DRAFT SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan, 

Subpart J (40 CFR 300.900)

1. Identification of the Information Collection

1(a) Title and Number of the Information Collection

National Oil and Hazardous Substances Pollution Contingency Plan (Revisions)

ICR # 1664.10, OMB # 2050-0141

1(b) Short Characterization/Abstract

This Information Collection Request (ICR) supports activities to implement the proposed 

revisions to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 

Subpart J regulation (40 CFR 300.900, “Use of Dispersants and Other Chemicals”).

The Environmental Protection Agency (EPA or the Agency) regulatory requirements in 

Subpart J of the NCP govern the use of dispersants, and any other chemical agents or other 

substances in response to oil spills. Subpart J (40 CFR 300.900) applies to the navigable waters 

of the United States and adjoining shorelines, the waters of the contiguous zone, and the high 

seas beyond the contiguous zone in connection with activities under the Outer Continental Shelf 

Lands Act, activities under the Deepwater Port Act of 1974, or activities that may affect natural 

resources belonging to, appertaining to, or under the exclusive management authority of the 

United States, including resources under the Magnuson Fishery Conservation and Management 

Act of 1976 (waters of the US and adjoining shorelines). 

Under current Subpart J requirements, respondents who want to add a product to the NCP 

Product Schedule (the Schedule) must submit technical product data to the EPA as stipulated in 

40 CFR 300.915. Specifically, to list a product on the Schedule,

6 Subpart J requires the 

manufacturer to conduct toxicity and effectiveness testing following protocols set forth in

Appendix C of the NCP, and to submit the corresponding technical data along with other product 

information to the Agency. EPA reviews the submissions and lists products on the Schedule after

confirming that the data are complete, that the specified procedures were followed, and that the 

product meets or exceeds any testing threshold. 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. According to our Regulatory 

Impact Analysis (RIA), there are 99 products currently listed on the Schedule (as of June 28, 

2011). 

6 The listing of a product on the Schedule does not mean that the product is recommended or authorized for use on 

any specific oil discharge nor does it imply that EPA has in any other way endorsed the product for the use listed or

for other uses.

1

 
The Agency is proposing to amend the requirements in Subpart J of the NCP. The 

proposal addresses the efficacy, toxicity, environmental monitoring of dispersants, and other 

chemical and biological agents, as well as public, state, local, and federal officials’ concerns 

regarding their use. Specifically, the proposal amends the Subpart J regulatory requirements for 

the Schedule by revising the product categories to include dispersants, surface washing agents, 

bioremediation agents, solidifiers and herding agents, by adding new listing criteria, revising the 

efficacy and toxicity testing protocols, and clarifying the evaluation criteria for removing 

products from the Schedule. 

The proposed amendments to Subpart J would require that manufacturers conduct 

efficacy and toxicity tests for each chemical and biological agent consistent with the analytical 

test methods and criteria in the revised Appendix C to part 300. The proposal both revises 

existing analytical tests and criteria and adds new efficacy and toxicity tests in Appendix C to 

part 300. All manufacturers incur costs on a one-time only basis to list products on the Schedule.

The manufacturers with products that are on the current Schedule will be required to retest their 

products using the new efficacy and toxicity tests. The manufacturers of new products will be 

required to test their products using the new test methods and meet the new testing criteria.

EPA will make product listing determinations based on a technical evaluation of all data 

and information submitted, relevant information on impacts or potential impacts of the product 

or any of its components on human health or the environment, and the intended use of the 

product.

It is estimated that updated information for the existing 99 products will be submitted to 

EPA over a two-year transition period to comply with the revised regulations. Additionally, it is 

estimated that 10 new products per year will be submitted to EPA for listing on the Schedule. 

Further, EPA estimates that approximately 10 manufacturers will submit information to obtain 

sorbent certifications. The average annual public reporting burden over the three-year ICR period

will be 721 hours. The total annual cost (including labor and non-labor) to manufacturers under 

Subpart J is estimated to be $584,504.

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 other substances 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 On-Scene Coordinators (OSCs), Regional Response 

Teams (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 Regional Contingency 

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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. 

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 currently requires the manufacturer to 

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

and, submit certain product information to the EPA. The Agency is proposing to revise the 

product technical and data requirements as follows:

General Product Information for Schedule Listing. Revise and establish requirements, 

including designation of and testing for all product categories under which the listing is 

requested, Safety Data Sheets, sample product labels, shelf life, collection and recovery, 

persistence in the environment, storage and use conditions, physical and chemical properties, 

component identities, concentration limits on National Water Quality Criteria and Standards 

contaminants, laboratory accreditations, submission of all testing data and calculations, 

production capabilities, and any other data or certification informing the product’s performance 

capabilities or environmental benefits.

Dispersant Testing and Listing Requirements. Revise the efficacy testing methodology 

using a baffled flask test, establish new developmental and sub-chronic toxicity testing 

requirements, revise the acute toxicity testing methodologies, revise the listing criteria, and 

establish use limitations to saltwater environments.

Surface Washing Agent Testing and Listing Requirements. Revise the acute toxicity 

testing methodology and listing requirements, establish efficacy testing requirements and listing 

criteria, and establish use limitations based on product testing for salt and/or freshwater 

environments.

Bioremediation Agent Testing and Listing Requirements. Revise the efficacy and acute 

toxicity testing methodologies and listing criteria, establish exceptions for specified nonproprietary products, and establish use limitations based on product testing for salt and/or 

freshwater environments.

Solidifier and Herding Agent Testing and Listing Requirements. Revise the acute toxicity 

testing methodology and listing criteria, and establish use limitations based on product testing for 

salt and/or freshwater environments.

Sorbent Requirements. Establish a list of known, non-proprietary sorbents to be made 

publicly available in lieu of listing sorbents on the Schedule, and requirements for data and 

information for sorbent products with components other than those specifically identified in the 

rule.

Addition of a Product to the Schedule. Revise the submission requirements including the 

package contents, EPA’s review of submission package, request for review of decision, changes 

3
to a product listing, and transitioning of listed products from the current Schedule to the new 

Schedule.

Appendix C to part 300. Revise the requirements for product testing protocols and 

summary test data including new dispersant baffled flask efficacy and toxicity tests; new 

standard acute toxicity tests for bioremediation agents, surface washing agents, herding agents, 

and solidifiers; and revised bioremediation agent efficacy test.

