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After EPA review, products may be listed on the NCP Subpart J Product Schedule in accordance with 40 CFR 300.900 et seq. The listing of a product on the Product Schedule does NOT mean that EPA approves, recommends, licenses, certifies, or authorizes the use of that product on an oil discharge. Additionally, the listing of a product on the Product Schedule does not mandate the use of that product by the Federal On-Scene Coordinator (FOSC), state, industry, or any oil spill response organization. Only a FOSC may authorize the use of a product that has been listed on the Product Schedule. RRTs and Area Committees may predetermine the suitability of using a product at a particular location, provided that product is listed on the Product Schedule. In some cases, these “preauthorization zones” have been established for designated areas. The FOSC may authorize the use of products not already pre-authorized for use in a pre-authorization zone, or may authorize the use of products outside of a pre-authorization zone, under the process established by 40 CFR 300.910. In determining the proper response, the FOSC must consider a number of factors unique to each oil discharge when determining which- if any- products should be authorized for use to address the discharge. No single product has been scientifically proven to work more effectively than other products in all potential discharge response situations.
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