SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

The National Oil and Hazardous Substances Pollution Contingency Plan Regulation, 

Subpart J (40 CFR 300.900)

1. Identification of the Information Collection

1(a) Title and Number of the Information Collection

The National Oil and Hazardous Substances Pollution Contingency Plan Regulation, 

Subpart J (40 CFR 300.900) (Renewal)

1(b) Short Characterization/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 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 (OSCs), Regional Response 

Teams (RRTs), and Area Planners to identify spill mitigating agents in preparation 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 Oil Program Center in the Office of Emergency

Management, Office of Solid Waste and Emergency Response. A dispersant must exceed the 

50-percent (±5 percent) 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 

federal OSCs, RRTs, and Area Committees for determining the most appropriate products to use 

in various spill scenarios.

Products currently listed on the Product Schedule are divided into five basic categories: 

dispersants, surface washing agents, surface collecting agents, bioremediation agents, and 

miscellaneous oil spill control agents. There are 67 products currently listed on the Schedule (as 

of June 2010). It is estimated that 14 products per year will be submitted to EPA for listing on 

the Schedule. Over the three-year period covered by this ICR, an estimated 42 products may be 
2

listed. Additionally, EPA estimates that approximately 10 manufacturers will submit sorbent 

certifications. The annual public reporting burden will be 390 hours. The total annual cost 

(including labor and non-labor) to manufacturers under Subpart J is estimated to be $100,493.

2. Need For and Use of the Collection

2(a) Need/Authority for the Collection

Section 311(d)(2)(G) of the CWA, requires a product schedule, identifying “dispersants, 

other chemicals, and other spill mitigating devices and substances, if any, that may be used in 

carrying out” the 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).

The Schedule is available for use by OSCs, RRTs, 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 required information is needed from the respondent so that the 

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.

To place a product on the Schedule, Subpart J requires that the manufacturer conduct 

specific toxicity and effectiveness tests and submit the corresponding technical product data and 

other required information to the EPA Office of Emergency Management Regulatory and Policy

Development Division. 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.

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 as 

compared to the natural population.

2(b) 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 OSCs, RRTs, and Area Committees in 

determining the most appropriate products to use 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 RCPs and ACPs, respectively. The required information is 

needed from the respondent so that the OSCs, RRTs, and Area Committees can make informed 
3

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 the necessary data regarding the toxicity, effectiveness, and other 

characteristics of different products.

3. Nonduplication, Consultations, And Other Collection Criteria

3(a) Nonduplication

Manufacturers do not report this information to any other federal agency, and this is the 

only list of its kind on a national level, therefore, there is no duplication.

3(b) Public Notice Required Prior to ICR Submission to OMB

On April 14, 2010 (75 FR 19386) EPA sought comments on this ICR pursuant to 5 CFR 

1320.8(d). EPA received no comments.

3(c) Consultations

In developing this NCP Subpart J renewal ICR, EPA consulted with other federal 

agencies; federal OSCs; NCP Product Schedule experts; state agencies; technical experts, both 

international and domestic; and various commercial laboratories and product manufacturers. One 

toxicity test laboratory (Coastal Bioanalysis Inc., 804-694-8285) responded to requests for 

feedback. The company noted that the toxicity test cost estimate in the ICR supporting statement 

was reasonable and that they charge $2,900. In addition, two manufacturers provided input on 

EPA's assumptions. A surface washing agent manufacturer (Superall Products SWA, 281-351-

4800) gave burden estimates that are similar to those in the ICR, so no changes to the supporting 

statement were deemed necessary. A bioremediation agent manufacturer (WMI International 

Inc., 713-956-4001) confirmed that the effectiveness test costs $15,000, which reflects EPA's 

current assumption. EPA has not obtained feedback from this manufacturer on burden hour

estimates.

Results of Calls to Manufacturers

Company Phone Number Comments Results

Coastal Bioanalysis, Inc. 804-694-8285

This lab only conducts toxicity 

testing and has stopped 

performing tests for other oil spill 

mitigating agent types.

The lab agreed that the 

toxicity test cost was 

reasonable, and stated 

that they charge $2,900.

Bonner Analytical Testing 601-264-2854

The lab requested they review the 

test protocol for the effectiveness 

tests in order to assess the 

estimated costs.

We sent the lab 

Appendix C of Subpart J 

and have not received a 

response.

