Rule2025-19918
National Oil and Hazardous Substances Pollution Contingency Plan; Extension of Transition Period for New Product Schedule Listing
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 17, 2025
Effective
November 17, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is taking interim final action to revise the transition date in recent amendments to the requirements in Subpart J of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) that governs the use of dispersants, other chemicals, and other spill mitigating substances when responding to oil discharges into jurisdictional waters of the United States. Specifically, the EPA is revising the date until which products listed on the current NCP Product Schedule will remain conditionally listed and available for use from December 12, 2025, to June 10, 2026, for certain agent categories for which there are no new products listed as of December 12, 2025, in accordance with recently amended testing and listing criteria. This rule will become effective immediately while the Agency seeks comments on this targeted revision to the new NCP Product Schedule transition date. EPA will respond and update this interim final action as appropriate.
Full Text
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<title>Federal Register, Volume 90 Issue 219 (Monday, November 17, 2025)</title>
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[Federal Register Volume 90, Number 219 (Monday, November 17, 2025)]
[Rules and Regulations]
[Pages 51181-51187]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19918]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-OPA-2006-0090; FRL-4526.2-01-OLEM]
RIN 2050-AH43
National Oil and Hazardous Substances Pollution Contingency Plan;
Extension of Transition Period for New Product Schedule Listing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule; request for comment.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking
interim final action to revise the transition date in recent amendments
to the requirements in Subpart J of the
[[Page 51182]]
National Oil and Hazardous Substances Pollution Contingency Plan (NCP)
that governs the use of dispersants, other chemicals, and other spill
mitigating substances when responding to oil discharges into
jurisdictional waters of the United States. Specifically, the EPA is
revising the date until which products listed on the current NCP
Product Schedule will remain conditionally listed and available for use
from December 12, 2025, to June 10, 2026, for certain agent categories
for which there are no new products listed as of December 12, 2025, in
accordance with recently amended testing and listing criteria. This
rule will become effective immediately while the Agency seeks comments
on this targeted revision to the new NCP Product Schedule transition
date. EPA will respond and update this interim final action as
appropriate.
DATES: This rule is effective on November 17, 2025. Comments must be
received on or before December 17, 2025.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OPA-2006-0090, by any of the following methods:
<bullet> Federal eRulemaking portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket EPA-HQ-OPA-2006-0090, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
<bullet> Hand delivery or courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday through Friday (except Federal holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information
provided. Although listed in the index, some information is not
publicly available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available electronically through <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Michael Beuthe, Office of Land and
Emergency Management, Mail Code 5104A, Environmental Protection Agency,
1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number:
202-566-1499; email: <a href="/cdn-cgi/l/email-protection#3d5f58484955581350545e555c58517d584d5c135a524b"><span class="__cf_email__" data-cfemail="6b090e1e1f030e45060208030a0e072b0e1b0a450c041d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Information
In 2015, EPA proposed amendments to 40 CFR 300.900 through 300.970:
NCP Subpart J that sought to: (1) establish new monitoring requirements
for certain atypical dispersant use situations; (2) revise the data and
information requirements for chemical and biological agent products to
be listed on the NCP Subpart J Product Schedule; and (3) revise the
authorization of use of procedures for chemical and biological agents
in response to an oil discharge to Clean Water Act (CWA) section 311
jurisdictional waters and adjoining shorelines. (80 FR 3380, January
22, 2015). In January 2020, environmental groups filed suit seeking to
compel EPA to take final action on the 2015 proposed rulemaking. On
July 6, 2021, EPA promulgated a final rule addressing one component of
these revisions: monitoring requirements for dispersant use in atypical
situations. (86 FR 40234, July 27, 2021). EPA did not issue a final
rule on the other two components of the 2015 proposed rulemaking.
On August 9, 2021, the court ordered EPA to take final action on
the remaining listing and authorization of use provisions by May 31,
2023. Earth Island Inst. v. Regan, 553 F. Supp. 3d 737, 746 (N.D. Cal.
2021). On May 31, 2023, EPA promulgated a final rule on the remaining
provisions. (88 FR 38280, June 12, 2023).