Additionally, the Agency is proposing to establish monitoring requirements for the 

responsible party when dispersants are used in response to major discharges and/or to certain 

dispersant use situations. 

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 

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 at a national level, therefore, there is no duplication.

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

EPA will provide public notice by means of a Federal Register Notice of Final 

Rulemaking.

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3(c) Consultations

In developing this 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. Specifically, many of the cost 

estimates used in the analysis are based on a limited number of consultations with commercial 

laboratories and manufacturers that provided feedback on EPA’s assumptions. The data provided 

by these consultations represent, in most cases, anecdotal information and may not capture the 

full range of costs faced by manufacturers and laboratories. In addition, labor hours and wage 

rates estimated for each information collection activity may vary across 

manufacturers. Nevertheless, they represent a reasonable average for the purposes of the 

analysis. 

Results of Calls to Labs

Company Phone Number Comments Results

Coastal Bioanalysts, Inc. 804-694-8285

This lab only conducts toxicity 

testing. The lab agreed that the 

toxicity test cost was reasonable

$3,500.

Bonner Analytical Testing 

Company 601-264-2854 All testing except toxicity

Bioremediation efficacy 

$12-19,000

SFT $2,500

Pacific EcoRisk 707-207-7760 Lab has more certifications than 

most so they charge more

LC50 $4,200

All physical properties 

such as flash point 

$1,200

Results of Calls to Manufacturers

Company Phone Number Comments Results

Dispersants

AGS Solutions Inc. 713-645-4933 About 40 hours to list dispersant Tox $3500

SFT $2,500

Surface Washing Agents

Superall Products LLP 281-351-4800 The appropriate individual will assess 

the reasonableness of the burden hours.

The manufacturer 

gave burden hours 

similar to our 

estimates.

MAG7 Venture Group 855- 255-6247

Tox $2,200

Analytical $945 for

2 products

Bioremediation

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Results of Calls to Manufacturers

Company Phone Number Comments Results

WMI International Inc. 713-956-4001

Confirmed that an effectiveness test 

costs is in line with EPA estimates. No 

response on burden hours.

$15,000 for 

efficacy

Teamwork Distributing 780-968-5367 This is during BP so EPA considers this 

an anomaly.

$28,000 for 

efficacy.

30 hours of burden.

3(d) Effects of Less Frequent Collection

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

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

currently listed on the Schedule is changed, or to update existing product testing data and 

information to come into compliance with the amended regulatory requirements. Because 

collection is not periodic, less frequent collection is not possible.

3(e) General Guidelines

The information collection activities discussed in this 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 is proposing to 

revise the allowable confidential business information claims and reporting procedures, but will 

continue to 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.

4. The Respondents and the Information Requested

4(a) Respondents/SIC and NAICS Codes

Respondents include, but are not limited to, manufacturers of dispersants, surface 

washing agents, bioremediation agents, solidifiers, herding agents, other chemical agents, and 

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other substances 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.

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EXHIBIT 1

Proposed Data Items Required Under the Revised NCP Subpart J

Response Form Items Respondent 

Activity

Oil Spill Mitigating Agent

BA D MA* SCA

*

SWA

SDS form review and submission Simple 

Information X X X X X

Sample product label Simple 

Information X X X X X

Chemical and biological agent category Short Answer X X X X X

Product use Narrative 

Answer X X X X X

Information on persistence, bioconcentration, bioaccumulation, 

and biodegradability

Narrative 

Answer X X X X X

Certification that the product meets the National Ambient Water 

Quality Criteria and does not contain prohibited agents

Narrative 

Answer X X X X X

Product volume capacity Simple 

Information X X X X X

Recognition under EPA’s Design for the Environment (DfE) Simple 

Information X X X X X

International product testing, use data or certifications Short Answer X X X X X

Results of new and revised efficacy tests set forth in Appendix C 

of the NCP: dispersants, surface washing agents, bioremediation 

agents

Narrative 

Answer X X X X X

Results of revised toxicity tests set forth in Appendix C of the 

NCP: dispersants, surface washing agents, bioremediation agents, 

solidifiers, herding agents

Narrative 

Answer X X X X X

Key: BA = Bioremediation Agent, D = Dispersant, MA = Miscellaneous Agent, SCA = Surface Collecting Agent and 

SWA = Surface washing Agent

* The definitions for MOSCA and SCA would be removed under the proposed rule. Herders and Solidifiers would be 

added; the proposed data requirements are the same.

Note: Manufacturers of sorbents with one or more substances not identified in 300.915(g)(1) would submit information.

(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. Effectiveness 

and toxicity tests, where applicable, require respondents to send products to a laboratory for 

testing.

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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 and technical support; and

• Managerial review.

Under Subpart J, the respondent must also notify EPA when the composition, 

formulation, application, or contact information of a product currently listed on the Schedule. 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 performs the following activities:

• Receive and process the application package for completeness and procedural 

accuracy; 

• Conduct a technical evaluation of the data and information submitted, relevant 

information on potential impacts on human health and the environment, and the 

intended use of the product;

• Notify the respondent in writing of the decision of listing the product on the 

Schedule, or of a rejection decision and supporting rationale; and

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

upon request.

EPA reserves the right to make a determination on whether the product will be listed, and 

under which category. If a product is rejected for listing on the Schedule, the respondent may 

request that the EPA Administrator review the determination. The EPA Administrator may 

remove a product from the Schedule for reasons including, but not limited to: misleading, 

inaccurate, or incorrect statements within the product submission; alterations to the chemical 

components, concentrations, or use conditions of the product without proper notification to EPA; 

failure to print the required disclaimer on all labels, advertisements, or technical literature; new 

or previously unknown relevant information concerning the impacts or potential impacts of the 

product to human health or the environment. The Agency will notify the respondent in writing 

and the respondent mat appeal within 30 days.

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5(b) Collection Methodology and Management

Respondents submit the required technical data and product information to EPA in hard 

copy. If the product is listed by EPA, the product information is entered electronically on the 

Schedule. This information is made available through the Agency’s website and other electronic 

means to ensure that emergency planners and responders can obtain the information as 

efficiently as possible. 

