                                  APPENDIX A
                                       
Estimating Labor Burden

       This section presents the three-year total burden as well as the annual burden for respondents for information collection activities under Subpart J. Respondents include manufacturers EPA expects to submit products for listing on the Schedule over the three-year period addressed by this renewal ICR.

       EPA estimates that manufacturers applying to list a new product on the Schedule would require approximately five to 47 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 required for a given product. Managerial labor burden for preparing and submitting the required technical product data is estimated to be approximately 20 percent of the total technical hours per product type. The current (expiring) ICR estimates clerical labor burden for preparing and submitting the required technical product data to be five to 10 hours per product. During the consultation process, EPA received feedback that manufacturers do not use clerical labor to perform the activities in this ICR. Therefore, EPA redistributed clerical hours to managerial and technical burden hours. In addition, EPA is increasing the respondent labor hours for complying with data requirements for each product category. The 20 percent adjustment is in response to manufacturer feedback that the current ICR respondent burden hours underestimate actual time spent to address the data items. Table A-1 summarizes the estimated burden to respondents for each type of oil spill mitigation agent.
 
       Sorbents are not listed on the Schedule. However, when deciding whether to use a sorbent, FOSCs may request that sorbent manufacturers submit a written certification that their product meets the definition in Subpart J. The estimated unit burden for sorbent certification is three hours (0.625 managerial, 2.375 technical). Because sorbents are not listed on the Schedule, the small burden of sorbent certification is not shown in Table A-1.
 

                                   Table A-1
           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
                                 5.28 to 11.52
                                  5.52 to 12.0
                                  5.52 to 12.0
                                 5.16 to 11.04
                                 5.04 to 10.80
 Technical Support
                                 13.90 to 32.60
                                 15.10 to 35.0
                                 15.10 to 35.0
                                 13.30 to 30.2
                                 12.70 to 29.0
 Total Unit Burden
                                 19.18 to 44.12
                                 20.62 to 47.0
                                 20.62 to 47.0
                                 18.46 to 41.24
                                 17.74 to 39.80

Estimating Labor Costs
 
 	Table A-2 contains the wage rates for private industry derived from the September 2019 U.S. Department of Labor's Employer Costs for Employee Compensation. The September 2019 wage rates include wages and salaries; benefit costs, including paid leave, supplemental pay, insurance, retirement and savings, and legally required benefits; and overhead costs. The wage rates reflect private industry averages, which were estimated by the Bureau of Labor Statistics (BLS) based on a sample survey of 26,300 occupations within 6,400 establishments in the private sector. EPA applied an additional overhead rate of 17 percent to hourly Employer Costs for Employee Compensation (ECEC) for management and technical employees. The following items are the estimated loaded hourly wage rates used in this analysis: 
 		
                                   Table A-2
              Private Industry Hourly Wage Rates by Labor Category
                                 Labor Category
                                  Hourly Wage
                               Loaded Hourly Wage
 Management
                                                                         $68.65
                                                                         $80.32
 Technical
                                                                         $59.45
                                                                         $69.56
 				
 Operation and Maintenance (O&M) Costs for Product Manufacturers 
 	
 	Laboratory costs are incurred when a respondent tests its product for effectiveness and/or toxicity according to the methods outlined in Appendix C of the NCP regulations. EPA has characterized these costs as operation 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 included as O&M. Respondents are not expected to incur capital/start-up costs for this renewal ICR.
 
 	In order to provide the necessary test result information to EPA, respondents typically have their product tested at a laboratory. Acceptable laboratories must have previous experience conducting Subpart J testing under 40 CFR 300.915(a)(12).
    
The dispersant effectiveness test will cost an estimated $4,500 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 $18,000.
EPA estimates that the toxicity test required for dispersants, miscellaneous oil spill control agents, surface collecting agents, and surface washing agents costs an estimated $4,000 per product.
 
 Total Unit Costs per Average Respondent Summary
 	
       The unit costs for each respondent to comply with the information collection requirements are presented in Table A-3. The total unit cost for the low-, high- and mid-range estimates is the sum of the wage rate for each category of labor multiplied by the low-, high- and mid-range estimated number of hours and the non-labor O&M laboratory cost. The total unit costs are presented as ranges, reflecting the low-, high- and mid-range burden hour estimates.
 
