1
RENEWAL
OF
INFORMATION
COLLECTION
REQUEST
FOR
THE
NATIONAL
OIL
AND
HAZARDOUS
SUBSTANCES
POLLUTION
CONTINGENCY
PLAN
REGULATION,
SUBPART
J
(
40
CFR
300.900)

(
EPA
ICR
#
1664.05)

1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
and
Number
of
the
Information
Collection
Renewal
of
INFORMATION
COLLECTION
REQUEST
(
ICR)
for
the
National
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan,
Subpart
J
(
40
CFR
300.900).
EPA
ICR
#
1664.05.

1(
b)
Short
Characterization/
Abstract
This
information
collection
request
(
ICR)
renewal
supports
activities
to
implement
the
NATIONAL
OIL
AND
HAZARDOUS
SUBSTANCES
POLLUTION
CONTINGENCY
PLAN
(
NCP),
Subpart
J
(
40CFR
300.900,
"
Use
of
Dispersants
and
Other
Chemicals").

The
use
of
bioremediation
agents,
dispersants,
surface
washing
agents,
surface
collecting
agents
and
miscellaneous
agents
in
response
to
oil
spills
in
U.
S.
waters
or
adjoining
shorelines
is
governed
by
Subpart
J
of
the
NCP
regulation
(
40
CFR
300.900).
Subpart
J
requirements
include
criteria
for
listing
oil
spill
mitigating
agents
on
the
NCP
Product
Schedule,
hereafter
referred
to
as
the
Schedule.
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
Schedule
is
required
by
section
311(
d)(
2)(
G)
of
the
CLEAN
WATER
ACT
(
CWA),
as
amended
by
the
Oil
Pollution
Act
of
1990.
The
Schedule
is
used
by
Federal
ON­
SCENE
COORDINATORS
(
OSCs),
REGIONAL
RESPONSE
TEAMS
(
RRTs),
and
Area
Planners
to
identify
spill
mitigating
agents
in
preparation
and
response
to
oil
spills.

Under
Subpart
J,
respondents
who
want
to
add
a
product
to
the
Schedule
must
submit
technical
product
data
to
the
U.
S.
Environmental
Protection
Agency
(
EPA
or
Agency)
as
stipulated
in
40
CFR
300.915.
Specifically,
Subpart
J
requires
the
manufacturer
to
conduct
specific
toxicity
and
effectiveness
tests
and
submit
the
corresponding
technical
product
data
along
with
other
detailed
information
to
the
EPA
Oil
Program
Center.
A
dispersant
must
exceed
the
50%
(
±
5%)
threshold
in
order
to
be
listed
on
the
Schedule.
EPA
places
oil
spill
mitigating
agents
on
the
Schedule
if
all
the
required
data
are
submitted
and
the
product
satisfies
all
requirements
and
meets
or
exceeds
testing
thresholds.
The
Product
Schedule
is
available
to
Federal
OSCs,
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
2
miscellaneous
oil
spill
control
agents.
There
are
52
products
currently
listed
on
the
Schedule
(
as
of
March
2003).
It
is
estimated
that
14
products
per
year
will
be
submitted
to
EPA
for
listing
on
the
Schedule.
Over
the
three­
year
information
collection
period,
that
will
result
in
an
estimated
42
products
to
be
listed.
Additionally,
it
is
estimated
that
approximately
10
manufacturers
will
submit
sorbent
certification.
The
annual
public
reporting
burden
will
be
390
hours.
The
total
annual
cost
to
manufacturers
under
Subpart
J
will
be
$
95,558.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
Section
311(
d)(
2)(
G)
of
the
CWA,
requires
a
product
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
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
Schedule
is
available
for
use
by
OSCs,
RRTs,
and
Area
Committees
in
determining
the
most
appropriate
products
to
use
or
prohibit
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
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/
biological
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.

