National Contingency Plan Subpart J Product Schedule Revisions

EPA is considering proposing revisions to Subpart J of the National Contingency Plan (NCP). The Clean Water Act requires EPA to prepare a schedule of dispersants, other chemicals, and other spill mitigating devices and substances, if any, that may be used in carrying out the NCP.

Under Subpart J, parties wishing to add a product to the Product Schedule must submit technical product data to EPA. EPA is considering revisions to clarify and/or change effectiveness and toxicity testing protocols required for adding a product to the Schedule. EPA believes these changes, if finalized, will help ensure protection of the environment when these products are used to clean up and mitigate oil spills (1) into or upon navigable waters, adjoining shorelines, the waters of the contiguous zone, or (2) which may affect natural resources belonging to or under the exclusive management authority of the United States. The agency is also considering proposed changes to 40 CFR 110.4 regarding the use of dispersants.

At present, EPA anticipates publishing a Notice of Preliminary Rule Making (NPRM) in the Federal Register in December 2011.

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