030. EPA’s new rule also removes references to climate change and environmental justice (EJ) from the related regulations, which may narrow the range of scenarios that facilities must consider when developing their hazard evaluations. EPA published the final rule in the Federal Register on October 13, 2026, and it will take effect on December 14, 2026.
  • Who’s Impacted: The rule affects onshore, non-transportation-related industrial and commercial sectors and facilities that handle hazardous substances at or above current reportable quantity thresholds. As discussed in B&D’s April 2024 News Alert, facilities subject to the rule include manufacturing and chemical plants, storage operations, utilities, and other facilities that store CWA

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Texas Governor Abbott Directs TCEQ To Freeze All Data Center Permits In A Whole-of-Government Action

Governor Greg Abbott has ordered the Texas Commission on Environmental Quality to immediately halt all environmental permits for data center projects, expanding a statewide regulatory freeze that now encompasses power, water, and environmental approvals. This directive establishes strict operational mandates requiring data centers to fully fund infrastructure costs, report all resource consumption...
United StatesEnvironment
Foley & Lardner LLP
Foley & Lardner LLP
Article

Governor Abbott Orders TCEQ To Pause All Permit Issuance For Data Center Projects

Governor Abbott has ordered Texas environmental regulators to halt all data center permit issuance until grid operators complete a comprehensive audit in mid-December 2026. The sweeping directive affects not only grid-connected facilities but also fully islanded data centers relying on behind-the-meter generation, creating uncertainty for developers and their contractual obligations.
United StatesEnvironment
Bracewell LLP
Bracewell LLP
Article

Texas Governor Directs A Halt On Data Center Permitting With State Agency Audits

Texas Governor Greg Abbott has directed state agencies to halt all data center permits until comprehensive audits assess the projects' impacts on electric infrastructure, residential ratepayers, and water resources. The directive requires data centers to fully fund necessary electric infrastructure and comply with enhanced reporting requirements, while the governor signals potential legislative action to codify new protections and phase out certain tax incentives.
United StatesEnvironment
Greenberg Traurig
Greenberg Traurig
Article

Governor Signs Seven Data Center Bills Addressing Energy And Noise Reporting, Water Use, Labor Standards, Electricity Rates, And CEQA Review

California has enacted seven unprecedented bills targeting data center development, imposing sweeping new requirements for energy reporting, water consumption assessments, labor standards, and electricity rate structures. These laws fundamentally reshape the regulatory landscape for data centers, requiring detailed disclosures at multiple project stages while prohibiting categorical CEQA exemptions and establishing new interconnection rules that shift infrastructure costs directly to developers.
United StatesEnvironment
Cox, Castle & Nicholson
Cox, Castle & Nicholson
Article

District Court Enjoins EPA From Reclassifying California’s Clean Air Act Waivers

A federal district court has preliminarily enjoined the EPA from reclassifying California's Clean Air Act preemption waiver orders as "rules" subject to the Congressional Review Act. The court found that EPA's reclassification likely violated the Administrative Procedure Act and exceeded the agency's authority, though the order does not prevent Congress from proceeding with pending disapproval resolutions.
United StatesEnvironment
Arnold & Porter
Arnold & Porter
Article

California Links Data Center Permitting And Licensing To New Water Use Disclosure And Drought Planning Obligations

California has enacted comprehensive legislation requiring data center developers to disclose water usage and demonstrate supply adequacy before obtaining permits. These new laws impose water supply assessments, efficiency reporting, and drought contingency planning obligations that fundamentally reshape the regulatory landscape for data center development in the state.
United StatesEnvironment
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

New EU PFHxA Limits Take Effect Amid Expanding PFAS Rules For Apparel And Textiles

Beginning October 10, 2026, the European Union will restrict certain concentrations of PFHxA and related substances in clothing and footwear, marking a significant expansion of PFAS regulations affecting the apparel and textile industry. Companies face a complex patchwork of requirements as France, Denmark, and multiple U.S. states implement their own PFAS restrictions with varying scopes, thresholds, and compliance approaches. Navigating these divergent regulations requires careful supply chain evaluation
European UnionEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.
Article

Federal Court Holds New York’s Climate Superfund Law Preempted By CAA

A federal court has struck down New York's Climate Change Superfund Act, which sought to recover $75 billion from fossil fuel companies based on historical emissions. The ruling found the Act preempted by the Clean Air Act, marking the first judicial decision on state climate superfund legislation and establishing that EPA's rescission of the endangerment finding does not alter preemption analysis.
United StatesEnvironment
Jones Day
Jones Day
Article

New EU PFHxA Limits Take Effect Amid Expanding PFAS Rules For Apparel And Textiles

Beginning October 10, 2026, the European Union will restrict certain concentrations of PFHxA and related substances in clothing and footwear, marking a significant expansion of PFAS regulations affecting the apparel and textile industry. Companies face a complex patchwork of requirements as France, Denmark, and multiple U.S. states implement their own PFAS restrictions with varying scopes, thresholds, and compliance approaches. Navigating these divergent regulations requires careful supply chain evaluation
European UnionEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.
Article

FWS And NMFS Finalize Rescission Of ESA “Harm” Definition

The U.S. Fish and Wildlife Service and National Marine Fisheries Service have finalized a rule rescinding longstanding regulatory definitions of "harm" under the Endangered Species Act, fundamentally changing how habitat modification is treated under federal wildlife protection law. This regulatory shift eliminates the interpretation that habitat modification or degradation, standing alone, constitutes prohibited "take" of listed species, potentially reducing permitting requirements for landowners and busin
United StatesEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.
Article

France Targets Ultra-Fast Fashion With New EPR Penalties As EU Textile Rules Expand

France has enacted groundbreaking legislation targeting ultra-fast fashion through increased extended producer responsibility fees based on product range breadth and repair incentives, while also mandating manufacturing-location disclosures and restricting advertising. As the EU's revised Waste Framework Directive allows Member States to adopt similar measures, France's approach may preview how textile EPR requirements evolve across Europe and potentially influence emerging U.S. state programs. Will other j
GlobalEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.
Article

Federal Court Enjoins Sweeping New Mexico PFAS Labeling Obligations

The world’s broadest PFAS labeling obligation has been put on hold. On September 16, 2026, the U.S. District Court for the District of New Mexico granted an industry motion for a preliminary injunction against labeling requirements New Mexico enacted earlier this year. The court concluded that industry’s challenge to the labeling requirements was likely to succeed on the merits. The requirements were set to go into effect for products manufactured after January 1, 2027. Although further legal battles may remain, the program appears unlikely to take effect as scheduled.
United StatesEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.
Article

Massachusetts Conditions Large Data Center Permits On Community Agreements

Massachusetts imposed new requirements on data center projects with peak electricity demand exceeding 25 megawatts by Executive Order 658 on September 8, 2026. State permitting agencies cannot issue permits or authorizations for covered projects unless developers comply with the Healey-Driscoll administration’s June 2026 data center development and operations framework and submit a community benefits agreement (CBA) consistent with the Massachusetts Office of Environmental Justice and Equity (OEJE) March 2026 guidelines for community benefit plans (CBPs) and agreements.
United StatesEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.
Article

Virginia Launches Data Center Accountability Framework

Virginia Governor Abigail Spanberger's Executive Order 22 introduces a comprehensive Data Center Accountability Framework that fundamentally reshapes how data centers will be developed, permitted, and operated in the Commonwealth. The sweeping initiative addresses transparency, environmental protection, energy costs, grid reliability, and community engagement while establishing an AI Task Force and designating the Office of the Chief Energy Officer to coordinate implementation. With immediate changes to non
United StatesEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.