2015 Proposed Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Product Schedule Listing Requirements
Subpart J Proposed Rule Summary
In 2015, EPA is proposed to amend requirements under Subpart J of the NCP to incorporate scientific advances and lessons learned from the Deepwater Horizon Oil Spill. The proposed changes would ensure that agents listed on the product schedule have met efficacy and toxicity requirements. The proposed changes would also ensure that product manufacturers provide important use and safety information.
EPA believes the emergency planning and response community will be better equipped with the proper information to make informed response decisions to protect human health and the environment.
The public had the opportunity to comment on this proposed rule. Comments were received on or before April 22, 2015. Comments can be reviewed on the official docket: EPA-HA-OPA-2006-0090.
Federal Register: January 22, 2015: National Oil and Hazardous Substance Contingency Plan; Proposed Rule. 80 FR 3380 (PDF) (68 pp, 1 MB, About PDF)
Update
On July 27, 2021, EPA published final monitoring requirements under Subpart J of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) for dispersant use in response to major oil discharges and certain other atypical dispersant use situations in the navigable waters of the United States and adjoining shorelines. Federal Register: 86 FR 40234
On June 12, 2023, EPA published final amendments to the listing and authorization of use requirements under Subpart J of the National Contingency Plan for chemical and biological agent products on oil discharges into waters of the United States and adjoining shorelines. Federal Register: 88 FR 38280
Subpart J Rule History
In 1994 EPA revised the NCP in response to the passage of the Oil Pollution Act of 1990. The final rule established the current Subpart J regulatory requirements with respect to:
- authorization of use,
- data requirements,
- dispersant effectiveness and toxicity testing protocols,
- surface washing agent testing protocol,
- bioremediation agent testing protocols, and
- requirements for adding products to the Schedule.
Federal Register: September 15, 1994: National Oil and Hazardous Substances Pollution Contingency Plan; Final Rule. 59 FR 47384
See also: National Oil and Hazardous Substances Pollution Contingency Plan