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ARTICLE · 23 APRIL 2024

U.S. EPA Finalizes Rule Requiring Facility Response Plans For Hazardous Substance Discharges

Sive, Paget & Riesel
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On March 28, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule requiring certain onshore facilities to prepare Facility Response Plans...

United StatesEnvironment
Alexis Saba
Alexis Saba
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On March 28, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule requiring certain onshore facilities to prepare Facility Response Plans (FRPs) for the worst-case discharges of Clean Water Act (CWA) hazardous substances. FRPs are due to EPA by June 1, 2027, or prior to the start of operations for facilities constructed after June 1, 2027. The FRP requirements are located in a new Part 118 of Title 40 of the Code of Federal Regulations (CFR).

The requirements apply to the owner or operator of any non-transportation-related onshore facility that meets the below criteria. A "non-transportation-related onshore facility" is broadly defined as: "any facility of any kind located in, on, or under any land within the United States and excludes movement of CWA hazardous substances in interstate or intrastate commerce under active shipping papers by rail, pipeline, highway vehicle, or vessel pursuant to 49 CFR Parts 171-180." For informational purposes

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