The 2023 final rule amended Subpart J of the NCP by adding new
listing criteria, revising the efficacy and toxicity testing protocols,
and clarifying the evaluation criteria for removing products from the
NCP Product Schedule, as well as amending requirements for the
authorities, notifications, and data reporting when using chemical or
biological agents. The final requirements specifically emphasized the
development of safer and more effective spill mitigating products. The
final amendments also underscored the need to better target the use of
these products to reduce the potential risks presented to human health
and the environment by not only the oil discharges, but also by the
response technologies. Furthermore, the 2023 rule addressed
recommendations from the National Commission on BP Deepwater Horizon
Oil Spill and Offshore Drilling Report \1\ and EPA Inspector General
Report.\2\ These recommendations include that EPA review and update
product testing protocols. The 2023 final rule provided a process to
transition listed products on the NCP Product Schedule based on the
1994 regulatory requirements to the new NCP Product Schedule, as well
as for listing sorbent products on the new Sorbent Product List. A 24-
month transition period was established to provide time to prepare and
submit new product packages according to amended testing and listing
requirements and for EPA to review and make listing determinations. The
transition period was to also allow for the continued availability of
previously listed products for planning and response activities.
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\1\ <a href="https://www.govinfo.gov/content/pkg/GPO-OILCOMMISSION/pdf/GPO-OILCOMMISSION.pdf">https://www.govinfo.gov/content/pkg/GPO-OILCOMMISSION/pdf/GPO-OILCOMMISSION.pdf</a>.
\2\ <a href="https://www.epa.gov/office-inspector-general/report-revisions-needed-national-contingency-plan-based-deepwater-horizon">https://www.epa.gov/office-inspector-general/report-revisions-needed-national-contingency-plan-based-deepwater-horizon</a>.
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This action revises the transition date--the date until which
certain products listed on the NCP Product Schedule as of December 11,
2023, will remain conditionally listed and available for use--from
December 12, 2025, to June 10, 2026 provided that no products are
listed on the new Product Schedule as of December 12, 2025,
specifically for those agent categories for which no products have been
added to the NCP Product Schedule under the revised regulation. At the
time of this rule publication, those categories consist of Surface
Washing Agents, Herding Agents, and Solidifiers. This rule will become
effective immediately to ensure responders retain continued access to
these response-critical agent categories while EPA concurrently seeks
comments on this targeted revision to the new NCP Product Schedule
transition date for the specific product categories. EPA will respond
and update this interim final action as appropriate.
A. Potentially Affected Entities
A list of NAICS codes at the three-digit level that could be
affected by the amended transition date established in this action is
provided in Table 1.
Table 1--Sectors Potentially Affected by the Interim Final Rule
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NAICS code Industrial category
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213.............................. Support Activities for Mining.
322.............................. Paper Manufacturing.
325.............................. Chemical Manufacturing.
326.............................. Plastics and Rubber Products
Manufacturing.
423.............................. Merchant Wholesalers, Durable Goods.
[[Page 51183]]
424.............................. Merchant Wholesalers, Nondurable
Goods.
454.............................. Nonstore Retailers.
493.............................. Warehousing and Storage.
541.............................. Professional, Scientific, and
Technical Services.
561.............................. Administrative and Support
Services.
562.............................. Waste Management and
Remediation Services.
811.............................. Repair and Maintenance.
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This table is not intended to be exhaustive but rather provides a
guide for readers regarding affected entities potentially regulated by
this action. This table includes the types of entities that EPA is
aware could potentially be regulated by this action. Other types of
entities not included in the table could also be regulated. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed in the FOR FURTHER INFORMATION
CONTACT section.
B. Action the Agency is Taking
EPA is extending by 180 days the transition date until which
Surface Washing Agent products, Solidifier products, and Herding Agent
products listed in the current NCP Product Schedule will remain
conditionally listed and available for use, from December 12, 2025, to
June 10, 2026. The transition date extension is specifically targeted
to only those agent categories for which no products have been added to
the Product Schedule under the revised regulation as of December 12,
2025, in accordance with testing and listing criteria as amended in
2023. This rule will become effective immediately while the EPA seeks
comments on this targeted revision of the transition date to the new
NCP Product Schedule. The Agency will respond and update this interim
final action as appropriate.
