RENEWAL
OF
INFORMATION
COLLECTION
REQUEST
FOR
THE
NATIONAL
OIL
AND
HAZARDOUS
SUBSTANCES
POLLUTION
CONTINGENCY
PLAN,
SUBPART
J
(
40
CFR
300.900)
(
EPA
ICR
#
1664.04)

1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
and
Number
of
the
Information
Collection
Renewal
of
Information
Collection
Request
for
the
National
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan,
Subpart
J
(
40
CFR
300.900).
EPA
ICR
#
1664.04.

1(
b)
Short
Characterization
This
information
collection
request
(
ICR)
renewal
supports
activities
to
implement
the
National
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan
(
NCP),
subpart
J
(
40
CFR
300.900,
"
Use
of
Dispersants
and
Other
Chemicals").

The
use
of
dispersants,
other
chemical
agents,
and
bioremediation
agents
to
respond
to
oil
spills
in
U.
S.
waters
is
governed
by
subpart
J
of
the
NCP
(
40
CFR
300.900).
EPA's
regulation,
which
is
codified
at
40
CFR
300.00,
requires
that
EPA
prepare
a
schedule
of
"
dispersants,
other
chemicals,
and
other
spill
mitigating
devices
and
substances,
if
any,
that
may
be
used
in
carrying
out
the
NCP."
The
Product
Schedule
is
required
by
section
311(
d)(
2)(
G)
of
the
Clean
Water
Act
(
CWA),
as
amended
by
the
Oil
Pollution
Act
of
1990
(
OPA).
Under
subpart
J,
respondents
wishing
to
add
a
product
to
the
Product
Schedule
must
submit
technical
product
data
specified
in
40
CFR
300.915
to
EPA.
EPA
places
oil
spill
mitigating
products
on
the
Product
Schedule
if
all
the
required
data
are
submitted.
A
dispersant
must
exceed
the
50%
(
±
5%)
threshold
in
order
to
be
listed
on
the
Schedule.
Only
those
dispersants
that
meet
or
exceed
the
effectiveness
acceptability
threshold,
and
are
therefore
eligible
to
be
listed
on
the
Schedule,
need
be
tested
for
toxicity.
The
Product
Schedule
is
available
to
Federal
On­
Scene
Coordinators
(
OSCs),
Regional
Response
Teams
(
RRTs),
and
Area
Committees
for
determining
the
most
appropriate
products
to
use
in
various
spill
scenarios.

Products
currently
listed
on
the
Product
Schedule
are
divided
into
five
basic
categories:
dispersants,
surface
washing
agents,
surface
collecting
agents,
bioremediation
agents,
and
miscellaneous
oil
spill
control
agents.

There
are
approximately
40
products
currently
listed
on
the
Schedule
(
as
of
May
2000).
It
is
estimated
that
28
products
per
year
will
be
submitted
to
EPA
for
listing
on
the
Schedule.
Over
the
threeyear
information
collection
period,
that
will
result
in
an
estimated
84
products
to
be
listed.
The
annual
public
reporting
burden
will
be
826
hours.
The
total
annual
cost
to
manufacturers
under
subpart
J
will
be
$
176,858.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
Section
311(
d)(
2)(
G)
of
the
CWA,
as
amended
by
the
OPA,
requires
that
the
NCP
include
a
schedule
identifying
"
dispersants,
other
chemicals,
and
other
spill
mitigating
devices
and
substances,
if
any,
that
may
be
used
in
carrying
out"
the
NCP.
The
authority
of
the
President
to
implement
the
CWA
is
2
1
The
effectiveness
of
an
oil
dispersant
is
measured
by
its
ability
to
disperse
a
surface
slick
of
oil
into
the
water
column
and
to
hold
the
emulsion
there.
currently
delegated
to
EPA
by
Executive
Order
12777
(
56
FR
54757,
October
18,
1991).
The
use
of
dispersants,
other
chemical
agents,
and
biological
additives
to
respond
to
oil
spills
in
U.
S.
waters
is
governed
by
subpart
J
of
the
NCP
(
40
CFR
300.900).

The
Product
Schedule
is
available
for
use
by
OSCs,
RRTs,
and
Area
Committees
in
determining
the
most
appropriate
products
to
use
in
various
spill
scenarios.
Under
40
CFR
300.910(
a),
RRTs
and
Area
Committees
are
required
to
address
the
desirability
of
using
the
products
on
the
Product
Schedule
in
their
Regional
Contingency
Plans
(
RCPs)
and
Area
Contingency
Plans
(
ACPs),
respectively.
The
required
information
is
needed
from
the
respondent
so
that
the
OSCs,
RRTs,
and
Area
Committees
can
make
informed
decisions
to
safely
employ
chemical
countermeasures
to
control
oil
discharges.
Correct
product
use
is
critical
in
emergency
situations.
Subpart
J
ensures
that
OSCs,
RRTs,
and
Area
Committees
have
necessary
data
regarding
the
toxicity,
effectiveness,
and
other
characteristics
of
different
products.

In
order
to
place
a
dispersant
on
the
Product
Schedule,
subpart
J
requires
that
the
manufacturer
conduct
specific
toxicity
and
effectiveness
tests
and
submit
the
corresponding
technical
product
data
to
EPA.
EPA
has
established
an
effectiveness
threshold
for
listing
dispersants
(
40
CFR
300.920(
a)(
2)).
1
Only
those
dispersants
that
meet
or
exceed
the
established
effectiveness
threshold
will
be
listed
on
the
Schedule.

At
40
CFR
300.915(
d),
EPA
requires
respondents
to
test
bioremediation
agents
for
effectiveness,
using
the
testing
protocol
contained
in
Appendix
C
to
part
300.
The
Bioremediation
Agent
Effectiveness
Test
is
used
to
compare
the
effectiveness
of
different
bioremediation
agents.
The
objective
of
the
effectiveness
testing
protocol
is
to
provide
empirical
laboratory
evidence
that
evaluates
a
bioremediation
agent's
ability
to
enhance
biodegradation
as
compared
to
the
natural
population.

