National Oil and Hazardous Substances Pollution Contingency Plan Regulation, Subpart J (40 CFR 300.900) (Final Rule)

This is a new Information Collection Request (ICR) to support activities required to comply with revisions to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), Subpart J (40 CFR 300.900, Use of Dispersants and Other Chemicals). The authority of the President to implement section 311(d)(2)(G) of the CWA is delegated to EPA in Executive Order 12777 (56 FR 54757, October 22, 1991). Subpart J of the NCP establishes the framework for the use of dispersants and any other chemical agents in response to oil discharges (40 CFR part 300 series 900). The Agency is further clarifying that the statutory schedule as required by CWA 311(d)(2)(G) includes the NCP Product Schedule, the Sorbent Product List, and authorization of use procedures which, when taken together, identify the waters and quantities in which such dispersants, other chemicals, or other spill mitigating devices and substances may be used safely. The final action to which this information collection applies amends two distinct sets of requirements under Subpart J: (1) those related to chemical and biological agent testing and listing on the NCP Product Schedule, and (2) those related to authorization of use. This information collection specifically addresses information collected regarding listing on the NCP Product Schedule or the Sorbent Product List, including efficacy and toxicity testing protocols and listing, data and information requirements, processes for adding or removing a product to or from the NCP Product Schedule, and proprietary business information. The authorization of use requirements impose no information collection activities. EPA considered relevant science related to efficacy and toxicity testing and has determined the science supports both establishing new protocols and updating existing testing protocols for listing on the NCP Product Schedule. These protocols, along with additional requirements for data and information, serve as the basis for a national level screening of chemical and biological agent products, and include procedures already familiar to commercial laboratories or which they can readily adopt. EPA is not aware of changes to the relevant science since the proposed rulemaking. Furthermore, the final action provides expanded opportunities for decisionmakers to consider any advancements in science beyond efficacy and toxicity valuations as part of listing, planning and response activities. The Agency anticipates the final amendments to Subpart J will provide more complete information about chemical and biological agent products to the public and to Federal, State and local agencies, and will help support planning and response entities when making decisions to authorize their use when responding to oil spills. The final rule will improve communication among the Agency, manufacturers and laboratories and will increase the efficiency in processing requests to list products on the NCP Product Schedule or Sorbent Product List. EPA estimates that updated information for the existing 109 products will be submitted to EPA over a two-year transition period to comply with the revised regulations. Additionally, EPA estimates that 5 new products per year will be submitted to EPA for listing on the Schedule, along with 10 new products per year for the Sorbent Product List. These estimates are based on historical rates of product submission, as documented in the RIA accompanying the Agency's final rule. The average annual total public reporting burden over the three-year ICR period due to the final rule will be 517 to 1,195 hours. The average annual total cost (including labor and non-labor) to all manufacturers is estimated to be $1.04 to $1.09 million.

The latest form for National Oil and Hazardous Substances Pollution Contingency Plan Regulation, Subpart J (40 CFR 300.900) (Final Rule) expires 2027-05-31 and can be found here.