 
                                   Table A-3
     Respondent Unit Costs for Activities Required Under NCP Subpart J[a]
                        Information Collection Activity
                                 Burden Hours
                              Total Burden Hours
                                   O&M 
                                  (Lab Cost)
                                Total Unit Cost
                                   (rounded)

                                  Management 
                                  Technical 




                                  ($80.32/hr)
                                  ($69.56/hr)




                                      Low
                                     High
                                      Mid
                                      Low
                                     High
                                      Mid
                                      Low
                                     High
                                      Mid

                                      Low
                                     High
                                   Midpoint
Manufacturers of Bioremediation Agents













Prepare and Submit Response Form Items
                                                                           5.28
                                                                          11.52
                                                                            8.4
                                                                          13.90
                                                                          32.60
                                                                          23.25
                                                                          19.18
                                                                          44.12
                                                                           31.7
                                                                             $0
                                                                         $1,391
                                                                         $3,193
                                                                         $2,292
Conduct Effectiveness Testing
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                        $18,000
                                                                        $18,000
                                                                        $18,000
                                                                        $18,000
Subtotal - Manufacturers of Bioremediation Agents
                                                                           5.28
                                                                          11.52
                                                                            8.4
                                                                           13.9
                                                                           32.6
                                                                          23.25
                                                                          19.18
                                                                           44.1
                                                                           31.7
                                                                        $18,000
                                                                        $19,391
                                                                        $21,193
                                                                        $20,292
Manufacturers of Dispersants













Prepare and Submit Response Form Items
                                                                           5.52
                                                                          12.00
                                                                           8.76
                                                                          15.10
                                                                          35.00
                                                                          25.05
                                                                          20.62
                                                                          47.00
                                                                           33.8
                                                                             $0
                                                                         $1,494
                                                                         $3,398
                                                                         $2,446
Conduct Effectiveness Testing
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                         $4,500
                                                                         $4,500
                                                                         $4,500
                                                                         $4,500
Conduct Toxicity Testing
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                         $4,000
                                                                         $4,000
                                                                         $4,000
                                                                         $4,000
Subtotal - Manufacturers of Dispersants
                                                                           5.52
                                                                             12
                                                                           8.76
                                                                           15.1
                                                                             35
                                                                          25.05
                                                                          20.62
                                                                             47
                                                                           33.8
                                                                         $8,500
                                                                         $9,994
                                                                        $11,898
                                                                        $10,946
Manufacturers of Miscellaneous Agents













Prepare and Submit Response Form Items
                                                                           5.52
                                                                          12.00
                                                                           8.76
                                                                          15.10
                                                                          35.00
                                                                          25.05
                                                                          20.62
                                                                          47.00
                                                                           33.8
                                                                             $0
                                                                         $1,494
                                                                         $3,398
                                                                         $2,446
Conduct Toxicity Testing
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                         $4,000
                                                                         $4,000
                                                                         $4,000
                                                                         $4,000
Subtotal - Manufacturers of Miscellaneous Agents
                                                                           5.52
                                                                             12
                                                                           8.76
                                                                           15.1
                                                                             35
                                                                          25.05
                                                                          20.62
                                                                             47
                                                                           33.8
                                                                         $4,000
                                                                         $5,494
                                                                         $7,398
                                                                         $6,446
Manufacturers of Surface Collecting Agents













Prepare and Submit Response Form Items
                                                                           5.16
                                                                          11.04
                                                                            8.1
                                                                          13.30
                                                                          30.20
                                                                          21.75
                                                                          18.46
                                                                          41.24
                                                                           29.9
                                                                             $0
                                                                         $1,340
                                                                         $2,987
                                                                         $2,163
Conduct Toxicity Testing
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                         $4,000
                                                                         $4,000
                                                                         $4,000
                                                                         $4,000
Subtotal - Manufacturers of Surface Collecting Agents
                                                                           5.16
                                                                          11.04
                                                                            8.1
                                                                           13.3
                                                                           30.2
                                                                          21.75
                                                                          18.46
                                                                           41.2
                                                                           29.9
                                                                         $4,000
                                                                         $5,340
                                                                         $6,987
                                                                         $6,163
Manufacturers of Surface Washing Agents