C. Statutory Authority
Under sections 311(d) and (j) of the Clean Water Act (CWA), as
amended by section 4201 of the Oil Pollution Act of 1990 (OPA), Public
Law 101-380, the President is directed to prepare and publish the NCP
for removal of oil and hazardous substances. Specifically, section
311(d)(2)(G) directs the President to include a schedule identifying
``(i) dispersants, other chemicals, and other spill mitigating devices
and substances, if any, that may be used in carrying out the Plan, (ii)
the waters in which such dispersants, other chemicals, and other spill
mitigating devices and substances may be used, and (iii) the quantities
of such dispersant, other chemicals, or other spill mitigating device
or substance which can be used safely in such waters'' as part of the
NCP. The Agency has promulgated the NCP, see 40 CFR 300.1 et seq.,
including the schedule of dispersants, other chemicals, and other oil
spill mitigating devices and substances (see 40 CFR 300.900 et. seq.)
as directed by section 311(d)(2)(G) of the CWA. The President is
further authorized to revise or otherwise amend the NCP from time to
time, as the President deems advisable. 33 U.S.C. 1321(d)(3). The
authority of the President to implement section 311(d)(2)(G) of the CWA
is delegated to EPA in Executive Order 12777, as amended (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 statutory schedule
provided for in CWA section 311(d)(2)(G) includes the NCP Product
Schedule, the Sorbent Product List, and the Subpart J 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.
D. Costs and Benefits
EPA has determined that this interim final rule provides benefits
by reducing burden through extending the transition date to allow
product submissions of certain agent categories and by addressing
potential challenges to oil spill responses due to unavailability where
the use of such agents may be advantageous to protect human health and
the environment.
II. Background
A. General Background
In the United States and around the world, chemical and biological
agents are among the oil spill mitigation technologies available that
responders may consider. The use of chemical and biological agents are
governed by Subpart J of the NCP regulation found at existing 40 CFR
300.900 et seq. Subpart J of the NCP sets forth the regulatory
requirements for the use of chemical and biological agents when
responding to oil discharges to CWA jurisdictional waters. Subpart J of
the NCP includes in which includes separate provisions for product
testing and listing on the NCP Product Schedule and Sorbent Product
List, and for authorization of use procedures. These requirements
provide the structure for the On-Scene Coordinator (OSC) to determine
in each case the waters and quantities in which dispersants or other
chemical agents may be safely used in such waters, if any. This
determination is based on all relevant circumstances, testing and
monitoring data and information, and is to be made in accordance with
the authorization of use procedures, including the appropriate
concurrences and consultations, found within the regulation. When taken
together, the Subpart J regulatory requirements address the types of
waters and the quantities of listed agents that may be authorized for
use in response to oil discharges.
B. Product Schedule Transition
The regulatory amendments published on June 12, 2023 (88 FR 38280)
provide a process to transition products listed on NCP Product Schedule
under the 1994 regulatory requirements to the new NCP Product Schedule,
as well as for listing sorbent products on the new Sorbent Product
List. The 2023 final rule became effective on December 11, 2023. From
December 11, 2023, Subpart J product manufacturers had two years to
retest their product and resubmit an application for listing as
provided in the NCP Subpart J. The transition period allows for the
continued availability of previously listed products to be accessible
for planning and response activities until the transition is finalized.
Section 300.955(f) of the 2023 final rule provides that all
products listed on the 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 on the NCP Product
Schedule based on the amended testing and listing criteria will be
removed. Under the 2023 rule, products will be transitioned from the
current NCP Product Schedule to the new NCP Product Schedule prior to
December 12, 2025, provided a new complete package is submitted in
accordance with 40 CFR 300.955(b), and EPA makes a determination to
list the product on the new NCP Product Schedule. Products listed on
the NCP Product Schedule prior to December 11, 2023, for which a new
submission is not received or that do not meet the revised listing
criteria, will not be transitioned to the new NCP Subpart J Product
[[Page 51184]]
Schedule at the end of the 24-month transition period.
