                           2016 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) 
      ICR # 1664.11, OMB # 2050-0141

      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 oil spill control agents (MOSCAs) 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 300.900, 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 (FOSCs), 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 Land and Emergency Response [formerly the Office of Solid Waste and Emergency Response (OSWER)].  For example, a dispersant must exceed the 50-percent (+-5 percent) efficacy 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 FOSCs, 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 117 products currently listed on the Schedule (as of June 2016).  It is estimated that 11 products per year will be submitted to EPA for listing on the Schedule.  Over the three-year period covered by this ICR, an estimated 33 products may be listed.  Additionally, EPA estimates that approximately 10 manufacturers will submit information to obtain sorbent certifications.  The annual public reporting burden will be 315 hours.  The total annual cost (including labor and non-labor) to manufacturers under Subpart J is estimated to be $89,590.69.
      
      On January 22, 2015, the National Oil and Hazardous Substance Contingency Plan; Proposed Rule for Subpart J was released on the Federal Register (80 FR 3380) for a public comment period of 90 days. A total of 81,972 comments were collected during the comment period. The Proposed Subpart Rule has a separate ICR (ICR # 1664.10, OMB # 2050-0141) that covers the proposed amendments.  A copy of the Proposed Subpart J rule and accompanying ICR can be found in the following EPA docket: EPA-HQ-OPA-2006-0090. The Agency is proposing to amend the requirements in Subpart J of the NCP. The proposed amendments to Subpart J would require that manufacturers conduct efficacy and toxicity tests for each chemical and biological agent consistent with the analytical test methods and criteria in the revised Appendix C to part 300. The proposal both revises existing analytical tests and criteria and adds new efficacy and toxicity tests in Appendix C to part 300. All manufacturers incur costs on a one-time only basis to list products on the Schedule. The manufacturers with products that are on the current Schedule will be required to retest their products using the new efficacy and toxicity tests. The manufacturers of new products will be required to test their products using the new test methods and meet the new testing criteria. This ICR renewal (ICR # 1664.11) covers the current existing Subpart J rule promulgated in 1994.
      
2.  Need For and Use of the Collection
 
      2(a)	Need/Authority for the Collection

      Section 311(d)(2)(G) of the Clean Water Act (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 FOSCs, 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 FOSCs, 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 FOSCs, 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 Product Schedule Manager.  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 FOSCs, 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 FOSCs, 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 FOSCs, 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
 
       An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on March 25, 2016 (81 FR 16174). There were no comments received.  
 
       3(c)	Consultations
 
       In developing this NCP Subpart J renewal ICR, EPA consulted with other federal agencies; FOSCs; NCP Product Schedule experts; state agencies; technical experts, both international and domestic; and various commercial laboratories and product manufacturers. A few laboratories responded to requests for feedback.  In addition, five manufacturers provided input. A surface washing agent manufacturer, Superall Products LLP, 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. 
                           Results of Calls to Labs
Company
                                 Phone Number
                                   Comments
                                    Results
Coastal Bioanalysts, Inc.
804-694-8285
This lab only conducts toxicity testing. The lab agreed that the toxicity test cost was reasonable
 Tox $3,500
Bonner Analytical Testing Company
601-264-2854
All testing except toxicity
Bioremediation efficacy $12-19,000
SFT  $2,500
Pacific EcoRisk 
707-207-7760
Lab has more certifications than most so they charge more
LC50 $4,200
All physical properties including flash point  $1,200
                       Results of Calls to Manufacturers
                                    Company
                                 Phone Number
                                   Comments
                                    Results
Dispersants
AGS Solutions Inc.
713-645-4933
About  40 hours to list dispersant
Tox $3,500
SFT  $2,500

Surface Washing Agents
Superall Products LLP
281-351-4800
The appropriate individual will assess the reasonableness of the burden hours.
The manufacturer gave burden hours similar to our estimates.
MAG7 Venture Group
855- 255-6247

Tox $2,200
Analytical $945 for 2 products
Bioremediation
WMI International Inc.
713-956-4001
Confirmed that an effectiveness test costs is in line with EPA estimates. No response on burden hours.
$15,000 for efficacy
Teamwork Distributing
780-968-5367
This was during BP so EPA considered this an anomaly.
$28,000 for efficacy.
30 hours of burden.
       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
 