5(c) Small Entity Flexibility

About 94 percent of the 65 manufacturers with listed products on the June 28, 2011 

Schedule and with adequate D&B data are small businesses. 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 toxicity and effectiveness threshold requirements, and the requirements for 

technical data and use information for listing products on the Schedule 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. The respondent must notify EPA 

in writing within 30 days of any changes to information submitted under Subpart J for a product 

on the Schedule.

6. Estimating the Burden and Cost of the Collection

6(a) Estimating Respondent Burden

This section presents the respondent burden and cost for the three-year period of the ICR, 

including the transition period to comply with the information collection activities under the 

proposed NCP Subpart J. Respondents are manufacturers expected to submit products for listing 

on the Schedule.

There are 65 manufacturers and 99 products (22 bioremediation agents, 15 dispersants, 

13 miscellaneous agents, and 49 surface washing agents and surface collecting agents) listed on 

the June 28, 2011 Schedule.1 Over the two-year transition period, EPA anticipates manufacturers 

will apply to re-list all 99 products currently on the Schedule. Additionally, EPA estimates that 

manufacturers will apply to list 10 new products on the Schedule each year, including 

2 bioremediation agents, 2 dispersants, 3 solidifiers, 3 herding agent and surface washing agents. 

1 99 products were listed on the June 28, 2011 U.S. Environmental Protection Agency National Contingency Plan Product 

Schedule, prepared by U.S. EPA Office of Emergency Management Regulations Implementation Division, 1200 

Pennsylvania Avenue, NW (5104A), Washington, DC 20460. http://www.epa.gov/oem/content/ncp.

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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 are listed by EPA.

Exhibit 2 and Exhibit 3 provide the respondent hour per-product. The proposed Subpart J 

rule would require all manufacturers to read and understand the proposed Subpart J rule. While 

manufacturers that are new to the Schedule may incur more burden than existing manufacturers 

in order to orient and familiarize themselves with the revised NCP Subpart J as a whole, for this 

analysis EPA assumes that on average manufacturers of existing and new products would spend 

2.5 hours to read and understand the relevant sections of the proposed Subpart J requirements. 

Manufacturers of products already on the Schedule would incur the burden of submitting 

data to EPA associated with the additional proposed general and agent-specific revisions. 

Manufacturers that apply to list a new product on the Schedule would incur the burden of 

preparing and submitting all existing and additional proposed data requirements detailed in 

Exhibit 1. This ICR only presents the burden for the additional proposed data requirements, or 

incremental burden associated with the proposed NCP Subpart J. Exhibit 2 presents the labor 

hour estimates for the incremental burden resulting from the proposed rule. The burden estimates 

are presented by labor type (managerial, technical, clerical) for each product type. In addition, 

Exhibit 2 distinguishes between existing products already on the Schedule (with the option to 

submit a package to transition into the new Schedule based on the proposed classification 

categories) and for new products applying for listing. 

 

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EXHIBIT 2. Per-Unit Respondent Labor Costs for Existing Products

Technical Managerial Clerical Total Hours per 

Product

Total Labor Cost per 

Respondent per Product

Low High Avg Low High Avg Low High Avg Low High Avg Low High Avg

Read and understand Subpart Rule

Bioremediation Agents 1.5 1.5 1.5 0.5 0.5 0.5 0.5 0.5 0.5 2.5 2.5 2.5 $134 $134 $134

Dispersants 1.5 1.5 1.5 0.5 0.5 0.5 0.5 0.5 0.5 2.5 2.5 2.5 $134 $134 $134

Solidifiers, MOSCAs 1.5 1.5 1.5 0.5 0.5 0.5 0.5 0.5 0.5 2.5 2.5 2.5 $134 $134 $134

Surface Washing, Collecting 

Agents 1.5 1.5 1.5 0.5 0.5 0.5 0.5 0.5 0.5 2.5 2.5 2.5 $134 $134 $134

Prepare and Submit Documentation

Bioremediation Agents 5 15 10 1 3 2 2 5 3.5 8 23 15.5 $411 $1,205 $808

Dispersants 7 20 13.5 1.4 4 2.7 2 5 3.5 10.4 29 19.7 $553 $1,559 $1,056

Solidifiers, MOSCAs 4 13 8.5 0.8 2.6 1.7 2 5 3.5 6.8 20.6 13.7 $341 $1,064 $702

Surface Washing, Collecting 

Agents 3 11 7 0.6 2.2 1.4 2 5 3.5 5.6 18.2 11.9 $270 $922 $596

EXHIBIT 3. Per-Unit Respondent Labor Costs for New Products

Note: To prepare and submit documentation, the estimates represent the incremental burden resulting from the proposed NCP Subpart J (see RIA Exhibit 5-7B 

for burden estimates under proposed rule and RIA Exhibit 4-1A for baseline estimates). 

NA – not applicable. No change in infrequent item burden from the existing rule. 

Technical Managerial Clerical Total Hours per 

Product

Total Labor Cost Per 

Respondent Per Product

Low High Avg Low High Avg Low High Avg Low High Avg Low High Avg

Read and Understand Subpart Rule

Bioremediation Agents 2 2 2 0.5 0.5 0.5 0 0 0 2.5 2.5 2.5 $148 $148 $148

Dispersants 2 2 2 0.5 0.5 0.5 0 0 0 2.5 2.5 2.5 $148 $148 $148

Solidifiers, etc. 2 2 2 0.5 0.5 0.5 0 0 0 2.5 2.5 2.5 $148 $148 $148

Surface Washing, Herding 

Agents 2 2 2 0.5 0.5 0.5 0 0 0 2.5 2.5 2.5 $148 $148 $148

Prepare and Submit Documentation

Bioremediation Agents 12 33 22.5 2.4 6.6 4.5 7 15 11 21.4 54.6 38 $1,050 $2,766 $1,908

Dispersants 14 38 26 2.8 7.6 5.2 7 15 11 23.8 60.6 42.2 $1,192 $3,120 $2,156

Solidifiers, etc. 11 31 21 2.2 6.2 4.2 7 15 11 20.2 52.2 36.2 $980 $2,625 $1,802

Surface Washing, Herding 

Agents 9.5 28 18.75 1.9 5.6 3.75 7 15 11 18.4 48.6 33.5 $874 $2,413 $1,643

Infrequent Burden Items – NA

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Infrequent Respondent Burden Items

In addition to the data requirements listed in Exhibit 1, there are a number of infrequent 

respondent burden items in the existing Subpart J rule that would continue under the proposed 

rule. The infrequent items are sorbents, review of EPA’s decision, and retesting for changes to a 

listed product. The estimated burden hours for these items are same under the proposed rule and 

the existing rule. Therefore, the proposed rule does not result in additional burden on the 

infrequent items. 

