SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

The National Oil and Hazardous Substances Pollution Contingency Plan
Regulation, Subpart J (40 CFR 300.900)

1.  Identification of the Information Collection

1(a)	Title and Number of the Information Collection

The National Oil and Hazardous Substances Pollution Contingency Plan
Regulation, Subpart J (40 CFR 300.900) (Renewal)

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 (40 CFR 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 in
the Office of Emergency Management, Office of Solid Waste and Emergency
Response.  A dispersant must exceed the 50-percent (±5 percent)
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 miscellaneous oil spill
control agents.  There are 67 products currently listed on the Schedule
(as of June 2010).  It is estimated that 14 products per year will be
submitted to EPA for listing on the Schedule.  Over the three-year
period covered by this ICR, an estimated 42 products may be listed. 
Additionally, EPA estimates that approximately 10 manufacturers will
submit sorbent certifications.  The annual public reporting burden will
be 390 hours.  The total annual cost (including labor and non-labor) to
manufacturers under Subpart J is estimated to be $100,493.

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 the EPA Office of Emergency Management Regulatory and
Policy Development Division. 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 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.

Nonduplication, Consultations, And Other Collection Criteria

3(a)	Nonduplication

Manufacturers do not report this information to any other federal
agency, and this is the only list of its kind on a national level,
therefore, there is no duplication.

	3(b)	Public Notice Required Prior to ICR Submission to OMB

On April 14, 2010 (75 FR 19386) EPA sought comments on this ICR pursuant
to 5 CFR 1320.8(d).  EPA received no comments.

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 and product manufacturers. One toxicity
test laboratory (Coastal Bioanalysis Inc., 804-694-8285) responded to
requests for feedback. The company noted that the toxicity test cost
estimate in the ICR supporting statement was reasonable and that they
charge $2,900. In addition, two manufacturers provided input on EPA's
assumptions. A surface washing agent manufacturer (Superall Products
SWA, 281-351-4800) gave burden estimates that are similar to those in
the ICR, so no changes to the supporting statement were deemed
necessary. A bioremediation agent manufacturer (WMI International Inc.,
713-956-4001) confirmed that the effectiveness test costs $15,000, which
reflects EPA's current assumption. EPA has not obtained feedback from
this manufacturer on burden hour estimates.



Results of Calls to Manufacturers

Company	Phone Number	Comments	Results

Coastal Bioanalysis, Inc.	804-694-8285	This lab only conducts toxicity
testing and has stopped performing tests for other oil spill mitigating
agent types.	The lab agreed that the toxicity test cost was reasonable,
and stated that they charge $2,900.

Bonner Analytical Testing	601-264-2854	The lab requested they review the
test protocol for the effectiveness tests in order to assess the
estimated costs.	We sent the lab Appendix C of Subpart J and have not
received a response.

NOTE:  Other laboratories attempted included Aqua Survey (appropriate
person on leave); Aqua Tox Research and SGS US Testing Co. (no longer
perform relevant tests); and Environmental Enterprises USA, Inc. (phone
number out of service).





Company	Phone Number	Comments	Results

Dispersants

Petrobiotech	203-966-4573	The appropriate individual will assess the
reasonableness of the burden hours.	We faxed the dispersant agent burden
hour estimates to the company.



Surface Washing Agents

Superall Products SWA	281-351-4800	The appropriate individual will
assess the reasonableness of the burden hours.	The manufacturer gave
burden hours similar to our estimates.

Bioremediation

WMI International Inc.	713-956-4001	The appropriate individual will
assess the reasonableness of the burden hours.	The company confirmed
that an effectiveness test costs $15,000, in line with EPA estimates. No
response on burden hours.

NOTE:  We attempted to contact Dispersit SPC 1000 and UNIVAR, but their
phone numbers were out of service.



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 regulatory guidelines under 5 CFR 1320.5(d)(2).  