2(
b)
Practical
Utility/
Users
of
the
Data
If
all
of
the
required
data
are
submitted,
EPA
places
oil
spill
mitigating
products
on
the
Product
Schedule.
The
Product
Schedule
is
available
for
use
by
OSCs,
RRTs,
and
Area
Committees
in
determining
the
most
appropriate
products
to
use
in
various
spill
scenarios.
Under
40
CFR
300.910(
a),
RRTs
and
Area
Committees
are
required
to
address
the
desirability
of
using
the
products
on
the
Product
Schedule
in
their
RCPs
and
ACPs,
respectively.
The
required
information
is
needed
from
the
respondent
so
that
the
OSCs,
RRTs,
and
Area
Committees
can
make
informed
decisions
to
safely
employ
chemical
countermeasures
to
control
oil
discharges.
Correct
product
use
is
critical
in
emergency
situations.
Subpart
J
ensures
that
OSCs,
RRTs,
and
Area
Committees
have
the
necessary
data
regarding
the
toxicity,
effectiveness,
and
other
characteristics
of
different
products.

3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Nonduplication
There
is
no
other
source
for
this
information.
3
3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
In
compliance
with
the
Paperwork
Reduction
Act
(
44
U.
S.
C.
3501
et
seq.),
the
Agency
has
notified
the
public
through
a
Federal
Register
notice
(
See
74
FR
20451,
April
17,
2000)
that
it
is
submitting
this
ICR
and,
as
a
part
of
the
process,
soliciting
public
comment
concerning
the
burden
estimates
for
respondents.
EPA
specifically
has
requested
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques.

No
(
0)
comments
were
received
by
the
Agency
in
response
to
the
April
17,
2000,
Federal
Register
notice.

3(
c)
Consultations
In
developing
this
information
collection
request,
EPA
has
consulted
with:


Other
Federal
agencies;


Federal
On­
Scene
Coordinators;


NCP
Product
Schedule
experts;


Technical
experts,
both
international
and
domestic;
and

Various
commercial
laboratories.

3(
d)
Effects
of
Less
Frequent
Collection
Respondents
must
submit
information
only
when
a
new
product
needs
to
be
added
to
the
Schedule
or
when
the
composition,
formulation,
or
application
of
a
product
already
on
the
Schedule
is
changed.
Because
collection
is
not
periodic,
less
frequent
collection
is
not
possible.

3(
e)
General
Guidelines
Subpart
J
is
consistent
with
all
of
the
5
CFR
1320.6
guidelines,
except
the
provision
concerning
small
entities.
Under
subpart
J,
small
entities
must
follow
the
same
collection
procedures
as
other
respondents.
OSCs
need
the
required
information
to
choose
products
with
which
they
can
safely
control
oil
discharges.
As
explained
in
section
5(
c),
the
establishment
of
an
acceptability
criterion
for
dispersant
effectiveness
and
the
requirement
for
effectiveness
testing
for
bioremediation
agents
are
not
anticipated
to
result
in
significant
economic
impacts
on
small
businesses.

3(
f)
Confidentiality
Section
300.920(
c)
allows
respondents
to
assert
that
certain
information
in
the
technical
product
data
submissions
is
confidential
business
information.
EPA
will
handle
such
claims
pursuant
to
the
provisions
in
40
CFR
part
2,
subpart
B.
Such
information
must
be
submitted
separately
from
nonconfidential
information,
clearly
identified,
and
clearly
marked
"
Confidential
Business
Information."
If
the
4
submitter
fails
to
make
such
a
claim
at
the
time
of
submittal,
EPA
may
make
the
information
available
to
the
public
without
further
notice.

3(
g)
Sensitive
Questions
The
information
collection
activities
discussed
in
this
document
do
not
involve
any
sensitive
questions.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
SIC
Codes
Respondents
are
the
specific
private
industry
sectors
subject
to
this
action
and
include
but
are
not
limited
to:
manufacturers
of
dispersants,
surface
washing
agents,
surface
collecting
agents,
bioremediation
agents,
and
other
chemical
agents
and
biological
additives
used
as
countermeasures
against
oil
spills.
Affected
private
industries
can
be
expected
to
fall
within
the
following
industrial
classifications:
manufacturers
of
industrial
inorganic
chemicals
(
SIC
281),
manufacturers
of
industrial
organic
chemicals
(
SIC
286),
and
manufacturers
of
miscellaneous
chemical
products
(
SIC
289).

4(
b)
Information
Requested
(
i)
Data
Items
Under
subpart
J,
manufacturers
who
wish
to
list
a
product
on
the
Schedule
must
report
the
items
specified
below
for
the
appropriate
category.
No
specific
recordkeeping
activities
are
required.

Dispersants
1.
Name,
brand,
or
trademark,
if
any,
under
which
the
dispersant
is
sold;
2.
Name,
address,
and
telephone
number
of
the
manufacturer,
importer,
or
vendor;
3.
Name,
address,
and
telephone
number
of
primary
distributors
or
sales
outlets;
4.
Special
handling
information
and
worker
precautions
for
storage
and
field
application,
including
maximum
and
minimum
storage
temperatures;
5.
Shelf
life;
6.
Recommended
application
procedures,
concentrations,
and
conditions
for
use;
7.
Results
of
the
effectiveness
test
set
forth
in
Appendix
C
of
the
NCP;
8.
Results
of
the
toxicity
test
set
forth
in
Appendix
C
of
the
NCP;
9.
Physical
properties
covered
by
the
American
Society
for
Testing
and
Material's
reference
standards;
10.
Dispersing
agent
components;
11.
The
concentrations
or
upper
limits
of
any
heavy
metals,
cyanide,
and
chlorinated
hydrocarbons;
and
12.
The
identity
of
the
laboratory
that
performed
tests,
the
qualifications
of
the
laboratory's
staff,
and
laboratory
experience
with
similar
tests.

