EPA Extends ‘Worst-Case’ Discharge Compliance Deadline By Three Years

The Environmental Protection Agency (EPA) issued a final rule October 8 extending the compliance date for facility response plans required by the Clean Water Act addressing potential worst-case discharges of Clean Water Act hazardous substances.

These requirements are for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment if a CWA hazardous substance is discharged to navigable waters, adjoining shorelines or the exclusive economic zone. A worst-case discharge is the largest foreseeable discharge in adverse weather conditions. Facilities subject to the rule are required to prepare response plans in the event of worst-case discharges or threat of such discharges and to submit them to the EPA.

The EPA is extending the compliance deadline date from June 1, 2027, to June 1, 2030, for regulated facilities to prepare and submit their CWA hazardous substances facility response plans.

This extension will allow for more thorough, protective and targeted planning efforts by regulated facilities in preparation for potential worst-case discharges to navigable water, the agency said. The EPA said it “expects the extension to promote compliance and ensure well-developed FRPs, increasing protection of the environment and human health.” Additionally, the agency removed references to climate change and environmental justice to align with Executive Order 14148. That executive order, titled, “Initial Rescissions of Harmful Executive Orders and Actions,” was signed by President Donald Trump on January 20, 2025, and rescinded 78 executive orders signed by President Joe Biden.