To
place
a
product
on
the
Schedule,
Subpart
J
requires
that
the
manufacturer
conduct
specific
toxicity
and
effectiveness
tests
and
submit
the
corresponding
technical
product
data
and
other
required
information
to
EPA
Oil
Program
Center.
EPA
has
established
an
effectiveness
threshold
for
listing
dispersants
(
40
CFR
300.920(
a)(
2)).
Only
those
dispersants
that
meet
or
exceed
the
established
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
EPA
places
eligible
oil
spill
mitigating
agents
on
the
Schedule
if
all
the
required
data
are
submitted.
The
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
3
300.910(
a),
RRTs
and
Area
Committees
are
required
to
address
the
desirability
of
using
the
products
on
the
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/
biological
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(
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
that
it
is
submitting
this
renewal
ICR
and,
as
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
the
use
of
automated
collection
techniques.

3(
c)
Consultations
In
developing
this
NCP
Subpart
J
renewal
ICR,
EPA
consulted
with
other
Federal
agencies;
Federal
OSCs;
NCP
Product
Schedule
experts;
State
agencies;
technical
experts,
both
international
and
domestic;
and
various
commercial
laboratories.

3(
d)
Effects
of
Less
Frequent
Collection
Respondents
must
submit
information
only
when
they
apply
to
list
a
new
product
on
the
Schedule,
or
when
the
composition,
formulation,
application,
or
contact
information
of
a
product
currently
listed
on
the
Schedule
is
changed.
Because
collection
is
not
periodic,
less
frequent
collection
is
not
possible.

3(
e)
General
Guidelines
The
information
collection
activities
discussed
in
this
renewal
ICR
comply
with
all
Paperwork
Reduction
Act
regulatory
guidelines
(
5
CFR
1320.6),
with
the
exception
of
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
and
effectively
control
oil
discharges.
As
explained
in
section
5(
c),
the
establishment
of
an
acceptability
criterion
for
dispersant
effectiveness
and
the
requirement
for
4
effectiveness
testing
for
bioremediation
agents
are
not
anticipated
to
results
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
non­
confidential
information,
clearly
identified,
and
clearly
marked
"
Confidential
Business
Information."
If
the
applicant
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
and
NAICS
Codes
Respondents
include,
but
are
not
limited
to,
manufacturers
of
bioremediation
agents,
dispersants,
surface
collecting
agents,
surface
washing
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/
NAICS
325188),
°
Manufacturers
of
industrial
organic
chemicals
(
SIC
286/
NAICS
325199),
and
°
Manufacturers
of
miscellaneous
chemical
products
(
SIC
289/
NAICS
325988).

4(
b)
Information
Requested
(
i)
Data
Items
Under
Subpart
J,
manufacturers
who
wish
to
list
a
product
on
the
Schedule
must
report
the
following
data
items
listed
in
Exhibit
1.
No
specific
recordkeeping
activities
are
required.
EXHIBIT
1
Data
Items
Required
Under
NCP
Subpart
J
RESPONSE
FORM
ITEMS
RESPONDENT
ACTIVITY
BURDEN
HOURS
OIL
SPILL
MITIGATING
AGENT
BA
D
MA
SCA
SWA
Name,
brand,
or
trademark,
if
any,
under
which
the
product
is
sold
Simple
Information
0
to
0.5
X
X
X
X
X
Name,
address,
and
telephone
number
of
the
manufacturer,
importer
or
vendor
X
X
X
X
X
Name,
address
and
telephone
number
of
primary
distributors
or
sales
outlets
X
X
X
X
X
Special
handling
information
and
worker
precautions
for
storage
and
field
application,
including
maximum
and
minimum
storage
temperatures
Short
Answer
0.5
to
1
X
X
X
X
X
Shelf
life
information
Simple
Information
0
to
0.5
X
X
X
X
X
Recommended
application
procedures,
concentrations,
and
conditions
for
use
Short
Answer
0.5
to
1
X
X
X
X
X
Results
of
the
effectiveness
test
set
forth
in
Appendix
C
of
the
NCP
Narrative
Answer
2.0
to
5.0
X
X
Result
of
the
toxicity
test
set
forth
in
Appendix
C
of
the
NCP
Narrative
Answer
2.0
to
5.0
X
X
X
X
Physical
properties
covered
by
the
American
Society
for
Testing
and
Materials
(
ASTM)
reference
standards
Short
Answer
0.5
to
1
X
X
X
X
Test
results
for
distinguishing
surface
collecting
agents
from
other
chemical
agents
Short
Answer
0.5
to
1
X
List
of
product
components
Narrative
Answer
2.0
to
5.0
X
X
X
X
The
concentrations
or
upper
limits
of
any
heavy
metals,
cyanide,
and
chlorinated
hydrocarbons
Short
Answer
0.5
to
1
X
X
X
X
Information
on
microbiological
cultures,
enzyme
additives,
and
nutrient
additives
Narrative
Answer
2.0
to
5.0
X
X
Identity
of
laboratory
performing
tests,
the
qualifications
of
the
laboratory
staff,
and
laboratory
experience
with
similar
tests
Narrative
Answer
2.0
to
5.0
X
X
X
X
X
KEY:
BA
=
Bioremediation
Agent,
D
=
Dispersant,
MA
=
Miscellaneous
Agent,
SCA=
Surface
Collecting
Agent,
and
SWA
=
Surface
Washing
Agent
6
(
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
respondent
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.

