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Statement of Need: The unprecedented use of dispersants on the surface and in the subsea during the 2010 Deepwater Horizon oil spill in the Gulf of Mexico raised many questions about dispersant efficacy, toxicity, environmental fate, and monitoring. The public and officials working at local, State, and Federal levels expressed concerns regarding the effects of dispersant use on the ecosystem. These concerns require a review of the product toxicity and efficacy testing and application in the current subpart J regulatory requirements. Additionally, the large-scale submission of oil-mitigating technologies through the Interagency Alternative Technology Assessment Program (IATAP) as a result of this incident also highlights the need to re-evaluate the current subpart J regulations, particularly the technical data requirements.

Summary of the Legal Basis: The Federal Water Pollution Control Act (FWPCA) requires the President to prepare and publish a National Contingency Plan (NCP) for the removal of oil and hazardous substances. In turn, the President delegated the authority to implement this section of the FWPCA to EPA through Executive Order 12777 (56 FR 54757; Oct. 22, 1991). Section 311(d)(2)(G)(i) of the FWPCA (a.k.a., Clean Water Act), as amended by the OPA, requires that the NCP include a schedule identifying "dispersants, other chemicals, and other spill mitigating devices and substances, if any, that may be used in carrying out" the NCP. Currently, the use of dispersants, other chemicals, and other oil spill mitigating devices and substances (e.g., bioremediation agents) to respond to oil spills in U.S. waters is governed by subpart J of the NCP (40 CFR part 300 series 900).

Alternatives: To be determined.

Anticipated Costs and Benefits: To be determined.

Risks: To be determined.