       Under 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 and technical 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.  After review, if the product data are accepted by EPA, they are entered electronically on the Schedule.  The data are then made available to FOSCs through five media:  (1) hard copy; (2) EPA Internet Web page; (3) electronic mail; (4) National Oceanic and Atmospheric Administration (NOAA) Response LINK; and (5) National Response Team (NRT) Selection Guide.  The six options ensure that FOSCs 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.  FOSCs 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 99 manufacturers and 117 products (27 bioremediation agents, 18 dispersants, 16 miscellaneous oil spill control agents, and 54 surface washing agents, 2 surface collecting agents) listed on the June 2016 Schedule.1 EPA estimates that manufacturers will apply to list 11 products on the Schedule each year, including 2 bioremediation agents, 3 dispersants, 2 miscellaneous oil spill control agents, 1 surface collecting agent, and 3 surface washing agents.  Over a three-year period, EPA anticipates that manufacturers will apply to list a total of 6 bioremediation agents, 9 dispersants, 6 miscellaneous oil spill control agents, 3 surface collecting agents, and 9 surface washing agents on the Schedule.  
 
       EPA expects that approximately one-third of the 11 annual product submissions (3-4 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, FOSCs 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 Oil Spill Control 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 2015 (released on December 9, 2015) data, include wages and salaries; benefit costs, including paid leave, supplemental pay, insurance, retirement and savings, and legally required benefits; and overhead costs.4  The September 2015 wage rates reflect private industry averages, which were estimated by the Bureau of Labor Statistics based on a sample survey of 36,900 occupations within 8,600 establishments in the private sector. EPA applied an overhead rate of 17 percent to hourly Employer Costs for Employee Compensation (ECEC) for management, technical, and clerical employees.  Following are the estimated hourly wage rates used in this analysis: 
 
 Management -- 	$79.28 ($67.76 + 17%)
 Technical -- 	$60.70 ($51.88 + 17%)
 Clerical -- 		$30.79 ($26.32 + 17%)
 									
 	(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 $2,625 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 $15,750.	
EPA estimates that the toxicity test required for dispersants, miscellaneous oil spill control agents, surface collecting agents, and surface washing agents costs $3,675 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.



                        Information Collection Activity

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

                                  Management
                                   Technical
                                   Clerical





                                  ($79.28/hr)
                                  ($60.70/hr)
                                  ($30.79/hr)





                                      Low
                                     High
                                      Low
                                     High
                                      Low
                                     High
                                      Low
                                     High


                                      Low

High
Average
Manufacturers of Bioremediation Agents
 
 
 
 
 
 
 
 
 
 
 
 

Prepare and Submit Response Form Items
                                      1.4
                                      3.6
                                       7
                                      18
                                       5
                                      10
                                     13.4
                                     31.6
                                                                             $0
                                                                              0
                                                                       $689.86 
 $1,685.94 
 $1,187.90 
Conduct Effectiveness Testing
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                                                             $0
                                                                        $15,750
                                                                    $15,750.00 
 $15,750.00 
 $15,750.00 
Subtotal - Manufacturers of Bioremediation Agents
                                      1.4
                                      3.6
                                       7
                                      18
                                       5
                                      10
                                     13.4
                                     31.6
                                                                             $0
                                                                        $15,750
                                                                    $16,439.86 
 $17,435.94 
 $16,937.90 
Manufacturers of Dispersants
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
 




Prepare and Submit Response Form Items
                                       2
                                       5
                                      10
                                      25
                                       5
                                      10
                                      17
                                      40
                                                                             $0
                                                                              0
                                                                       $919.53 
 $2,221.83 
 $1,570.68 
Conduct Effectiveness Testing
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                                                             $0
                                                                         $2,625
                                                                     $2,625.00 
 $2,625.00 
 $2,625.00 
Conduct Toxicity Testing
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                                                             $0
                                                                         $3,675
                                                                     $3,675.00 
 $3,675.00 
 $3,675.00 
Subtotal - Manufacturers of Dispersants
                                       2
                                       5
                                      10
                                      25
                                       5
                                      10
                                      17
                                      40
                                                                             $0
                                                                         $6,300
                                                                     $7,219.53 
 $8,521.83 
 $7,870.68 
Manufacturers of Miscellaneous Oil Spill Control Agents
                                       
