177 



Federal Register / Vol. 4S. No. 55 / Wednesday, March 19. 1980 / Rules and Regulations 17857 



:otnA It i> the intimt of this Schedule that 

 the ua« of chemicals and additives to remove 

 or mitigate the effects of oil or hazardous 

 substances discharges shall cause the least 

 overaB-environmentai impact 



2001^ In implementing ttijs Schedule and 

 in maintaining its relationship with other 

 Federal and Stat* agencies, EPA shall 

 recognize that some States may have mor» 

 stringent laws, regulations or written policies 

 regulating the us« of chemicals in the removal 

 of oil and haxardoos substance dischax^s, in 

 which case such laws, regulations or policies 

 shaO govern. 



2C01.d It hat bees determined that 

 because of the overriding need for prompt 

 initiation of discharge removal actions no 

 formal permit as provided for by See. 402 of 

 the Act shall be required before applicatioa 

 of chemicals to mitigate the effects of a 

 discharge. The ■provisions of Sec. lS10.Zl(fl 

 and 1510.36(a)(3) of this Plan shall apply. 



200! Definitiooa 



Materials applied to oil or floating 

 hazardous substances discharges art defined 

 as follows: 



2002.1 Chemical agent* or* thoM 

 elements, ctnnpoimda, or mixtures that 

 dispeiSA disaolv*. emnlsify, neutnllzs, 

 precipitate, redoes solabiUie, oxidizA 

 concentrato, congesl, entropy fix geU, make 

 the pollutant mas* raore rigid or viacoui, or 

 otherwise fadlitat* the mitlgatian of 

 deleterious effect* or removal of the pollutant 

 from the wateK 



2002.2 Diaposing Agent* ai* those 

 chemical agent* which emulsify, dispet«e,^r 

 solubiliza oil Into the water colimm or act to 

 further the snrfaca spreading of oil slicks in 

 order to fadlitat* dispersal of the oil into th* 

 water oolumiL 



2002 J Surface Collecting Agents ar* 

 those chemical agents which are a smfac* 

 film forming chemical for controlling oil layer 

 thickness. ' 



2002.4 Biological Additive* ai* 

 microbiological colttses, enzymes, or mitrleat 

 additive* that ara deliberately hitroduced 

 Into an oil or hazardou* sobstance spill for 

 the spetnfic purpose of encouraging bio- 

 degradation to mitigate the effects of a spiU. 



2002.5 BamiDg Agents ara thos* material* 

 which, through physical or chemical mean*, 

 improve .the combustibiiity of the materials to 

 which they are applied. 



2002J> Sinking Agent* are those material* 

 which axe applied to oil and faazBrdou* 

 substance spills to sink floatihg pollutants 

 below the water surface 



2002.7 Mechanical remorval methods 

 include th* use of pumps, sldmmer*, boom*, 

 eartfamoving equtpmeo^ and other 

 mechanical device*. 



2002.a Sorbasta ore easentialty inert and 

 insoluble materials which are used to remove 

 oiLand hazardous substances ficom water 

 through a variety of sorption mechanism*. 

 Example* incfaide; straw, expanded perlite, 

 polyuiethane foama, ledoimied paper fibers, 

 pcatmoaa. 



2003 Dispersmg Agent Program for Spills of 

 Oil and Applicable Hazardous Substances 



2003.1 AuthoriaatiaD for Use of Dispening 

 Agent* 



2003.1-1 Major and medftun discharges. 

 Dispersing agents may be used in any place, 

 at any time, and in quantities designated by 

 the OSC when their use will: 



2003.1-1.1 In the judgment of the OSC 

 prevent or substantially reduce hazard to 

 human life. 



2003.1-1.2 In the Judgment of the EPA 

 RRT member on a case-by-case basis, in 

 conauitation with appropriate State or 

 Federal agencies, prevent or reduce 

 substantial hazard to « major segment of th* 

 popnlation(s) of vnlnerabla species of 

 waterfowh or, 



2003,1-1 J In th* iadgmant of th* EPA 

 RRT member os a caB*-by<ase t»sis, in 

 consultation with appropriate State and 

 Federal agendes, result in th* least overall 

 environmental damage, or interference with 

 designated water use*. 



2003.1-2 Minor discharge^ The provision* 

 of tecdon 21X13.1-1 shall apply. 



2003.2 Spedal Rcatrictios* on Dispersing 

 Agent Use: 



ao03J.2-l Chemical agents shall not be 

 conaidered for use as dispersing agent* 

 onles* technical product data have been 

 provided and accepted in accordance with 

 2003 J except when the jodgment of the OSC 

 the hoxnd* diicosaed is 2003.1-U ore so 

 imminent thet the time delay for obtaining * 

 dispenant agent that 1* in mmiillanre wiSs 

 2003J woold be excessive. 