Under
NCP
subpart
J,
respondents
must
test
some
products
for
effectiveness
and
toxicity
and
provide
the
results
to
EPA's
Oil
Program
Center.
Dispersants
are
required
to
demonstrate
a
50%
(
±
5%)
effectiveness
level
in
order
to
be
placed
on
the
Schedule.
Only
those
dispersants
that
meet
or
exceed
the
5
effectiveness
acceptability
threshold,
and
are
therefore
eligible
to
be
listed
on
the
Schedule,
need
be
tested
for
toxicity.

Surface
Washing
Agents
1.
Name,
brand,
or
trademark,
if
any,
under
which
the
surface
washing
agent
is
sold;
2.
Name,
address,
and
telephone
number
of
the
manufacturer,
importer,
or
vendor;
3.
Name,
address,
and
telephone
number
of
primary
distributors
or
sales
outlets;
4.
Special
handling
information
and
worker
precautions
for
storage
and
field
application,
including
maximum
and
minimum
storage
temperatures;
5.
Shelf
life;
6.
Recommended
application
procedures,
concentrations,
and
conditions
for
use;
7.
Results
of
the
toxicity
test
set
forth
in
Appendix
C
of
the
NCP;
8.
Physical
properties
covered
by
ASTM's
reference
standards;
9.
Surface
washing
agent
components;
10.
The
concentrations
or
upper
limits
of
any
heavy
metals,
cyanide,
and
chlorinated
hydrocarbons;
and
11.
The
identity
of
the
laboratory
that
performed
tests,
the
qualifications
of
the
laboratory's
staff,
and
laboratory
experience
with
similar
tests.

Surface
Collecting
Agents
1.
Name,
brand,
or
trademark,
if
any,
under
which
the
surface
collecting
agent
is
sold;
2.
Name,
address,
and
telephone
number
of
the
manufacturer,
importer,
or
vendor;
3.
Name,
address,
and
telephone
number
of
primary
distributors
or
sales
outlets;
4.
Special
handling
information
and
worker
precautions
for
storage
and
field
application,
including
maximum
and
minimum
storage
temperatures;
5.
Shelf
life;
6.
Recommended
application
procedures,
concentrations,
and
conditions
for
use;
7.
Results
of
the
toxicity
test
set
forth
in
Appendix
C
of
the
NCP;
8.
Physical
properties
covered
by
ASTM's
reference
standards;
9.
Test
results
distinguishing
surface
collecting
agents
from
other
chemical
agents;
10.
Surface
collecting
agent
components;
11.
The
concentrations
or
upper
limits
of
any
heavy
metals,
cyanide,
and
chlorinated
hydrocarbons;
and
12.
The
identity
of
the
laboratory
that
performed
tests,
the
qualifications
of
the
laboratory's
staff,
and
laboratory
experience
with
similar
tests.

Bioremediation
Agents
1.
Name,
brand,
or
trademark,
if
any,
under
which
the
bioremediation
agent
is
sold;
2.
Name,
address,
and
telephone
number
of
the
manufacturer,
importer,
or
vendor;
3.
Name,
address,
and
telephone
number
of
primary
distributors
or
sales
outlets;
4.
Special
handling
information
and
worker
precautions
for
storage
and
field
application,
including
maximum
and
minimum
storage
temperatures;
5.
Shelf
life;
6.
Recommended
application
procedures,
concentrations,
and
conditions
for
use;
7.
Results
of
the
effectiveness
test
set
forth
in
Appendix
C
of
the
NCP;
6
8.
For
microbiological
cultures,
a
listing
of
all
microorganisms
by
species,
including
percentages,
special
nutrient
requirements,
etc.;
9.
For
enzyme
additives,
information
on
the
enzyme,
including
source,
operating
conditions,
shelf
life,
etc.;
10.
The
identity
of
the
laboratory
that
performed
tests,
the
qualifications
of
the
laboratory's
staff,
and
laboratory
experience
with
similar
tests.

Miscellaneous
Oil
Spill
Control
Agents
1.
Name,
brand,
or
trademark,
if
any,
under
which
the
miscellaneous
oil
spill
control
agent
is
sold;
2.
Name,
address,
and
telephone
number
of
the
manufacturer,
importer,
or
vendor;
3.
Name,
address,
and
telephone
number
of
primary
distributors
or
sales
outlets;
4.
Special
handling
information
and
worker
precautions
for
storage
and
field
application,
including
maximum
and
minimum
storage
temperatures;
5.
Shelf
life;
6.
Recommended
application
procedures,
concentrations,
and
conditions
for
use;
7.
Results
of
the
toxicity
test
set
forth
in
Appendix
C
of
the
NCP;
8.
Physical
properties
covered
by
ASTM's
reference
standards;
9.
Miscellaneous
oil
spill
control
agent
components;
10.
The
concentrations
or
upper
limits
of
any
heavy
metals,
cyanide,
and
chlorinated
hydrocarbons;
11.
Information
on
any
microbiological
cultures,
enzyme
additives,
or
nutrient
additives;
and
12.
The
identity
of
the
laboratory
that
performed
tests,
the
qualifications
of
the
laboratory's
staff,
and
laboratory
experience
with
similar
tests.

(
ii)
Respondent
Activities
Except
for
effectiveness
and
toxicity
testing,
the
data
items
discussed
in
section
4(
b)
should
already
be
available
to
respondents
through
customary
business
practices
(
i.
e.,
normal
research
and
development
activities).
Effectiveness
and
toxicity
tests,
where
applicable,
burden
respondents
with
the
additional
task
of
sending
the
product
to
a
laboratory
for
testing.

