Does EPA maintain a list of products that are authorized for use on oil discharges? If so, how can a manufacturer have their product included on the list?

Section 311(d)(2)(G) of the Clean Water Act (CWA) directs EPA to prepare a schedule of dispersants, other chemicals, and oil spill mitigating devices and substances that may be used to remove or control oil discharges. EPA makes provisions for such a schedule in 40 CFR Part 300, Subpart J of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The NCP Product Schedule specifically lists the following types of products that are authorized for use on oil discharges: dispersants, surface washing agents, surface collecting agents, bioremediation agents, and miscellaneous oil spill control agents.

EPA has established a process that manufacturers must follow in order to have a product listed on the NCP Product Schedule. First, the manufacturer must review the data requirements for new products in §300.915. Then, the manufacturer must determine the product category and fulfill each of the data requirements for the selected category. Finally, the manufacturer must send a hard copy of all data requirements to the Product Schedule Manager for review.

Additional information about the NCP Product Schedule is available at the following URL:

http://www.epa.gov/emergency-response/ncp-product-schedule-products-available-use-oil-spills

For more information about the NCP Subpart J requirements, interested parties can also call the NCP Product Schedule Information Line at (202) 260-2342.