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Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Product Schedule Listing Requirements

Subpart J Proposed Rule Summary

EPA is proposing 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)

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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

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Additional Resources

Frequent Questions on the Proposed Amendments to Subpart J of the National Contingency Plan

Fact sheet: Proposed Changes to Subpart J of the National Contingency Plan

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