The U.S. EPA is set to publish a long overdue proposed rule that would require certain facilities with above-ground chemical tanks to develop response plans for worst-case scenario spills. The “worst-case response plan requirement” will be in addition to the CWA’s older mandate for developing spill prevention rules for oil and hazardous substances, and is being hailed by state and local and local emergency planning officials as a great step forward in protecting state water and drinking water supplies. The proposed Rules, which are set to be finalized as early as next month, will require operators with bulk chemical storage in excess of certain thresholds to develop contingency plans which include procedures for coping with total failure of the facility’s AST storage-such as might occur in a facility fire. For more information, please contact Phillip Hoover.