40 C.F.R. § 300.900

General

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(a) Section 311(d)(2)(G) of the Clean Water Act (CWA) requires EPA to prepare a schedule identifying dispersants, other chemicals, other spill mitigating devices and substances, if any, that may be used in carrying out the NCP; and the waters and quantities in which they may be used safely. This subpart establishes a schedule that includes the NCP Product Schedule identifying chemical and biological agents, the Sorbents Product List, 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.

(b) This subpart applies to the navigable waters of the United States and adjoining shorelines, the waters of the contiguous zone, and the high seas beyond the contiguous zone in connection with activities under the Outer Continental Shelf Lands Act, activities under the Deepwater Port Act of 1974, or activities that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States, including resources under the Magnuson Fishery Conservation and Management Act of 1976.

(c) This subpart applies to the use of chemical and biological agents as defined in Subpart A of this part, or other substances that may be used to remove, control, or otherwise mitigate oil discharges.

(d) [Reserved]

[59 FR 47453, Sept. 15, 1994, as amended at 88 FR 38333, June 12, 2023]

Notes of Decisions

Cited in 1 case, 2013–2013 · leading case: Alaska Cmty. Action on Toxics v. U.S. Env't Prot. Agency, 943 F. Supp. 2d 96 (D.D.C. 2013).

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Alaska Cmty. Action on Toxics v. U.S. Env't Prot. Agency, 943 F. Supp. 2d 96 (D.D.C. 2013). · cites it 3× “, and the schedule of dispersants required by section 311(d)(2)(G), known as the NCP Product Schedule, see 40 C.F.R. §§ 300.900 et seq. EPA first implemented the Act’s requirement to prepare a product schedule (formerly section 311(c)(2)(G) of the Act) in Annex X to the NCP.”

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