Sorbents are not listed on the Schedule. However, known sorbent materials and products 

will be identified on a publicly available Sorbent Product List. No technical data are required for 

sorbent products that consist solely of the natural organic substances, inorganic/mineral 

compounds, and/or synthetic compounds specifically identified in Subpart J, or any combination 

thereof. Products that may meet the definition of a sorbent in Subpart J, but consist of one or 

more substances or compounds not specifically identified in the regulation, are required to 

submit technical data and information for consideration for listing it as a sorbent on the Sorbent 

Product List.

EPA will continue to allow manufacturers to request a review of EPA’s decision not to 

list or re-list a product on the Schedule and to reformulate their product and resubmit information 

to EPA if a product fails to be listed. EPA will also continue to require manufacturers to re-test 

and resubmit supporting documentation if information is missing or contains errors. 

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

EPA derived the labor wages from the U.S. Department of Labor, March 2011 Employer 

Costs for Employee Compensation (ECEC) data in Table 11 – Private industry, by occupational 

group and full-time and part-time status3

. ECEC measures the average cost per employee hour 

worked that a manufacturer pays for in wages, salaries and benefits. Hourly ECEC includes 

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

and savings, and legally required benefits. These wage rates reflect private industry averages, 

which were estimated by the Bureau of Labor Statistics based on a sample survey of 58,700

occupations within 12,400 establishments in the private sector. EPA applied an overhead rate of 

17 percent to hourly ECEC for management, technical, and clerical employees: 

Managerial $67.67 ($57.84 + 17%) 

Technical $57.21 ($48.90 + 17%)

Clerical $28.78 ($24.60 + 17%)

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

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

2011, accessed at http://www.bls.gov/news.release/pdf/ecec.pdf July 21, 2011 .

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

Manufacturers

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

The proposed revisions to Subpart J involve changes to the effectiveness and toxicity 

tests currently required in part 300.915 and Appendix C to part 300 of the NCP. Because 

manufacturers are purchasing services (laboratory testing), the laboratory-testing costs are 

characterized as operating and maintenance (O&M) costs. 

• The dispersant effectiveness test will cost an estimated $2,200 for each product using 

the baffled flask method. 

• The protocol for effectiveness testing of bioremediation agents under Subpart J for 

both fresh and saltwater is estimated to cost $10,750.

• EPA estimates that the toxicity test required for dispersants, bioremediation agents, 

solidifiers, herding agents, and surface washing agents costs $5,150 per product.

• EPA estimates that the dispersant developmental sea urchin test costs $3,000 per 

product. 

• EPA estimates that the dispersant sub-chronic test and the dispersant to oil mixture 

test could $3,350 and $4,500 per product, respectively. 

Monitoring Requirement

The monitoring provisions of the proposed NCP Subpart J include in-situ oil droplet size 

distribution and in-situ fluorometry and fluorescence signatures targeted to the type of oil 

discharged and referenced against the source oil. The National Research Council (NRC) report 

on oil spill dispersants estimates that a monitoring program cost for a field trial of dispersant 

effectiveness is about $500,000. For this ICR, we have estimated that monitoring an oil 

discharge for dispersants is about $500,000 annually, the estimated costs for field trial 

monitoring in NRC, to be conservative. These costs can vary significantly depending upon the 

frequency, volume, duration and location of oil discharges. Note that the respondents for the 

monitoring requirements are the oil spill responsible party, different from the product 

manufacturers that want to list a product on the Schedule.

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 the 

revised NCP Subpart J. These estimates represent incremental costs associated with 

implementing the proposed regulations. EPA’s burden is 26.5 hours per re-listing of existing 

product and 6.5 hours per listing of new product.

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EXHIBIT 4

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

INFORMATION COLLECTION ACTIVITY

Burden Hours 

($50.39)1,2

Cost Per 

Product

Existing Products

Process submitted data 10.5 $529.10

Review data for listing 9 $453.51

Notify respondent of decision 4 $201.56

Store data 3 $151.17

UNIT BURDEN for Existing Products 26.5 $1,335.34

New Products

Additional time to process and review data 6.5 $327.54

UNIT BURDEN for New Products 6.5 $327.54

1 Based on the 2012 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.

2

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

each oil spill mitigation agent type.

Based on the 2012 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.5 To 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 $1,335 for existing 

products and $328 for new products.

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

Estimated Total Annual Burden and Costs for All Respondents

Exhibit 8 through 10 at the end of this document present the total respondent burden and 

cost associated with the proposed rule for each year of the ICR period. The total annual burden is 

arrived at by multiplying the average unit burden by the estimated frequency of responses per 

year for each oil spill mitigating agent type. The average annual burden under the proposed NCP 

Subpart J will be 721 hours and $584,504. The respondent burden cost includes $500,000 per 

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

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

15

 
year in oil discharge monitoring cost for dispersants. The proposed rule will not result in 

additional burden to sorbent manufacturers. 

The average number of responses expected annually over the ICR period is estimated to 

be 43, as shown in Exhibit 5 below. The number of responses is the estimated number of 

applications for listing on the Schedule over the three-year ICR period. It is estimated that all 

manufacturers of existing products will submit applications to re-list their products during the 

initial two-year transition period, and that manufacturers will apply to list an average of 10 new 

products per year. 

EXHIBIT 5

Number of Responses

Compliance Period

Number of Responses Total Number of 

Existing Products Responses

(Re-submission) New Products

Year 1 59 10 69

Year 2 40 10 50

Year 3 0 10 10

Average 43

Estimated Total Annual Burden and Cost to EPA

The annual costs to EPA under the proposed NCP Subpart J are presented in Exhibit 11

through 13 for each year of the ICR period. The annual agency burden is determined by 

multiplying the unit agency burden in Exhibit 4 by the expected frequency of applications. The 

average annual burden to EPA under the proposed NCP Subpart J will be approximately 940 

hours per year. 