5.
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
Schedule.
Once
a
manufacturer
submits
the
technical
product
data
required
by
Subpart
J,
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
on
the
completeness
of
the
information
presented.
EPA
will
not
evaluate
a
submitted
product
beyond
the
revised
effectiveness
threshold
for
the
dispersants.

5(
b)
Collection
Methodology
and
Management
1
52
products
were
listed
on
the
March
2003
Environmental
Protection
Agency
National
Contingency
Plan
Product
Schedule,
prepared
by
U.
S.
EPA
Oil
Program
Center,
(
5203G)
Ariel
Rios
Building,
1200
Pennsylvania
Avenue,
NW,
Washington,
DC
20460.
http://
www.
epa.
gov/
oilspill/
docs/
schedule.
pdf.

7
Respondents
submit
the
required
data
to
EPA
in
hard
copy.
If
the
data
are
accepted
by
EPA,
they
are
entered
electronically
on
the
Schedule.
The
data
are
then
made
available
to
OSCs
through
four
media:
(
1)
hard
copy;
(
2)
an
Internet
web
page;
(
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
have
a
significant
adverse
impact
on
a
substantial
number
of
small
businesses.

5(
d)
Collection
Schedule
EPA
requires
information
to
be
collected
whenever
a
manufacturer
wants
a
product
listed
on
the
Schedule,
or
when
a
product
already
on
the
Schedule
changes
in
composition,
formulation,
application,
or
other
product
information
changes.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Respondent
Burden
This
section
presents
the
three­
year
total
and
annualized
burden
for
respondents
for
information
collection
activities
under
Subpart
J.
Respondents
include
manufacturers
expected
to
submit
products
for
listing
on
the
Schedule
over
the
three­
year
period
addressed
by
this
renewal
ICR.

There
are
45
manufacturers
and
52
products
(
12
bioremediation
agents,
11
dispersants,
8
miscellaneous
agents,
and
21
surface
washing
agents)
listed
on
the
March
2003
Schedule.
1
EPA
estimates
that
14
products
will
apply
to
the
Schedule
annually,
including
3
bioremediation
agents,
4
dispersants,
2
miscellaneous
agents,
and
5
surface
washing
agents.
Therefore,
over
a
three­
year
period,
an
estimated
total
of
9
bioremediation
agents,
12
dispersants,
6
miscellaneous
agents,
and
15
surface
washing
agents
are
expected
to
apply
for
listing
on
the
Schedule.
EPA
expects
that
approximately
one­
third
of
the
14
annual
product
submissions
(
5
products)
will
be
approved
by
EPA
and
listed
annually
on
the
Schedule.
A
respondent's
burden
for
preparing
a
product
for
listing
on
the
Schedule
is
the
same
whether
or
not
EPA
lists
the
product.
Therefore,
burden
is
determined
for
all
manufacturers
applying
to
list
a
product
on
the
Schedule,
rather
than
just
for
those
that
receive
approval
from
EPA.