3(f)	Confidentiality

At 40 CFR 300.920(c), respondents are allowed 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

(ii)	Respondent Activities

Except for effectiveness and toxicity testing, the data items discussed
in section 4(b)(i) should already be available to respondents through
customary business practices (i.e., normal research and development
activities).  Effectiveness and toxicity tests, where applicable,
require respondents to send products 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

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 five media:  (1) hard
copy; (2) an Internet Web page; (3) electronic mail; (4) NOAA Response
LINK; 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

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.  The establishment of an acceptability criterion for
dispersant effectiveness and the requirement for effectiveness testing
for bioremediation agents are not anticipated to result in 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 burden as well as annual
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 53 manufacturers and 67 products (15 bioremediation agents, 14
dispersants, 11 miscellaneous agents, and 27 surface washing agents)
listed on the June 2010 Schedule.1  EPA estimates that manufacturers
will apply to list 14 products on the Schedule each year, including
3 bioremediation agents, 4 dispersants, 2 miscellaneous agents, and 5
surface washing agents.  Over a three-year period, EPA anticipates that
manufacturers will apply to list a total of 9 bioremediation agents,
12 dispersants, 6 miscellaneous agents, and 15 surface washing agents
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.

 

Exhibit 1 provides estimates of the burden (hours) required to respond
to each data item covered by this ICR.  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
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 type of oil spill mitigation agent.

Sorbents are not listed on the Schedule.  However, when determining
whether to use a sorbent, OSCs may request that sorbent manufacturers
submit a written certification2 that their product meets the definition
in Subpart J.  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	1.6 to 4.0

Technical Support	7.0 to 18.0	10.0 to 25.0	10.0 to 25.0	8.5 to 21.0	8.0
to 20.0

Clerical Support	5 to 10	5 to 10	5 to 10	5 to 10	5 to 10

Total Unit Burden	13.4 to 31.6	17.0 to 40.0	17.0 to 40.0	15.2 to 35.2
14.6 to 34.0



	6(b)  	Estimating Respondent Costs

	(i)	Estimating Labor 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 September
2006 dollars, include wages and salaries; benefit costs, including paid
leave, supplemental pay, insurance, retirement and savings, and legally
required 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 49,000 occupations within 11,000
establishments in the private sector.  Following are the estimated
hourly wage rates used in this analysis: 

Management -- 	$59.82

Technical -- 		$51.92

Clerical -- 		$26.03

									

	(ii)	Operating and Maintenance (O&M) Costs 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.  Although previous ICRs for the NCP
Subpart J regulation have shown laboratory-testing costs as capital or
start-up costs, EPA believes these costs are more appropriately
characterized as operating and maintenance (O&M) costs.  Manufacturers
are purchasing services (laboratory testing), rather than physical
capital (e.g. computers, machinery, or equipment).  Therefore, testing
costs are now included as O&M.

	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-percent (±5 percent) 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 capital/start-up 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 O&M laboratory
cost.  The total unit costs are presented as ranges, reflecting the
ranges of burden hour estimates.



EXHIBIT 3

Respondent Unit Costs for Activities Required Under NCP Subpart Ja

Information Collection Activityb	Burden Hours	Total Burden Hours
Capital/Startup Costs	O&M Costs	Total Unit Cost

	Management	Technical	Clerical





	($59.82/hr)	($51.92/hr)	($26.03/hr)





	Low	High	Low	High	Low	High	Low	High

	Low	High

Manufacturers of Bioremediation Agents

Prepare and Submit Response Form Items	1.4	3.6	7.0	18.0	5.0	10.0	13.4
31.6	$0	$0	$577	$1,410

Conduct Effectiveness Testing	0.0	0.0	0.0	0.0	0.0	0.0	0.0	0.0	$0	$15,000
$15,000	$15,000

Subtotal - Manufacturers of Bioremediation Agents	1.4	3.6	7.0	18.0	5.0
10.0	13.4	31.6	$0	$15,000	$15,577	$16,410

Manufacturers of Dispersants

Prepare and Submit Response Form Items	2.0	5.0	10.0	25.0	5.0	10.0	17.0
40.0	$0	$0	$769	$1,858

Conduct Effectiveness Testing	0.0	0.0	0.0	0.0	0.0	0.0	0.0	0.0	$0	$1,200
$1,200	$1,200

Conduct Toxicity Testing	0.0	0.0	0.0	0.0	0.0	0.0	0.0	0.0	$0	$3,000
$3,000	$3,000

Subtotal - Manufacturers of Dispersants	2.0	5.0	10.0	25.0	5.0	10.0	17.0
40.0	$0	$4,200	$4,969	$6,058