                                       
                                       
                                       
                                       
                                       
                                       
 
 



Prepare and Submit Response Form Items
                                       2
                                       5
                                      10
                                      25
                                       5
                                      10
                                      17
                                      40
                                                                             $0
                                                                              0
                                                                       $919.53 
 $2,221.83 
 $1,570.68 
Conduct Toxicity Testing
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                                                             $0
                                                                         $3,675
                                                                     $3,675.00 
 $3,675.00 
 $3,675.00 
Subtotal - Manufacturers of MOSCAs
                                       2
                                       5
                                      10
                                      25
                                       5
                                      10
                                      17
                                      40
                                                                             $0
                                                                         $3,675
                                                                     $4,594.53 
 $5,896.83 
 $5,245.68 
Manufacturers of Surface Collecting Agents
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
 




Prepare and Submit Response Form Items
                                      1.7
                                      4.2
                                      8.5
                                      21
                                       5
                                      10
                                     15.2
                                     35.2
                                                                             $0
                                                                              0
                                                                       $804.69 
 $1,915.61 
 $1,360.15 
Conduct Toxicity Testing
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                                                             $0
                                                                         $3,675
                                                                     $3,675.00 
 $3,675.00 
 $3,675.00 
Subtotal - Manufacturers of Surface Collecting Agents
                                      1.7
                                      4.2
                                      8.5
                                      21
                                       5
                                      10
                                     15.2
                                     35.2
                                                                             $0
                                                                         $3,675
                                                                     $4,479.69 
 $5,590.61 
 $5,035.15 
Manufacturers of Surface Washing Agents
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
 




Prepare and Submit Response Form Items
                                      1.6
                                       4
                                       8
                                      20
                                       5
                                      10
                                     14.6
                                      34
                                                                             $0
                                                                              0
                                                                       $766.42 
 $1,839.05 
 $1,302.73 
Conduct Toxicity Testing
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                                                             $0
                                                                         $3,675
                                                                     $3,675.00 
 $3,675.00 
 $3,675.00 
Subtotal - Manufacturers of Surface Washing Agents
                                      1.6
                                       4
                                       8
                                      20
                                       5
                                      10
                                     14.6
                                      34
                                                                             $0
                                                                         $3,675
                                                                     $4,441.42 
 $5,514.05 
 $4,977.73 
[a]The unit cost for sorbent certification is estimated to be $156.88 per sorbent. The average annual cost is estimated to be $1,568 ($156.88 x 10 sorbent certifications per year.
[b]Exhibit 1 provides a detailed list of burden hours for each response form item included in the analysis.
                                                                                            EXHIBIT 3 
                                           Respondent Unit Costs for Activities Required Under NCP Subpart J[a]
 
 
 	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.
 
 	Based on the 2016 general pay schedule for the federal government, EPA estimates an average hourly wage rate of $70.88 for management/technical staff person to maintain the Product Schedule.  To derive the hourly rate Step 1 annual compensation for a GS-13 ($92,145) managerial/technical staff person 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 or unit burden is therefore $1,418.
 
                                   EXHIBIT 4
        Estimated Unit Burden and Cost to EPA to Implement NCP Subpart J
                        INFORMATION COLLECTION ACTIVITY
                           Burden Hours ($70.88)[1,2]
                                Cost Per Product
 Process submitted data
                                       7
                                                                           $496
 Review data for approval 
                                       6
                                                                           $425
 Notify respondent of decision
                                       4
                                                                           $284
 Store data
                                       3
                                                                           $213
 UNIT BURDEN
                                       20
                                                                         $1,418
 [1] Based on the 2016 general pay schedule for the federal government, EPA estimates an average hourly wage and overhead factor rate of $70.88 for management/technical staff to maintain the Product Schedule.
 [2]EPA assumes burden hours for each information collection activity will be the same for each oil spill mitigation agent type.
 
