I 
111TH CONGRESS 
2D SESSION 
H. R. 6119 
To amend the Federal Water Pollution Control Act to ensure the safe and 
proper use of dispersants in the event of an oil spill or release of 
hazardous substances, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2010 
Mr. PALLONE introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Energy and Commerce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Federal Water Pollution Control Act to ensure 
the safe and proper use of dispersants in the event 
of an oil spill or release of hazardous substances, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safe Dispersants Act’’. 
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SEC. 2. USE OF DISPERSANTS UNDER NATIONAL CONTIN-
GENCY PLAN. 
Section 311(d) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(d)) is amended by adding at the 
end the following: 
‘‘(5) DISPERSANTS USED IN ACCORDANCE WITH 
NATIONAL CONTINGENCY PLAN.— 
‘‘(A) PLACEMENT
OF
DISPERSANTS
ON 
THE NATIONAL CONTINGENCY PLAN PRODUCT 
SCHEDULE.— 
‘‘(i) IN
GENERAL.—No dispersant 
may be used in a response to a discharge 
of oil or hazardous substances unless the 
dispersant has been listed by the Adminis-
trator on the National Contingency Plan 
Product Schedule in accordance with this 
subparagraph. 
‘‘(ii) 
LISTING.—The 
Administrator 
may list, or allow the continued listing of, 
a dispersant on the National Contingency 
Plan Product Schedule for determination 
by the Federal On-Scene Coordinator, in 
consultation with the Administrator and 
Regional Response Team, and the National 
Response Team, as appropriate, for use in 
response to a discharge of oil or hazardous 
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substances only if the Administrator deter-
mines that— 
‘‘(I) the dispersant meets such 
standards as shall be established by 
the Administrator governing max-
imum allowable toxicity and minimum 
acceptable effectiveness; 
‘‘(II) the adverse effect from use 
of the dispersant is less than the ad-
verse effect from allowing the dis-
charged oil or hazardous substance— 
‘‘(aa) to be dispersed by nat-
ural or physical means; 
‘‘(bb) to degrade by natural 
processes; 
‘‘(cc) to be removed by tech-
nologically feasible physical meth-
ods; or 
‘‘(dd) to undergo any com-
bination of the processes de-
scribed in items (aa) through 
(cc); and 
‘‘(III) any such listing, or deci-
sion to continue listing, meets such 
other conditions as the Administrator 
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determines are necessary to ensure 
the dispersant meets the criteria de-
scribed in subclauses (I) and (II). 
‘‘(iii) DETERMINATION
OF
ADVERSE 
EFFECT.—In determining the adverse ef-
fect from the use of a dispersant, the Ad-
ministrator shall consider— 
‘‘(I) acute, chronic, short- and 
long-term health and environmental 
effects of the dispersant or any indi-
vidual component of the dispersant 
formulation; 
‘‘(II) additive or synergistic ef-
fects of the dispersant in combination 
with oil or hazardous substances and 
other environmental factors and com-
ponents; and 
‘‘(III) persistence, bioavailability, 
and bioaccumulation potential. 
‘‘(B) 
MINIMUM
DATA
SET
ON 
DISPERSANTS.— 
‘‘(i) IN GENERAL.—The Administrator 
shall promulgate regulations specifying the 
minimum data set applicable to dispersants 
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listed on the National Contingency Plan 
Product Schedule under subparagraph (A). 
‘‘(ii) REQUIREMENTS.—The data set 
specified under clause (i) shall— 
‘‘(I) include information nec-
essary and sufficient to determine the 
potential for dispersants, or their deg-
radation products, both by themselves 
and in combination with oil or haz-
ardous substances and other environ-
mental factors and components, to 
persist or accumulate in, or create or 
contribute to short- and long-term ad-
verse effects on— 
‘‘(aa) marine, estuarine, and 
freshwater environments and eco-
systems, including surface, sub-
surface, and benthic zones; 
‘‘(bb) representative forms 
of marine, coastal estuarine, and 
freshwater organisms, including 
aquatic and terrestrial species, 
including birds; 
‘‘(cc) workers, volunteers, 
and other individuals involved in 
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handling, storing, transporting, 
applying, treating, or disposing of 
the dispersants or dispersant 
wastes, or who may otherwise 
come into direct contact with the 
dispersants or dispersant wastes 
before, during, or after the appli-
cation of the dispersants; and 
‘‘(dd) individuals in or near 
areas in which dispersants are 
being handled, stored, trans-
ported, applied, treated, or dis-
posed of, or who may otherwise 
be reasonably expected to be ex-
posed to the dispersants; 
‘‘(II) include information on the 
dispersants and their uses, including 
on— 
‘‘(aa) individual ingredients 
of the dispersants; 
‘‘(bb) the combination of the 
dispersants with each type of oil 
or 
hazardous 
substance 
with 
which the dispersants may rea-
sonably be expected to be used; 
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‘‘(cc) the efficacy of the dis-
persant under different condi-
tions of use (including the oil or 
hazardous substance type, tem-
perature, salinity, and type of en-
vironmental media, such as open 
sea, rocky shoreline, rocky or 
sandy 
substrates, 
or 
marsh 
grasses), and the optimal condi-
tion for use; and 
‘‘(dd) the efficacy of the dis-
persant at different use con-
centrations and the most effective 
application rate; and 
‘‘(III) be sufficient to assist the 
Administrator in determining— 
‘‘(aa) whether the combina-
tion of each dispersant and each 
relevant type of oil or hazardous 
substance can increase or de-
crease 
the 
persistence, 
bio-
accumulation potential, or tox-
icity relative to either the dis-
persant or oil or hazardous sub-
stance alone; 
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‘‘(bb) the potential for dis-
persant components to persist or 
accumulate in the environment or 
biota, or create or contribute to, 
short- and long-term adverse ef-
fects under any scale or manner 
of application, including in worst- 
case situations; and 
‘‘(cc) whether and under 
what circumstances use of the 
dispersant would cause less harm 
to health and the environment 
than responding to a discharge of 
oil or hazardous substances with-
out use of the dispersant. 