Processing,
compiling,
and
reviewing
the
information
required
under
subpart
J
requires
the
following
respondent
activities:


Inserting
simple
information;


Drafting
short
answers;


Drafting
narrative
answers
and
preparing
backup
documentation;


Secretarial/
clerical
support;
and

Managerial
review.

Under
subpart
J,
the
respondent
must
also
notify
EPA
of
any
changes
in
the
composition,
formulation,
or
application
of
the
dispersant,
surface
washing
agent,
surface
collecting
agent,
bioremediation
agent,
or
miscellaneous
oil
spill
control
agent.
If
the
change
is
likely
to
alter
the
effectiveness
or
toxicity
of
the
product,
EPA
may
require
retesting.
If
EPA
decides
that
retesting
is
necessary,
the
submitter
must
have
the
product
tested
in
a
laboratory
and
send
a
summary
of
the
results
along
with
the
qualifications
of
the
laboratory
staff
to
EPA.
7
5.
THE
INFORMATION
COLLECTED
­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
Under
subpart
J,
EPA
will
perform
activities
when
a
manufacturer
applies
to
have
a
product
listed
on
the
Product
Schedule.
Once
the
technical
product
data
required
by
the
rule
are
submitted,
EPA
must
perform
the
following
activities:


Receive
and
process
the
data;


Review
the
data
for
completeness
and
procedural
accuracy;


Notify
the
respondent
of
the
decision
on
listing
the
product
on
the
Schedule;
and

If
approved,
place
the
product
on
the
Schedule,
store
the
data,
and
supply
the
data
upon
request.

EPA's
decision
to
place
a
product
on
the
Schedule
is
based
solely
on
the
completeness
of
the
information
presented.
EPA
will
not
evaluate
a
submitted
product
beyond
the
revised
effectiveness
threshold
for
dispersants.

5(
b)
Collection
Methodology
and
Management
Respondents
submit
the
required
data
to
EPA
in
hard
copy.
If
the
data
are
approved
by
EPA,
they
are
entered
electronically
on
the
Product
Schedule.
The
data
are
then
made
available
to
OSCs
through
five
media:
(
1)
hard
copy;
(
2)
an
Internet
webpage;
(
3)
electronic
mail;
(
4)
NOAA
First
Class;
and
(
5)
File
Transfer
Protocol.
The
five
options
ensure
that
OSCs
can
obtain
the
information
as
efficiently
as
possible
and
that
the
information
is
useful
in
practice.

5(
c)
Small
Entity
Flexibility
The
subpart
J
requirements
are
not
expected
to
impact
adversely
small
businesses
in
a
significant
manner.

5(
d)
Collection
Schedule
Information
is
collected
whenever
a
manufacturer
wants
a
product
listed
on
the
Product
Schedule,
or
when
a
product
already
on
the
Schedule
is
changed
in
composition,
formulation,
or
application.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
This
section
presents
the
estimated
burden
to
the
manufacturer
(
respondent)
of
listing
an
oil
spill
mitigating
product.
The
burden
to
respondents
is
estimated
in
terms
of
the
time
(
in
hours)
spent
by
respondent
personnel
to
comply
with
the
information
collection
activities.
These
burden
estimates
are
based
on
the
following
set
of
time
range
assumptions:
8
2
The
following
model
certification
statement
suffices:
"[
SORBENT
NAME]
is
a
sorbent
material
and
consists
solely
of
the
materials
listed
in
§
300.915(
g)(
1)
of
the
NCP."

Insert
simple
information

Draft
short
answers

Draft
narrative
answers
and
prepare
backup
materials

Managerial
review

Secretarial/
clerical
support
0.0
­
0.5
hours
0.5
­
1.0
hours
2.0
­
5.0
hours
One­
fifth
of
the
time
required
to
complete
the
response
items
5.0
­
10.0
hours
(
per
response)

The
time
estimates
include
the
time
to
complete
each
individual
response
item
as
required
under
NCP
subpart
J,
as
well
as
(
depending
on
the
type
of
information
requested)
time
to:
review
instructions,
search
existing
data
sources,
prepare
backup
documentation,
and
maintain/
record
the
data.

Exhibit
6­
1
shows
the
unit
burden
(
in
hours)
for
respondents
under
subpart
J.
Surface
washing
agents
are
placed
with
surface
collecting
and
miscellaneous
oil
spill
control
agents
in
the
exhibit
because
similar
data
items
are
required
for
each.
As
demonstrated
in
Exhibit
6­
1,
the
unit
burden
ranges
are:
dispersants,
17
­
40
hours;
surface
collecting
agents,
15.5
­
36
hours;
surface
washing
agents,
15.5
­
36
hours;
miscellaneous
oil
spill
control
agents,
15.5
­
36
hours;
and
bioremediation
agents,
14
­
33
hours.
Although
sorbents
are
not
included
on
the
Product
Schedule,
sorbent
manufacturers
are
required
to
certify
the
composition
of
their
product.
The
written
certification,
which
will
certify
that
a
sorbent
meets
the
definition
in
subpart
J,
may
be
requested
by
OSCs
when
determining
whether
to
use
a
sorbent.
2
The
estimated
unit
burden
for
sorbent
certification
is
5
hours.
Because
sorbents
are
not
listed
on
the
Product
Schedule,
the
small
burden
of
sorbent
certification
is
not
shown
in
the
exhibit.
EXHIBIT
6­
1
RESPONDENT
BURDEN
FOR
THE
DATA
ITEMS
REQUIRED
UNDER
NCP
SUBPART
J
RESPONSE
FORM
ITEMS
RESPONDENT
ACTIVITIES
BURDEN
(
HOURS)

