[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Notices]
[Pages 53363-53364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19001]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPA-2006-0090; FRL-10014-30-OMS]


Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; The National Oil and Hazardous Substances 
Pollution Contingency Plan Regulation, Subpart J (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an 
information collection request (ICR), The National Oil and Hazardous 
Substances Pollution Contingency Plan Regulation (EPA ICR Number 
1664.12, OMB Control Number 2050-0141) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act. This is a proposed extension of the ICR, which is 
currently approved through October 31, 2020. Public comments were 
previously requested via the Federal Register on November 27, 2019 
during a 60-day comment period. This notice allows for an additional 30 
days for public comments. A fuller description of the ICR is given 
below, including its estimated burden and cost to the public. 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 September 28, 2020.

ADDRESSES: Submit your comments to EPA, referencing Docket ID No. EPA-
HQ-OPA-2006-0090, 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.
    Submit written comments and recommendations to OMB for the proposed 
information collection within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Wendy Hoffman, Regulations 
Implementation Division, Office of Emergency Management, Mail Code 
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

[[Page 53364]]

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.
    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 EPA as stipulated in 
40 CFR 300.915. 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. The 
Schedule is available to Federal On-Scene Coordinators (FOSCs), 
Regional Response Teams (RRTs), and Area Committees for helping them 
select the most appropriate products to use in various spill scenarios.
    As of November 2019, the Product Schedule included 105 
manufacturers and 122 products (27 bioremediation agents, 19 
dispersants, 17 miscellaneous oil spill control agents, two surface 
collecting agents, and 57 surface washing agents). EPA estimates that 
each year of this ICR renewal period, nine manufacturers will apply to 
list a total of nine products on the Schedule. Therefore, over the 
three-year period covered by this ICR renewal, EPA estimates an 
additional 27 products may be listed. Additionally, EPA estimates that 
eight manufacturers will submit product information to EPA to obtain a 
sorbent certification letter annually.
    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, sorbents and other chemical agents and biological 
additives used as countermeasures against oil spills.
    Respondent's obligation to respond: Required to obtain or retain a 
benefit (40 CFR 300.900).
    Estimated number of respondents: 9 (total).
    Frequency of response: Each manufacturer responds once per product 
submittal.
    Total estimated burden: 310 hours (per year). Burden is defined at 
5 CFR 1320.03(b).
    Total estimated cost: $95,400 (per year), includes $22,400 in 
operation & maintenance costs.
    Changes in Estimates: EPA anticipates a slight decrease of five 
hours in the annual burden hours under this ICR renewal. EPA increased 
the respondent burden hours by 20 percent in response to manufacturer 
feedback obtained during the consultation process. However, because EPA 
estimates that fewer respondents will submit information to EPA to have 
a product listed on the Schedule, in addition to fewer sorbent 
manufacturers submitting products for certification, the overall annual 
burden estimate has decreased slightly for this ICR renewal period.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2020-19001 Filed 8-27-20; 8:45 am]
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