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EPA/OLEM | RIN: 2050-AH17 | Publication ID: Spring 2022 |
Title: Clean Water Act Hazardous Substance Facility Response Plans | |
Abstract:
The Clean Water Act (CWA) states that regulations shall be issued "which require an owner or operator of a tank vessel or facility ... to prepare and submit ... a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of "a hazardous substance." The Environmental Protection Agency is proposing a regulatory action to require planning for worst case discharges of CWA hazardous substances under section 311(j)(5)(A). This regulatory action is being conducted under the terms of a consent decree entered into on March 12, 2020, which requires that a proposed action is signed within 24 months of the final agreement. The consent decree also requires that a final action follow within 30 months of the publication of the proposed rule. EPA seeks to change the name of the CWA Hazardous Substance Worst Case Discharge Planning Regulations action to the CWA Hazardous Substance Facility Response Plan action to better align with the existing Oil Pollution Prevention Facility Response Plan regulation in 40 CFR 112.20. These two regulations are related and promulgated under the same statutory authority found in the CWA section 311(j)(5)(D), so ensuring the names are consistent will provide clarity and reduce confusion for industry, environmental groups, the emergency planning community, and all levels of government. |
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Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: Undetermined | Unfunded Mandates: Undetermined |
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: 33 U.S.C. 1321 |
Legal Deadline:
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Timetable:
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Additional Information: . | |
Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Local, Tribal |
Federalism: Undetermined | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Rebecca Broussard Environmental Protection Agency Office of Land and Emergency Management 1200 Pennsylvania Avenue NW, Mail Code 5104A, Washington, DC 20460 Phone:202 564-6706 Email: broussard.rebecca@epa.gov Veronica Southerland Environmental Protection Agency Office of Land and Emergency Management 1200 Pennsylvania Avenue NW, Mail Code 5104A, Washington, DC 20460 Phone:202 564-2333 Email: southerland.veronica@epa.gov |