3. "In the judgement of the EPA RRT member on a case-by-case basis, 

 in consultation, whenever possible, with appropriate State 

 and Federal agencies, result in the least overall environmental 

 damage, or interference with designated water uses." Again, 

 the authorization for use under this case is from the EPA RRT 

 member. There is a significant difference in the consultation 

 requirement between case 3 and case 2 in that the statement, 

 "whenever possible" appears. In practice, this means that 

 if representatives of other agencies are available, the EPA RRT 

 member should consult them. 



These authorizations for use of dispersing agents apply to minor, medium, 

 and major discharges as defined by the contingency plan. 



No dispersants can be used on any oil spill unless specific technical 

 product data has been provided and accepted by EPA. This product data is 

 identified in Annex X in the National Contingency Plan and includes dispersant 

 effectiveness and toxicity, as well as several physical testing parameters. 

 To date, no technical product data have been accepted on any dispersant by 

 EPA. The technical product data acceptance requirement applies only to cases 

 2 and 3 and not to case 1, that is, the hazard to human life or 

 limb case. In the judgment of the On-Scene Coordinator, if the hazards to 

 life or limb are so imminent that the time delay for obtaining an accepted 

 dispersing agent would be excessive, then any dispersant, whether accepted 

 or not, may be used. 



After the decision has been made to use a dispersing agent, the On-Scene 

 Coordinator will determine the quantities, location, and time. The intent 

 of the Federal policy on the use of dispersants is to remove or mitigate 

 the effects of oil or hazardous substance discharges. Additionally, in imple- 

 menting this schedule and in maintaining its relationship with other Federal 

 and State agencies, EPA will recognize that some States may have more stringent 

 laws, regulations, or written policies regulating the use of chemicals in 

 the removal of oil and hazardous substance discharges. In these cases, such 

 laws, regulations, or policies will govern. 



LITERATURE CITED 



Canevari , G. P. 1969. General dispersant theory. Proc. Joint Conf. on 

 Prevention and Control of Oil Spills, API-FWPCA. Washington, D.C. 



Council on Environmental Quality. 1975. National oil and hazardous substances 

 pollution contingency plan. Federal Register Vol. 40:No. 28. 



Murphy, T., and L. McCarthy. 1969. Evaluation of the effectiveness of oil spill 

 dispersants. Proc. joint conf. on prevention and control of oil spills, 

 API-FWPCA. Washington, D.C. 



Poliakoff, Melvin, A. 1969. Oil dispersing chemicals. Edison Water Quality 

 Lab., FWPCA, Edison, New Jersey. 



Portmann, J. E. 1970. The toxicity of 120 substances to marine organisms. 

 Fisheries Laboratory, Burnham on Crouch, Essex, United Kingdom. 



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