On October 13, 2026, EPA published a final rule delaying compliance with Clean Water Act Hazardous Substance Facility Response Plan requirements and removing explicit references to climate change and environmental justice from the regulations. The rule extends the initial compliance deadline for covered facilities to prepare and submit response plans from June 1, 2027, to June 1, 2030.
The amendments remove climate-change language from the definition of adverse weather, criteria informing EPA’s facility-specific determinations, and required hazard evaluations. These changes scale back explicit consideration of climate-related risks in planning for worst-case hazardous substance discharges, although adverse-weather planning requirements remain.
EPA states that the delay allows additional time to develop compliance assistance and consider further regulatory revisions. The agency maintains that removing climate-change and environmental-justice references aligns the regulations with Executive Order 14148 and promotes consistent, risk-based planning without reducing their effectiveness. The final rule takes effect on December 14, 2026. 91 Fed. Reg. 64774 (Oct. 13, 2026).