2003.3-2 Federal oSdels responsibla for 

 oil and faazardoii* sebstasc* spill respcmse 

 acttrities at oil laveli shall develop effective 

 piogEam* to insure that (fispetsents that are 

 available for use in appropriate spill response 

 action* *n disposant* with adequate 

 technical daU on file with EPA. Thia effort 

 will help predude the avoidance of the EPA - 

 technical data program by manufacturers or 

 supplier* who might wish to take advantage 

 of the emergency conditiona provision of 

 2003.2-1. 



20O3.Z-3 For alt sitnatioo* where 

 dbpaasoDt* are used accurate nconli shall ' 

 be kept on dispersant types, brands, 

 application rates and methods, effectiveness, 

 environmental impacts, pins any other 

 pertinent observations, 



20033 Technical Product Data For 

 Dlspenlaj Agent* 



2003J-1 Technical product data a* 

 outlined hi 2a03J-( on the physical, chemical 

 and toxidty characteristic* of a dispersing 

 agent shall be submitted to the Oil and 

 Special Materials Control Division (WH-S48), 

 Emi i r umaental Protecdoa Agency, 

 Washington, DXl 20400, at least SO days prior 

 to the use of the agent Within 60 day* of 

 receipt of the data, EPA will inform, in 

 writing, th* submitter on tba sdeqnacy of the 

 data provided. If additional ix^ormation i* 

 requested or EPA desire* to perform tests, the 

 dispetshig agent may not be considered for 

 use imtil the adiiitlonal needs have been 

 satisfied and the submitter so notified. 



2003.3-2 Information fuxnished in 

 accordance with 20(}3.3-4 shall be maintained 

 on file by the Environmental Protection 

 Agency, Oil and Spedal Materials Control 

 Division, (WH-MS) Washington. 0£. 20460. 

 to provide technical guidance to OSCs on the - 

 acceptable drcumatonces of u*e and dosage 

 rates for dispersing agents. Any changes in 



the composition or formulation of the 

 dispersing agent that will affect any of the 

 data being requested in 2003.3-4 shall be 

 immediately brought to the attention of EPA 

 and testing of the agent will be repeated prior 

 to the use of the revised dispersing agent 



2003.3-3 The acceptance and 

 maintenance of product data by EPA does 

 not constitute approval of the dispersing 

 agent nor does it imply compliance with any 

 EPA criterial or minimum standards for such 

 agents. The OSC will determine which 

 dispersing agent may be used for a spill event 

 on a case-by-caae basis using all available 

 Information in making such a decision. To 

 avoid possible misinterpretation and 

 misrepresentation of the EPA'a role in this 

 technical product data program, the 

 manufacturer's representatives may use only 

 the EPA letter advising compliance with 

 2003.3-4 in any advertisements or technical 

 literature on the dispersing agent The EPA 

 letter must be used in lis entirety. Failure to 

 comply with these resoictiona or any other 

 improper reference to EPA in attempting to 

 demonstrate EPA approve! of the dispersing 

 agent for use on spills of oil or hazardou* 

 substances shall constitute grounds for 

 removing the iechnical product data from 

 EPA files, which would predude use of die 

 dispening agent except as noted in 2003.2-3 

 for imminent hazards. 



2003 J-4 Required Technical Product Data 



20O3.3-4J Nome, brand, or trademark, if 

 any, under which the chemical agent is sold. 



2003.3-4.2 Nome, address and telephone 

 immber of the manufacturer, importer or 

 vendor. 



2003.3-4.3 Name, address and telephone 

 number of primary distributers or sale* 

 Qutiets. 



2003J-4.4 Spedal handling and worker 

 precautions for storage and field application. 

 Maximtmi and minimum storage 

 temperatures to include optimum ranges a* 

 well as temperatures that will cause phase 

 separations, chemical changes or otherwise 

 damage effectiveness of the chemical agent 



2003.3-4.5 Shelf Life. 



2003.3-4.6' Recommended application 

 procedure(8), concentration(s) and condition* 

 for use depending upon water salinity, water 

 temperature and types and ages of the 

 pollutants. 



2003 J-4.7 Dispersant Toxidty— Use 

 standard toxidty test methods described in 

 EPA Report "Standard Dispersant 

 Effectiveness and Toxidty Test" (EPA Ra-73- 

 201, May 1973) pages 2a-34. This report may 

 be obtained from the Oil and Spedal 

 Materials Control Division fWH-S4a), EPA. 

 Washington, D.C 204ea 



2003.3-43 Dispersant Effectiveness— Use 

 standard effectiveness test methods in EPA 

 R2-73-201. May 1973. pages 11-21. 



2003.3-4.9 Flash Point — Select appropriate 

 method from the following: ASTM — D 56-70: 

 ASTM— O 92-72; ASTM— D 93-72; ASTM— D 

 1310-67. 



2003 J-4.10 Pour Point— Use ASTM D 97- 

 66 



2003.3^.11 Viscosity— Use ASTM D44S- 

 72 



2003.3-4.12 Specific Gravity^— Use ASTM 

 D 1298-67 



2003.3-4.13 pH— Use ASTM D 1293-65 