Parallel to the transition for the NCP Product Schedule, the 2023
rule provides that all products previously identified as sorbents that
received written certifications confirming their status as a sorbent
from EPA will remain available for use during a response until December
12, 2025. EPA no longer issues written certifications for sorbent
products as of December 12, 2023. A generic list of sorbents, as well
as sorbents meeting the 2023 Subpart J sorbent listing requirements,
will be listed on a new publicly available Sorbent Product List.
B. Implementation Issues
There are 130 conditionally listed products listed on the NCP
Product Schedule until December 12, 2025, at which time, under the 2023
rule, all products that have not been submitted and listed in the new
NCP Product Schedule based on the amended test and listing criteria are
to be removed. To date, in addition to the new regulatory listings for
generic nutrients under the bioremediation agent category,\3\ there are
three unique formulations for dispersant products listed on the new NCP
Product Schedule. Similarly, in addition to the new regulatory listings
for generic sorbent materials,\4\ nine commercial sorbent products have
been listed on the new Sorbent Product List in accordance with 40 CFR
300.915(g)(2). There were over 200 sorbents that received sorbent
letters under the 1994 rule.
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\3\ 40 CFR 300.915(d)(4).
\4\ 40 CFR 300.915(g)(1).
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Concerns have been raised by industry and Federal response
stakeholders that EPA has not listed any products in the following
categories: Surface Washing agents, Herding agents, and Solidifiers.
Therefore, absent an extension for those categories, emergency
responders would not have certain spill clean-up and/or spill
mitigating products available for preauthorization or case-by-case
authorization to address oil discharges or threats of discharges after
the transition date. The use of oil spill mitigating substances that
fall within these agent categories can play a critical role in
responding to oil discharges to CWA jurisdictional waters and can help
mitigate the impacts of such discharges on the environment. For
example, surface washing agents may be used to separate oil from solid
surfaces (e.g., the hull of an oil response vessel, rocky beaches) so
that the oil can be collected and disposed, thus mitigating the impact
of an oil discharge on the environment. Considering numerous response
assets (e.g., oil response vessels, oil containment booms, mechanical
recovery devices) may be deployed to mitigate an oil discharge, the use
of surface washing agents may play a significant role in
decontaminating oiled assets used during a response in a controlled
manner, thereby minimizing the impact of the discharged oil. Likewise,
the availability of herding agents that may be used to control the
spreading of oil to allow for oil removal, and of solidifiers that may
be used to prevent oil from dissolving into the water column, may also
assist in mitigating potential impacts resulting from an oil discharge.
It is important to note that, while Subpart J of the NCP
establishes the requirements for product submissions to be considered
for listing on the NCP Product Schedule, there is no obligation for
product manufacturers or their representatives to make submissions for
listing. Additionally, Subpart J does not prohibit submitters from, at
any time, requesting their products be removed from the NCP Product
Schedule or Sorbent Product List.
Since the new requirements were finalized in 2023, EPA has sent
four reminders to known Subpart J product manufacturers to notify them
of the new requirements and the Product Transition details. To date,
there have been several products submitted to EPA for review, including
dispersants and sorbents. Additionally, the Agency has received several
dozen technical assistance requests for both transitioning products and
for new products, including for at least one product in each product
category. Taken together, these requests represent the potential for
additional unique product formulations submissions for listing on the
new NCP Product Schedule. Therefore, the Agency believes this
transition date extension provides the potential for at least one
product in each category to be available at the time the extended
transition ends.
III. Regulatory Revisions
This interim final action provides a 180-day extension of the
deadline for transitioning listed products under certain specified
categories to the new NCP Product Schedule--provided that no products
are listed in these categories as of December 12, 2025. The 180-day
extension is targeted to only those agent categories for which no
products have been listed in accordance with the 2023 final rule
amended requirements: Surface Washing agents, Herding agents, and
Solidifiers.