Under
Subpart
J,
EPA
estimates
that
manufacturers
applying
to
list
a
new
product
on
the
Schedule
would
require
approximately
7
to
25
hours
of
technical
labor.
The
technical
labor
estimate
includes
the
time
needed
to
complete
each
individual
response
item
required
by
Subpart
J,
as
well
as
the
time
to
review
instructions,
search
existing
data
sources,
prepare
backup
documentation,
and
maintain/
record
the
data.
The
time
required
depends
on
the
type
of
2
The
following
model
certification
statement
suffices:
"[
SORBENT
NAME]
is
a
sorbent
material
and
consists
solely
of
the
materials
listed
in
§
300.917(
b)(
2)
of
the
NCP."

8
information
requested
for
a
given
product.
Managerial
labor
burden
for
preparing
and
submitting
the
required
technical
product
data
is
estimated
to
be
approximately
one­
fifth
of
the
total
technical
hours
per
product
type.
Clerical
labor
burden
for
preparing
and
submitting
the
required
technical
product
data
is
estimated
to
be
5
to
10
hours
per
product.
Exhibit
2
summarizes
the
estimated
burden
to
respondents
for
each
oil
spill
mitigation
agent
type
under
Subpart
J.

Sorbents
are
not
listed
on
the
Schedule.
However,
when
determining
whether
to
use
a
sorbent,
OSCs
may
request
that
sorbent
manufacturers
submit
a
written
certification
that
their
product
meets
the
definition
in
Subpart
J.
2
The
estimated
unit
burden
for
sorbent
certification
is
3
hours
(
0.25
managerial,
2.0
technical,
and
0.75
clerical).
Because
sorbents
are
not
listed
on
the
Schedule,
the
small
burden
of
sorbent
certification
is
not
shown
in
Exhibit
2.

EXHIBIT
2
Respondent
Burden
to
Prepare
and
Submit
Information
to
EPA
Under
NCP
Subpart
J
UNIT
BURDEN
(
hours)
OIL
SPILL
MITIGATING
AGENT
Bioremediation
Agents
Dispersants
Miscellaneous
Agents
Surface
Collecting
Agents
Surface
Washing
Agents
Managerial
Review
1.4
to
3.6
2.0
to
5.0
2.0
to
5.0
1.7
to
4.2
Technical
Support
7.0
to
18.0
10.0
to
25.0
10.0
to
25.0
8.5
to
21.0
Clerical
Support
5
to
10
5
to
10
5
to
10
5
to
10
5
to
10
Average
22.5
28.5
28.5
25.2
24.3
Frequency
of
response
3/
year
4/
year
2/
year
0/
year
5/
year
Average
Annual
Burden
67.5
114.0
57.0
0
121.5
3
United
States
Department
of
Labor,
Bureau
of
Labor
Statistics,
Employer
Costs
for
Employee
Compensation,
Employment
Cost
Trends,
Table
10
­­
Private
industry
workers.
December
2002.

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.)
EPA
has
previously
contacted
several
different
petroleum
trade
associations
and
industries,
but
has
been
unable
to
improve
upon
this
estimate.

9
6(
b)
Estimating
Respondent
Costs
EPA
derived
the
labor
wages
from
the
U.
S.
Department
of
Labor's
Employment
Cost
Indexes
and
Levels.
3
The
wage
rates,
based
on
December
2002
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
based
on
a
survey
of
32,200
occupations
within
7,500
establishments
in
the
private
sector.
The
estimated
hourly
wage
rates
used
in
this
analysis
are:

Management:
$
50.30
Technical:
$
34.75
Clerical:
$
21.47
Estimating
Capital/
Start­
up
Cost
for
Product
Manufacturers
Laboratory
costs
are
incurred
when
a
respondent
must
test
its
product
for
effectiveness
and/
or
toxicity
according
to
the
methods
outlined
in
Appendix
C
of
the
NCP
regulations.
These
costs
are
considered
capital/
start­
up
costs.
In
order
to
provide
the
necessary
test
result
information
to
EPA,
respondents
typically
have
their
product
tested
at
a
laboratory.

°
The
dispersant
effectiveness
test
will
cost
an
estimated
$
1,200
for
each
product
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
$
15,000.