 	The annual costs to EPA under Subpart J are presented in Exhibit 5.  As mentioned previously, it is estimated that, under Subpart J, applications are expected to be received for 2 bioremediation agents, 3 dispersants, 2 miscellaneous oil spill control agents, 1 surface collecting agent, and 3 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 Product
                Number of Products (including Sorbents) Per Year
                           Total Annual Burden Hours
                               Total Annual Cost
  Bioremediation Agents
                                       20
                                                                         $1,418
                                       2
                                       40
                                                                        $2,836 
  Dispersants
                                       20
                                                                         $1,418
                                       3
                                      60 
                                                                      $4,254   
  Miscellaneous Oil Spill Control Agents
                                       20
                                                                         $1,418
                                       2
                                       40
                                                                        $2,836 
  Surface Collecting Agents
                                       20
                                                                         $1,418
                                       1
                                      20  
                                                                        $1,418 
  Surface Washing Agents
                                       20
                                                                         $1,418
                                       3
                                      60 
                                                                      $4,254   
  Sorbent Reviews and         Certification
                                       3
                                                                               
                                                                        $212.64
                                       10
                                       30
                                                                         $2,126
                                       TOTAL
                                       21
                                      250 
                                                                        $17,724
  	6(d)   	Estimating the Respondent Universe and Total Burden and Costs
 												
       (i)	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 2 bioremediation agents, 3 dispersants, 2 miscellaneous oil spill control agents, 1 surface collecting agent, and 3 surface washing agents each year of the renewal ICR period.  Sorbent review and certification of 10 products a year is also part of the EPA burden. Consequently EPA estimates that manufacturers will apply to list an average of 11 total chemical countermeasure products and 10 sorbent for review and certification will occur each year of the ICR period. Therefore the total respondents will be 21.
 
       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 285 hours for all 11 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 315 hours.  
 
      As shown in Exhibit 6, the total annual cost under Subpart J will be $87.947.55 for all 11 respondents listing an oil spill mitigation product on the Schedule.  However, this value also includes the expectation that 10 sorbent manufacturers per year will be have to certify the composition of their product, at an annual cost of $1,568 (10 products x $156.88 per product). Therefore, the total annual cost to all manufactures under Subpart J will be $89.590.69.
      
       (ii)	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 60 hours (20 hours/application x 3 applications).  The total annual burden to EPA under Subpart J will be approximately 220 hours (20 hours/application x 11 applications).  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 2 bioremediation agents, 3 dispersants, 2 miscellaneous oil spill control agents, 1 surface collecting agent, and 3 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 $1,418 per application x 3 dispersants per year).   The total annual cost to EPA under Subpart J will be $4,254 for dispersants.  Sorbent review and certification of 10 products a year at 30 hours a year are also part of the EPA burden.  The total cost for 21 hours of burden per year to EPA is $17,724.          
                                   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
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                  ($79.28/hr)
                                  ($60.70/hr)
                                  ($30.79/hr)
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
Manufacturers of Bioremediation Agents













Prepare and Submit Response Form Items
                                      2.5
                                     12.5
                                      7.5
                                     22.5
                                                                      $1,187.90
                                                                             $0
                                                                             $0
                                                                      $1,187.90
                                       2
                                     45.0
                                                                      $2,375.80
                                                                             $0
                                                                      $2,375.80
Conduct Effectiveness Testing
                                       0
                                       0
                                       0
                                       0
                                                                             $0
                                                                             $0
                                                                        $15,750
                                                                     $15,750.00
                                       2
                                      0.0
                                                                          $0.00
                                                                        $31,500
                                                                     $31,500.00
Subtotal - Manufacturers of Bioremediation Agents
                                      2.5
                                     12.5
                                      7.5
                                     22.5
                                                                      $1,187.90
                                                                             $0
                                                                        $15,750
                                                                     $16,937.90
                                       2
                                     45.0
                                                                      $2,375.80
                                                                        $31,500
                                                                     $33,875.80
Manufacturers of Dispersants
 
 
 
 
 

 
 
 
 
 
 
