EPA Announces Stronger Standards to Improve Oil Spill Responses

May 31, 2023

WASHINGTON – Today, the U.S. Environmental Protection Agency finalized stronger standards to improve response efforts to oil spills and hazardous substance releases into waters of the United States and adjoining shorelines under the federal government’s National Contingency Plan (NCP). The new standards encourage the development of safer and more effective oil spill mitigating products like chemical and biological agents, provide emergency responders more information to better target the use of these agents, and require more transparency when these products are used.“When hazardous substance releases or oil spills occur that can harm our environment, it is crucial that we ensure response efforts are guided by the safest, most effective, most protective practices,” said Clifford Villa, Deputy Assistant Administrator for EPA’s Office of Land and Emergency Management. “This rule will increase transparency and reporting requirements and support the emergency responders working to protect our communities.”The rule amends Subpart J of the National Contingency Plan, which governs the listing and use of dispersants and other chemical and biological agents when responding to oil discharges into waters of the United States and adjoining shorelines. The final rule amends the Subpart J criteria for listing agent products on the NCP Product Schedule, updates the product testing protocols and revises the authorization of use provisions for listed agent products. On-Scene Coordinators may authorize the use of products listed on the NCP Product Schedule as part of an oil spill response.The amended and new provisions in the final rule are intended to improve the safety and effectiveness of spill mitigating products, better tailor the use of these products to reduce risks, and ensure emergency responders have sufficient information to make better decisions about how and when to use chemical or biological agents.Highlights of the rule include:

For more information on the final rule: https://www.epa.gov/emergency-response/revisions-subpart-j-national-contingency-plan-product-listing-and-authorization

Background:In 1994, EPA revised the NCP in response to the passage of the Oil Pollution Act of 1990, addressing requirements under Subpart J for listing and authorizing the use chemical and biological agent products when responding to oil discharges into waters of the United States and adjoining shorelines.On July 27, 2021, EPA finalized monitoring requirements under Subpart J of the NCP for dispersant use in response to major oil discharges and certain other atypical dispersant use situations into waters of the United States and adjoining shorelines.