National Contingency Plan Subpart J

One of EPA’s top priorities is to prevent, prepare for, and respond to oil spills that occur in and around inland waters of the United States. Under the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) , EPA is the lead federal response agency for oil spills occurring in inland waters. The U.S. Coast Guard is the lead response agency for spills in coastal waters and deepwater ports. Subpart J governs the use of chemical and biological agents for oil spill responses in both inland and coastal zones.

• NCP Subpart J Regulations
• NCP Product Schedule
• NCP Product Schedule Technical Notebook
• Guidance for Listing Products on the NCP Product Schedule or the Sorbent Product List
• Transitioning Listed Products to the New Product Schedule or Sorbent Product List
• Effectiveness and Toxicity Testing
• Sorbents
• Sorbent Product List
• Disclaimer Information
• Reminders for Manufacturers of Listed Products
• Safer Choice
• For More Information

NCP Subpart J Regulations

Subpart J establishes a schedule that includes the NCP Product Schedule identifying chemical and biological agents, dispersant monitoring requirements, and the authorization of use procedures that, 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. 

Subpart J Product Listing and Authorization of Use Requirements 

Requirements - Effective December 11, 2023. 

• NCP: Definitions - 40 CFR 300.5
• NCP Subpart J: Use of Dispersants, and Other Chemical and Biological Agents - 40 CFR 300.900 – 300.970, Appendix C
  • § 300.900 General. 
  • § 300.910 Authorization for agent use. 
  • § 300.915 Data and information requirements for listing on the NCP Product Schedule or Sorbent Product List. 
  • § 300.950 Submission of Proprietary Business Information. 
  • § 300.955 Addition of a Product to the NCP Product Schedule or Sorbent Product List. 
  • § 300.965 Mandatory Product Disclaimer. 
  • § 300.970 Removal of a Product from the NCP Product Schedule or Sorbent Product List. 
• Appendix C to Part 300 - Requirements for Product Testing Protocols and Summary Test Data: Dispersant Baffled Flask Efficacy and Toxicity Tests; Standard Acute Toxicity Test for Bioremediation Agents, Surface Washing Agents, Herding Agents, and Solidifiers; and Bioremediation Agent Efficacy Test. 

Subpart J Monitoring Requirements 

Current Requirements - Effective January 24, 2022.

• § 300.913 Monitoring the use of dispersants.

Additional References 

• National Oil and Hazardous Substances Pollution Contingency Plan; Final Rule. September 15, 1994; 59 FR 47384
• National Oil and Hazardous Substances Pollution Contingency Plan; Proposed Rule. January 22, 2015; 80 FR 3380
• National Oil and Hazardous Substances Pollution Contingency Plan; Monitoring Requirements for Use of Dispersants and Other Chemicals; Final Rule. July 27, 2021; 86 FR 40234
• Environmental Monitoring for Atypical Dispersant Operations: Including Guidance for Subsea Application and Prolonged Surface Application

NCP Product Schedule

The NCP Product Schedule (December 2023) (PDF) is also available for download in its entirety.

EPA maintains the NCP Product Schedule, which lists the following types of products that may be considered for use authorization by an On-Scene Coordinator on oil discharges in accordance with the NCP:

• Dispersants
• Surface washing agents
• Bioremediation agents
• Solidifiers
• Herding agents

See Alphabetical List of NCP Product Schedule Products with Links to Technical Product Summaries

NCP Product Schedule Technical Notebook

The NCP Product Schedule Technical Notebook (December 2023) (PDF) presents manufacturer's summary information on the conditions under which each of the products is recommended to be used. Manufacturer information may provide handling and worker precautions, storage information, recommended application procedures, physical properties, and toxicity, effectiveness, or other analyses.

Disclaimer: The listing of a product on the NCP Product Schedule does NOT mean that EPA approves, recommends, licenses, or certifies the use of the product on an oil discharge. The listing means only that data have been submitted to EPA as required by Subpart J of the NCP. Only a Federal On-Scene Coordinator (OSC) may authorize use of the product in accordance with Subpart J of the NCP In response to an oil discharge.

Guidance for Listing Products on the NCP Product Schedule or the Sorbent Product List

EPA finalized testing, listing, and authorization of use regulatory amendments in the Federal Register on June 12, 2023 (88 FR 38280), which went into effect on December 11, 2023. EPA has developed guidance on the data, information, and submission requirements for listing chemical and biological agent products on the NCP Product Schedule or listing sorbent products on the Sorbent Product List.

See  Guidance for Listing Products on the NCP Product Schedule and Sorbent Product List (pdf) (905.2 KB)

Transitioning Listed Products to the New NCP Product Schedule or New Sorbent Product List

All products on the current NCP Product Schedule as of December 11, 2023 will remain conditionally listed until December 12, 2025 at which time all products that have not been submitted and listed in the new NCP Product Schedule based on the amended test and listing criteria will be removed. Your product will be transitioned from the current NCP Product Schedule to the new NCP Product Schedule prior to December 12, 2025 after you submit a new complete package in accordance with § 300.955(b), and EPA makes a determination to list the product on the new NCP Product Schedule. All products previously identified as sorbents by EPA will remain available for use until December 12, 2025, at which time all sorbent products must have submitted information as applicable under § 300.955(a) and (b) and be listed in the new Sorbent Product List.

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 describes methods for required effectiveness and toxicity tests for specific product categories.

Sorbents

Requirements - Effective December 11, 2023.

EPA will make publicly available a Sorbent Product List that includes known, non-proprietary sorbents separate from the NCP Product Schedule. Manufacturers of sorbent products with components other than those specifically identified in the rule as non-proprietary sorbents may submit data and information requirements for EPA to consider those products for inclusion on the Sorbent Product List.

The Sorbent Product List (April 2024) is available for download on National Oil and Hazardous Substances Pollution Contingency Plan (NCP) Sorbent Product List page.

Disclaimer Information

The listing of a product on the NCP Product Schedule does not constitute approval or recommendation of the product. To avoid possible misinterpretation or misrepresentation, any label, advertisement, or technical literature for products on the NCP Product Schedule must display in its entirety the disclaimer shown below. The disclaimer must be conspicuous and must be fully reproduced on all product literatures, labels, and electronic media including website pages [40 CFR 300.965]. Failure to print the disclaimer provided in § 300.965 on all labels, advertisements, technical literature, or electronic media for products listed on the NCP Product Schedule shall constitute grounds for removing the product from the NCP Product Schedule [40 CFR 300.970].

Reminders for Manufacturers of Listed Products

For manufacturers of products listed on the NCP Product Schedule, EPA has provided a list of Subpart J Manufacturer Reminders for inclusion of the Subpart J product disclaimer statement, removal of EPA’s logo from documentation, and making changes to contact information.

Safer Choice

Note: Products may be eligible for recognition by EPA's Safer Choice (previously the Design for the Environment) program as a safer oil spill treatment. The Safer Choice program labels products that have met its stringent criteria for human health and environmental safety. Requirements for Safer Choice labeling and NCP Product Schedule listing are different. Fulfillment of Safer Choice criteria does not constitute meeting provisions for listing a product on the NCP Product Schedule; and vice versa.

For More Information

• Call the NCP Product Schedule Information Line at (202) 260-2342.