## 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 a nd Hazardous Substances Pollution Contingency Plan ( Revisions )

ICR # 1664.10 , OMB # 2050

- 0141

1(b) Short Characterization/Abstract

This I nformation C ollection R equest (ICR) supports activities to implement the proposed

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

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

The Environmental Protecti on Agency (EPA or the Agency) regulatory requirements in

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

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

of the Unit ed 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 th at 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 shorelin es )

.

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, t o list a product on the Schedule

, 6 

## Subpart J requires the

manufacturer to conduct toxicity and effectiveness test ing 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 sub missions and list s products on the Schedule after

confirm ing 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 fi ve basic categories: dispersants, surface washing agents, surface collecting agents,

bioremediation agents, and miscellaneous oil spill control agents. According to our Regulatory

Impact Analysis (RIA), t here are 99 products currently listed on the Schedul e (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 bo th 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 c urrent 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 prod uct 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

p roduct.

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 1 0 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).

T he 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 req uired to

address the desirability of using the products on the Schedule in their Regional Contingency

2

## Plans (RCPs) and Area Contingency Plans (ACPs), respectively. The required information is

needed from the respondent so that the OSCs, RRTs, and Area Com mittees 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 E PA. 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 whic h 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 b enefits.

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 non

proprietary 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

packa ge 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 ag ent efficacy test.

Additionally, the Agency is proposing to e stablish monitoring requirements for the

responsible party when dispersant s are use d 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 spil l 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, R RTs, 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 age ncy, 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.

4

## 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 manufacturer s. 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. Nevertheles s, 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



## 5

## 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

r evise the allowable confidential business information claims and reportin g 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 In formation.” 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, solidif iers

, herding agents, other chemical agents

, and

6

## 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 chem icals (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.

7

## EXHIBIT 1

Proposed Data Items Required Under the Revised NCP Subpart J

Response Form Items Respo ndent

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) w ould 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.

8

## 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

Informat ion 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 follo wing 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, an d 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 d etermination. 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.

9

## 5(b) Collection Methodology and Management

Respondents submit the required technical data and product informat ion 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 re sponders 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

estab lishment 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 b usinesses.

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 inf ormation 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 sub mit products for listing

on the Schedule.

There are 65 manufacturers and 99 products (2 2 bioremediation agents, 1 5 dispersants,

1 3 miscellaneous agents, and 49 surface washing agents and surface collecting agents) listed on

the June 28, 2011 Schedule. 1 

## Ov er 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 biore mediation 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 Aven ue, NW (5104A), Washington, DC 20460. http://www.epa.gov/oem/content/ncp.



## 10

## 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. T he propose d 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 r evised 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 an d 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

.

11

## 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 Sub part J (see RIA Exhibit 5

- 7B

for burden estimates under proposed rule and RIA Exhibit 4

- 1A for baseline estimates).

N A

– 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



## 12

## 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 ident ified 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 in formation 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 resub mit 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 1 1

– Private industry, by occupational

group and full

- time and part

- time status 3 

## . ECEC measures the averag e 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 .



## 13

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

Manufacturers

Respondents are not expected to incur capital/start

- up costs for this ICR.

T he 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

m anufacturers 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

t he 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

discha rged 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 m onitoring 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 Cos ts

This section presents the estimated unit burden and unit cost to EP A 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

.

14

## 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 mid

point 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 multipli ed 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 b urden 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

in itial 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

Responses Existing Products

(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 fo r each year of the ICR period. The annual agency burden is determined by

multiplying the unit agency burden in Exhibit 4 by the expe cted 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 burden s are 721 hours and $37,509

. The

labor cost s include the costs across all wage categories (manage ment, technical, or clerical).

There is no capital/start

- up costs associated with this ICR. T he average annual O&M

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

cost of $50 0,000 per year

. These estimate s 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

(Re

submission) N o. 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 a n average public reporting

burden of 17 hours per response over the three

- year ICR period. The estimate varie s depending

on the type of product to be lis ted

. The proposed rule does not incur additional burden for

sorbent certification s. Further, t here is no required recordkeeping burden associated with listing

a product on the NCP Product Schedule. Overall, th e 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 in structions 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 spo nsor, 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 Agen cy'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 I D 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 electro nic

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 avail able 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



## 19Burden 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 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



## 20Burden 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 th e 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



## 22Burden 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



## 23Burden 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 pe r 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



## 25Burden 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 Re

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

Efficacy Tests $0



## 26Burden 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 pe r 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 1 4

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 Re quirements,

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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