Manufacturers of Miscellaneous Agents

Prepare and Submit Response Form Items	2.0	5.0	10.0	25.0	5.0	10.0	17.0
40.0	$0	$0	$769	$1,858

Conduct Toxicity Testing	0.0	0.0	0.0	0.0	0.0	0.0	0.0	0.0	$0	$3,000
$3,000	$3,000

Subtotal - Manufacturers of Miscellaneous Agents	2.0	5.0	10.0	25.0	5.0
10.0	17.0	40.0	$0	$3,000	$3,769	$4,858

Manufacturers of Surface Collecting Agents

Prepare and Submit Response Form Items	1.7	4.2	8.5	21.0	5.0	10.0	15.2
35.2	$0	$0	$673	$1,602

Conduct Toxicity Testing	0.0	0.0	0.0	0.0	0.0	0.0	0.0	0.0	$0	$3,000
$3,000	$3,000

Subtotal - Manufacturers of Surface Collecting Agents	1.7	4.2	8.5	21.0
5.0	10.0	15.2	35.2	$0	$3,000	$3,673	$4,602

Manufacturers of Surface Washing Agents

Prepare and Submit Response Form Items	1.6	4.0	8.0	20.0	5.0	10.0	14.6
34.0	$0	$0	$641	$1,538

Conduct Toxicity Testing	0.0	0.0	0.0	0.0	0.0	0.0	0.0	0.0	$0	$3,000
$3,000	$3,000

Subtotal - Manufacturers of Surface Washing Agents	1.6	4.0	8.0	20.0	5.0
10.0	14.6	34.0	$0	$3,000	$3,641	$4,538

aThe unit cost for sorbent certification is estimated to be $138 per
sorbent.  The average annual cost is estimated to be $1,383 ($138 x 10
sorbent certifications per year).

bExhibit 1 provides a detailed list of burden hours for each response
form item included in the analysis.

	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 Unit Burden and Cost to EPA to Implement NCP Subpart J

INFORMATION COLLECTION ACTIVITY	Burden Hours ($50.39)1,2	Cost Per
Product

Process submitted data	7	$353

Review data for approval 	6	$302

Notify respondent of decision	4	$202

Store data	3	$151

UNIT BURDEN	20	$1,008

1 Based on the 2006 general pay schedule for the federal government, EPA
estimates an average hourly wage rate of $50.39 for management and
technical staff to maintain the Product Schedule.

2EPA assumes burden hours for each information collection activity will
be the same for each oil spill mitigation agent type.



	Based on the 2006 general pay schedule for the federal government, EPA
estimates an average hourly wage rate of $50.39 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 ($76,995) managerial staff and a GS-11 technical staff
($54,021) 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 $1,008.6

	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 $2,208 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. 

						EXHIBIT 5

Estimated Annual Burden and Cost to EPA to Implement NCP Subpart J

Oil Spill Mitigation Agent	Burden Hours	Cost Per Product1	Number of
Products Per Year	Total Annual Burden Hours	Total Annual Cost

   Bioremediation Agents	20	$1,008	3	60	$3,023

   Dispersants	20	$2,208	4	80	$8,831

   Miscellaneous Agents	20	$1,008	2	40	$2,016

   Surface Collecting Agents	20	$1,008	0	0	$0

   Surface Washing Agents	20	$1,008	5	100	$5,039

   Total	14	280	$18,909

1EPA estimates all submitted dispersant applications will undergo
verification tests at a cost of $1,200 per test.  This cost is added to
the cost associated with information collection activities listed in
Exhibit 4 ($1,008).  

 

6(d)   	Estimating the Respondent Universe and Total Burden and Costs

												

Estimated Total Annual Burden and Costs for All Respondents

The section presents the average annual burden and costs for all
respondents.  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 manufacturers will apply to list 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
manufacturers will apply to list an average of 14 total product listings
will occur each year of the ICR period.

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, as shown in
Exhibit 6.

Based on the average annual burdens shown in Exhibit 6, 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.
 

As shown in Exhibit 6, the total annual cost under Subpart J will be
$99,110 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 $1,383 (10 products x $138.33 per
product). Therefore the total annual cost to manufactures under Subpart
J will be $100,493.