This action specifically amends the requirements under Subpart J of
the NCP at 40 CFR 300.955(f)--Transitioning Listed Products to the New
NCP Product Schedule or Sorbent Product List--to include a 180-day
extension for products in the Surface Washing, Herding, and Solidifier
agent categories that were listed under the prior regulations to remain
conditionally listed until June 10, 2026 provided that no products are
listed in these agent categories on the new NCP Product Schedule as of
December 12, 2025. On June 10, 2026, 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. Surface Washing,
Herding, and Solidifier agent products will be transitioned from the
current NCP Product Schedule to the new NCP Product Schedule prior to
June 10, 2026, after new complete packages are submitted in accordance
with 40 CFR 300.955(b), and EPA makes a determination to list the
product on the new NCP Product Schedule. The conditionally listed
products would remain available to responders through the extended
transition period. Products in the Surface Washing, Herding, and
Solidifier agent categories that are not transitioned to the new NCP
Product Schedule prior to the June 10, 2026 transition deadline, may
still be considered for listing on the new NCP Product Schedule after
new complete packages are submitted in accordance with 40 CFR
300.955(b), and EPA makes a determination to list the product on the
new NCP Product Schedule.
The 180-day extension allows for the 90-day timeline established in
the regulation for EPA to review, make a listing determination, and
provide written notification to the submitter. In addition to this 90-
day listing timeline, it also allows for the 30-day window established
in the regulation for submitters to request that EPA review listing
denials, and for the subsequent 60-day window for the Agency to provide
written notification of its final review determination (see 40 CFR
300.955(c) and (d)). The Agency will continue to provide technical
assistance on completing submission packages for new NCP Product
Schedule listings during this extended transition period.
This targeted and short-term transition date extension reduces the
possibility of oil spill response challenges due to unavailability of
certain agent categories where the use of such agents may be
advantageous to protect human health and the
[[Page 51185]]
environment. Nonetheless, it also clearly signals the Agency's intent
to transition to the new NCP Product Schedule only products that meet
the more stringent testing requirements of the 2023 revisions, with the
goal of ensuring that only safer and more effective spill mitigating
products continue to be available for responders to consider as
potential oil spill response tools.
Products in both the Dispersant and Bioremediation agent
categories, either as proprietary formulations as is the case for
dispersants, or as generic listings as is the case for Bioremediation
agents, have already been approved for transition or inclusion on the
new Product Schedule. Thus, the transition date for all products under
the Dispersant and Bioremediation agent categories to be transitioned
to the new NCP Product Schedule will remain the same: December 12,
2025. All Dispersant and Bioremediation agent products that have
submitted packages in accordance with 40 CFR 300.955(b), and for which
EPA makes a determination to list the product on the new NCP Product
Schedule, will be transitioned to the new NCP Product Schedule.
Likewise, the new Sorbent Product List currently includes products in
accordance with the 2023 amended requirements, both as a proprietary
formulation or as a generic listing. Thus, the transition date for all
Sorbent products to be transitioned to the new Sorbent Product List
will remain the same: December 12, 2025. 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 40 CFR 300.955(a) and (b) and
be listed on the new Sorbent Product List.
Finally, the 2023 final rule removed the category and definition
for Miscellaneous Oil Spill Control Agent (MOSCA) from the NCP, as it
was used as a catchall for all types of products that did not meet
other agent definitions. The Agency continues to believe that removing
the MOSCA category and definition does not necessitate the automatic
reassignment of these products under the definition of another chemical
or biological agent, or substance. Thus, this action does not extend
the transition deadline to products conditionally listed under the
MOSCA category. Products listed under this category will not be
transitioned to the new NCP Product Schedule and will no longer be
listed after the December 12, 2023, transition deadline unless the
MOSCA is tested and qualifies for listing under a product category
contained in the 2023 rule.
IV. Rulemaking Procedures
EPA's authority for the rulemaking procedures followed in this
action is provided by the Administrative Procedure Act, 5 U.S.C.
