An Overview of the USEPA National Oil and Hazardous Substances Pollution Contingency Plan, Subpart J Product Schedule (40 CFR 300.900)

Abstract

The United States Environmental Protection Agency manages the National Oil and Hazardous Substances Pollution Contingency Plan, Subpart J Product Schedule (40 Code of Federal Regulations Part 300.900) which list dispersants, surface washing agents (SWAs), bioremediation agents, surface collecting agents, and miscellaneous oil spill control agents (MOSCA) that may be used in response to oil spills on land and on or near waters of the US, depending on the product and its proper application. Over the last few years, alternative oil spill response methods have been gaining in acceptance and use in the field among first responders, industry, state and federal agencies, Congress, and the entire oil spill response community. EPA sets policy and guidance for the proper use and authority to use these products within its jurisdiction. Manufacturers and vendors of these products have become more aware of this acceptance evidenced by the frequency that EPA is contacted to provide information on the listing process and EPA policy regarding their use. The number of applications to add new products to the Subpart J Product Schedule has increased over the last few year. Subpart J is very prescriptive and specific in directing manufacturers to perform the proper tests using the proper protocols, yet many applications are rejected or need modification due to errors in testing procedures or data reporting. This paper will address the data needed to list a product under each category and will clarify issues related to the Product Schedule. It will also address the policies that EPA uses to enforce the Subpart J regulation. The author has managed the Product Schedule for over five years and his experience and expertise regarding the issues surrounding alternative countermeasures will be covered briefly.

Dispersants, SWAs, chemical sorbents, and other technologies have sparked controversy and confusion in all regions and areas of the US, and in some cases internationally. Many research efforts have added to the baseline knowledge we have about dispersants and bioremediation agents’ toxicity, efficacy, and proper use, but conflicts still arise as that data is interpreted and applied in the field. The reader will have a better understanding of why and how alternative countermeasures are required to be listed and describe the authority to use them based on EPA policy.