EXHIBIT 6

Estimated Total Average Annual Burden and Costs for All Respondents

Information Collection Activity	Per Product Costs	Number of Products
Annually	Total Average Annual Burden Hours	Total Average Labor Costs
Total O&M Costs	Total Average Annual Costs

	Average Burden Hours	Total Average Burden Hours	Total Average Labor
Cost	Capital/Startup Costs	O&M Costs	Total Average Costs







Management	Technical	Clerical











	($59.82/hr)	($51.92/hr)	($26.03/hr)











Manufacturers of Bioremediation Agents













	Prepare and Submit Response Form Items	2.5	12.5	7.5	22.5	$994	$0	$0
$994	3	67.5	$2,982	$0	$2,982

Conduct Effectiveness Testing	0.0	0.0	0.0	0.0	$0	$0	$15,000	$15,000	3
0.0	$0	$45,000	$45,000

Subtotal - Manufacturers of Bioremediation Agents	2.5	12.5	7.5	22.5	$994
$0	$15,000	$15,994	3	67.5	$2,982	$45,000	$47,982

Manufacturers of Dispersants













	Prepare and Submit Response Form Items	3.5	17.5	7.5	28.5	$1,313	$0	$0
$1,313	4	114.0	$5,253	$0	$5,253

Conduct Effectiveness Testing	0.0	0.0	0.0	0.0	$0	$0	$1,200	$1,200	4	0.0
$0	$4,800	$4,800

Conduct Toxicity Testing	0.0	0.0	0.0	0.0	$0	$0	$3,000	$3,000	4	0.0	$0
$12,000	$12,000

Subtotal - Manufacturers of Dispersants	3.5	17.5	7.5	28.5	$1,313	$0
$4,200	$5,513	4	114.0	$5,253	$16,800	$22,053

Manufacturers of Miscellaneous Agents













	Prepare and Submit Response Form Items	3.5	17.5	7.5	28.5	$1,313	$0	$0
$1,313	2	57.0	$2,627	$0	$2,627

Conduct Toxicity Testing	0.0	0.0	0.0	0.0	$0	$0	$3,000	$3,000	2	0.0	$0
$6,000	$6,000

Subtotal - Manufacturers of Miscellaneous Agents	3.5	17.5	7.5	28.5
$1,313	$0	$3,000	$4,313	2	57.0	$2,627	$6,000	$8,627

Manufacturers of Surface Collecting Agents













	Prepare and Submit Response Form Items	3.0	14.8	7.5	25.2	$1,138	$0	$0
$1,138	0	0.0	$0	$0	$0

Conduct Toxicity Testing	0.0	0.0	0.0	0.0	$0	$0	$3,000	$3,000	0	0.0	$0	$0
$0

Subtotal - Manufacturers of Surface Collecting Agents	3.0	14.8	7.5	25.2
$1,138	$0	$3,000	$4,138	0	0.0	$0	$0	$0

Manufacturers of Surface Washing Agents













	Prepare and Submit Response Form Items	2.8	14.0	7.5	24.3	$1,090	$0	$0
$1,090	5	121.5	$5,448	$0	$5,448

Conduct Toxicity Testing	0.0	0.0	0.0	0.0	$0	$0	$3,000	$3,000	5	0.0	$0
$15,000	$15,000

Subtotal - Manufacturers of Surface Washing Agents	2.8	14.0	7.5	24.3
$1,090	$0	$3,000	$4,090	5	121.5	$5,448	$15,000	$20,448

Subtotal - Oil Spill Mitigation Agents	15.3	76.3	37.5	129.0	$5,848	$0
$28,200	$34,048	14	360.0	$16,310	$82,800	$99,110

Sorbent Certification	0.3	2.0	0.8	3.0	$138	$0	$0	$138	10	30.0	$1,383	$0
$1,383

Total	15.5	78.3	38.3	132.0	$5,986

	$34,186

390.0	$17,693	$82,800	$100,493





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 $8,831
($2,208 per application x 4 dispersants per year).   The total annual
cost to EPA under Subpart J will be $18,909.

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).  O&M costs vary depending
on product type and the test(s) required.  For the renewal ICR period,
the burden hours for respondents are 1,170 hours (390 + 390 + 390). 
Based on Exhibit 6, the annual O&M costs for respondents are $82,800
(($15,000)(3/year) + ($1,200 + $3000)(4/year) + ($3,000)(2/year) +
($3,000)(5/year)).  Therefore the total O&M costs for respondents for
the three-year renewal ICR period are $248,400.