NOTE: Other laboratories attempted included Aqua Survey (appropriate person on leave); Aqua Tox Research and SGS US 

Testing Co. (no longer perform relevant tests); and Environmental Enterprises USA, Inc. (phone number out of service).
4

Company Phone Number Comments Results

Dispersants

Petrobiotech 203-966-4573 The appropriate individual will assess the 

reasonableness of the burden hours.

We faxed the 

dispersant agent 

burden hour 

estimates to the 

company.

Surface Washing Agents

Superall Products SWA 281-351-4800 The appropriate individual will assess the 

reasonableness of the burden hours.

The manufacturer 

gave burden hours 

similar to our 

estimates.

Bioremediation

WMI International Inc. 713-956-4001 The appropriate individual will assess the 

reasonableness of the burden hours.

The company 

confirmed that an 

effectiveness test 

costs $15,000, in 

line with EPA 

estimates. No 

response on burden 

hours.

NOTE: We attempted to contact Dispersit SPC 1000 and UNIVAR, but their phone numbers were out of service.

3(d) Effects of Less Frequent Collection

Respondents must submit information only when they apply to list a new product on the 

Schedule, or when the composition, formulation, application, or contact information of a product 

currently listed on the Schedule is changed. Because collection is not periodic, less frequent 

collection is not possible.

3(e) General Guidelines

The information collection activities discussed in this renewal ICR comply with all 

regulatory guidelines under 5 CFR 1320.5(d)(2). 

3(f) Confidentiality

At 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.

3(g) Sensitive Questions

The information collection activities discussed in this document do not involve any

sensitive questions.
5

4. The Respondents and the Information Requested

4(a) Respondents/SIC and NAICS Codes

Respondents 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 325988). 

4(b) Information Requested

(i) Data Items

Under Subpart J, manufacturers who wish to list a product on the Schedule must report

the following data items listed in Exhibit 1. No specific recordkeeping activities are required.
6

EXHIBIT 1

Data Items Required Under NCP Subpart J

RESPONSE FORM ITEMS

RESPONDENT 

ACTIVITY

BURDEN 

HOURS

OIL SPILL MITIGATING AGENT

BA D MA SCA SWA

Name, brand, or trademark, if any, under which the product is sold

Simple 

Information 0 to 0.5

X X X X X

Name, address, and telephone number of the manufacturer, importer or 

vendor X X X X X

Name, address and telephone number of primary distributors or sales outlets X X X X X

Special handling information and worker precautions for storage and field 

application, including maximum and minimum storage temperatures Short Answer 0.5 to 1 X X X X X

Shelf life information Simple 

Information 0 to 0.5 X X X X X

Recommended application procedures, concentrations, and conditions for use Short Answer 0.5 to 1 X X X X X

Results of the effectiveness test set forth in Appendix C of the NCP Narrative Answer 2.0 to 5.0 X X

Result of the toxicity test set forth in Appendix C of the NCP Narrative Answer 2.0 to 5.0 X X X X

Physical properties covered by the American Society for Testing and 

Materials (ASTM) reference standards Short Answer 0.5 to 1 X X X X

Test results for distinguishing surface collecting agents from other chemical 

agents Short Answer 0.5 to 1 X

List of product components Narrative Answer 2.0 to 5.0 X X X X

The concentrations or upper limits of any heavy metals, cyanide, and 

chlorinated hydrocarbons Short Answer 0.5 to 1 X X X X

Information on microbiological cultures, enzyme additives, and nutrient 

additives Narrative Answer 2.0 to 5.0 X X

Identity of laboratory performing tests, the qualifications of the laboratory 

staff, and laboratory experience with similar tests Narrative Answer 2.0 to 5.0 X X X X X

KEY: BA = Bioremediation Agent, D = Dispersant, MA = Miscellaneous Agent, SCA= Surface Collecting Agent, and SWA = Surface Washing Agent
7

7

(ii) Respondent Activities

Except for effectiveness and toxicity testing, the data items discussed in section 4(b)(i) 

should already be available to respondents through customary business practices (i.e., normal 

research and development activities). Effectiveness and toxicity tests, where applicable, require 

respondents to send products to a laboratory for testing.

Processing, compiling, and reviewing the information required under Subpart J requires 

the following respondent activities:

 Inserting simple information;

 Drafting short answers;

 Drafting narrative answers and preparing backup documentation;

 Secretarial/clerical support; and

 Managerial review.

