EPA’s New Proposed Rule

The Who, What, Where, When, and Why

WHAT

On March 28, 2022, the Environmental Protection Agency (EPA) submitted a Proposed rule (RIN 2050-AH17), which would require certain facilities with specific NAICS codes to submit Facility Response Plans (FRP) for a “worst case” scenario release of certain hazardous substances listed on the Clean Water Act (CWA).

WHO

Simply put, if you are an owner or operator of on-shore non-transportation related facility that meet certain criteria of the CWA you may be an affected facility. Impacted facilities should consider:

1. Do you meet certain container capacities to store CWA hazardous materials at or above the quantity threshold, and are you located within one-half mile of navigable water, adjoining shorelines, or exclusive economic zones.
2. Do you also meet one or more of the following requirements:
   • Capacity to adversely affect public water system
   • Capacity to cause harm to fish, wildlife, and sensitive environments (FWSE)
   • Capacity to injure public receptors; or
   • Does the facility have a reportable discharge of a CWA hazardous material within the last 5 years

WHERE

To submit a public comment, this can be done through:

• The Federal eRulmaking Portal at: https:// www.regulations.gov (their preferred method of submission)
• Mail: U.S. Environmental Protection Agency, EPA Docket Center, EPA-HQ-OLEM-2021-0585 Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460

WHEN

All comments must be received on or before May 27, 2022 and identified by Docket ID No. EPA-HQ-OLEM-2021-0585.

WHY

The EPA feels as though the proposed actions would have a mitigating effect on CWA hazardous substances discharges in worst case scenarios. They believe the proposed rule would help address the type of damages and adverse impacts expected from these types of discharges through pre-discharge planning, identification of potential receptors and endpoints, emergency response information provisions, descriptions of detection systems, hazard evaluations, training programs, and drills and exercises. It is believed that the benefits of mitigating such discharges could be relative to the rules estimated costs.

And if you still have questions, make sure to contact us for a 100% FREE CONSULTATION at 412-249-1111 or visit us at www.learnhazmat.com and one of our dedicated team members will help answer all your questions and help you decided what industry leading training or compliance solution can help you achieve all your safety goals.

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