 
Prepare and Submit Response Form Items
                                      3.5
                                     17.5
                                      7.5
                                     28.5
                                                                      $1,570.68
                                                                             $0
                                                                             $0
                                                                      $1,570.68
                                       3
                                     85.50
                                                                      $4,712.03
                                                                             $0
                                                                      $4,712.03
Conduct Effectiveness Testing
                                       0
                                       0
                                       0
                                       0
                                                                             $0
                                                                             $0
                                                                         $2,625
                                                                      $2,625.00
                                       3
                                     0.00
                                                                          $0.00
                                                                         $7,875
                                                                      $7,875.00
Conduct Toxicity Testing
                                       0
                                       0
                                       0
                                       0
                                                                             $0
                                                                             $0
                                                                         $3,675
                                                                      $3,675.00
                                       3
                                     0.00
                                                                          $0.00
                                                                        $11,025
                                                                     $11,025.00
Subtotal - Manufacturers of Dispersants
                                      3.5
                                     17.5
                                      7.5
                                     28.5
                                                                      $1,570.68
                                                                             $0
                                                                         $6,300
                                                                      $7,870.68
                                       3
                                     85.50
                                                                      $4,712.03
                                                                        $18,900
                                                                     $23,612.03
Manufacturers of Miscellaneous Oil Spill Control Agents
 
 
 
 

 
 
 
 
 
 
 
Prepare and Submit Response Form Items
                                      3.5
                                     17.5
                                      7.5
                                     28.5
                                                                      $1,570.68
                                                                             $0
                                                                             $0
                                                                      $1,570.68
                                       2
                                     57.00
                                                                      $3,141.36
                                                                             $0
                                                                      $3,141.36
Conduct Toxicity Testing
                                       0
                                       0
                                       0
                                       0
                                                                             $0
                                                                             $0
                                                                         $3,675
                                                                      $3,675.00
                                       2
                                     0.00
                                                                          $0.00
                                                                         $7,350
                                                                      $7,350.00
Subtotal - Manufacturers of MOSCAs
                                      3.5
                                     17.5
                                      7.5
                                     28.5
                                                                      $1,570.68
                                                                             $0
                                                                         $3,675
                                                                      $5,245.68
                                       2
                                     57.00
                                                                      $3,141.36
                                                                         $7,350
                                                                     $10,491.36
Manufacturers of Surface Collecting Agents
 
 
 
 
 

 
 
 
 
 
 
 
Prepare and Submit Response Form Items
                                     2.95
                                     14.75
                                      7.5
                                     25.2
                                                                      $1,360.15
                                                                             $0
                                                                             $0
                                                                      $1,360.15
                                       1
                                     25.2
                                                                         $1,360
                                                                             $0
                                                                         $1,360
Conduct Toxicity Testing
                                       0
                                       0
                                       0
                                       0
                                                                             $0
                                                                             $0
                                                                         $3,675
                                                                      $3,675.00
                                       1
                                       0
                                                                             $0
                                                                         $3,675
                                                                         $3,675
Subtotal - Manufacturers of Surface Collecting Agents
                                     2.95
                                     14.75
                                      7.5
                                     25.2
                                                                      $1,360.15
                                                                             $0
                                                                         $3,675
                                                                      $5,035.15
                                       1
                                     25.2
                                                                         $1,360
                                                                         $3,675
                                                                         $5,035
Manufacturers of Surface Washing Agents
 
 
 
 
 

 
 
 
 
 
 