The annual respondent labor cost for oil spill mitigating agents and
substances excluding sorbents is $16,310, which is based on Exhibit 3
and the following equation:

([{$577+$1,410}/2] x 3/year) + ([{$769+ $1,858}/2] x 4/year) + ([{$769 +
$1,858}/2] x 2/year) + ([{$673+ $1,602}/2] x 0/year) + ([{$641+
$1,538}/2] x 5/year) = $16,310

The annual respondent labor cost of sorbent is $1,383 ($138.33 x 10
respondents).  Therefore, the total annual labor cost for respondents is
$17,693, and the total labor costs for respondents for the three-year
ICR period will be $53,079 ($17,693 x 3 years).  Accordingly, the bottom
line cost for respondents for the three-year renewal ICR period is
$301,479 ($248,400 + $53,079).  There are no capital/start-up costs
associated with this renewal ICR.

EXHIBIT 7

Total Burden and Cost Estimates Under Subpart J

Year	RESPONDENTS	EPA

	Burden (hours)	Labor Costs	O&M Costs	Total Costs	Burden (hours)	Labor
Costs	O&M Costs	Total Costs

Year 1	390	$17,693 	$82,800 	$100,493 	280	$14,109 	$4,800 	$18,909 

Year 2	390	$17,693 	$82,800 	$100,493 	280	$14,109 	$4,800 	$18,909 

Year 3	390	$17,693 	$82,800 	$100,493 	280	$14,109 	$4,800 	$18,909 

Totala	1,170	53,079	248,400	301,479	840	42,327	14,400	56,727



As shown in 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 are 840.  The total annual labor costs for EPA are $14,109,
and the total labor costs for EPA over the three-year renewal ICR period
are $42,327 ($14,109 x 3 years).

6(f)	Reasons for the Change in Burden

EPA does not anticipate any changes in the annual burden hours or O&M
costs under this ICR renewal (see Exhibit 8).  The only modifications
made to figures in this ICR supporting statement involve updates to the
wage rates associated with respondent and EPA personnel activities. 
Labor costs are not reported in the OMB inventory.

EXHIBIT 8

Estimated Annualized Burden and Costs Comparison

 	Annualized Burden Hours	Annualized O&M Costs

Current OMB Inventory Burden	390	$82,800

Change in Burden

	Adjustment

	Program Change	0

0

0	0

0

0

ICR Renewal Burden	390	$82,800



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.  

To comment 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,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OPA-2007-0042, which is available for online viewing at
www.regulations.gov, or in person viewing at the Superfund Docket in the
EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays.  The telephone number for the Reading Room is (202)
566-1744, and the telephone number for the Superfund Docket is (202)
566-0276.  An electronic version of the public docket is available at
www.regulations.gov.  This site can be used to submit or view public
comments, access the index listing of the contents of the public docket,
and to access those documents in the public docket that are available
electronically.  When in the system, select “search,” then key in
the Docket ID Number identified above.  Also, you can send comments to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk
Officer for EPA.  Please include the EPA Docket ID Number
EPA-HQ-OPA-2007-0042 and OMB Control Number 2050-0141 in any
correspondence.

	1 65 products were listed on the December 2006 Environmental Protection
Agency National Contingency Plan Product Schedule, prepared by U.S. EPA
Office of Emergency Management Regulation and Policy Division, 1200
Pennsylvania Avenue, NW (5104A), Washington, DC 20460.
http://www.epa.gov/oilspill/pdfs/schedule.pdf.

	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.”

	3 United States Department of Labor, Bureau of Labor Statistics,
Employer Costs for Employee Compensation, Employment Cost Trends, Table
11 -- Private industry workers, by occupational group and full-time and
part-time status, September 2006. (Last Modified December 13, 2006).

	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
composed 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.

	5 U.S. Office of Personnel Management.  2006 General Schedule:
Effective January 2007. (http://www.opm.gov/oca/03tables/html/gs.asp)

	6The cost is calculated by multiplying 20 burden hours by the average
hourly wage rate of $50.39.

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