[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65386-65387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25814]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPA-2007-0042; FRL-10002-57-OLEM]


Proposed Information Collection Request; Comment Request; The 
National Oil and Hazardous Substance Pollution Contingency Plan 
Regulation, Subpart J (40 CFR 300.900) (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an 
information collection request (ICR), ``The National Oil and Hazardous 
Substance Pollution Contingency Plan Regulation, Subpart J (40 CFR 
300.900)'' (EPA ICR No. 1664.12, OMB Control No. 2050-0141) to the 
Office of Management and Budget (OMB) for review and approval in 
accordance with the Paperwork Reduction Act. Before doing so, EPA is 
soliciting public comments on specific aspects of the proposed 
information collection as described below. This is a proposed extension 
of the ICR, which is currently approved through October 31, 2020. 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.

DATES: Comments must be submitted on or before January 27, 2020.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPA-
2007-0042, online using www.regulations.gov (our preferred method) or 
by mail to: EPA Docket Center, Environmental Protection Agency, Mail 
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Wendy Hoffman, Office of Emergency 
Management, Regulations Implementation Division (5104A), Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone number: 202-564-8794; fax number: 202-564-2620; email 
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA (44 U.S.C. 3501 et 
seq.), EPA is soliciting 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. 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. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    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 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, manufacturers 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. 
Subpart J requires the

[[Page 65387]]

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 
Schedule is available to FOSCs, RRTs, and Area Committees for selecting 
the most appropriate products to use in various spill scenarios.
    As of June 2016, 117 products were listed on the Schedule. In the 
previous ICR renewal, EPA estimated that 11 products per year would be 
submitted to EPA for listing on the Schedule during the renewal period. 
Over the three-year period covered by the current ICR (2016 through 
2019), EPA estimated that a total of 11 products would be listed 
annually. Additionally, EPA estimated that approximately 10 
manufacturers would submit information to obtain sorbent 
certifications. The annual public reporting burden was estimated to be 
315 hours. The total annual cost (including labor and non-labor) to 
manufacturers under Subpart J was estimated to be $89,590.
    At 40 CFR 300.920(c), respondents may claim certain information in 
the technical product data submissions as 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.
    Forms: None.
    Respondents/affected entities: Respondents include, but are not 
limited to, manufacturers of bioremediation agents, dispersants, 
surface collecting agents, surface washing agents, miscellaneous oil 
spill control 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).
    Respondent's obligation to respond: A manufacturer who wants their 
product to be listed on the Schedule for use as oil spill mitigating 
agent in an emergency response to an oil spill must submit certain 
mandatory product testing and information to EPA for review for the 
product to be listed on the Schedule. (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).
    Estimated number of respondents: The previous ICR renewal estimated 
21 respondents per year, including 10 sorbent product manufacturers. 
There were 99 manufacturers and 117 products (27 bioremediation agents, 
18 dispersants, 16 miscellaneous oil spill control agents, 54 surface 
washing agents, and 2 surface collecting agents) listed on the Schedule 
as of June 2016. 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 during this ICR renewal 
period. In addition, EPA estimates that 10 manufacturers will apply to 
list sorbent products (one per manufacturer). Over the 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 agent, 9 surface washing agents 
and 10 sorbents on the Schedule. These figures will be updated as 
needed during the 60-day OMB review period.
    Frequency of response: Each manufacturer responds once per product 
submittal.
    Total estimated burden: 315 hours (per year). This figure will be 
updated as needed during the 60-day OMB review period. Burden is 
defined at 5 CFR 1320.03(b).
    Total estimated cost: $89,590 (per year), including $72,450 
annualized capital or operation & maintenance costs. These figures will 
be updated with the most recent available wage rates from BLS and to 
account for any changes in O&M costs, burden and number of respondents.
    Changes in Estimates: The above burden estimates are based on the 
current approved ICR. In the final notice for the renewal ICR, EPA will 
publish revised burden estimates based on updates to respondent data 
and unit costs. The revised burden estimates may increase or decrease 
from the current ICR based on the number of products added to the 
Schedule during the past ICR renewal period, and EPA's adjusted 
estimates for the number of products the Agency anticipates may be 
added to the Schedule during the upcoming ICR renewal period. Any 
change in burden will be described and explained in this section when 
the updated ICR Supporting Statement is completed during the 60-day OMB 
review period.

    Dated: November 18, 2019.
Reggie Cheatham,
Director, Office of Emergency Management.
[FR Doc. 2019-25814 Filed 11-26-19; 8:45 am]
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