°
EPA
estimates
that
the
toxicity
test
required
for
dispersants,
miscellaneous
agents,
surface
collecting
agents,
and
surface
washing
agents
costs
$
3,000
per
product.

Respondents
are
not
expected
to
incur
any
OPERATING
AND
MAINTENANCE
(
O&
M)
costs
for
this
renewal
ICR.
The
unit
costs
for
each
respondent
to
comply
with
the
information
collection
requirements
are
presented
in
Exhibit
3.
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.
10
EXHIBIT
3
Respondent
Cost
for
Activities
Required
Under
NCP
Subpart
Ja
UNIT
COST
PER
OIL
SPILL
MITIGATING
AGENT
Bioremediation
Agents
Dispersants
Miscellaneous
Agents
Surface
Collecting
Agents
Surface
Washing
Agents
Labor
Cost
$
421­$
1,021
$
555­$
1,335
$
555­$
1,335
$
488­$
1,156
$
466­$
1,111
Non­
Labor
Capital/
Start­
up
Laboratory
Cost
Effectiveness
Test
$
15,000
$
1,200
N/
A
N/
A
N/
A
Toxicity
Test
N/
A
$
3,000
$
3,000
$
3,000
$
3,000
Total
Unit
Cost
$
15,421­$
16,021
$
4,755­$
5,535
$
3,555­$
4,335
$
3,488­$
4,156
$
3,466­$
4,111
Frequency
of
response
3/
year
4/
year
2/
year
0/
year
5/
year
Average
Annual
Cost
$
47,163
$
20,581
$
7,890
$
0
$
18,942
a
Sorbent
manufacturer
unit
cost
for
certification
is
estimated
to
be
$
98
per
respondent.
The
average
annual
cost
is
estimated
to
be
$
982
($
98
x
10
sorbent
certifications
per
year).

6(
c)
Estimating
Agency
Burden
and
Costs
This
section
presents
the
estimated
unit
burden
and
unit
cost
to
EPA
for
maintaining
the
Schedule.
Burden
estimates
are
based
on
EPA's
experience
with
placing
products
on
the
Schedule
under
Subpart
J.
Exhibit
4
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.

EXHIBIT
4
Estimated
EPA
Burden
to
Implement
NCP
Subpart
J
INFORMATION
COLLECTION
ACTIVITY
BURDEN
(
HOURS)

Bioremediation
Agents
Dispersants
Miscellaneous
Agents
Surface
Collecting
Agents
Surface
Washing
Agents
Process
submitted
data
7.0
7.0
7.0
7.0
7.0
Review
data
for
approval
6.0
6.0
6.0
6.0
6.0
Notify
respondent
of
decision
4.0
4.0
4.0
4.0
4.0
Store
data
3.0
3.0
3.0
3.0
3.0
Total
Burden
20
20
20
20
20
Frequency
of
response
3/
year
4/
year
2/
year
0/
year
5/
year
ANNUAL
BURDEN
60
80
40
0
100
5
U.
S.
Office
of
Personnel
Management.
2003
General
Schedule:
Effective
January
2003.
(
http://
www.
opm.
gov/
oca/
03tables/
OtherPayPlans/
table1.
asp)

6Calculated
as
20
burden
hours
multiplied
by
average
hourly
water
rate
of
$
46.10.

11
Based
on
the
2003
general
pay
schedule
for
the
Federal
government,
EPA
estimates
an
average
hourly
wage
rate
of
$
46.10
for
management
and
technical
staff
to
maintain
the
Product
Schedule.
5
To
derive
hourly
estimates,
the
average
step
1
to
step
10
annual
compensation
mid­
point
for
a
GS­
13
($
70,440)
managerial
staff
and
a
GS­
11
technical
staff
($
49,425)
was
divided
by
2,080
(
the
number
of
hours
in
the
Federal
work­
year)
and
multiplied
by
the
standard
government
overhead
factor
(
1.6).
The
adjusted
wage
rate
is
multiplied
by
the
hours
in
Exhibit
4
to
obtain
EPA
labor
burden
cost.
The
cost
of
labor
per
application
is
therefore
$
922.6
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
the
purpose
of
this
analysis,
EPA
estimates
all
submitted
dispersant
applications
will
undergo
verification
tests
at
a
cost
of
$
1,200
per
test.
EPA's
intent,
as
stated
in
Subpart
J,
is
to
verify
all
dispersants
test
through
EPA's
Office
of
Research
and
Development.
Thus,
on
average
EPA
estimates
that
verification
testing
will
cost
approximately
$
1,200
per
dispersant
submission.
This
results
in
a
total
unit
cost
of
$
2,122
per
dispersant
per
application.
There
are
no
costs
in
addition
to
labor
for
other
types
of
products
under
Subpart
J.