Under Subpart J, the respondent must also notify EPA of any changes in the composition, 

formulation, or application of the dispersant, surface washing agent, surface collecting agent, 

bioremediation agent, or miscellaneous oil spill control agent. If the change is likely to alter the 

effectiveness or toxicity of the product, EPA may require retesting. If EPA decides that retesting 

is necessary, the respondent must have the product tested in a laboratory and send a summary of 

the results along with the qualifications of the laboratory staff to EPA.

5. Information Collected -- Agency Activities, Collection Methodology, and 

Information Management

5(a) Agency Activities

Under Subpart J, EPA will perform activities when a manufacturer applies to have a 

product listed on the Schedule. Once a manufacturer submits the technical product data required 

by Subpart J, EPA must perform the following activities:

 Receive and process the data;

 Review the data for completeness and procedural accuracy;

 Notify the respondent of the decision on listing the product on the Schedule; and

 If approved, place the product on the Schedule, store the data, and supply the data 

upon request.

EPA’s decision to place a product on the Schedule is based on the completeness of the 

information presented. EPA will not evaluate a submitted product beyond the revised 

effectiveness threshold for the dispersants.

5(b) Collection Methodology and Management

Respondents submit the required data to EPA in hard copy. If the data are accepted by 

EPA, they are entered electronically on the Schedule. The data are then made available to OSCs 

through five media: (1) hard copy; (2) an Internet Web page; (3) electronic mail; (4) NOAA 
8

8

Response LINK; and (5) File Transfer Protocol. The five options ensure that OSCs can obtain 

the information as efficiently as possible and that the information is useful in practice. 

5(c) Small Entity Flexibility

Under Subpart J, small entities must follow the same collection procedures as other 

respondents. OSCs need the required information to choose products with which they can safely 

and effectively control oil discharges. The establishment of an acceptability criterion for 

dispersant effectiveness and the requirement for effectiveness testing for bioremediation agents 

are not anticipated to result in a significant adverse impact on a substantial number of small 

businesses. 

5(d) Collection Schedule

EPA requires information to be collected whenever a manufacturer wants a product listed 

on the Schedule, or when a product already on the Schedule changes in composition, 

formulation, application, or other product information changes. 

6. Estimating the Burden and Cost of the Collection

6(a) Respondent Burden

This section presents the three-year total burden as well as annual burden for respondents 

for information collection activities under Subpart J. Respondents include manufacturers 

expected to submit products for listing on the Schedule over the three-year period addressed by 

this renewal ICR.

There are 53 manufacturers and 67 products (15 bioremediation agents, 14 dispersants, 

11 miscellaneous agents, and 27 surface washing agents) listed on the June 2010 Schedule.1 

EPA estimates that manufacturers will apply to list 14 products on the Schedule each year, 

including 3 bioremediation agents, 4 dispersants, 2 miscellaneous agents, and 5 surface washing 

agents. Over a three-year period, EPA anticipates that manufacturers will apply to list a total of 

9 bioremediation agents, 12 dispersants, 6 miscellaneous agents, and 15 surface washing agents 

on the Schedule. 

EPA expects that approximately one-third of the 14 annual product submissions (5 

products) will be approved by EPA and listed annually on the Schedule. A respondent’s burden 

for preparing a product for listing on the Schedule is the same whether or not EPA lists the 

product. Therefore, burden is determined for all manufacturers applying to list a product on the 

Schedule, rather than just for those that receive approval from EPA.

Exhibit 1 provides estimates of the burden (hours) required to respond to each data item 

covered by this ICR. EPA estimates that manufacturers applying to list a new product on the 

 

1

65 products were listed on the December 2006 Environmental Protection Agency National Contingency Plan 

Product Schedule, prepared by U.S. EPA Office of Emergency Management Regulation and Policy Division, 1200 

Pennsylvania Avenue, NW (5104A), Washington, DC 20460. http://www.epa.gov/oilspill/pdfs/schedule.pdf.
9

9

Schedule would require approximately 7 to 25 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 requested for a given product. Managerial labor burden for preparing and 

submitting the required technical product data is estimated to be approximately one-fifth of the 

total technical hours per product type. Clerical labor burden for preparing and submitting the 

required technical product data is estimated to be 5 to 10 hours per product. Exhibit 2 

summarizes the estimated burden to respondents for each type of oil spill mitigation agent.