DISPERSANTS
SURFACE
WASHING
AGENTS,

SURFACE
COLLECTING
AGENTS,

AND
MISCELLANEOUS
OIL
SPILL
CONTROL
AGENTS
BIOREMEDIATION
AGENTS
Product,
manufacturer,
and
distributor
information
Simple
information
0
­
0.5
0
­
0.5
0
­
0.5
Special
handling
information
and
precautions
Short
answer
0.5
­
1
0.5
­
1
0.5
­
1
Shelf
life
information
Simple
information
0
­
0.5
0
­
0.5
0
­
0.5
Recommended
application
procedures
Short
answer
0.5
­
1
0.5
­
1
0.5
­
1
Toxicity
testing
information
Narrative
answer
2.0
­
5.0
2.0
­
5.0
N/
A
Effectiveness
testing
information
Narrative
answer
2.0
­
5.0
N/
A
2.0
­
5.0
List
of
ASTM
physical
properties
Short
answer
0.5
­
1
0.5
­
1
N/
A
Test
results
for
distinguishing
surface
collecting
agents
from
other
chemical
agents
Short
answer
N/
A
0.5
­
1
N/
A
List
of
product
components
Narrative
answer
2.0
­
5.0
2.0
­
5.0
N/
A
Analysis
results
for
heavy
metals,
cyanide,
and
chlorinated
hydrocarbons
Short
answer
0.5
­
1
0.5
­
1
N/
A
Identity
of
laboratory
performing
tests
Narrative
answer
2.0
­
5.0
2.0
­
5.0
2.0
­
5.0
Information
on
microbiological
cultures,
enzyme
additives,
and
nutrient
additives
Narrative
answer
N/
A
N/
A
2.0
­
5.0
Description
of
how
the
product
works
and
its
uses
Short
answer
N/
A
0.5
­
1
N/
A
Managerial
Review
2.0
­
5.0
1.5
­
4.0
2.0
­
5.0
Secretarial/
Clerical
Support
5.0
­
10.0
5.0
­
10.0
5.0
­
10.0
UNIT
BURDEN
17.0
­
40.0
15.5
­
36.0
14.0
­
33.0
Frequency
of
response
10/
year
8/
year
10/
year
ANNUAL
BURDEN
285
206
235
N/
A
­
No
response
required
for
this
item.
10
3
Bureau
of
Labor
Statistics,
Employment
Cost
Trends,
Employer
Costs
for
Employee
Compensation,
Table
10
 
Private
industry,
by
occupational
and
industry
group,
June
24,
1999.
(
See
http://
stats.
bls.
gov/
news.
release/
ecec.
toc.
htm.)

4
Overhead
costs
were
computed
separately
from
BLS
data
and
were
assumed
to
be
an
additional
17
percent
of
the
total
wage
rate,
which
is
comprised
of
direct
wages
and
salaries
and
employee
benefits,
as
reported
by
BLS.
Adjustments
to
wage
rates
for
overhead
costs
are
based
on
the
results
of
several
earlier
Information
Collection
Requests
that
adjusted
wage
rates
by
an
additional
17
percent
based
on
the
results
of
a
survey
of
chemical
industries
and
trade
associations.
(
See,
for
example,
Information
Collection
Request
for
the
Toxic
Chemical
Release
Report
for
the
Proposed
Lead
Rule,
EPA
ICR
#
1363.08.)

5
Estimates
from
Al
Venosa,
EPA
Office
of
Research
and
Development,
May
2000.
6(
b)
Estimating
Respondent
Costs
Estimating
Facility
Labor
Cost
Labor
cost
results
from
the
amount
of
time
spent
by
industry
personnel
supplying
the
required
data.
The
cost
for
labor
is
derived
by
multiplying
the
unit
burden
hours
presented
in
Exhibit
6­
1
by
the
wage
rate
for
industry
personnel.
The
hourly
rates,
in
1999
dollars,
are
$
41.18
for
Management,
$
30.61
for
Technical,
and
$
19.18
for
Clerical.

The
labor
rates
for
private
industry
are
derived
from
the
U.
S.
Department
of
Labor's
Employment
Cost
Indexes
and
Levels.
3
The
wage
rates,
updated
to
March
1999
dollars,
include
wages
and
salaries;
benefit
costs,
including
paid
leave,
supplemental
pay,
insurance,
retirement
and
savings,
legally
required
benefits,
severance
pay,
and
supplemental
unemployment
benefits;
and
overhead
costs.
4
These
wage
rates
reflect
private
industry
averages,
which
were
estimated
by
the
Bureau
of
Labor
Statistics
(
BLS)
based
on
a
survey
of
22,000
occupations
within
4,200
establishments
in
the
private
sector.

The
wage
rate
used
in
this
analysis
is
a
weighted
hourly
rate
that
reflects
the
assumption
that
the
total
number
of
work
hours
necessary
for
completing
an
application
form
is
divided
among
three
labor
categories
in
the
following
way:
20%
for
managerial
staff
to
direct
and
review
activities;
70%
for
technical
staff
to
conduct
the
majority
of
the
information
collection
activities;
and
the
remaining
10%
for
clerical
support.
Based
on
the
above
assumptions,
the
weighted
hourly
wage
rate
developed
for
this
ICR
is
(.
20)($
41.18)
+
(.
70)($
30.61)
+
(.
10)($
19.18)
=
$
31.59
per
hour.

