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As a result of a consent decree, the EPA is embarking on a rulemaking for the prevention of hazardous substance discharges under section 311(j)(1)(C) of the Clean Water Act (CWA). Section 311(j)(1)(C) reads, in part: "...as soon as practicable after October 18, 1972, and from time to time thereafter, the President shall issue regulations ... establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of ... hazardous substances from ... onshore facilities ... and to contain such discharges ..." The CWA hazardous substances and their associated reportable quantities (RQs) are identified in 40 CFR parts 116 and 117, respectively. The EPA will assess the consequences of hazardous substance discharges into the nation's waters, and evaluate the costs and benefits of potential preventive regulatory requirements for facilities handling such substances.

Statement of Need: Section 311(j)(1)(C) of the Clean Water Act (CWA) reads, in part: "...as soon as practicable after October 18, 1972, and from time to time thereafter, the President shall issue regulations ... establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of ... hazardous substances from ... onshore facilities ... and to contain such discharges ...".

Summary of the Legal Basis: In 2015, the EPA was sued for failure to conduct a rulemaking for chemicals under the CWA 311(j)(1)(C). This litigation was settled and a consent decree was file with the court in February 2016 (Environmental Justice Health Alliance for Chemical Policy Reform v. U.S. EPA). The EPA is conducting this rulemaking in accordance with the consent decree and intends to issue a proposed rule by June 2018.

Alternatives: The EPA is in the process of evaluating options and alternatives to fulfill its obligations under the CWA 311(j)(1)(C) and the consent decree.

Anticipated Costs and Benefits: This information is not yet available.

Risks: This information has yet to be determined.