The
annual
costs
to
EPA
under
Subpart
J
are
presented
in
Exhibit
5.
As
mentioned
previously,
it
is
estimated
that,
under
Subpart
J,
applications
will
be
received
for
3
bioremediation
agents,
4
dispersants,
2
miscellaneous
agents,
and
5
surface
washing
agents
per
year
over
the
course
of
the
three­
year
renewal
ICR
period.
12
EXHIBIT
5
Estimated
EPA
Cost
to
Implement
NCP
Subpart
J
INFORMATION
COLLECTION
ACTIVITY
UNIT
COST
PER
OIL
SPILL
MITIGATING
AGENT
Bioremediation
Agents
Dispersants
Miscellaneous
Agents
Surface
Collecting
Agents
Surface
Washing
Agents
Labor
Costa
$
922
$
922
$
922
$
922
$
922
Non­
Labor
Capital/
Start­
up
Laboratory
Cost
Effectiveness
Test
N/
A
$
1,200
N/
A
N/
A
N/
A
Toxicity
Test
N/
A
N/
A
N/
A
N/
A
N/
A
Total
Unit
Cost
$
922
$
2,122
$
922
$
922
$
922
Frequency
of
response
3/
year
4/
year
2/
year
0/
year
5/
year
Total
Annual
Cost
$
2,766
$
8,488
$
1,844
$
0
$
4,610
a
EPA
labor
cost
is
based
on
20
hours
per
response
x
$
46.10/
hour.

6(
d)
Estimating
the
Respondent
Universe
and
Total
Burden
and
Costs
Estimated
Total
Annual
Burdens
and
Costs
for
All
Respondents
The
average
annual
burdens
(
i.
e.,
the
burdens
to
all
respondents
within
a
product
category)
are
presented
at
the
bottom
of
Exhibit
2.
The
average
annual
burden
is
arrived
at
by
multiplying
the
average
unit
burden
(
the
midpoint
of
the
range)
by
the
estimated
frequency
of
responses
per
year
for
each
oil
spill
mitigating
agent
type.

The
number
of
responses
expected
annually
over
the
three­
year
renewal
ICR
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
3
bioremediation
agents,
4
dispersants,
2
miscellaneous
oil
spill
control
agents,
0
surface
collecting
agents,
and
5
surface
washing
agents
each
year
of
the
renewal
ICR
period;
consequently
EPA
estimates
that
on
average
14
total
product
listings
will
occur
each
year
of
the
ICR
period.

Based
on
the
average
annual
burdens
shown
in
Exhibit
2,
the
total
average
annual
burden
under
Subpart
J
will
be
approximately
360
hours
for
all
14
respondents.
However,
it
is
also
expected
that
10
sorbent
manufacturers
per
year
will
have
to
certify
the
composition
of
their
product
at
an
annual
burden
of
30
hours.
Therefore
the
total
annual
burden
to
manufacturers
under
Subpart
J
will
be
approximately
390
hours.

The
annual
costs
for
the
product
categories
are
presented
at
the
bottom
of
Exhibit
3.
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.
13
Based
on
the
average
annual
costs
shown
in
Exhibit
3,
the
total
annual
cost
under
Subpart
J
will
be
$
94,576
for
all
14
respondents.
However,
it
is
also
expected
that
10
sorbent
manufacturers
per
year
will
be
have
to
certify
the
composition
of
their
product,
at
an
annual
cost
of
$
982
(
10
products
x
$
98
per
product).
Therefore
the
total
annual
cost
to
manufactures
under
Subpart
J
will
be
$
95,558.