Prepare and Submit Response Form Items
                                                                           5.04
                                                                          10.80
                                                                           7.92
                                                                          12.70
                                                                          29.00
                                                                          20.85
                                                                          17.74
                                                                          39.80
                                                                          28.77
                                                                             $0
                                                                         $1,288
                                                                         $2,885
                                                                         $2,086
Conduct Toxicity Testing
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                         $4,000
                                                                         $4,000
                                                                         $4,000
                                                                         $4,000
Subtotal - Manufacturers of Surface Washing Agents
                                                                           5.04
                                                                           10.8
                                                                           7.92
                                                                           12.7
                                                                             29
                                                                          20.85
                                                                          17.74
                                                                           39.8
                                                                           28.8
                                                                      $4,000.00
                                                                         $5,288
                                                                         $6,885
                                                                         $6,086
[a]The unit cost for sorbent certification is estimated to be $215 per sorbent. The midpoint annual cost is estimated to be $1,723 ($215 x 8 sorbent certifications per year).
 
 Estimated Total Annual Burden and Costs for All Respondents
 
       The average annual burden is calculated 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 (see Table A-4).
 
       Based on the average annual burdens, the total average annual burden under Subpart J will be approximately 286 hours for all nine respondents. However, EPA also expects that eight sorbent manufacturers per year will have to certify the composition of their product at an annual burden of 24 hours. Therefore, the total annual burden to manufacturers under Subpart J will be approximately 310 hours.  
 
      In total, EPA estimated the annual cost under Subpart J will be $93,704 for all nine respondents listing an oil spill mitigation product on the Schedule. However, this value also includes the expectation that eight sorbent manufacturers per year will have to certify the composition of their product, at an annual cost of $1,723 (8 products x $215 per product). Therefore, the total annual cost to all manufactures under Subpart J will be $95,427.
      
 Estimated Total Annual Burden and Cost to EPA
 
       The annual agency burden is determined by multiplying the unit agency burden by the expected frequency of applications. For example, EPA estimates that the average request to list a dispersant would require 20 hours of EPA staff time under Subpart J. EPA also estimated that it will process two applications for dispersants each year, as mentioned above. Therefore, the annual burden to EPA for dispersants under Subpart J would be approximately 40 hours (20 hours/application x two applications). The total annual burden to EPA under Subpart J will be approximately 180 hours (20 hours/application x nine applications). EPA estimates the number of future responses based on the average number of applications for listing on the Schedule over the last three years. As mentioned previously, EPA estimates that it will receive listing applications for two bioremediation agents, two dispersants, two miscellaneous oil spill control agents, one surface collecting agent, and two surface washing agents each year of the renewal ICR period.
 
       EPA calculated the annual cost to the Agency by multiplying the unit cost by the frequency of response. For example, EPA estimates that the annual cost for listing dispersants will be $1,579 per application x two dispersants per year for a total annual cost of $3,159 for dispersants. Sorbent review and certification of eight products a year at 24 hours a year are also part of the EPA burden. The total cost for 204 hours of burden per year to EPA is $16,110.
                                   Table A-4
      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
                                 O&M Costs
                              Total Average Costs






