The Clean Water Act (CWA) Facility Response Plan (FRP) rule (40 Code of Federal Regulations [CFR] Part 118) requires facilities to perform an initial determination of the applicability of the rule to their facilities, and if applicable, to prepare and submit to the US Environmental Protection Agency (EPA) an FRP that addresses the potential impacts of a release of the CWA hazardous substances found at 40 CFR Part 116.4 by June 1, 2027. This determination should be made at least by November 30, 2026, with the preparation of a new Substantial Harm Certification for the facility.

Braun Intertec has completed CWA FRP assessments for Texas power stations that store and use chemicals considered CWA hazardous substances, such as ammonia, bleach, hydrochloric, and sulfuric acid. As part of the assessment, Braun Intertec reviewed chemical inventories provided by the facilities, completed a rule applicability determination for each chemical stored and used at each power station, calculated the maximum allowable amount for each product that can be stored on site without triggering CWA FRP rule requirements, prepared a brief technical memo outlining the determination performed, and prepared a Substantial Harm Certification for each facility to sign and submit to the EPA and maintain in facility records.