Estimating
Capital/
Start­
up
Cost
Laboratory
costs
incurred
when
a
respondent
must
test
its
product
for
effectiveness
and/
or
toxicity
according
to
the
methods
outlined
in
Appendix
C
of
the
NCP
are
considered
capital/
start­
up
costs.
In
order
to
provide
the
necessary
information,
respondents
need
to
have
their
product
tested
at
a
laboratory.
The
costs
for
toxicity
tests
for
dispersants,
surface
collecting
agents,
surface
washing
agents,
and
miscellaneous
oil
spill
control
agents
are
estimated
at
$
5,000
each.
Dispersant
effectiveness
testing
will
cost
an
estimated
$
1,000
each
using
the
swirling
flask
method.
A
dispersant
must
exceed
the
50%
(
±
5%)
threshold
in
order
to
be
listed
on
the
Schedule.
The
protocol
for
effectiveness
testing
of
bioremediation
agents
under
subpart
J
is
estimated
to
cost
$
5,000.5
Respondents
are
not
expected
to
incur
any
operating
and
maintenance
(
O&
M)
costs
for
this
renewal
ICR.
11
The
unit
costs
for
each
respondent
to
comply
with
the
information
collection
requirements
are
presented
in
Exhibit
6­
2.
The
unit
cost
is
the
sum
of
the
labor
cost
and
the
non­
labor
capital/
start­
up
laboratory
cost.
The
total
unit
costs
are
presented
as
ranges,
reflecting
the
ranges
of
burden
estimates.
12
EXHIBIT
6­
2
RESPONDENT
COST
FOR
ACTIVITIES
REQUIRED
UNDER
NCP
SUBPART
J
NCP
SUBPART
J
DISPERSANTS
SURFACE
WASHING
AGENTS,

SURFACE
COLLECTING
AGENTS,
AND
MISCELLANEOUS
OIL
SPILL
CONTROL
AGENTS
BIOREMEDIATION
AGENTS
Labor
Cost
(#
of
hours
x
$
31.59/
hour)
$
537
­
$
1,264
$
490
­
$
1,137
$
442
­
$
1,042
Non­
Labor
Capital/
Start­
up
Laboratory
Cost
­­
Effectiveness
­­
Toxicity
$
1,000
$
5,000
N/
A
$
5,000
$
5,000
N/
A
UNIT
COST
$
6,537
­
$
7,264
$
5,490
­
$
6,137
$
5,442
­
$
6,042
Frequency
of
response
10/
year
8/
year
10/
year
ANNUAL
COST
$
69,005
$
46,508
$
57,420
N/
A
­
No
response
required
for
this
item.
13
6(
c)
Estimating
Agency
Burden
and
Costs
This
section
estimates
the
unit
burden
and
unit
cost
to
EPA
for
maintaining
the
Product
Schedule.
Burden
estimates
are
based
on
EPA's
experience
with
placing
products
on
the
Schedule
under
subpart
J.
Exhibit
6­
3
shows
the
labor
burdens
to
EPA
for
each
activity
under
subpart
J.
The
agency
activities
were
discussed
previously
in
section
5(
a).
EPA's
burden
is
20
hours
per
listing.

The
unit
costs
to
EPA
for
processing
each
type
of
application
for
subpart
J
are
presented
in
Exhibit
6­
4.
EPA
estimates
an
average
hourly
wage
rate
of
$
39.25
for
GS­
12
management
and
technical
staff
to
maintain
the
Product
Schedule.
This
wage
rate
is
multiplied
by
the
hours
in
Exhibit
6­
3
to
obtain
the
cost
to
EPA
for
labor.
The
cost
for
labor
per
application
is
($
39.25/
hour
x
20
hours
=)
$
785
for
all
applications.
To
derive
this
hourly
estimate,
EPA
divided
annual
compensation
estimates
by
2,080,
which
is
the
number
of
hours
in
the
Federal
work­
year.
EPA
then
multiplied
hourly
rates
by
the
standard
government
overhead
factor
of
1.6.

For
dispersants
under
subpart
J,
§
300.920(
a)(
2)
gives
EPA
the
right
to
verify
test
results
and
consider
the
results
of
EPA's
verification
testing
in
determining
whether
the
dispersant
meets
the
listing
criteria.
For
purposes
of
this
analysis,
EPA
estimates
all
submitted
dispersant
applications
will
undergo
verification
tests
at
a
cost
of
$
1,000
per
test.
EPA's
intent,
as
stated
in
subpart
J,
is
to
verify
all
dispersant
tests
through
EPA's
Office
of
Research
and
Development.
Thus,
on
average,
EPA
estimates
that
verification
testing
will
cost
approximately
$
1,000
per
dispersant
submission.
This
results
in
a
total
unit
cost
of
$
1,785
per
dispersant
application
under
subpart
J.
There
are
no
costs
in
addition
to
labor
costs
for
other
types
of
products
under
subpart
J.

The
annual
burdens
and
costs
to
EPA
under
subpart
J
are
presented
at
the
bottom
of
the
tables
in
Exhibits
6­
3
and
6­
4,
respectively.
The
annual
burden
depends
on
the
frequency
of
applications.
As
mentioned
previously,
it
is
estimated
that,
under
subpart
J,
applications
will
be
received
for
10
bioremediation
agents,
4
surface
washing
agents,
4
miscellaneous
oil
spill
control
agents,
and
10
dispersants
per
year
over
the
course
of
the
next
three
years.
14
EXHIBIT
6­
3
ESTIMATED
EPA
BURDEN
TO
IMPLEMENT
NCP
SUBPART
J
NCP
SUBPART
J
BURDEN
(
HOURS)

DISPERSANTS
SURFACE
WASHING
AGENTS,

SURFACE
COLLECTING
AGENTS,
AND
MISCELLANEOUS
OIL
SPILL
CONTROL
AGENTS
BIOREMEDIATION
AGENTS
Process
submitted
data
7.0
7.0
7.0
Review
data
for
approval
6.0
6.0
6.0
Notify
respondent
of
decision
4.0
4.0
4.0
Store
data
3.0
3.0
3.0
UNIT
BURDEN
20.0
20.0
20.0
Frequency
of
response
10/
year
8/
year
10/
year
ANNUAL
BURDEN
200
160
200
15
EXHIBIT
6­
4
ESTIMATED
EPA
COST
TO
IMPLEMENT
NCP
SUBPART
J
NCP
SUBPART
J
DISPERSANTS
SURFACE
WASHING
AGENTS,