Estimated
Total
Annual
Burden
and
Cost
to
EPA
The
annual
burden
and
costs
to
EPA
under
Subpart
J
are
presented
at
the
bottom
of
the
tables
in
Exhibits
4
and
5,
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
4).
It
is
also
estimated
that
EPA
would
process
4
applications
for
dispersants
each
year,
as
mentioned
above.
Therefore,
the
annual
burden
to
EPA
for
dispersants
under
Subpart
J
would
be
approximately
80
hours
(
20
hours/
application
x
4
applications).
The
total
annual
burden
to
EPA
under
Subpart
J
will
be
approximately
280
hours
(
20
hours/
application
x
14
application).
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
applications
will
be
received
for
3
bioremediation
agents,
4
dispersants,
2
miscellaneous
oil
spill
control
agents,
0
surface
collecting
agents,
and
5
surface
washing
agents
each
year
of
the
renewal
ICR
period.

The
annual
cost
to
EPA,
as
shown
in
Exhibit
5,
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
$
8,488
($
2,122
per
application
x
4
dispersants
per
year).
The
total
annual
cost
to
EPA
under
Subpart
J
will
be
$
17,708.

6(
e)
Bottom
Line
Burden
Hours
and
Costs
The
total
annual
burden
and
costs
for
each
of
the
three
years
of
the
renewal
ICR
period
are
illustrated
in
Exhibit
6.
The
labor
cost
represents
the
average
hourly
burden
weighted
by
the
appropriate
wage
category
(
management,
technical,
or
clerical).
Capital/
start­
up
costs
vary
depending
on
product
type
and
the
test(
s)
required.
For
the
renewal
ICR
period,
the
burden
hours
for
respondents
will
be
1,170
hours
(
390
+
390
+
390).
Based
on
Exhibit
6­
3,
the
annual
start
up
costs
for
respondents
is
$
82,800
(($
15,000)(
3/
year)
+
($
1,200
+
$
3000)(
4/
year)
+
($
3,000)(
2/
year)
+
($
3,000)(
5/
year)).
Therefore
the
total
capital/
start­
up
costs
for
respondents
for
the
three­
year
renewal
ICR
period
will
be
$
248,400.

The
annual
respondent
labor
cost
for
oil
spill
mitigating
devices
and
substances
excluding
sorbents
is
$
11,776,
which
is
based
on
Exhibit
3,
and
the
equation:

([{$
421+$
1,021}/
2]
x
3/
year)
+
([{$
555
+
$
1,335}/
2]
x
4/
year)
+
([{$
555
+
$
1,335}/
2]
x
2/
year)
+
([{$
488
+
$
1,156}/
2]
x
0/
year)
+
([{$
466
+
$
1,111}/
2]
x
5/
year)
=
$
11,776
The
annual
respondent
labor
cost
of
sorbent
is
($
98.17
x
10
respondents)
$
982.
Therefore
the
total
annual
labor
cost
for
respondents
is
$
12,758,
and
the
total
labor
costs
for
respondents
for
the
three­
year
ICR
period
will
be
$
38,274
($
12,758
x
3
years).
Therefore,
the
bottom
line
cost
for
respondents
for
the
three­
year
renewal
ICR
period
will
be
$
286,674
($
248,400
+
$
38,274).
There
are
no
O&
M
costs
associated
with
this
renewal
ICR.

EXHIBIT
6
Total
Burden
and
Cost
Estimates
Under
Subpart
J
RESPONDENTS
EPA
Burden
(
hours)
Labor
Costs
Capital/
Start­
up
Costs
Burden
(
hours)
Labor
Costs
Capital/
Start­
up
Costs
Year
1
390
$
12,758
$
82,800
280
$
12,908
$
4,800
Year
2
390
$
12,758
$
82,800
280
$
12,908
$
4,800
Year
3
390
$
12,758
$
82,800
280
$
12,908
$
4,800
Totala
1,170
$
38,274
$
248,400
840
$
38,724
$
14,400
a
Total
hours
are
rounded
to
the
nearest
hour.
Total
costs
are
rounded
to
three
significant
figures.

