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National Contingency Plan (NCP) Subpart J - Product Schedule

Subpart J of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) 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.

NCP Product Schedule

EPA maintains the NCP Product Schedule, which lists the following types of products that are authorized for use on oil discharges:

  • Dispersants
  • Surface washing agents
  • Surface collecting agents
  • Bioremediation agents
  • Miscellaneous oil spill control agents

See Definitions of Product Categories

The NCP Product Schedule (August 2008) (PDF) (18 pp, 170K, About PDF) is also available for download in its entirety.

Note: Sorbents are defined in the National Contingency Plan Subpart J, but the regulation does not require their inclusion on the NCP Product Schedule if they meet the regulatory definition. Manufacturers may write a letter with Confidential Business Information (CBI) to EPA and receive an official letter stating that their product meets the regulatory definition of a sorbent. This letter can be shared with the Federal On-Scene Coordinator of an oil spill to verify the sorbent composition. Chemical sorbents are classified as Miscellaneous Oil Spill Control Agents (MOSCA) on the NCP Product Schedule. Sorbents must always be removed from oil spills and be disposed of properly.

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NCP Product Schedule Technical Notebook

The NCP Product Schedule Technical Notebook (July 2008) (PDF) (205 pp, 802K, About PDF) presents summary information on the conditions under which each of the products may be used. Information may provide handling and worker precautions, storage information, recommended application procedures, physical properties, and toxicity, effectiveness, or other analyses.

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How to List a New Product on the NCP Product Schedule

There is an established process that manufacturers must follow to have a product listed on the NCP Product Schedule.

  1. Begin by reviewing data requirements in section 300.915 of Subpart J (PDF) (8 pp, 66K, About PDF) of the NCP Product Schedule.
  2. Determine product category (e.g., dispersant, surface washing agent, etc.)
  3. Fulfill each of the data requirements for selected product category, including effectiveness and toxicity testing (if applicable). If you need assistance locating a laboratory to help fufill these requirements, please call the NCP Product Schedule Information Line.
  4. Send a hard copy of all data requirements for review to:
    Product Schedule Manager
    1200 Pennsylvania Ave. NW
    Room 6450EE, Mail Code 5104A
    Washington, D.C. 20460
  5. If you have further questions or require more information, please call the NCP Product Schedule Information Line.

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Subpart J Regulations

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Effectiveness and Toxicity Testing

For the products on the schedule, EPA provides NCP Product Schedule Toxicity and Effectiveness Summaries for each product category. Appendix C to 40 CFR part 300 (PDF) (23 pp, 187K, About PDF) describes methods for required effectiveness and toxicity tests for specific product categories.

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Disclaimer Information

The listing of a product on the NCP Product Schedule does not constitute approval of the product. To avoid possible misinterpretation or misrepresentation, any label, advertisement, or technical literature that refers to the placement of the product on the NCP Product Schedule must either reproduce in its entirety EPA's written statement that it will add the product to the NCP Product Schedule under Sec. 300.920(a)(2) or (b)(2), or include the disclaimer shown below. If the disclaimer is used, it must be conspicuous and must be fully reproduced. Failure to comply with these restrictions or any other improper attempt to demonstrate the approval of the product by any National Response Team (NRT) or other U.S. Government agency shall constitute grounds for removing the product from the NCP Product Schedule. [40 CFR 300.920(e)]

Disclaimer

[PRODUCT NAME] is on the U.S. Environmental Protection Agency's NCP Product Schedule. This listing does NOT mean that EPA approves, recommends, licenses, certifies, or authorizes the use of [PRODUCT NAME] on an oil discharge. This listing means only that data have been submitted to EPA as required by subpart J of the National Contingency Plan, Sec. 300.915.

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