 
Prepare and Submit Response Form Items
                                      2.8
                                      14
                                      7.5
                                     24.3
                                                                      $1,302.73
                                                                             $0
                                                                             $0
                                                                      $1,302.73
                                       3
                                     72.9
                                                                      $3,908.20
                                                                             $0
                                                                      $3,908.20
Conduct Toxicity Testing
                                       0
                                       0
                                       0
                                       0
                                                                             $0
                                                                             $0
                                                                         $3,675
                                                                      $3,675.00
                                       3
                                       0
                                                                          $0.00
                                                                        $11,025
                                                                     $11,025.00
Subtotal - Manufacturers of Surface Washing Agents
                                      2.8
                                      14
                                      7.5
                                     24.3
                                                                      $1,302.73
                                                                             $0
                                                                         $3,675
                                                                      $4,977.73
                                       3
                                     72.9
                                                                      $3,908.20
                                                                        $11,025
                                                                     $14,933.20
Subtotal - Oil Spill Mitigation Agents
                                     15.25
                                     76.25
                                     37.5
                                      129
                                                                      $6,992.14
                                                                             $0
                                                                        $33,075
                                                                        $40,067
                                      11
                                     285.6
                                                                     $15,497.55
                                                                        $72,450
                                                                     $87,947.55
Sorbent Review and Certification
                                     0.25
                                       2
                                     0.75
                                       3
                                                                        $164.31
                                                                             $0
                                                                             $0
                                                                        $164.31
                                      10
                                      30
                                                                      $1,643.15
                                                                             $0
                                                                      $1,643.15
                                     Total
                                     15.5
                                     78.25
                                     38.25
                                      132
                                                                      $7,156.46
                                                                               

                                                                        $40,231
                                      21
                                     315.6
                                                                     $17,140.69
                                                                        $72,450
                                                                     $89,590.69
 
 
       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 945 hours (315 + 315 + 315).  Based on Exhibit 6, the annual O&M costs for respondents are [($15,750)(2 bioremediation agents/year) + ($2,625 + $3,675)(3 dispersants/year) + ($3,675)(2 miscellaneous oil spill control agents/year) + ($3,675)(1 surface collecting agent/year) + ($3,675)(3 surface washing agents/year)].  Therefore the total O&M costs for respondents for the three-year renewal ICR period are $217,350.
       
       The annual respondent labor cost for oil spill mitigating agents and substances excluding sorbents is $17,140.69, which is based on Exhibit 3 and the following equation:
 
 ([{1,187.90}/2] x 2/year) + ([{$1,570.67}/2] x 3/year) + ([{$1,570.67}/2] x 2/year) + ([{1,360.15}/2] x 1/year) + ([{$1,302.73}/2] x 3/year) = $6,992.12
 
       The annual respondent labor cost of sorbent is $1,568 ($156.88 x 10 respondents).  Therefore, the total annual labor cost for respondents is $ 16,293, and the total labor costs for respondents for the three-year ICR period will be $51,423 ($17,141 x 3 years).  Accordingly, the bottom line cost for respondents for the three-year renewal ICR period is $268,770 ($217,350 + $ 51,423) as shown in Exhibit 7.  There is 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
                                  Total Costs

Year 1
                                      315
                                                                       $17,141 
                                                                       $72,450 
                                                                        $89.590
                                      250
$17,724
$17,724

Year 2
                                      315
                                                                        $17,141
                                                                       $72,450 
                                                                        $89.590
                                      250
$17,724
$17,724

Year 3
                                      315
                                                                        $17,141
                                                                       $72,450 
                                                                        $89.590
                                      250
$17,724
$17,724

Total[a]
                                      945
                                                                        $51,423
                                                                               
                                                                       $217,350
                                                                       $268,770
                                      750
$53,172
$53,172

      As shown in Exhibit 7, the Subpart J annual burden for EPA is 250 hours.  Therefore, the total burden hours for EPA during the three-year renewal ICR period are 750.  The total annual labor costs for EPA are $17,724, and the total labor costs for EPA over the three-year renewal ICR period are $53,172 ($17,724 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 modifications made to figures in this ICR supporting statement involve updates to the wage rates associated with respondent and EPA personnel activities.  The dispersant verification test cost ($1,200) per dispersant was included in the 2013 ICR but has been removed from the 2016 ICR.  Verification testing is not conducted by EPA labs. Labor costs are not reported in the OMB inventory.
                                   EXHIBIT 8
               Estimated Annualized Burden and Costs Comparison
 
                            Annualized Burden Hours
                           Annualized O&M Costs
                                   (rounded)
Current OMB Inventory Burden
                                                                            315
                                                                       $72,450 
Change in Burden
	Adjustment
	Program Change
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
ICR Renewal Burden
                                                                            315
                                                                        $72,450
       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 required recordkeeping burden associated with listing a product on the NCP Product Schedule.  
 
      The annual public reporting and recordkeeping burden for this collection of information is estimated to average 15 hours per response. 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.