                                  Management 
                                  Technical 






















                                  80.32 $/hr
                                  69.56 $/hr









Manufacturers of Bioremediation Agents
Prepare and Submit Response Form Items
                                                                            8.4
                                                                          23.25
                                                                          31.65
                                                                         $2,292
                                                                             $0
                                                                         $2,292
                                                                              2
                                                                          63.30
                                                                         $4,584
                                                                             $0
                                                                         $4,584
Conduct Effectiveness Testing
                                                                              0
                                                                              0
                                                                              0
                                                                             $0
                                                                        $18,000
                                                                        $18,000
                                                                              2
                                                                           0.00
                                                                             $0
                                                                        $36,000
                                                                        $36,000
Subtotal - Manufacturers of Bioremediation Agents
                                                                            8.4
                                                                          23.25
                                                                          31.65
                                                                         $2,292
                                                                        $18,000
                                                                        $20,292
                                                                              2
                                                                          63.30
                                                                         $4,584
                                                                        $36,000
                                                                        $40,584
Manufacturers of Dispersants
Prepare and Submit Response Form Items
                                                                           8.76
                                                                          25.05
                                                                          33.81
                                                                         $2,446
                                                                             $0
                                                                         $2,446
                                                                              2
                                                                          67.62
                                                                         $4,892
                                                                             $0
                                                                         $4,892
Conduct Effectiveness Testing
                                                                              0
                                                                              0
                                                                              0
                                                                             $0
                                                                         $4,500
                                                                         $4,500
                                                                              2
                                                                           0.00
                                                                             $0
                                                                         $9,000
                                                                         $9,000
Conduct Toxicity Testing
                                                                              0
                                                                              0
                                                                              0
                                                                             $0
                                                                         $4,000
                                                                         $4,000
                                                                              2
                                                                           0.00
                                                                             $0
                                                                         $8,000
                                                                         $8,000
Subtotal - Manufacturers of Dispersants
                                                                           8.76
                                                                          25.05
                                                                          33.81
                                                                         $2,446
                                                                         $8,500
                                                                        $10,946
                                                                              2
                                                                          67.62
                                                                         $4,892
                                                                        $17,000
                                                                        $21,892
Manufacturers of Miscellaneous Agents
Prepare and Submit Response Form Items
                                                                           8.76
                                                                          25.05
                                                                          33.81
                                                                         $2,446
                                                                             $0
                                                                         $2,446
                                                                              2
                                                                          67.62
                                                                         $4,892
                                                                             $0
                                                                         $4,892
Conduct Toxicity Testing
                                                                              0
                                                                              0
                                                                              0
                                                                             $0
                                                                         $4,000
                                                                         $4,000
                                                                              2
                                                                           0.00
                                                                             $0
                                                                         $8,000
                                                                         $8,000
Subtotal - Manufacturers of Miscellaneous Agents
                                                                           8.76
                                                                          25.05
                                                                          33.81
                                                                         $2,446
                                                                         $4,000
                                                                         $6,446
                                                                              2
                                                                          67.62
                                                                         $4,892
                                                                         $8,000
                                                                        $12,892
Manufacturers of Surface Collecting Agents
Prepare and Submit Response Form Items
                                                                            8.1
                                                                          21.75
                                                                          29.85
                                                                         $2,163
                                                                             $0
                                                                         $2,163
                                                                              1
                                                                          29.85
                                                                         $2,163
                                                                             $0
                                                                         $2,163
Conduct Toxicity Testing
                                                                              0
                                                                              0
                                                                              0
                                                                             $0
                                                                         $4,000
                                                                         $4,000
                                                                              1
                                                                              0
                                                                             $0
                                                                         $4,000
                                                                         $4,000
Subtotal - Manufacturers of Surface Collecting Agents
                                                                            8.1
                                                                          21.75
                                                                          29.85
                                                                         $2,163
                                                                         $4,000
                                                                         $6,163
                                                                              1
                                                                          29.85
                                                                         $2,163
                                                                         $4,000
                                                                         $6,163
Manufacturers of Surface Washing Agents
Prepare and Submit Response Form Items
                                                                           7.92
                                                                          20.85
                                                                          28.77
                                                                         $2,086
                                                                             $0
                                                                         $2,086
                                                                              2
                                                                          57.54
                                                                         $4,173
                                                                             $0
                                                                         $4,173
Conduct Toxicity Testing
                                                                              0
                                                                              0
                                                                              0
                                                                             $0
                                                                         $4,000
                                                                         $4,000
                                                                              2
                                                                              0
                                                                             $0
                                                                         $8,000
                                                                         $8,000
Subtotal - Manufacturers of Surface Washing Agents
                                                                           7.92
                                                                          20.85
                                                                          28.77
                                                                         $2,086
                                                                         $4,000
                                                                         $6,086
                                                                              2
                                                                          57.54
                                                                         $4,173
                                                                         $8,000
                                                                        $12,173
Subtotal - Oil Spill Mitigation Agents
                                                                          41.94
                                                                         115.95
                                                                         157.89
                                                                        $11,434
                                                                        $38,500
                                                                        $49,934
                                                                              9
                                                                         285.93
                                                                        $20,704
                                                                        $73,000
                                                                        $93,704
Sorbent Certification
                                                                           1.25
                                                                           4.75
                                                                              3
                                                                           $215
                                                                             $0
                                                                           $215
                                                                              8
                                                                             24
                                                                         $1,723
                                                                             $0
                                                                         $1,723
                                     Total
                                                                          43.19
                                                                          120.7
                                                                         160.89
                                                                        $11,649
                                                                               
                                                                        $50,149
                                                                             17
                                                                         309.93
                                                                        $22,427
                                                                        $73,000
                                                                        $95,427
 