Sorbents are not listed on the Schedule. However, when determining whether to use a 

sorbent, OSCs may request that sorbent manufacturers submit a written certification2that their 

product meets the definition in Subpart J. The estimated unit burden for sorbent certification is 3 

hours (0.25 managerial, 2.0 technical, and 0.75 clerical). Because sorbents are not listed on the 

Schedule, the small burden of sorbent certification is not shown in Exhibit 2.

EXHIBIT 2

Respondent Burden to Prepare and Submit Information to EPA

Under NCP Subpart J

UNIT BURDEN 

(hours)

OIL SPILL MITIGATING AGENT

Bioremediation 

Agents Dispersants Miscellaneous Agents

Surface 

Collecting 

Agents

Surface 

Washing 

Agents 

Managerial Review 1.4 to 3.6 2.0 to 5.0 2.0 to 5.0 1.7 to 4.2 1.6 to 4.0

Technical Support 7.0 to 18.0 10.0 to 25.0 10.0 to 25.0 8.5 to 21.0 8.0 to 20.0

Clerical Support 5 to 10 5 to 10 5 to 10 5 to 10 5 to 10

Total Unit Burden 13.4 to 31.6 17.0 to 40.0 17.0 to 40.0 15.2 to 35.2 14.6 to 34.0

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

EPA derived the labor wages from the U.S. Department of Labor’s Employment Cost 

Indexes and Levels.3 The wage rates, based on September 2006 dollars, include wages and 

salaries; benefit costs, including paid leave, supplemental pay, insurance, retirement and savings, 

and legally required benefits; and overhead costs.4 These wage rates reflect private industry

 

2

The following model certification statement suffices: “[SORBENT NAME] is a sorbent material and consists 

solely of the materials listed in § 300.917(b)(2) of the NCP.”

3 United States Department of Labor, Bureau of Labor Statistics, Employer Costs for Employee Compensation, 

Employment Cost Trends, Table 11 -- Private industry workers, by occupational group and full-time and part-time status, 

September 2006. (Last Modified December 13, 2006).

4 Overhead costs were computed separately from BLS data and were assumed to be an additional 17 percent of 

the total wage rate, which is composed of direct wages and salaries and employee benefits, as reported by BLS. 

Adjustments to wage rates for overhead costs are based on the results of several earlier Information Collection Requests 

that adjusted wage rates by an additional 17 percent based on the results of a survey of chemical industries and trade 
10

10

averages, which were estimated by the Bureau of Labor Statistics based on a survey of 49,000 

occupations within 11,000 establishments in the private sector. Following are the estimated 

hourly wage rates used in this analysis: 

Management -- $59.82

Technical -- $51.92

Clerical -- $26.03

(ii) Operating and Maintenance (O&M) Costs for Product Manufacturers 

Laboratory costs are incurred when a respondent must test its product for effectiveness 

and/or toxicity according to the methods outlined in Appendix C of the NCP regulations. 

Although previous ICRs for the NCP Subpart J regulation have shown laboratory-testing costs as 

capital or start-up costs, EPA believes these costs are more appropriately characterized as 

operating 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 now included as O&M.

In order to provide the necessary test result information to EPA, respondents typically 

have their product tested at a laboratory.

 The dispersant effectiveness test will cost an estimated $1,200 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 $15,000.

 EPA estimates that the toxicity test required for dispersants, miscellaneous agents, 

surface collecting agents, and surface washing agents costs $3,000 per product.

Respondents are not expected to incur capital/start-up costs for this renewal ICR. The 

unit costs for each respondent to comply with the information collection requirements are 

presented in Exhibit 3. The unit cost is the sum of the labor cost and the non-labor O&M 

laboratory cost. The total unit costs are presented as ranges, reflecting the ranges of burden hour 

estimates.

