Whitepaper Abstract | Facility Response Plans for Discharge of CWA Hazardous Substances: Navigating the EPA’s New Rule
Author: Therese Bui
The U.S. Environmental Protection Agency issued a new rule on March 14, 2024 that necessitates the preparation and submission of a facility response plan for non-transportation-related onshore facilities that could reasonably be expected to cause “substantial harm” to the environment by discharging Clean Water Act (CWA) hazardous substances into navigable waters or a conveyance to navigable waters. These requirements are detailed in 40 CFR Part 118 of the Code of Federal Regulations. Guidance from the EPA is forthcoming.?
In addition to the facility response plan, the completion and submittal of a Substantial Harm Certification Form with supporting documentation is also mandatory. This form determines rule applicability and must be recertified every five years or within 60 days of a change at or outside the facility that impacts the potential to cause substantial harm to the environment.?
?
The CWA Hazardous Substances facility response plan details the following applicability criteria for (1) threshold quantity, (2) proximity to navigable waters, and (3) ability to cause substantial harm:?
?
?
?
领英推荐
?
To determine adverse impact to a public water system, the facility must consult with potentially impacted public water systems and maintain documentation of these coordination efforts. A table identifying toxicity endpoints is provided in Appendix B to Part 118 of the regulation to assist in determining injury to public receptors or fish, wildlife and sensitive environments. A hazard evaluation must be conducted to identify risk and the potential effects of a worst case discharge of a CWA hazardous substance on climate change and communities with environmental justice concerns.?
?
Response actions within one and two hours of discharge detection must be included in the facility response plan, such as the actions necessary to complete notifications, mobilize response resources, and coordinate response activities. The plan should describe the facility’s discharge detection systems and identify the personnel and equipment necessary to respond to a worst case discharge of a CWA hazardous substance to the maximum extent practicable, including firefighting resources.?
?
Disposal plans, a training program, drills and exercises program and an emergency response action plan that covers the first two hours of the incident response should also be established. Coordination with state, local, and tribal authorities is required during development of the facility response plan and drills and exercises. Documentation of such coordination activities should be retained for the life of the facility.?
?
?
To discover how Jensen Hughes can help you meet these requirements and work with experts to develop your plans, contact us at +1 281-955-9600 or visit our Digital Solutions page to learn about the SMARTPLAN? response planning system.?