[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Notices]
[Pages 19385-19387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8522]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPA-2007-0042, FRL-9137-4]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; National Oil and Hazardous Substances Pollution 
Contingency Plans (Renewal); EPA ICR No. 1664.07, OMB Control No. 2050-
0141

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this notice announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on 8/31/2010. Before submitting the ICR to OMB for 
review and approval, EPA is soliciting comments on specific aspects of 
the proposed information collection as described below.

DATES: Comments must be submitted on or before June 14, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OPA-2007-0042, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-9744.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Superfund Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room 
3334, 1301 Pennsylvania Ave., NW., Washington, DC 20004. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OPA-
2007-0042. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/dockets/.

FOR FURTHER INFORMATION CONTACT: William ``Nick'' Nichols, Office of

[[Page 19386]]

Emergency Management, (5104A), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
564-1970; fax number: 202-564-2625; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OPA-2007-0042, which is available for online viewing at 
www.regulations.gov, or in person viewing at the Docket in the EPA 
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., 
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 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. Use 
www.regulations.gov to obtain a copy of the draft collection of 
information, submit or view public comments, access the index listing 
of the contents of the docket, and to access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket ID number identified in this 
document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action 
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 325998).
    Title: National Oil and Hazardous Substances Pollution Contingency 
Plans (Renewal)
    ICR numbers: EPA ICR No. 1664.07 OMB Control No. 2050-0141.
    ICR status: This ICR is currently scheduled to expire on 8/31/2010. 
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's regulations 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract:
    Section 311(d)(2)(G) of the Clean Water Act (CWA), requires a 
Product Schedule (the Schedule), identifying ``dispersants, other 
chemicals, and other spill mitigating devices and substances, if any, 
that may be used in carrying out'' the National Contingency Plan (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).
    To place a product on the Schedule, Subpart J requires that a 
product manufacturer conduct specific toxicity and effectiveness tests 
and submit the corresponding technical product data and other required 
information to the EPA Product Schedule Manager in the Office of 
Emergency Management (OEM). 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. In addition, 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 compared to the degradation due to the natural 
population of oil degrading microbes.
    Collection and submission to EPA of the toxicity and effectiveness 
tests and technical product data is mandatory if a manufacturer wants 
to place a product on the Schedule. All information is typically 
submitted on paper however, once a company contacts EPA, the Product 
Schedule Manager can allow some data and information to be submitted 
electronically. At 40 CFR 300.920(c), respondents may 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

[[Page 19387]]

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.

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 On-Scene Coordinators (OSC), Regional Response Teams, 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 information collected 
from the product manufacturer is needed so that OSCs, RRTs, and Area 
Committees can make informed decisions to safely employ chemical/
biological countermeasures to control oil discharges. Correct product 
use is critical in emergency situations. Subpart J ensures that OSCs, 
RRTs, and Area Committees have necessary data regarding the toxicity, 
effectiveness, and other characteristics of different products.
    Burden Statement:
    The annual public reporting and recordkeeping burden for this 
collection of information is estimated to average 57 to 122 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 
which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
     Estimated total number of potential respondents: 14 per 
year.
     Frequency of response: On occasion.
     Estimated total average number of responses for each 
respondent: 1 response for each respondent.
     Estimated total annual burden hours: 390 hours.
     Estimated total annual costs: $100,092, this includes an 
estimated burden cost of $17,292 and an estimated cost of $82,800 for 
capital investment or maintenance and operational costs.

Are There Changes in the Estimates From the Last Approval?

    There is no change of hours in the total estimated respondent 
burden compared with that identified in the ICR currently approved by 
OMB. EPA anticipates the same number of annual burden hours or capital 
and O&M costs under this ICR renewal. The only modifications made to 
figures in this ICR supporting statement involve updates to the wage 
rates associated with respondent and EPA personnel activities. Labor 
costs are not reported in the OMB inventory.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: April 7, 2010.
Dana S. Tulis,
Acting Director, Office of Emergency Management.
[FR Doc. 2010-8522 Filed 4-13-10; 8:45 am]
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