 

associations. (See, for example, Information Collection Request for the Toxic Chemical Release Report for the Proposed 

Lead Rule, EPA ICR #1363.08.) EPA has previously contacted several different petroleum trade associations and 

industries, but has been unable to improve upon this estimate.
11

EXHIBIT 3

Respondent Unit Costs for Activities Required Under NCP Subpart Ja

Information Collection Activityb

Burden Hours

Total Burden 

Hours

Capital/

Startup 

Costs

O&M 

Costs

Management Technical Clerical Total Unit Cost

($59.82/hr) ($51.92/hr) ($26.03/hr)

Low High Low High Low High Low High Low High

Manufacturers of Bioremediation Agents

Prepare and Submit Response Form Items 1.4 3.6 7.0 18.0 5.0 10.0 13.4 31.6 $0 $0 $577 $1,410

Conduct Effectiveness Testing 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0 $15,000 $15,000 $15,000

Subtotal - Manufacturers of Bioremediation Agents 1.4 3.6 7.0 18.0 5.0 10.0 13.4 31.6 $0 $15,000 $15,577 $16,410

Manufacturers of Dispersants

Prepare and Submit Response Form Items 2.0 5.0 10.0 25.0 5.0 10.0 17.0 40.0 $0 $0 $769 $1,858

Conduct Effectiveness Testing 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0 $1,200 $1,200 $1,200

Conduct Toxicity Testing 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0 $3,000 $3,000 $3,000

Subtotal - Manufacturers of Dispersants 2.0 5.0 10.0 25.0 5.0 10.0 17.0 40.0 $0 $4,200 $4,969 $6,058

Manufacturers of Miscellaneous Agents

Prepare and Submit Response Form Items 2.0 5.0 10.0 25.0 5.0 10.0 17.0 40.0 $0 $0 $769 $1,858

Conduct Toxicity Testing 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0 $3,000 $3,000 $3,000

Subtotal - Manufacturers of Miscellaneous Agents 2.0 5.0 10.0 25.0 5.0 10.0 17.0 40.0 $0 $3,000 $3,769 $4,858

Manufacturers of Surface Collecting Agents

Prepare and Submit Response Form Items 1.7 4.2 8.5 21.0 5.0 10.0 15.2 35.2 $0 $0 $673 $1,602

Conduct Toxicity Testing 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0 $3,000 $3,000 $3,000

Subtotal - Manufacturers of Surface Collecting Agents 1.7 4.2 8.5 21.0 5.0 10.0 15.2 35.2 $0 $3,000 $3,673 $4,602

Manufacturers of Surface Washing Agents

Prepare and Submit Response Form Items 1.6 4.0 8.0 20.0 5.0 10.0 14.6 34.0 $0 $0 $641 $1,538

Conduct Toxicity Testing 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0 $3,000 $3,000 $3,000

Subtotal - Manufacturers of Surface Washing Agents 1.6 4.0 8.0 20.0 5.0 10.0 14.6 34.0 $0 $3,000 $3,641 $4,538

aThe unit cost for sorbent certification is estimated to be $138 per sorbent. The average annual cost is estimated to be $1,383 ($138 x 10 sorbent certifications per year).

bExhibit 1 provides a detailed list of burden hours for each response form item included in the analysis.
12

6(c) Estimating Agency Burden and Costs

This section presents the estimated unit burden and unit cost to EPA for maintaining the 

Schedule. Burden estimates are based on EPA’s experience with placing products on the 

Schedule under Subpart J. Exhibit 4 shows the labor burdens to EPA for each activity under 

Subpart J. The agency activities were discussed previously in section 5(a). EPA’s burden is 20 

hours per listing.

EXHIBIT 4

Estimated Unit Burden and Cost to EPA to Implement NCP Subpart J

INFORMATION COLLECTION ACTIVITY

Burden Hours 

($50.39)1,2

Cost Per 

Product

Process submitted data 7 $353

Review data for approval 6 $302

Notify respondent of decision 4 $202

Store data 3 $151

UNIT BURDEN 20 $1,008

1 Based on the 2006 general pay schedule for the federal government, EPA estimates an 

average hourly wage rate of $50.39 for management and technical staff to maintain the 

Product Schedule.

2EPA assumes burden hours for each information collection activity will be the same for 

each oil spill mitigation agent type.