The annual cost to EPA is determined by multiplying the unit cost by the frequency of 

response. The average annual cost to EPA under the proposed NCP Subpart J will be $47,341.

6(e) Bottom Line Burden Hours and Costs

The total respondent burden and costs for each of the three years of the ICR period are 

summarized in Exhibit 6. O&M costs vary depending on product type and the test(s) required. 

For the ICR period, the average annual respondent burdens are 721 hours and $37,509. The 

labor costs include the costs across all wage categories (management, technical, or clerical). 

There is no capital/start-up costs associated with this ICR. The average annual O&M 

costs for respondents are $575,400, which includes an annual oil discharge monitoring program 

cost of $500,000 per year. These estimates are the incremental burden and cost imposed by the 

proposed rule. 

16
EXHIBIT 6

Summary of Respondent Burden and Cost Estimates under Subpart J Revisions

Compliance 

Period

No. of Existing 

Products 

(Resubmission)

No. of New 

Products

Labor 

Hours Labor Cost Capital and 

O&M Total Cost

Year 1 59 10 1,153 $59,920 $1,053,700 $1,113,620

Year 2 40 10 836 $43,503 $900,350 $943,853

Year 3 0 10 172 $9,104 $575,400 $584,504

Average 721 $37,509 $575,400 $584,504

As shown in Exhibit 7, the proposed Subpart J average annual burden for EPA is 940 

hours. The average annual labor costs for EPA are $47,341.

EXHIBIT 7

Summary of EPA Burden and Cost Estimates under Subpart J Revisions

Compliance Period EPA Hours EPA Cost

Year 1 1,629 $82,060

Year 2 1,125 $56,689

Year 3 65 $3,275

Average 940 $47,341

6(f) Reasons for the Change in Burden

Not applicable. This is a new information collection. The burden estimates included in 

this ICR represent the incremental burden resulting from the proposed Subpart J revisions. 

6(g) Burden Statement

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

product under the proposed NCP Subpart J is estimated to have an average public reporting 

burden of 17 hours per response over the three-year ICR period. The estimate varies depending 

on the type of product to be listed. The proposed rule does not incur additional burden for 

sorbent certifications. Further, there is no required recordkeeping burden associated with listing 

a product on the NCP Product Schedule. Overall, the annual public reporting and recordkeeping 

burden for this collection of information is estimated to average 17 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; train personnel to be able 

17
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-2006-0090, 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-2006-0090 and OMB Control Number 

2050-0141 in any correspondence.

18
EXHIBIT 8

Estimated Total Burden and Costs for All Respondents – Year 1

Burden Item

Per Product Cost Total Burden and Cost

Technical 

Hr.

Managerial 

Hr.

Clerical 

Hr.

Avg. 

Labor 

Hours 

per 

Product

Labor 

Cost 

per 

Product

Capital 

/ 

Startup 

Cost

O&M 

Costs

No. of 

Products

Total 

Labor 

Hours

Total 

Labor 

Cost

Total 

O&M 

Cost

Total Cost

Existing Products

Read and understand Subpart Rule

Bioremediation Agents 1.5 0.5 0.5 2.5 $134 13 33 $1,743 $1,743

Dispersants 1.5 0.5 0.5 2.5 $134 9 23 $1,206 $1,206

Solidifiers, MOSCAs 1.5 0.5 0.5 2.5 $134 8 20 $1,072 $1,072

Surface Washing, Collecting 

Agents 1.5 0.5 0.5 2.5 $134 29 73 $3,887 $3,887

Prepare and Submit 

Documentation 0 $0

Bioremediation Agents 10 2 3.5 15.5 $808 13 202 $10,506 $10,506

Dispersants 13.5 2.7 3.5 19.7 $1,056 9 177 $9,502 $9,502

Solidifiers, MOSCAs 8.5 1.7 3.5 13.7 $702 8 110 $5,616 $5,616

Surface Washing, Collecting 

Agents 7 1.4 3.5 11.9 $596 29 345 $17,282 $17,282

Efficacy Tests $0

Bioremediation Salt/Freshwater 

Efficacy * $0 $10,750 13 $69,875 $69,875

Revised Dispersant Efficacy $0 $2,200 9 $19,800 $19,800

Toxicity Tests $0

Bioremediation Agents 

Salt/Freshwater Toxicity * $0 $5,150 13 $100,425 $100,425

Dispersant Developmental Sea 

Urchin Test $0 $3,000 9 $27,000 $27,000

Dispersant Sub-chronic Test $0 $3,350 9 $30,150 $30,150

Dispersant to Oil Mixture Test $0 $4,500 9 $40,500 $40,500

Solidifiers, MOSCAs Freshwater 

Toxicity $0 $5,150 8 $41,200 $41,200

19
Burden Item

Per Product Cost Total Burden and Cost

Technical 

Hr.

Managerial 

Hr.

Clerical 

Hr.

Avg. 

Labor 

Hours 

per 

Product

Labor 

Cost 

per 

Product

Capital 

/ 

Startup 

Cost

O&M 

Costs

No. of 

Products

Total 

Labor 

Hours

Total 

Labor 

Cost

Total 

O&M 

Cost

Total Cost

Surface Washing Agents 

Freshwater Toxicity $0 $5,150 29 $149,350 $149,350

SUBTOTAL FOR EXISTING 

PRODUCTS 981 $50,815 $478,300 $529,115

New Products

Read and Understand Subpart Rule

Bioremediation Agents 2 0.5 0 2.5 $148 2 5 $297 $297

Dispersants 2 0.5 0 2.5 $148 2 5 $297 $297

Solidifiers, etc. 2 0.5 0 2.5 $148 3 8 $445 $445

Surface Washing, Herding Agents 2 0.5 0 2.5 $148 3 8 $445 $445

Prepare and Submit 

Documentation $0

Bioremediation Agents 10 2 3.5 15.5 $808 2 31 $1,616 $1,616

Dispersants 13.5 2.7 3.5 19.7 $1,056 2 39 $2,112 $2,112

Solidifiers, etc. 8.5 1.7 3.5 13.7 $702 3 41 $2,106 $2,106

Surface Washing, Herding Agents 7 1.4 3.5 11.9 $596 3 36 $1,788 $1,788

Infrequent Burden Items $0

Sorbent Review 0 0 0 0 $0 10 0 $0 $0

Re-test 0 0 0 0 $0 2 0 $0 $0

Request for Review of EPA 

Decision 0 0 0 0 $0 2 0 $0 $0

Reformulate Product and ReSubmit Required Data 0 0 0 0 $0 1 0 $0 $0

Efficacy Tests $0

Bioremediation Salt/Freshwater 

Efficacy $0 $10,750 2 $2,250 $2,250

Revised Dispersant Efficacy $0 $2,200 2 $5,100 $5,100

Toxicity Tests $0

20
Burden Item

Per Product Cost Total Burden and Cost

Technical 

Hr.