SURFACE
COLLECTING
AGENTS,
AND
MISCELLANEOUS
OIL
SPILL
CONTROL
AGENTS
BIOREMEDIATION
AGENTS
Labor
Cost
(#
of
hours
x
$
39.25/
hour)
$
785
$
785
$
785
Non­
Labor
Capital/
Start­
up
Laboratory
Cost
­­
Effectiveness
­­
Toxicity
$
1,0001
N/
A
N/
A
N/
A
N/
A
N/
A
UNIT
COST
$
1,785
$
785
$
785
Frequency
of
response
10/
year
8/
year
10/
year
ANNUAL
COST
$
17,850
$
6,280
$
7,850
1
EPA
assumes
that
it
will
on
average
verify
every
dispersant
at
$
1,000
per
test.

N/
A
­
No
response
required
for
this
item.
16
6(
d)
Estimating
the
Respondent
Universe
and
Total
Burden
and
Costs
Estimated
Total
Annual
Burdens
and
Costs
for
All
Respondents
The
annual
burdens
(
i.
e.,
the
burdens
to
all
respondents
within
a
product
category)
are
presented
at
the
bottom
of
Exhibit
6­
1.
The
annual
burden
is
arrived
at
by
multiplying
the
average
unit
burden
(
the
midpoint
of
the
range)
by
the
estimated
frequency
of
responses
per
year.

The
number
of
responses
expected
annually
over
the
three­
year
ICR
approval
period
has
been
estimated
based
on
the
average
rate
of
applications
for
listing
on
the
Schedule
over
the
last
three
years.
It
is
estimated
that
responses
would
be
submitted
for
10
bioremediation
agents,
4
surface
washing
agents,
0
surface
collecting
agents,
4
miscellaneous
oil
spill
control
agents,
and
10
dispersants
each
year
of
the
ICR
period;
consequently,
EPA
estimates
that,
on
average
28
total
product
listings
will
occur
each
year
of
the
ICR
period.

Based
on
the
annual
burdens
shown
in
Exhibit
6­
1,
the
total
annual
burden
under
subpart
J
will
be
(
285
+
206
+
235
=)
726
hours
for
all
28
respondents.
However,
it
is
also
expected
that
20
sorbent
manufacturers
per
year
will
have
to
certify
the
composition
of
their
product,
at
an
annual
burden
of
(
20
products
x
5
hours/
product
=)
100
hours.
Therefore,
the
total
annual
burden
to
manufacturers
under
subpart
J
will
be
826
hours.

The
annual
costs
for
the
product
categories
are
presented
at
the
bottom
of
the
tables
in
Exhibit
6­
2.
These
are
calculated
by
multiplying
the
average
unit
cost
(
the
midpoint
of
the
range)
for
listing
a
product
under
each
category
by
the
number
of
products
expected
to
be
listed
in
each
category
on
an
annual
basis.

Based
on
the
annual
costs
shown
in
Exhibit
6­
2,
the
total
annual
cost
under
subpart
J
will
be
($
69,005
+
$
46,508
+
$
57,420
=)
$
172,933
for
all
28
respondents.
However,
it
is
also
expected
that
20
sorbent
manufacturers
per
year
will
have
to
certify
the
composition
of
their
product,
at
an
annual
cost
of
(
20
products
x
$
196.25
product
=)
$
3,925.
Therefore,
the
total
annual
cost
to
manufacturers
under
subpart
J
will
be
$
176,858.

Estimated
Total
Annual
Burden
and
Cost
to
EPA
The
annual
burdens
and
costs
to
EPA
under
subpart
J
are
presented
at
the
bottom
of
the
tables
in
Exhibits
6­
3
and
6­
4,
respectively.
The
annual
agency
burden
is
determined
by
multiplying
the
unit
agency
burden
by
the
expected
frequency
of
applications.
For
example,
it
is
estimated
that
the
average
request
to
list
a
dispersant
would
require
20
hours
of
EPA
staff
time
under
subpart
J
(
as
shown
in
Exhibit
6­
3).
It
is
also
estimated
that
EPA
would
process
10
applications
for
dispersants
each
year,
as
mentioned
above.
The
annual
burden
to
EPA
for
dispersants
under
subpart
J
would,
therefore,
be
(
20
hours/
application
x
10
applications)
=
200
hours.
The
total
annual
burden
to
EPA
under
subpart
J
will
be
(
200
+
160
+
200
=)
560
hours.
The
number
of
future
responses
has
been
estimated
based
on
the
average
rate
of
applications
for
listing
on
the
Schedule
over
the
last
three
years.
As
mentioned
previously,
it
is
estimated
that
applicants
will
be
received
for
10
bioremediation
agents,
4
surface
washing
agents,
0
surface
collecting
agents,
4
miscellaneous
oil
spill
control
agents,
and
10
dispersants
each
year
of
the
ICR
period.

