(a) The EPA Administrator or designee may remove your product from the NCP Product Schedule or the Sorbent Product List for reasons including, but not limited to:

(1) Statements or information that are misleading, inaccurate, outdated, or incorrect regarding the composition or use of the product to remove or control oil discharges made to any person, or private or public entity, including on labels, advertisements, technical literature, electronic media, or within the product submission to EPA; or

(2) Alterations to the components, concentrations, or use conditions of the product without proper notification to EPA as required by § 300.955(e); or

(3) Failure to print the disclaimer provided in § 300.965 on all labels, advertisements, technical literature, or electronic media for products listed on the NCP Product Schedule; or

(4) New or relevant information not previously considered concerning the impacts or potential impacts of the product to human health or the environment.

(b) EPA will notify you in writing, at your address of record, of its reasons for deciding to remove the product from the NCP Product Schedule. If EPA receives no appeal from you in 30 days, the product will be removed from the NCP Product Schedule without further notice to you.

(c) You may appeal the decision to remove your product from the NCP Product Schedule within 30 days of receipt of EPA’s notification. Your appeal must contain a clear and concise statement with supporting facts and technical analysis demonstrating why the product should not be removed. The EPA Administrator or designee will notify you in writing of the decision within 60 days of your appeal, or within 60 days of receipt of any requested additional information.

[88 FR 38337, June 12, 2023]