Based on the 2006 general pay schedule for the federal government, EPA estimates an 

average hourly wage rate of $50.39 for management and technical staff to maintain the Product 

Schedule.5To derive hourly estimates, the average step 1 to step 10 annual compensation midpoint for a GS-13 ($76,995) managerial staff and a GS-11 technical staff ($54,021) was divided 

by 2,080 (the number of hours in the Federal work-year) and multiplied by the standard 

government overhead factor (1.6). The adjusted wage rate is multiplied by the hours in Exhibit 4 

to obtain EPA labor burden cost. The cost of labor per application is therefore $1,008.6

For dispersants under Subpart J, § 300.920(a)(2) gives EPA the right to verify test results 

and consider the results of EPA’s verification testing in determining whether the dispersant 

meets the listing criteria. For the purpose of this analysis, EPA estimates all submitted 

dispersant applications will undergo verification tests at a cost of $1,200 per test. EPA’s intent, 

as stated in Subpart J, is to verify all dispersants test through EPA’s Office of Research and 

Development. Thus, on average EPA estimates that verification testing will cost approximately

$1,200 per dispersant submission. This results in a total unit cost of $2,208 per dispersant per 

application. There are no costs in addition to labor for other types of products under Subpart J.

 

5 U.S. Office of Personnel Management. 2006 General Schedule: Effective January 2007. 

(http://www.opm.gov/oca/03tables/html/gs.asp)

6

The cost is calculated by multiplying 20 burden hours by the average hourly wage rate of $50.39.
13

The annual costs to EPA under Subpart J are presented in Exhibit 5. As mentioned 

previously, it is estimated that, under Subpart J, applications will be received for 3 

bioremediation agents, 4 dispersants, 2 miscellaneous agents, and 5 surface washing agents per 

year over the course of the three-year renewal ICR period. 

EXHIBIT 5

Estimated Annual Burden and Cost to EPA to Implement NCP Subpart J

Oil Spill Mitigation Agent

Burden 

Hours

Cost Per 

Product1

Number of 

Products Per 

Year

Total 

Annual 

Burden 

Hours

Total 

Annual 

Cost

 Bioremediation Agents 20 $1,008 3 60 $3,023

 Dispersants 20 $2,208 4 80 $8,831

 Miscellaneous Agents 20 $1,008 2 40 $2,016

 Surface Collecting Agents 20 $1,008 0 0 $0

 Surface Washing Agents 20 $1,008 5 100 $5,039

 Total 14 280 $18,909

1EPA estimates all submitted dispersant applications will undergo verification tests at a cost of $1,200 per 

test. This cost is added to the cost associated with information collection activities listed in Exhibit 4 

($1,008). 

6(d) Estimating the Respondent Universe and Total Burden and Costs

Estimated Total Annual Burden and Costs for All Respondents

The section presents the average annual burden and costs for all respondents. The 

number of responses expected annually over the three-year renewal ICR period has been 

estimated based on the average rate of applications for listing on the Schedule over the last three 

years. It is estimated that manufacturers will apply to list 3 bioremediation agents, 4 dispersants, 

2 miscellaneous oil spill control agents, 0 surface collecting agents, and 5 surface washing agents 

each year of the renewal ICR period; consequently EPA estimates that manufacturers will apply 

to list an average of 14 total product listings will occur each year of the ICR period.

The average annual burden is arrived at 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, as shown in Exhibit 6.

Based on the average annual burdens shown in Exhibit 6, the total average annual burden 

under Subpart J will be approximately 360 hours for all 14 respondents. However, it is also 

expected that 10 sorbent manufacturers per year will have to certify the composition of their 
14

product at an annual burden of 30 hours. Therefore the total annual burden to manufacturers 

under Subpart J will be approximately 390 hours. 

As shown in Exhibit 6, the total annual cost under Subpart J will be $99,110 for all 14 

respondents. However, it is also expected that 10 sorbent manufacturers per year will be have to 

certify the composition of their product, at an annual cost of $1,383 (10 products x $138.33 per 

product). Therefore the total annual cost to manufactures under Subpart J will be $100,493.
15

EXHIBIT 6

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

Capital/

Startup 

Costs

O&M 

Costs

Total 

Average 

Costs

Management Technical Clerical

($59.82/hr) ($51.92/hr) ($26.03/hr)

Manufacturers of Bioremediation Agents

Prepare and Submit Response Form Items 2.5 12.5 7.5 22.5 $994 $0 $0 $994 3 67.5 $2,982 $0 $2,982

Conduct Effectiveness Testing 0.0 0.0 0.0 0.0 $0 $0 $15,000 $15,000 3 0.0 $0 $45,000 $45,000

Subtotal - Manufacturers of Bioremediation Agents 2.5 12.5 7.5 22.5 $994 $0 $15,000 $15,994 3 67.5 $2,982 $45,000 $47,982

