(a) Submission. Submit your complete package to: U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Mail Code: 5104A, Room 1448, William J. Clinton North, Washington, DC 20460, Attention: Product Schedule Manager.

(b) Package contents. Your package shall include, as applicable, in this order:

(1) A cover letter on company letterhead signed and dated by you certifying that:

(i) All testing was conducted on representative product samples;

(ii) Testing was conducted at a nationally or internationally accredited laboratory in accordance with the methods specified in Appendix C to part 300, and other applicable methods as appropriate; and

(iii) All test results and product technical data and information are true and accurate.

(2) A page numbered Table of Contents showing the information and data submitted under § 300.915(a) through (g), as applicable;

(3) All required data and information arranged in the same order as specified in § 300.915(a) through (g); and

(4) A separate envelope containing and labeled Proprietary Business Information as specified in § 300.950(b), if applicable.

(c) EPA Review. EPA shall, within 90 days of receiving a submission package:

(1) Review the package for completeness and compliance with all data and information requirements in §§ 300.915, 300.950, and this section; verify information; and request clarification or additional information, including testing as necessary;

(2) Make a product listing determination based on a technical evaluation of all data and information submitted in accordance with the requirements for each product category, relevant information on impacts or potential impacts of the product or any of its components on human health or the environment, and the intended use of the product; and

(3) Notify you in writing of its decision to list the product on the NCP Product Schedule or the Sorbent Product List, or of its decision and supporting rationale to reject the submission. If your submission is rejected:

(i) You may revise and resubmit a complete package to address test results, data, or information deficiencies.

(ii) EPA’s 90-day review will not start until a complete package is resubmitted.

(d) Request for review of decision. If your product is rejected for listing on the NCP Product Schedule or the Sorbent Product List, you may request that the EPA Administrator or designee review the determination. Your request must be in writing within 30 days of receipt of notification of EPA’s decision not to list the product on the NCP Product Schedule or the Sorbent Product List. Your request must contain a clear and concise statement with supporting facts and technical analysis demonstrating why the product meets the listing requirements.

(1) The EPA Administrator or designee may request additional information from you and may offer an opportunity for you to meet with EPA.

(2) The EPA Administrator or designee will notify you in writing of the decision within 60 days of receipt of your request, or within 60 days of receipt of requested additional information.

(e) Changes to a product listing—(1) Administrative change. You must notify EPA in writing within 30 days of any changes to information submitted under § 300.915(a)(1) through (8) and § 300.915(a)(19) through (21) for a product on the NCP Product Schedule. In the notification, you must detail the specific changes, the reasons for such changes and supporting data and information. EPA may request additional information and clarification regarding these changes.

(2) Reformulation. If you change the components and/or concentrations, you must retest the reformulated product according to the requirements for the product category and submit a new complete package under a new, distinct name in accordance with § 300.955(b) for review and consideration for listing on the NCP Product Schedule or Sorbent Product List by EPA.

(f) Transitioning Listed Products to the New NCP Product Schedule or Sorbent Product List. All products on the current 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 in the new NCP Product Schedule based on the amended test and listing criteria will be removed. Your product will be transitioned from the current NCP Product Schedule to the new NCP Product Schedule prior to December 12, 2025 after you submit a new complete package in accordance with § 300.955(b), and EPA makes a determination to list the product on the new NCP Product Schedule. 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 § 300.955(a) and (b) and be listed in the new Sorbent Product List.

[88 FR 38337, June 12, 2023]