Managerial 

Hr.

Clerical 

Hr.

Avg. 

Labor 

Hours 

per 

Product

Labor 

Cost 

per 

Product

Capital 

/ 

Startup 

Cost

O&M 

Costs

No. of 

Products

Total 

Labor 

Hours

Total 

Labor 

Cost

Total 

O&M 

Cost

Total Cost

Bioremediation Agents 

Salt/Freshwater Toxicity * $0 $5,150 2 $15,450 $15,450

Dispersant Saltwater Toxicity ** $0 $5,150 2 $0 $0

Dispersant Developmental Sea 

Urchin Test $0 $3,000 2 $6,000 $6,000

Dispersant Sub-chronic Test $0 $3,350 2 $6,700 $6,700

Dispersant to Oil Mixture Test $0 $4,500 2 $9,000 $9,000

Solidifiers, etc. Saltwater & 

Freshwater Toxicity ** $0 $5,150 3 $15,450 $15,450

Surface Washing Agents, Herding 

Agents Saltwater & Freshwater 

Toxicity ** $0 $5,150 3 $15,450 $15,450

SUBTOTAL FOR NEW 

PRODUCTS 172 $9,104 $75,400 $84,504

RP Monitoring (SONS) $500,000 $500,000

TOTAL BURDEN AND COST 1,153 $59,920 $1,053,700 $1,113,620

* For these O&M items, the respondents are assumed to have to do multiple tests, so the annual cost is not simply equal to the unit cost times the number of respondents.

** The total O&M costs reflect the incremental cost of the proposed Subpart J rule only, rather than the full testing cost per product.

21
EXHIBIT 9

Estimated Total Burden and Costs for All Respondents – Year 2

Burden Item

Per Product Cost Total Burden and Cost

Technical 

Hr.

Managerial

Hr.

Clerical 

Hr.

Avg. 

Labor 

Hours 

per 

Product

Labor 

Cost 

per 

Product

Capital 

/ 

Startup 

Cost

O&M 

Costs

No. of 

Products

Total 

Labor 

Hours

Total 

Labor 

Cost

Total 

O&M 

Cost

Total 

Cost

Existing Products

Read and understand Subpart Rule

Bioremediation Agents 1.5 0.5 0.5 2.5 $134 9 22.5 $1,206 $1,206

Dispersants 1.5 0.5 0.5 2.5 $134 6 15 $804 $804

Solidifiers, MOSCAs 1.5 0.5 0.5 2.5 $134 5 12.5 $670 $670

Surface Washing, Collecting Agents 1.5 0.5 0.5 2.5 $134 20 50 $2,681 $2,681

Prepare and Submit Documentation 0 $0

Bioremediation Agents 10 2 3.5 15.5 $808 9 139.5 $7,274 $7,274

Dispersants 13.5 2.7 3.5 19.7 $1,056 6 118.2 $6,335 $6,335

Solidifiers, MOSCAs 8.5 1.7 3.5 13.7 $702 5 68.5 $3,510 $3,510

Surface Washing, Collecting Agents 7 1.4 3.5 11.9 $596 20 238 $11,919 $11,919

Efficacy Tests $0

Bioremediation Salt/Freshwater 

Efficacy * $0 $10,750 9 $48,375 $48,375

Revised Dispersant Efficacy $0 $2,200 6 $13,200 $13,200

Toxicity Tests $0

Bioremediation Agents Salt/Freshwater 

Toxicity * $0 $5,150 9 $69,525 $69,525

Dispersant Developmental Sea Urchin 

Test $0 $3,000 6 $18,000 $18,000

Dispersant Sub-chronic Test $0 $3,350 6 $20,100 $20,100

Dispersant to Oil Mixture Test $0 $4,500 6 $27,000 $27,000

Solidifiers, MOSCAs Freshwater 

Toxicity $0 $5,150 5 $25,750 $25,750

22
Burden Item

Per Product Cost Total Burden and Cost

Technical 

Hr.

Managerial

Hr.

Clerical 

Hr.

Avg. 

Labor 

Hours 

per 

Product

Labor 

Cost 

per 

Product

Capital 

/ 

Startup 

Cost

O&M 

Costs

No. of 

Products

Total 

Labor 

Hours

Total 

Labor 

Cost

Total 

O&M 

Cost

Total 

Cost

Surface Washing Agents Freshwater 

Toxicity $0 $5,150 20 $103,000 $103,000

SUBTOTAL FOR EXISTING 

PRODUCTS 664.2 $34,399 $324,950 $359,349

New Products

Read and Understand Subpart Rule

Bioremediation Agents 2 0.5 0 2.5 $148 2 5 $297 $297

Dispersants 2 0.5 0 2.5 $148 2 5 $297 $297

Solidifiers, etc. 2 0.5 0 2.5 $148 3 7.5 $445 $445

Surface Washing, Herding Agents 2 0.5 0 2.5 $148 3 7.5 $445 $445

Prepare and Submit Documentation $0

Bioremediation Agents 10 2 3.5 15.5 $808 2 31 $1,616 $1,616

Dispersants 13.5 2.7 3.5 19.7 $1,056 2 39.4 $2,112 $2,112

Solidifiers, etc. 8.5 1.7 3.5 13.7 $702 3 41.1 $2,106 $2,106

Surface Washing, Herding Agents 7 1.4 3.5 11.9 $596 3 35.7 $1,788 $1,788

Infrequent Burden Items $0

Sorbent Review 0 0 0 0 $0 10 0 $0 $0

Re-test 0 0 0 0 $0 2 0 $0 $0

Request for Review of EPA Decision 0 0 0 0 $0 2 0 $0 $0

Reformulate Product and Re-Submit 

Required Data 0 0 0 0 $0 1 0 $0 $0

Efficacy Tests $0

Bioremediation Salt/Freshwater 

Efficacy ** $0 $10,750 2 $2,250 $2,250

Revised Dispersant Efficacy ** $0 $2,200 2 $5,100 $5,100

Toxicity Tests $0

23
Burden Item

Per Product Cost Total Burden and Cost

Technical 

Hr.

