Environmental Justice Tracker

EJ Tracker Update

EPA Finalized Rule on Facility Response Plan Requirements Under the Clean Water Act

Last updated:

May 28, 2024

Statute

CWA

Agencies

EPA

Actions

Final Rule

EPA finalized facility response plan requirements for worst case discharges under the Clean Water Act for onshore non-transportation-related facilities that could create substantial harm to the environment. There is clear evidence of collection of hazardous substance facilities near environmental justice communities that can disproportionately harm these communities through worst case discharges of CWA hazardous substances. The rule mandates hazard evaluation that examines the effects of CWA hazardous substance worst case discharges on communities with environmental justice concerns, as well as the effects of climate change. The final rule does not require consultation with environmental justice communities, but there are avenues for public participation in response planning. The final rule went into effect on May 28, 2024.