Agency
of
(5104A)
EPA-550-F-06-002
2007
Subpart J: The National Oil and Hazardous Substances
Pollution Contingency Plan (NCP) Product Schedule
Subpart J is a section of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) which
stipulates the criteria for listing and managing the use of dispersants and other chemical and biological agents
used to mitigate oil spills. Subpart J is found in 40 Code of Regulations Part 300.910. The NCP Product
Schedule was a result of a requirement from Section 31 l(d)(2) of the Clean Water Act and Section 4201(a)(G)of
the Oil Pollution Act of 1990 which requires the President to prepare a "schedule of dispersants, other chemicals,
and other oil spill mitigating devices and substances, if any, that may be authorized for use on oil discharges..."
The Environmental Protection Agency (EPA) prepares and maintains the NCP Product Schedule (Schedule).
What type of oil spill control products are
listed on the NCP Product Schedule?
The Schedule includes chemical and biological agents
that collect, remove, disperse or bioremediate oil.
NCP Product Schedule categories include:
1) Dispersants - used to break up oil on the water's
surface, causing it to disperse down into the water
column where natural processes can degrade the oil
droplets (used in Marine/Coastal waters).
2) Surface washing agents - only used on solid
surfaces to lift and float oil to better absorb, vacuum or
collect the oil.
3) Bioremediation agents - microbes, nutrients,
enzymes, or a combination intended to encourage the
degradation of oil.
4) Miscellaneous oil spill control agents (MOSCA) -
including chemical based sorbents and solidifiers and
products other than above categories.
What are Sorbents?
40 CFR 300.915(g) defines sorbents as products that
are comprised of simple organic, mineral, or synthetic
materials. Sorbents are inert and insoluble materials
used to remove oil from water through absorption or
adsorption. After use, all sorbents must be removed
from the water and disposed of properly.
Do all sorbents meet the NCP Product
Schedule definition of a sorbent?
No. Simple sorbents that are made of organic,
mineral, or synthetic materials that meet the definition
as defined in 40 CFR 300.915(g) are not always listed
NCP Product Schedule - Subpart J
as sorbents on the Schedule. These products are
evaluated by EPA to determine if they meet the NCP
sorbent definition. Sorbents comprised of more than
just simple organic, mineral, or synthetic materials, or
are a combination of materials including chemicals,
may be considered a Miscellaneous Oil Spill Control
Agent (MOSCA) on the Schedule.
If the sorbent components satisfy the regulatory
definition of sorbent, EPA sends a letter to sorbent
manufacturers stating that the product may be used at
an oil spill. The EPA letter should be presented to the
FOSC before use. The FOSC may verify the sorbent
letter with the EPA Product Schedule Manager.
Where can I find the procedures for listing
a product on the NCP Product Schedule?
Data requirements for new products are found at 40
CFR § 300.915. Specific toxicity and effectiveness
protocols are found in Appendix C to Part 300 of the
NCP (40 CFR § 300.920). For copies of the regulation
and the product schedule, visit the EPA Subpart J -
NCP Product Schedule web page at:
http: //www. cpa. go v/cmcrgcncics/ncp
Who should submit data for a new
product listing?
EPA only accepts new product data from the product
owner and/or manufacturer or authorized
representative.
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How does EPA decide whether to list a
product?
EPA's NCP Product Schedule Manger conducts a
review of the product data to confirm that the required
information is complete and valid. The data
requirements are designed to provide sufficient
information to Federal On-Scene Coordinators
(FOSCs) and Regional Response Teams (RRTs) to
determine whether, and in what quantities, a product
may be used to control an oil discharge. EPA will
inform the submitter, in writing within 60 days, after
receipt of complete technical product data, of its
decision on adding the product to the Schedule.
Additional information or a sample of the product may
be requested by EPA (40 CFR 300.920(a)(2)).
Who is authorized to use the NCP Product
Schedule products during an oil spill?
Only an FOSC may authorize the use of a product that
has been listed on the Schedule. The use of these
products without FOSC approval is a violation of the
Clean Water Act. The FOSC may authorize the use of
a product with or without the concurrence of the RRT
and local Trustees. RRTs and Area Committees may
predetermine the suitability of using a product at a
particular location. In some cases, preauthorization
zones have been established for designated areas. For
spill situations that are not addressed by a
preauthorization plan, the FOSC, RRT and Trustees
may determine suitability through case-by-case
consultation when an oil spill occurs.
Once a product is listed, the NCP does not
mandate the use of that product by the FOSC,
state, industry, or any oil spill response
organization.
disclaimer stresses that EPA does not endorse the
product.
Disclaimer: [Product Name] is on the U.S.
Environmental Protection Agency's NCP Product
Schedule. This listing does NOT mean that EPA
approves, recommends, licenses, certifies, or
authorizes the use of the [Product Name] on an oil
discharge. The listing means only that data have
been submitted to EPA as required by Subpart J of
the National Contingency Plan, Section 300.915
[Source: 40 CFR 300.920 (e)].
For More Information on the
Subpart J - NCP Product Schedule
Visit the EPA Emergency Management Web Area:
Call the NCP Product Schedule Information Line:
(202) 260-2342
Write to the NCP Product Schedule Manager:
U.S. Environmental Protection Agency
Office of Emergency Management
Regulation and Policy Development Division
1200 Pennsylvania Avenue, NW- 5104A
Washington, DC 20460
Attn: NCP Product Schedule Manager
To Report an Oil or Chemical Discharge
Contact the National Response Center
(800) 424-8802 or (202) 267-2675
What requirements are there once new
products are listed on the Product
Schedule?
To prevent possible misrepresentation or
misinterpretation, all product labels, literature, or
advertisements that refer to placement on the Schedule
must either reproduce the entire EPA letter announcing
the placement on the Product Schedule or include the
disclaimer set forth in 40 CFR 300.920(e). This
NCP Product Schedule - Subpart J
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