Managerial

Hr.

Clerical 

Hr.

Avg. 

Labor 

Hours 

per 

Product

Labor 

Cost 

per 

Product

Capital 

/ 

Startup 

Cost

O&M 

Costs

No. of 

Products

Total 

Labor 

Hours

Total 

Labor 

Cost

Total 

O&M 

Cost

Total 

Cost

Bioremediation Agents Salt/Freshwater 

Toxicity * $0 $5,150 2 $15,450 $15,450

Dispersant Saltwater Toxicity ** $0 $5,150 2 $0 $0

Dispersant Developmental Sea Urchin 

Test $0 $3,000 2 $6,000 $6,000

Dispersant Sub-chronic Test $0 $3,350 2 $6,700 $6,700

Dispersant to Oil Mixture Test $0 $4,500 2 $9,000 $9,000

Solidifiers, etc. Saltwater & Freshwater 

Toxicity ** $0 $5,150 3 $15,450 $15,450

Surface Washing Agents, Herding 

Agents Saltwater & Freshwater Toxicity 

** $0 $5,150 3 $15,450 $15,450

SUBTOTAL FOR NEW PRODUCTS 172.2 $9,104 $75,400 $84,504

RP Monitoring (SONS) $500,000 $500,000

TOTAL BURDEN AND COST 836 $43,503 $900,350 $943,853

* For these O&M items, the respondents are assumed to have to do multiple tests, so the annual cost is not simply equal to the unit cost times the number of respondents.

** The total O&M costs reflect the incremental cost of the proposed Subpart J rule only, rather than the full testing cost per product.

24
EXHIBIT 10

Estimated Total Burden and Costs for All Respondents – Year 3

Burden Item

Per Product Cost Total Burden and Cost

Technical 

Hr.

Managerial 

Hr.

Clerical 

Hr.

Avg. 

Labor 

Hours 

per 

Product

Labor 

Cost 

per 

Product

Capital 

/ 

Startup 

Cost

O&M 

Costs

No. of 

Products

Total 

Labor 

Hours

Total 

Labor 

Cost

Total 

O&M 

Cost

Total 

Cost

Existing Products

Read and understand Subpart Rule

Bioremediation Agents 1.5 0.5 0.5 2.5 $134 0 0 $0 $0

Dispersants 1.5 0.5 0.5 2.5 $134 0 0 $0 $0

Solidifiers, MOSCAs 1.5 0.5 0.5 2.5 $134 0 0 $0 $0

Surface Washing, Collecting 

Agents 1.5 0.5 0.5 2.5 $134 0 0 $0 $0

Prepare and Submit 

Documentation 0 $0

Bioremediation Agents 10 2 3.5 15.5 $808 0 0 $0 $0

Dispersants 13.5 2.7 3.5 19.7 $1,056 0 0 $0 $0

Solidifiers, MOSCAs 8.5 1.7 3.5 13.7 $702 0 0 $0 $0

Surface Washing, Collecting 

Agents 7 1.4 3.5 11.9 $596 0 0 $0 $0

Efficacy Tests $0

Bioremediation Salt/Freshwater 

Efficacy $0 $10,750 0 $0 $0

Revised Dispersant Efficacy $0 $2,200 0 $0 $0

Toxicity Tests $0 $0

Bioremediation Agents 

Salt/Freshwater Toxicity $0 $5,150 0 $0 $0

Dispersant Developmental Sea 

Urchin Test $0 $3,000 0 $0 $0

Dispersant Sub-chronic Test $0 $3,350 0 $0 $0

Dispersant to Oil Mixture Test $0 $4,500 0 $0 $0

25
Burden Item

Per Product Cost Total Burden and Cost

Technical 

Hr.

Managerial 

Hr.

Clerical 

Hr.

Avg. 

Labor 

Hours 

per 

Product

Labor 

Cost 

per 

Product

Capital 

/ 

Startup 

Cost

O&M 

Costs

No. of 

Products

Total 

Labor 

Hours

Total 

Labor 

Cost

Total 

O&M 

Cost

Total 

Cost

Solidifiers, MOSCAs Freshwater 

Toxicity $0 $5,150 0 $0 $0

Surface Washing Agents 

Freshwater Toxicity $0 $5,150 0 $0 $0

SUBTOTAL FOR EXISTING 

PRODUCTS 0 $0 $0 $0

New Products

Read and Understand Subpart Rule

Bioremediation Agents 2 0.5 0 2.5 $148 2 5 $297 $297

Dispersants 2 0.5 0 2.5 $148 2 5 $297 $297

Solidifiers, etc. 2 0.5 0 2.5 $148 3 7.5 $445 $445

Surface Washing, Herding Agents 2 0.5 0 2.5 $148 3 7.5 $445 $445

Prepare and Submit 

Documentation $0

Bioremediation Agents 10 2 3.5 15.5 $808 2 31 $1,616 $1,616

Dispersants 13.5 2.7 3.5 19.7 $1,056 2 39.4 $2,112 $2,112

Solidifiers, etc. 8.5 1.7 3.5 13.7 $702 3 41.1 $2,106 $2,106

Surface Washing, Herding Agents 7 1.4 3.5 11.9 $596 3 35.7 $1,788 $1,788

Infrequent Burden Items $0

Sorbent Review 0 0 0 0 $0 10 0 $0 $0

Re-test 0 0 0 0 $0 2 0 $0 $0

Request for Review of EPA 

Decision 0 0 0 0 $0 2 0 $0 $0

Reformulate Product and ReSubmit Required Data 0 0 0 0 $0 1 0 $0 $0

Efficacy Tests $0

26
Burden Item

Per Product Cost Total Burden and Cost

Technical 

Hr.