Manufacturers of Dispersants

Prepare and Submit Response Form Items 3.5 17.5 7.5 28.5 $1,313 $0 $0 $1,313 4 114.0 $5,253 $0 $5,253

Conduct Effectiveness Testing 0.0 0.0 0.0 0.0 $0 $0 $1,200 $1,200 4 0.0 $0 $4,800 $4,800

Conduct Toxicity Testing 0.0 0.0 0.0 0.0 $0 $0 $3,000 $3,000 4 0.0 $0 $12,000 $12,000

Subtotal - Manufacturers of Dispersants 3.5 17.5 7.5 28.5 $1,313 $0 $4,200 $5,513 4 114.0 $5,253 $16,800 $22,053

Manufacturers of Miscellaneous Agents

Prepare and Submit Response Form Items 3.5 17.5 7.5 28.5 $1,313 $0 $0 $1,313 2 57.0 $2,627 $0 $2,627

Conduct Toxicity Testing 0.0 0.0 0.0 0.0 $0 $0 $3,000 $3,000 2 0.0 $0 $6,000 $6,000

Subtotal - Manufacturers of Miscellaneous Agents 3.5 17.5 7.5 28.5 $1,313 $0 $3,000 $4,313 2 57.0 $2,627 $6,000 $8,627

Manufacturers of Surface Collecting Agents

Prepare and Submit Response Form Items 3.0 14.8 7.5 25.2 $1,138 $0 $0 $1,138 0 0.0 $0 $0 $0

Conduct Toxicity Testing 0.0 0.0 0.0 0.0 $0 $0 $3,000 $3,000 0 0.0 $0 $0 $0

Subtotal - Manufacturers of Surface Collecting Agents 3.0 14.8 7.5 25.2 $1,138 $0 $3,000 $4,138 0 0.0 $0 $0 $0

Manufacturers of Surface Washing Agents

Prepare and Submit Response Form Items 2.8 14.0 7.5 24.3 $1,090 $0 $0 $1,090 5 121.5 $5,448 $0 $5,448

Conduct Toxicity Testing 0.0 0.0 0.0 0.0 $0 $0 $3,000 $3,000 5 0.0 $0 $15,000 $15,000

Subtotal - Manufacturers of Surface Washing Agents 2.8 14.0 7.5 24.3 $1,090 $0 $3,000 $4,090 5 121.5 $5,448 $15,000 $20,448

Subtotal - Oil Spill Mitigation Agents 15.3 76.3 37.5 129.0 $5,848 $0 $28,200 $34,048 14 360.0 $16,310 $82,800 $99,110

Sorbent Certification 0.3 2.0 0.8 3.0 $138 $0 $0 $138 10 30.0 $1,383 $0 $1,383

Total 15.5 78.3 38.3 132.0 $5,986 $34,186 390.0 $17,693 $82,800 $100,493
16

Estimated Total Annual Burden and Cost to EPA

The annual burden and costs to EPA under Subpart J are presented at the bottom of the 

tables in Exhibits 4 and 5, respectively. The annual agency burden is determined by multiplying 

the unit agency burden by the expected frequency of applications. For example, it is estimated 

that the average request to list a dispersant would require 20 hours of EPA staff time under 

Subpart J (as shown in Exhibit 4). It is also estimated that EPA would process 4 applications for 

dispersants each year, as mentioned above. Therefore, the annual burden to EPA for dispersants 

under Subpart J would be approximately 80 hours (20 hours/application x 4 applications). The 

total annual burden to EPA under Subpart J will be approximately 280 hours (20 

hours/application x 14 application). The number of future responses has been estimated based 

on the average rate of applications for listing on the Schedule over the last three years. As 

mentioned previously, it is estimated that applications will be received for 3 bioremediation 

agents, 4 dispersants, 2 miscellaneous oil spill control agents, 0 surface collecting agents, and 5 

surface washing agents each year of the renewal ICR period.

The annual cost to EPA, as shown in Exhibit 5, is determined by multiplying the unit cost 

by the frequency of response. For example, it is estimated that the annual cost for listing 

dispersants will be $8,831 ($2,208 per application x 4 dispersants per year). The total annual 

cost to EPA under Subpart J will be $18,909.