553(b)(B). This provision authorizes agencies to forego prior notice
and comment ``when the agency for good cause finds (and incorporates
the finding and a brief statement of reasons, therefore, in the rule
issued) that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.''
The EPA finds good cause to issue this interim final rule without
prior notice and comment because such procedures are impracticable.
Specifically, there is insufficient time before the December 12, 2025
transition deadline for EPA to ensure that certain NCP Product Schedule
categories will be accessible for planning and response activities
beyond the current transition period. This is because EPA did not
receive revised product packages to evaluate and list in certain
categories (i.e., Surface Washing, Herding, and Solidifier agent
categories). The Agency engaged in multiple targeted outreach efforts
to known Subpart J manufacturers to notify them of the new requirements
and Product Schedule details since the 2023 final rule was published
and responded to technical assistance requests in order to facilitate
product listing efforts. Additionally, EPA met with the oil spill
response community, including private and public stakeholders, to
update them on the status of the Subpart J transition period and to
make them aware of the amended requirements for listing products on the
NCP Product Schedule. Given this, and the number of technical
assistance requests received during the initial transition period, the
Agency did not expect that by the end of the transition period it would
face the listing issues now encountered. The Agency did not take
earlier action to extend the transition date, as it was expecting there
would be sufficient listed products under all product categories
available for use in a response. Nonetheless, the transition date
extension is targeted to those listed products under the Surface
Washing agents, Herding agents, and Solidifiers categories, as these
categories are the ones that currently do not have products listed on
the new NCP Product Schedule in accordance with the 2023 amended
requirements. The use of oil spill mitigating substances that fall
within these agent categories can play a critical role in responding to
oil discharges to CWA jurisdictional waters and can help mitigate the
impacts of such discharges on the environment. For example, surface
washing agents may be used to separate oil from solid surfaces (e.g.,
the hull of an oil response vessel, rocky beaches) so that the oil can
be collected and disposed, thus mitigating the impact of an oil
discharge on the environment. Considering numerous response assets
(e.g., oil response vessels, oil containment booms, mechanical recovery
devices) may be deployed to mitigate an oil discharge, the use of
surface washing agents may play a significant role in decontaminating
oiled assets used during a response in a controlled manner, thereby
minimizing the impact of the discharged oil. Likewise, the availability
of herding agents that may be used to control the spreading of oil to
allow for oil removal, and of solidifiers that may be used to prevent
oil from dissolving into the water column, may also assist in
mitigating potential impacts resulting from an oil discharge.
As stated in section III of this preamble, EPA chose to extend the
transition date by 180 days to ensure EPA has 90 days to review product
submission for these product categories and, as applicable, an
additional 90 days for product submitters to request a review of a
decision (see 40 CFR 300.955(c) and (d)).
For the reasons discussed earlier in this preamble, this interim
final rule is effective immediately upon publication. APA section
553(d) provides that final rules may become effective upon publication
in the Federal Register if the rule ``relieves a restriction,'' is an
interpretive rule or statement of policy, or if the agency otherwise
finds ``good cause'' for doing so. 5 U.S.C. 553(d)(1)-(3). The purpose
of this provision is ``to give affected parties a reasonable time to
adjust their behavior before the final rule takes effect.'' Omnipoint
Corp. v. FCC, 78 F.3d 620, 630 (D.C. Cir. 1996). In determining whether
good cause exists to waive the 30-day delay, an agency should ``balance
the necessity for immediate implementation against principles of
fundamental fairness which require all affected persons be afforded a
reasonable amount of time to prepare for the effective date of its
ruling.'' Id. The EPA has determined that there is good cause for
making final rule effective immediately under section 553(d) because it
provides relief to product manufacturers in certain product categories
to submit a product listing package in time to be listed on the new NCP
Product Schedule by
[[Page 51186]]
extending the transition period date. For the same reasons, the rule
also ``relieves a restriction'' under section 553(d)(1).
