Following a 2025 Executive Order, the EPA published an Advanced Notice of Proposed Rulemaking (ANPRM) on February 18, 2026. The notice seeks public feedback before proposing revisions to the Facility Response Plan (FRP) requirements originally finalized in March 2024.
The 2024 rule established new emergency planning and preparedness requirements for certain non-transportation-related facilities that manage hazardous substances. Facilities are subject to the rule if they meet all of the following criteria:
- Located within 0.5 miles of a navigable water or conveyance to navigable waters of the United States
- Store or use a hazardous substance at ≥1,000x its Reportable Quantity (RQ) (as defined under 40 CFR Part 117)
- Could reasonably be expected to cause substantial harm to the environment in the event of an unauthorized discharge
Facilities meeting these criteria must prepare, submit, and implement a comprehensive FRP demonstrating response capabilities, worst-case discharge planning, emergency coordination, and training/exercise programs consistent with EPA guidance. Many organizations have found the applicability analysis itself to be one of the most challenging components, particularly when evaluating hydrologic connectivity, secondary containment reliability, and substantial harm determinations.
The current ANPRM seeks feedback on potential amendments to address implementation challenges and clarify requirements from the 2024 final rule. The ANPRM includes 11 questions focused on facility applicability criteria and 6 questions related to implementation issues.
If your facilities operate near navigable waters or manage large hazardous substance inventories, now is an appropriate time to evaluate potential applicability and consider submitting input.
How EDGE Can Assist
EDGE is actively assisting clients with:
- FRP applicability determinations and site assessments;
- Hazardous substance inventory evaluations; and
- Drafting and submitting technical comments to the EPA.
Public comments on the ANPRM will be accepted through March 20, 2026.