Based
on
Exhibit
4,
the
Subpart
J
annual
burden
for
EPA
is
280
hours.
Therefore,
the
total
burden
hours
for
EPA
during
the
three­
year
renewal
ICR
period
will
be
840.
The
total
annual
labor
costs
for
EPA
from
will
be
$
12,908.
The
total
labor
costs
for
EPA
over
the
three­
year
renewal
ICR
period
will
be
$
38,724
($
12,908
x
3
years).

6(
f)
Reasons
for
the
Change
in
Burden
The
previous
NCP
Subpart
J
ICR
(
August,
2000)
estimated
that
the
annual
burden
for
respondents
would
be
826
hours,
and
the
annual
burden
for
EPA
would
be
560
hours.
This
burden
estimate
has
been
adjusted
to
a
new
estimate
of
390
hours
for
respondents
and
280
hours
for
EPA.
The
net
change
in
the
total
annual
burden
hours
for
respondents
from
the
previous
ICR
to
this
ICR
is
­
426
hours
(
390
­
826).
The
net
change
in
the
total
annual
burden
hours
for
EPA
will
be
­
280
hours
(
280
­
560).

The
previous
ICR
estimated
that
the
annual
cost
for
respondents
would
be
$
176,858,
and
the
annual
cost
for
EPA
would
be
$
31,980.
This
annual
burden
estimate
has
been
adjusted
to
a
new
estimate
of
$
95,558
($
12,758
+
$
82,800)
for
respondents
and
$
17,708
($
12,908
+
$
4,800)
for
EPA.
Therefore,
the
net
change
in
the
cost
for
respondents
is
­$
81,300
($
95,558
­
$
176,858).
The
net
change
in
cost
for
EPA
will
be
­$
14,272
($
17,708
­
$
31,980).

Exhibit
7
summarizes
the
change
in
annual
burden
since
the
last
ICR.
Differences
in
burden
and
costs
from
the
previous
ICR
can
be
attributed
to
adjustment
changes.
No
program
changes
are
associated
with
this
renewal
ICR.
The
adjustment
changes
associated
with
this
renewal
ICR
are
due
to
the
following:


Decrease
in
burden
hours
due
to
EPA's
assumption
that
manufacturers
will
apply
to
list
14
new
oil
mitigating
agents
on
the
Schedule
per
year
over
a
three­
year
period
versus
an
estimated
28
per
year
during
the
three­
year
period
of
the
current
ICR.
15

New
dispersant
effectiveness
test
and
bioremediation
agent
effectiveness
test
cost
estimates,
which
increased
from
$
1,000
to
$
1,200
for
dispersants
and
from
$
5,000
to
$
15,000
for
bioremediation
agents.


New
toxicity
test
cost
estimate
of
$
3,000,
down
from
$
5,000.


Decrease
in
the
number
of
sorbent
manufacturer
certification
requests
per
year
(
from
20
to
10)
and
in
the
burden
estimate
per
respondent
(
from
5
to
3
hours).
°
Updated
wage
rates
to
reflect
December
2002
dollars.
°
Updated
respondent
unit
labor
cost
estimation
procedure
using
actual
weighted
wage
rate
estimates
by
labor
category
(
managerial,
technical,
and
clerical)
by
information
collection
activity.
This
method
replaced
uniformly
applying
a
weighted
wage
rate
estimate
for
managerial,
technical
and
clerical
labor
in
the
ratio
of
20%,
70%
and
10%,
respectively,
across
all
information
collection
activities.

EXHIBIT
7
Change
in
Total
Annual
Burden
and
Cost
Burden
(
Hours)
Cost
Respondents
­
426
­$
81,300
EPA
­
280
­$
14,272
Total
­
706
­$
95,572
16
6(
g)
Burden
Statement
The
collection
of
information
required
to
prepare
and
submit
material
for
listing
a
product
on
NCP
Product
Schedule
is
estimated
to
have
a
public
reporting
burden
of
13
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
26
hours
per
response.
Written
certification
for
sorbents
is
estimated
to
have
a
public
reporting
burden
of
3
hours
per
product.
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
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
chapter
15.

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
the
OMB
control
number
in
any
correspondence.