V. Request for Comment
As explained in section IV of this preamble, the EPA finds good
cause to take this interim final action without prior notice or
opportunity for public comment. Nevertheless, the EPA is providing an
opportunity for comment on the amendments to the transition period in
this interim final rule. However, the EPA is not reopening or
reconsidering as part of this rule any provisions of the 2023 final NCP
Subpart J rule amendments other than the specific provisions that are
expressly amended in this interim final rule. The EPA will review and
respond to any comments received, including by making changes to this
action, if appropriate.
VI. Statutory and Executive Orders
Additional information about these statutes and executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is considered an Executive Order 14192 deregulatory
action. This interim final rule provides burden reduction by extending
the transition period date to allow product submissions of certain
agent categories and address potential challenges to oil spill
responses due to unavailability where the use of such agents may be
advantageous to protect human health and the environment. Details on
the estimated cost savings of this final rule can be found in EPA's
Regulatory Economic Assessment in the rulemaking docket for this
action. The overall cost savings is estimated to be between $1,017 and
$5,063 per year.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. The Office of Management and Budget (OMB) has previously
approved the information collection activities that apply to the
regulated entities affected by this action and has assigned OMB control
number 2050-0141 (EPA number 1664.14). This action does not change the
information collection requirements.
D. Regulatory Flexibility Act (RFA)
The EPA concludes that this interim final rule will not have a
significant economic impact on a substantial number of small entities
because the rule has no net increase in burden on the small entities
subject to the rule. The interim final action providing a 180-day
extension of the date for transitioning listed products under certain
specified categories to the new NCP Product Schedule provided that no
products are listed in these agent categories on the new NCP Product
Schedule as of December 12, 2025, will impose no net regulatory burden
for all directly regulated small entities.
E. Unfunded Mandates Reform Act
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any State,
local or Tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action provides a 180-day extension for
products in the Surface Washing, Herding, and Solidifier agent
categories to remain conditionally listed on the NCP Product Schedule
until June 10, 2026, provided that no products are listed in these
agent categories on the new NCP Product Schedule as of December 12,
2025, and does not impose any new regulatory requirements. It does not
have a substantial direct effect on one or more Indian Tribes, in that
this action imposes no regulatory burdens on Tribes. Thus, Executive
Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. This action is not subject to Executive Order
13045 because the environmental health or safety risks addressed by
this action do not present a disproportionate risk to children.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rule does not involve technical standards.
K. Congressional Review Act
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 300
Environmental protection, Chemicals, Oil pollution.
Lee Zeldin,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, part
300, of the Code of Federal Regulations is amended as follows:
PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O.
13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR,
1987 Comp., p. 193.
0
2. Amend Sec. 300.955 by revising paragraph (f) to read as follows:
Sec. 300.955 Addition of a product to the NCP Product Schedule or
Sorbent Product List.
* * * * *
(f) Transitioning Listed Products to the New NCP Product Schedule
or Sorbent Product List.
(1) Bioremediation and Dispersant Agents. All dispersant and
bioremediation agent products on the NCP Product Schedule as of
December
[[Page 51187]]
11, 2023, will remain conditionally listed until December 12, 2025, at
which time all dispersant and bioremediation agent 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 dispersant
or bioremediation product will be transitioned from the conditional NCP
Product Schedule listing to the new NCP Product Schedule prior to
December 12, 2025, after you submit a new complete package in
accordance with Sec. 300.955(b), and EPA makes a determination to list
the product on the new NCP Product Schedule.
(2) Surface Washing Agents, Herding Agents, and Solidifiers. All
surface washing, herding, and solidifier agent products on the NCP
Product Schedule as of December 11, 2023, will remain conditionally
listed until June 10, 2026--provided that no products are listed on the
new NCP Product Schedule in these categories as of December 12, 2025.
On June 10, 2026, 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 surface washing agent, herding agent, or
solidifier product will be transitioned from the conditional NCP
Product Schedule listing to the new NCP Product Schedule prior to June
10, 2026, after you submit a new complete package in accordance with
Sec. 300.955(b), and EPA makes a determination to list the product on
the new NCP Product Schedule.
(3) Sorbents. 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 Sec. 300.955(a) and (b) and be listed in the new Sorbent Product
List.
[FR Doc. 2025-19918 Filed 11-14-25; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.