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 in response to oil spills in U.S. waters or adjoining
shorelines is governed by Subpart J of the NCP regulation (40 CFR
300.900). Subpart J requirements include criteria for listing oil
spill mitigating agents on the NCP Product Schedule, hereafter
referred to as the Schedule. EPA’s regulation, which is codified at
40 CFR 300.00, requires that EPA prepare a schedule of
“dispersants, other chemicals, and other spill mitigating devices
and substances, if any, that may be used in carrying out the NCP.”
The Schedule is required by section 311(d)(2)(G) of the Clean Water
Act (CWA), as amended by the Oil Pollution Act of 1990. The
Schedule is used by Federal On-Scene Coordinators (FOSCs), Regional
Response Teams (RRTs), and Area Planners to identify spill
mitigating agents in preparation for 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 Office of Emergency Management, Office of
Land and Emergency Management. 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
Schedule are divided into five basic categories: dispersants,
surface washing agents, surface collecting agents, bioremediation
agents, and miscellaneous oil spill control agents. As of June
2016, 117 products are listed on the Schedule. 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. 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.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
1664ss11.docx
Product Listing - Private Sector