THE U.S. ENVIRONMENTAL PROTECTION AGENCY: NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN, SUBPART J PRODUCT SCHEDULE (40 CFR 300.900)

2001 ◽  
Vol 2001 (2) ◽  
pp. 1479-1483 ◽  
Author(s):  
William J. Nichols

ABSTRACT The U.S. Environmental Protection Agency (EPA) manages the National Oil and Hazardous Substances Pollution Contingency Plan Final Rule, Subpart J Product Schedule (40 Code of Federal Regulations Part 300.900), which lists dispersants, surface-washing agents (SWAs), bioremediation agents, surface-collecting agents, and miscellaneous oil spill control agents that may be used in response to oil spills on land and on or near waters of the United States, depending on the product and its proper application. Over the last few years, alternative oil spill response methods have been gaining in acceptance and use in the field among first responders, industry, state and federal agencies, Congress, and the entire oil spill response community. EPA sets policy and guidance for the proper use and authority to use these products. Manufacturers and vendors of these products have become more aware of this acceptance evidenced by the frequency that EPA is contacted to provide information on the listing process and EPA policy regarding their use. The number of applications to add new products to the Subpart J Product Schedule has increased over the last year. Subpart J is very prescriptive and specific in directing manufacturers to perform the proper test within the proper protocols, yet many applications are rejected or need modification because of errors in testing procedures or data reporting. This paper will address the data needed to list a product under each category and will clarify issues related to the Product Schedule. It will also address the policies that EPA uses to enforce the Subpart J regulation. The author has managed the Product Schedule for over 3 years, and his experience and expertise regarding the issues surrounding alternative countermeasures will be covered as well. Dispersants, SWAs, chemical sorbents, and other technologies have sparked controversy and confusion in all regions and areas of the United States, and in some cases internationally. Many research efforts have added to the baseline knowledge we have about dispersants and bioremediation agents' toxicity, efficacy, and proper use, but conflicts still arise as that data is interpreted and applied in the field. The reader will have a better understanding of why and how alternative countermeasures are required to be listed and describe the authority to use them based on EPA policy.

2005 ◽  
Vol 2005 (1) ◽  
pp. 107-110
Author(s):  
Jereme M. Altendorf

ABSTRACT NEPA is a policy and procedural statute that makes environmental protection a part of the mandate of every federal agency and department. NEPA was enacted to establish a framework for public review of the environmental impacts of actions carried out by the federal government. NEPA anticipates that most federal actions are planned in detail and are implemented over the course of months or years. This planning and implementation cycle, allows detailed analysis of specific project impacts. Environmental response actions taken by the United States Environmental Protection Agency (EPA) or the United States Coast Guard (CG) under the regulatory authorities established by the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) are also considered specific federal actions. However, the nature of these specific actions varies greatly depending on the exact nature of each incident; therefore traditional NEPA planning is neither possible nor appropriate. The NCP establishes a mechanism of continuous environmental assessment and review through the network of Regional Response Teams (RRT), local emergency area planning committees, Area Contingency Planning (ACP) Committees, and the availability of local area contingency plans to the public on a contingency basis for review or comment. Federal courts have allowed functional equivalence doctrine to apply exclusively to EPA because of their adherence to “substantive and procedural standards ensuring full and adequate consideration of environmental issues.” These decisions have held up the interpretation that NEPA compliance is unnecessary where the agency is independently required to consider environmental issues. The EPA and the CG share the responsibility of protecting public health, welfare, and environment from discharges or threats of discharges of oil and/or releases or threats of a releases of hazardous substances, pollutants and/or contaminants under the planning, preparedness, and response scheme established by the NCP and carried out by those working within the National Response System (NRS). For this reason any planning, preparedness, and response activities undertaken by EPA and CG personnel to mitigate accidental or intentional discharges of oil or releases of hazardous substances, pollutants, and/or contaminants within the purview of the NCP should be interpreted as functionally equivalent to the requirements found within NEPA.