Managerial 

Hr.

Clerical 

Hr.

Avg. 

Labor 

Hours 

per 

Product

Labor 

Cost 

per 

Product

Capital 

/ 

Startup 

Cost

O&M 

Costs

No. of 

Products

Total 

Labor 

Hours

Total 

Labor 

Cost

Total 

O&M 

Cost

Total 

Cost

Bioremediation Salt/Freshwater 

Efficacy ** $0 $10,750 2 $2,250 $2,250

Revised Dispersant Efficacy ** $0 $2,200 2 $5,100 $5,100

Toxicity Tests $0

Bioremediation Agents 

Salt/Freshwater Toxicity * $0 $5,150 2 $15,450 $15,450

Dispersant Saltwater Toxicity ** $0 $5,150 2 $0 $0

Dispersant Developmental Sea 

Urchin Test $0 $3,000 2 $6,000 $6,000

Dispersant Sub-chronic Test $0 $3,350 2 $6,700 $6,700

Dispersant to Oil Mixture Test $0 $4,500 2 $9,000 $9,000

Solidifiers, etc. Saltwater & 

Freshwater Toxicity ** $0 $5,150 3 $15,450 $15,450

Surface Washing Agents, Herding 

Agents Saltwater & Freshwater 

Toxicity ** $0 $5,150 3 $15,450 $15,450

SUBTOTAL FOR NEW 

PRODUCTS 172.2 $9,104 $75,400 $84,504

RP Monitoring (SONS) $500,000 $500,000

TOTAL BURDEN AND COST 172 $9,104 $575,400 $584,504

* For these O&M items, the respondents are assumed to have to do multiple tests, so the annual cost is not simply equal to the unit cost times the number of respondents.

** The total O&M costs reflect the incremental cost of the proposed Subpart J rule only, rather than the full testing cost per product.

27
EXHIBIT 11

Estimated Total EPA Burden and Costs – Year 1

Burden Item EPA Hours 

per Product

EPA Cost per 

Product

Number of 

Products

Total EPA 

Hours Total Cost 

Existing Products

Process submitted data 10.5 $529.10 59 620 $31,216.61

Review data to make a listing determination 9 $453.51 59 531 $26,757.09

Notify respondent of decision 4 $201.56 59 236 $11,892.04

Store data 3 $151.17 59 177 $8,919.03

New Products

Process, review, and store data; notify respondent 6.5 $327.54 10 65 $3,275.35

TOTAL EPA BURDEN 1,629 $82,060.12

EXHIBIT 12

Estimated Total EPA Burden and Costs – Year 2

Burden Item EPA Hours 

per Product

EPA Cost per 

Product

Number of 

Products

Total EPA 

Hours Total Cost 

Existing Products

Process submitted data 10.5 $529.10 40 420 $21,163.80

Review data to make a listing determination 9 $453.51 40 360 $18,140.40

Notify respondent of decision 4 $201.56 40 160 $8,062.40

Store data 3 $151.17 40 120 $6,046.80

New Products

Process, review, and store data; notify respondent 6.5 $327.54 10 65 $3,275.35

TOTAL EPA BURDEN 1,125 $56,688.75

28
EXHIBIT 13

Estimated Total EPA Burden and Costs – Year 3

Burden Item EPA Hours 

per Product

EPA Cost per 

Product

Number of 

Products

Total EPA 

Hours Total Cost 

Existing Products

Process submitted data 10.5 $529.10 0 0 $0.00

Review data to make a listing determination 9 $453.51 0 0 $0.00

Notify respondent of decision 4 $201.56 0 0 $0.00

Store data 3 $151.17 0 0 $0.00

New Products

Process, review, and store data; notify respondent 6.5 $327.54 10 65 $3,275.35

TOTAL EPA BURDEN 65 $3,275.35

29
Exhibit 14

Data Requirements for NCP Product Schedule Listing (40 CFR part 300)

Current Requirement Citations Proposed Rule Requirement Citations

§300.5 Definitions §300.5 Definitions

Subpart J – Use of Dispersants and Other 

Chemicals

Subpart J – Use of Dispersants, and Other Chemical and 

Biological Agents

§300.915 Data Requirements §300.915 Data and Information Requirements for Product 

Schedule Listing

§300.915(a)(1)-(12) Dispersants §300.915(a)(1)-(21) General Product Information

§300.915(b) Dispersant Testing and Listing Requirements

§300.915(b) Surface Washing Agents §300.915(a)(1)-(21) General Product Information

§300.915(c) Surface Washing Agent Testing and Listing 

Requirements

§300.915(c) Surface Collecting Agents Deleted

$300.915(d) Bioremediation Agents §300.915(a)(1)-(21) General Product Information

§300.915(d) Bioremediation Agent Testing and Listing 

Requirements.

§300.915(e) Burning Agents Deleted

§300.915(f) Miscellaneous Oil Spill Control 

Agents

Deleted

§300.915(g) Sorbents §300.915(g) Sorbent Listing Requirements

§300.915(h) Mixed Products Deleted

§300.915(e) Solidifier Testing and Listing Requirements, 

including §300.915(a)(1)-(21) General Product Information

§300.915(f) Herding Agent Testing and Listing Requirements, 

including §300.915(a)(1)-(21) General Product Information

§300.920 Addition of Products to Schedule §300.955 Addition of a Product to the Schedule

§300.920(a)(1) Dispersants §300.955(a) Submission

§300.915(b) Dispersant Testing and Listing Requirements

§300.920(a)(2) §300.955(c) EPA Review

§300.920(a)(3) §300.955(d) Request for Review of Decision

§300.955(b) Package Contents

§300.920(b)(1) Surface Washing Agents, 

Surface Collecting Agents, Bioremediation 

Agents, and Miscellaneous Oil Spill Control 

Agents

§300.955(a) Submission

§300.920(b)(2) §300.955(c) EPA Review

§300.920(c) §300.950 Submission of Confidential Business Information (CBI)

§300.920(d) §300.955(e) Changes to a Listed Product

§300.955(f) Transitioning Listed Products from the Current 

Schedule to the New Schedule

§300.920(e) §300.965 Mandatory Product Disclaimer

§300.970 Removal of a Product from the Schedule

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