‘‘(C) DISCLOSURE OF DISPERSANT INGRE-
DIENTS AND SAFETY INFORMATION.— 
‘‘(i) HEALTH AND SAFETY INFORMA-
TION.—The Administrator shall consider 
health and safety information for a dis-
persant listed for use under the National 
Contingency Plan Product Schedule to 
mean information from any study of any 
effect of a dispersant (or any constituent), 
either alone or in combination with oil or 
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a hazardous substance, on health, the envi-
ronment, or both, including— 
‘‘(I) underlying data and epide-
miological studies; 
‘‘(II) studies of occupational ex-
posure to a chemical substance or 
mixture; 
‘‘(III) toxicological, clinical, and 
ecological studies of a chemical sub-
stance or mixture; 
‘‘(IV) the specific chemical iden-
tities of the dispersant and constitu-
ents of the dispersant; and 
‘‘(V) any test performed pursu-
ant to this title. 
‘‘(ii) 
AVAILABILITY
OF
INFORMA-
TION.—Notwithstanding any other provi-
sion of law, the Administrator shall make 
available to the public— 
‘‘(I) all health and safety infor-
mation for the chemical dispersant; 
‘‘(II) the concentrations of all in-
gredients of the dispersant, if the Ad-
ministrator determines that the public 
availability of that information is nec-
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essary 
to 
prevent 
substantial 
endangerment to human health or the 
environment or is otherwise in the 
public interest, taking into account 
the needs of responders, local resi-
dents, medical personnel, and re-
searchers engaged in monitoring or 
otherwise studying the effects of the 
dispersant or of discharges of oil in 
which the chemical dispersant is used; 
and 
‘‘(III) 
information 
on 
listed 
dispersants that the Administrator is 
required to disclose under subclause 
(I) or (II), unless the information is 
protected from disclosure under sec-
tion 552(b)(4) of title 5, United 
States Code.’’. 
SEC. 3. DISPERSANT HEALTH AND ENVIRONMENTAL IM-
PACT STUDY. 
(a) STUDY.—Not later than 45 days after the date 
of enactment of this Act, the Administrator of the Envi-
ronmental Protection Agency (referred to in this Act as 
the ‘‘Administrator’’) shall initiate a study evaluating the 
adequacy of existing capabilities and legal authorities of 
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the Federal Government to make informed decisions re-
garding the health and environmental impacts of 
dispersants placed on the National Contingency Product 
Schedule under section 311 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1321). 
(b) MINIMUM ELEMENTS OF THE STUDY.— 
(1) IN GENERAL.—The study shall include an 
assessment of the availability of information nec-
essary to evaluate the risks and impacts to human 
health and the environment, including acute and 
chronic risks, from the use of dispersants, other 
chemicals, and other spill-mitigating substances, if 
any, that may be used to carry out the National 
Contingency Plan, including an assessment of such 
risks and impacts. 
