Regulatory Development and Retrospective Review Tracker

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

a.k.a. Dispersants - Revisions to Subpart J Product Schedule Listing Requirements

RIN: 2050-AE87 (What's this?)

Docket No.: EPA-HQ-OPA-2006-0090 (What's this?)

Current Phase: Proposal (What's this?)

The Clean Water Act requires the EPA to prepare a schedule identifying dispersants, other chemicals, and other spill mitigating devices and substances, if any, that may be used in carrying out the National Contingency Plan (NCP); and the waters and quantities in which they may be used.

The EPA is considering revising Subpart J of the NCP to address the efficacy, toxicity, and environmental monitoring of dispersants, other chemical and biological agents, and other spill mitigating substances, as well as public, state, local, and federal officials concerns on their authorization and use. Specifically, the agency is considering revisions to the technical product requirements under Subpart J, including amendments to the effectiveness and toxicity testing protocols, and establishing new effectiveness and toxicity thresholds for listing certain products on the Schedule. Additionally, the agency is considering amendments to area planning requirements for agent use authorization and advanced monitoring techniques. The agency is also considering revisions to harmonize 40 CFR part 110.4 with the definitions for chemical and biological agents proposed for Subpart J. These changes, if finalized, will help ensure that chemical and biological agents have met rigorous efficacy and toxicity requirements, that product manufacturers provide important use and safety information, and that the planning and response community is equipped with the proper information to authorize and use the products in a judicious and effective manner.

NPRM: Sent to OMB for Regulatory Review07/18/2014
NPRM: Received by OMB07/22/2014
NPRM: Regulatory Review Concluded12/18/2014
NPRM: Published in FR01/22/2015
NPRM: Comment Period Open01/22/2015
NPRM: Comment Period Closed04/22/2015
Final Rule: Published in FR00/0000 (projected)

Potential Effects

Federal Government - other agencies
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Local Governments
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Small Entities
EPA notifies the public when a rulemaking is likely to 1) have any adverse economic impact on small entities even though a Regulatory Flexibility Analysis may not be required and/or 2) have significant adverse economic impacts on a substantial number of small entities. The term "small entities" includes small businesses, small governments, and small not-for-profits. (Read a longer explanation on our Small Entities web page.) This rulemaking is likely to impact small entities in the following way(s):
  • Likely to have any adverse economic impact on:
    • small businesses

State Governments
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Tribal Governments
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - This stage of the rulemaking underwent review.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 300;40 CFR 110

Legal Authority
33 U.S.C. 1321(b)(3);33 U.S.C. 1321(c)(2);33 U.S.C. 1321(d)(2);33 U.S.C. 1321(j);33 U.S.C. 1321(c)(1);33 U.S.C. 1321(b)(4);33 U.S.C. 1361(a)