The
annual
cost
to
EPA,
as
shown
in
Exhibit
6­
4,
is
determined
by
multiplying
the
unit
cost
by
the
frequency
of
response.
For
example,
it
is
estimated
that
the
annual
cost
for
listing
dispersants
will
be
($
1,785
x
10
dispersants
=)
$
17,850.
The
total
annual
cost
to
EPA
under
subpart
J
will
be
($
17,850
+
$
6,280
+
$
7,850
=)
$
31,980.
17
6(
e)
Bottom
Line
Burden
Hours
and
Cost
Tables
The
total
burden
hours
and
cost
estimates
for
all
three
years
for
respondents
and
EPA
under
subpart
J
are
shown
in
Exhibit
6­
5.
For
the
ICR
period,
the
burden
hours
for
respondents
will
be
(
826
+
826
+
826
=)
2,478
hours.
(
See
6(
d)
for
an
explanation
of
how
EPA
derived
the
number
of
annual
burden
hours
(
826)
for
respondents.)
Based
on
Exhibit
6­
2,
the
annual
capital/
start­
up
cost
for
respondents
is
(($
1,000
+
$
5,000)(
10/
year)
+
($
5,000)(
8/
year)
+
($
5,000)(
10/
year)
=)
$
150,000.
Therefore,
the
total
capital/
start­
up
costs
for
the
respondents
will
be
($
150,000
+
$
150,000
+
$
150,000
=)
$
450,000.

The
annual
respondent
labor
cost
for
all
oil
spill
mitigating
devices
and
substances
excluding
sorbents
is
$
22,933,
which
is
based
on
Exhibit
6­
2,
and
the
equation:

([{$
537
+
$
1,264}/
2]
x
10/
year)
+
([{$
490
+
$
1,137}/
2]
x
8/
year)
+
([{$
442
+
$
1,042}/
2]
x
10
year)
=
$
22,933
The
annual
respondent
labor
cost
for
sorbents
is
($
39.25/
hour
x
100
hours
=)
$
3,925.
Therefore,
the
total
annual
labor
cost
for
respondents
is
($
22,933
+
$
3,925
=)
26,858,
and
the
total
labor
costs
for
respondents
for
the
three­
year
ICR
period
will
be
($
26,858
+
$
26,858
+
$
26,858
=)
$
80,574.
Therefore,
the
bottom
line
cost
for
respondents
for
the
three­
year
ICR
period
will
be
($
450,000
+
$
80,574
=)
$
530,574.
There
are
no
O&
M
costs
associated
with
this
ICR.

Based
on
Exhibit
6­
3,
the
number
of
annual
burden
hours
for
EPA
is
(
200
+
160
+
200
=)
560.
Therefore,
the
total
burden
hours
for
EPA
during
the
ICR
period
will
be
(
560
+
560
+
560
=)
1,680.
The
total
annual
labor
costs
for
EPA
will
be
$
31,980.
(
See
6(
d)
for
an
explanation
of
how
EPA
derived
the
annual
labor
costs
($
31,980)
for
EPA.)
The
total
labor
costs
for
EPA
over
the
three­
year
ICR
period
will
be
($
31,980
+
$
31,980
+
$
31,980
=)
$
95,940.

EXHIBIT
6­
5
TOTAL
BURDEN
AND
COST
ESTIMATES
RESPONDENTS
EPA
Burden
(
hours)
Capital/
Startup
Costs
Labor
Costs
Burden
(
hours)
Labor
Costs
(
annual)

Year
1
826
$
150,000
$
26,858
560
$
31,980
Year
2
826
$
150,000
$
26,858
560
$
31,980
Year
3
826
$
150,000
$
26,858
560
$
31,980
Total
2,478
$
450,000
$
80,574
1,680
$
95,940
6(
f)
Reasons
for
the
Change
in
Burden
The
previous
ICR
(
August,
1997)
estimated
that
the
annual
burden
for
respondents
would
be
370
hours,
and
that
the
annual
burden
for
EPA
would
be
168
hours.
This
burden
estimate
has
been
adjusted
to
a
new
estimate
of
826
hours
for
respondents
and
560
hours
for
EPA.
The
net
change
in
the
total
burden
18
hours
for
respondents
from
the
previous
ICR
to
this
ICR
is
(
826
­
370
=)
456
hours.
The
net
change
in
the
total
burden
hours
for
EPA
will
be
(
560
­
168
=)
392
hours.

The
previous
ICR
estimated
that
the
annual
cost
for
respondents
would
be
$
99,857,
and
the
annual
cost
for
EPA
would
be
$
6,556.
This
burden
estimate
has
been
adjusted
to
a
new
estimate
of
($
150,000
+
$
26,858
=)
$
176,858
for
respondents
and
$
31,980
for
EPA.
Therefore,
the
net
change
in
the
cost
for
respondents
is
($
176,858
­
$
99,857
=)
$
77,001.
The
net
change
for
the
cost
to
EPA
will
be
($
31,980
­
$
6,556
=)
$
25,424.
The
change
in
the
burden
and
cost
is
due
to
an
increase
in
the
estimated
number
of
responses
expected
over
the
next
three
years
from
14
to
28.
This
change
represents
only
an
adjustment.
No
program
changes
are
associated
with
this
ICR.

Exhibit
6­
6
summarizes
the
change
in
annual
burden
since
the
last
ICR
due
to
the
increase
in
the
estimated
number
of
responses.

EXHIBIT
6­
6
CHANGE
IN
THE
ANNUAL
BURDEN
AND
COST
Burden
Cost
Respondents
456
hours
$
77,001
EPA
392
hours
$
25,424
TOTAL
848
hours
$
102,425
6(
g)
Burden
Statement
The
collection
of
information
required
to
prepare
and
submit
materials
for
listing
a
product
on
the
NCP
Product
Schedule
is
estimated
to
have
a
public
reporting
burden
varying
from
14
to
40
hours
per
response
in
the
first
year
and
subsequent
years,
depending
on
the
type
of
product
to
be
listed
with
an
average
of
27
hours
per
response.
There
is
no
recordkeeping
burden
associated
with
listing
a
product
on
the
NCP
Product
Schedule.

Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
Chapter
15.
19
Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
the
Director,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
2822),
1200
Pennsylvania
Ave.,
NW,
Washington,
D.
C.
20460;
and
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Officer
for
EPA.
Include
the
EPA
ICR
number
and
OMB
control
number
in
any
correspondence.