6(e) Bottom Line Burden Hours and Costs

The total annual burden and costs for each of the three years of the renewal ICR period 

are illustrated in Exhibit 6. The labor cost represents the average hourly burden weighted by the 

appropriate wage category (management, technical, or clerical). O&M costs vary depending on 

product type and the test(s) required. For the renewal ICR period, the burden hours for 

respondents are 1,170 hours (390 + 390 + 390). Based on Exhibit 6, the annual O&M costs for 

respondents are $82,800 (($15,000)(3/year) + ($1,200 + $3000)(4/year) + ($3,000)(2/year) + 

($3,000)(5/year)). Therefore the total O&M costs for respondents for the three-year renewal ICR 

period are $248,400.

The annual respondent labor cost for oil spill mitigating agents and substances excluding 

sorbents is $16,310, which is based on Exhibit 3 and the following equation:

([{$577+$1,410}/2] x 3/year) + ([{$769+ $1,858}/2] x 4/year) + ([{$769 + $1,858}/2] x 2/year) 

+ ([{$673+ $1,602}/2] x 0/year) + ([{$641+ $1,538}/2] x 5/year) = $16,310

The annual respondent labor cost of sorbent is $1,383 ($138.33 x 10 respondents). 

Therefore, the total annual labor cost for respondents is $17,693, and the total labor costs for 

respondents for the three-year ICR period will be $53,079 ($17,693 x 3 years). Accordingly, the 

bottom line cost for respondents for the three-year renewal ICR period is $301,479 ($248,400 + 

$53,079). There are no capital/start-up costs associated with this renewal ICR.
17

EXHIBIT 7

Total Burden and Cost Estimates Under Subpart J

Year

RESPONDENTS EPA

Burden 

(hours)

Labor 

Costs

O&M 

Costs

Total 

Costs

Burden 

(hours)

Labor 

Costs

O&M 

Costs

Total 

Costs

Year 1 390 $17,693 $82,800 $100,493 280 $14,109 $4,800 $18,909 

Year 2 390 $17,693 $82,800 $100,493 280 $14,109 $4,800 $18,909 

Year 3 390 $17,693 $82,800 $100,493 280 $14,109 $4,800 $18,909 

Totala1,170 53,079 248,400 301,479 840 42,327 14,400 56,727

As shown in Exhibit 4, the Subpart J annual burden for EPA is 280 hours. Therefore, the 

total burden hours for EPA during the three-year renewal ICR period are 840. The total annual 

labor costs for EPA are $14,109, and the total labor costs for EPA over the three-year renewal 

ICR period are $42,327 ($14,109 x 3 years).

6(f) Reasons for the Change in Burden

EPA does not anticipate any changes in the annual burden hours or O&M costs under this 

ICR renewal (see Exhibit 8). 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.

EXHIBIT 8

Estimated Annualized Burden and Costs Comparison

Annualized Burden 

Hours Annualized O&M Costs

Current OMB Inventory Burden 390 $82,800

Change in Burden

Adjustment

Program Change

0

0

0

0

0

0

ICR Renewal Burden 390 $82,800

6(g) Burden Statement

The collection of information required to prepare and submit material for listing a 

product on NCP Product Schedule is estimated to have a public reporting burden of 13 to 40 
18

hours per response in the first year and subsequent years, depending on the type of product to be 

listed with an average of 26 hours per response. Written certification for sorbents is estimated to 

have a public reporting burden of 3 hours per product. There is no recordkeeping burden 

associated with listing a product on the NCP Product Schedule. 

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; 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. 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 regulations 

are listed in 40 CFR part 9 and 48 CFR chapter 15. 

To comment on the Agency's need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the 

use of automated collection techniques, EPA has established a public docket for this ICR under 

Docket ID Number EPA-HQ-OPA-2007-0042, which is available for online viewing at 

www.regulations.gov, or in person viewing at the Superfund Docket in the EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The 

EPA Docket Center Public Reading Room is open from 8:30 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. An electronic 

version of the public docket is available at www.regulations.gov. This site can be used to submit 

or view public comments, access the index listing of the contents of the public docket, and to 

access those documents in the public docket that are available electronically. When in the 

system, select “search,” then key in the Docket ID Number identified above. Also, you can send 

comments to the Office of Information and Regulatory Affairs, Office of Management and 

Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please 

include the EPA Docket ID Number EPA-HQ-OPA-2007-0042 and OMB Control Number 

2050-0141 in any correspondence.