2019 ◽  
Vol 93 (1) ◽  
pp. 51-74 ◽  
Author(s):  
Simone M. Müller

This article focuses on chemical retailers Jack and Charles Colbert to, first, show the externalization processes linked to the greening of U.S. industry through stricter consumer and environmental protection regulations and, second, illustrate the limitations of nationally framed environmentalism targeting businesses in a global market. Throughout the 1970s and 1980s, the Colberts traded chemicals that the U.S. Environmental Protection Agency had banned for use in the United States. They exported them legally to countries where the material was still a permitted commodity—primarily in the global South. Rare interview material illustrates how the exporters justified their unequal business deals by misappropriating the meaning of recycling.


Author(s):  
Luann J. Lynch ◽  
Almand R. Coleman ◽  
Cameron Cutro ◽  
Cameron Cutro

In September 2015, VW had admitted to United States regulators that it had deliberately installed “defeat devices” in many of its diesel cars, which enabled the cars to cheat on federal and state emissions tests, making them able to pass the tests and hit ambitious mileage and performance targets while actually emitting up to 40 times more hazardous gases into the atmosphere than legally allowed. The discovery had prompted the U.S. Environmental Protection Agency (EPA) to halt final certification of VW’s 2016 diesel models, and VW itself had halted sales of its 2015 models. As fallout from the defeat devices developed, VW posted its first quarterly loss in more than 15 years, and its stock plummeted. Top executives were replaced, and VW abandoned its goal of becoming the world’s largest automaker. Stakeholders around the world had been asking since the scandal broke: “How could this have happened at Volkswagen?”


Circulation ◽  
2015 ◽  
Vol 132 (suppl_3) ◽  
Author(s):  
James L Crooks ◽  
Wayne Cascio ◽  
Madelyn Percy ◽  
Jeanette Reyes ◽  
Lucas Neas ◽  
...  

Introduction: Extreme weather events such as dust storms are predicted to become more frequent as the global climate warms through the 21st century. Studies of Asian, Saharan, Arabian, and Australian dust storms have found associations with cardiovascular and total non-accidental mortality and hospitalizations for stroke. However, the only population-level epidemiological work on dust storms in the United States was focused on a single small metropolitan area (Spokane, WA), and it is uncertain whether its null results are representative of the country as a whole. Hypothesis: Dust storms in the United States are associated with daily cardiovascular mortality. Methods: Dust storm incidence data (N=141), including date and approximate location, as well as meteorological station observations, were taken from the U.S. National Weather Service. County-level mortality data for the years 1993-2005 were acquired from the National Center for Health Statistics. Ambient particulate matter monitor concentrations were obtained from the U.S. Environmental Protection Agency. Inference was performed used conditional logistic regression models under a case-crossover design while accounting for the nonlinear effect of temperature. Results: We found a 9.5% increase in cardiovascular mortality at a two-day lag (95% CI: [0.31%,19.5%], p = 0.042). The results were robust to adjusting for heat waves and ambient particulate matter concentrations. Analysis of storms occurring only on days with <0.1 inches of precipitation strengthened these results and in addition yielded a mean daily increase of 4.0% across lags 0-5 (95% CI: [0.07%,20.8%], p = 0.046). In Arizona, the U.S. state with the largest number of storms, we observed a 13.0% increase at a three-day lag (CI: [0.40%,27.1%], p = 0.043). Conclusions: Dust storms in the U.S. are associated with increases in lagged cardiovascular mortality. This has implications for the development of public health advisories and suggests that further public health interventions may be needed. Disclaimer: This work does not represent official U.S. Environmental Protection Agency policy.


Author(s):  
Constance J. Doyle

Triage and rescue of casualties from accidents involving hazardous materials is a challenge for many emergency medical services (EMS) personnel. With very toxic materials, the untrained and unprepared rescuer may become a victim. In addition, few hospitals in the United States have decontamination units attached to their emergency departments and emergency department personnel may become exposed if the casualty is not decontaminated. Many environmental cleanup teams, including the U.S. Environmental Protection Agency (EPA) team, are well trained in materials handling but are not immediately available when a hazardous materials spill with personal injuries occurs.


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