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EPA/OLEM RIN: 2050-AE87 Publication ID: Spring 2019 
Title: Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Product Schedule Listing Requirements 

The Clean Water Act requires 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. EPA proposed to revise Subpart J of the NCP to address the efficacy, toxicity, 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 finalizing 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 finalizing amendments to area planning requirements for agent use authorization and advanced monitoring techniques. The Agency is also considering finalizing revisions to harmonize 40 CFR part 110.4 with the definitions for chemical and biological agents proposed for subpart J. These changes, if finalized, may 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.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
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)   
Legal Deadline:  None
Action Date FR Cite
NPRM  01/22/2015  80 FR 3379   
Final Rule  01/00/2021 
Additional Information: Docket #:EPA-HQ-OPA-2006-0090
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
Sectors Affected: 211 Oil and Gas Extraction; 325 Chemical Manufacturing; 424 Merchant Wholesalers, Nondurable Goods; 541 Professional, Scientific, and Technical Services; 562 Waste Management and Remediation Services 
RIN Data Printed in the FR: No 
Agency Contact:
Vanessa Principe
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5104A,
Washington, DC 20460
Phone:202 564-7913

Gregory Wilson
Environmental Protection Agency
Office of Land and Emergency Management
Mail Code 5104A, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-7989