(2) MINIMUM
EVALUATION.—At a minimum, 
the study shall evaluate— 
(A) the availability of, and the advisability 
of requiring additional information that is nec-
essary and sufficient to determine the potential 
for, dispersants, or their degradation products, 
both by themselves and in combination with oil 
or hazardous substances and other environ-
mental factors and components, to persist or 
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accumulate in, or create or contribute to short- 
and long-term adverse effects on— 
(i) workers, volunteers, and other in-
dividuals involved in handling, storing, 
transporting, applying, treating, or dis-
posing of the dispersants or dispersant 
wastes, or who may otherwise come into di-
rect contact with dispersants or dispersant 
wastes before, during, or after the applica-
tion of the dispersants; 
(ii) individuals in or near areas in 
which dispersants are being handled, 
stored, transported, applied, treated, or 
disposed of, or who may otherwise be rea-
sonably expected to be exposed to the 
dispersants; 
(iii) marine, estuarine, and freshwater 
environments and ecosystems, including 
surface, subsurface, and benthic zones; and 
(iv) representative forms of marine, 
coastal estuarine, and freshwater orga-
nisms, including aquatic, soil- and sedi-
ment-dwelling, and terrestrial species, in-
cluding birds; 
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(B) the availability of, and the advisability 
of requiring additional information regarding, 
the dispersants and their uses, including infor-
mation on— 
(i) 
individual 
ingredients 
of 
the 
dispersants; 
(ii) the combination of the dispersants 
with each type of oil or hazardous sub-
stance with which the dispersants may rea-
sonably be expected to be used; 
(iii) the health and environmental im-
pacts and efficacy of the dispersant under 
different conditions of use (including oil or 
hazardous substance type, temperature, 
pressure, salinity, and type of environ-
mental media (such as open sea, rocky 
shoreline, rocky or sandy substrates, cor-
als, or marsh grasses)), and the optimal 
condition for use; 
(iv) the health and environmental im-
pacts and efficacy of the dispersant at dif-
ferent use concentrations and the most ef-
fective application rate and quantity; 
(v) whether the combination of each 
dispersant and each relevant type of oil or 
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hazardous substance can increase or de-
crease the persistence, bioaccumulation po-
tential, or toxicity relative to either the dis-
persant or oil or hazardous substance 
alone; 
(vi) the potential for dispersant com-
ponents to persist or accumulate in the en-
vironment or biota, or create or contribute 
to short- and long-term adverse effects 
under any scale or manner of application, 
including in worst-case situations; and 
(vii) whether and under what cir-
cumstances use of the dispersant would 
cause less adverse effects to health and the 
environment than responding to a dis-
charge of oil or hazardous substances with-
out use of the dispersant; and 
(C) an assessment of the adequacy of ex-
isting Federal laws (including regulations) to 
protect human health and the environment 
from the potential risks and impacts from the 
toxicity of dispersants placed on the National 
Contingency Product Schedule. 
(c) CONSULTATION.—The Administrator shall con-
duct the study under this section in consultation with such 
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other Federal departments and agencies as the Adminis-
trator determines to be appropriate. 
(d) NOTICE
AND COMMENT.—The Administrator 
shall provide for public notice of, and not fewer than 30 
days of public comment on, the draft study. 
(e) DEADLINE.—The Administrator shall complete 
the study under this section not later than 180 days after 
the date of enactment of this Act. 
SEC. 4. REPORT TO CONGRESS. 
(a) REPORT.—Not later than 90 days after the date 
of completion of the study under section 3, the Adminis-
trator shall submit to Congress a report that— 
(1) describes the results of the study; and 
(2) makes specific recommendations concerning 
potential improvements to the existing capabilities 
and legal authorities of the Federal Government to 
make informed decisions regarding the health and 
environmental impacts of dispersants placed on the 
National Contingency Product Schedule. 
(b) CONTENTS.—The report shall, at a minimum, in-
clude— 
(1) a description of the results of the study con-
ducted under section 3; 
(2) an identification of the gaps in available in-
formation regarding the health and environmental 
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impacts of dispersants on, or being considered for 
placement on, the National Contingency Product 
Schedule; 
(3) recommendations for addressing the gaps in 
relevant information, which could include research, 
technology development, and demonstration among 
the Federal agencies, or in cooperation with indus-
try, institutions of higher education, research insti-
tutions, or State governments; and 
(4) recommendations for any statutory or regu-
latory changes necessary to ensure the safety of 
dispersants currently on the National Contingency 
Product Schedule, or being considered for future 
placement on the National Contingency Product 
Schedule. 
SEC. 5. REVISION OF THE NATIONAL CONTINGENCY PLAN- 
SUBPART J. 
(a) IN GENERAL.—Not later than 270 days after the 
date of enactment of this Act, the Administrator shall de-
termine whether to propose revisions to subpart J of the 
National Contingency Plan prepared under section 311(d) 
of the Federal Water Pollution Control Act (33 U.S.C. 
1321(d)) and, as necessary, the regulations required under 
section 311(j) of that Act (33 U.S.C. 1321(j)). 
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(b) PROPOSED REVISIONS.—If the Administrator de-
termines that revisions described in subsection (a) are nec-
essary to ensure the effectiveness and safety of 
dispersants, the Administrator shall propose the revisions 
not later than 180 days after the date on which the Ad-
ministrator makes the determination under subsection (a). 
(c) CONSIDERATION OF REPORT.—The revisions pro-
posed under subsection (b) shall take into account the rec-
ommendations in the report to Congress required under 
section 4. 
Æ 
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