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[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Notices]
[Pages 22256-22257]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08702]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPA-2007-0042; FRL-9802-2]

Proposed Information Collection Request; Comment Request; The 
National Oil and Hazardous Substances Pollution Contingency Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an 
information collection request (ICR), The National Oil and Hazardous 
Substances Pollution Contingency Plan (EPA ICR No. 1664.09, OMB Control 
No. 2050-0141) to the Office of Management and Budget (OMB) for review 
and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.). Before doing so, EPA is soliciting public comments on 
specific aspects of the proposed information collection as described 
below. This is a proposed extension of the ICR, which is currently 
approved through October 31, 2013. An Agency may not conduct or sponsor 
and a person is not required to respond to a collection of information 
unless it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before June 14, 2013.

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

FOR FURTHER INFORMATION CONTACT: William Nichols, Office of Emergency 
Management Regulation and Policy Development Division, (5104A), 
Environmental Protection Agency, 1200 Pennsylvania Ave NW., Washington, 
DC 20460; telephone number: 202-564-1970; fax number: 202-564-8222; 
email address: nichols.nick@epa.gov.

SUPPLEMENTARY INFORMATION:  Supporting documents which explain in 
detail the information that the EPA will be collecting are available in 
the public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, EPA West, 
Room 3334, 1301 Constitution Ave NW., Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
comments and information to enable it to: (i) Evaluate whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Agency, including whether the 
information will have practical utility; (ii) evaluate the accuracy of 
the Agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (iii) enhance the quality, utility, and clarity of the 
information to be collected; and (iv) minimize the burden of the 
collection of information on those who are to respond, including 
through the use of appropriate automated electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses. EPA 
will consider the comments received and amend the ICR as appropriate. 
The final ICR package will then be submitted to OMB for review and 
approval. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: This Information Collection Request (ICR) renewal 
supports activities to implement the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), Subpart J (40 CFR 300.900, 
``Use of Dispersants and Other Chemicals'').
    The use of bioremediation agents, dispersants, surface washing 
agents, surface collecting agents and miscellaneous agents in response 
to oil spills in U.S. waters or adjoining shorelines is governed by 
Subpart J of the NCP regulation (40 CFR 300.900). Subpart J 
requirements include criteria for listing oil spill mitigating agents 
on the NCP Product Schedule, hereafter referred to as the Schedule. 
EPA's regulation, which is codified at 40 CFR 300.00, requires that EPA 
prepare a schedule of ``dispersants, other chemicals, and other spill 
mitigating devices and substances, if any, that may be used in carrying 
out the NCP.'' The Schedule is required by section 311(d)(2)(G) of the 
Clean Water Act (CWA), as amended by the Oil Pollution Act of 1990. The 
Schedule is used by federal On-Scene Coordinators (OSCs), Regional 
Response Teams (RRTs), and Area Planners to identify spill mitigating 
agents in preparation for and response to oil spills.
    Under Subpart J, respondents who want to add a product to the 
Schedule must submit technical product data to the U.S. Environmental 
Protection Agency (EPA or Agency) as stipulated in 40 CFR 300.915. 
Specifically, Subpart J requires the manufacturer to conduct specific 
toxicity and effectiveness tests and submit the corresponding technical 
product data along with other detailed information to the EPA Office of 
Emergency Management, Office of Solid Waste and Emergency Response. For 
example, a dispersant must exceed the 50-percent (5 
percent) efficacy threshold in order to be listed on the Schedule. EPA 
places oil spill mitigating agents on the Schedule if all the required 
data are submitted and the product satisfies all requirements and meets 
or exceeds testing thresholds. The Product Schedule is available to 
federal OSCs, RRTs, and Area Committees for determining the most 
appropriate products to use in various spill scenarios.
    Products currently listed on the Schedule are divided into five 
basic categories: dispersants, surface washing agents, surface 
collecting agents, bioremediation agents, and

[[Page 22257]]

miscellaneous oil spill control agents. As of March, 2013, 112 products 
are listed on the Schedule. It is estimated that 11 products per year 
will be submitted to EPA for listing on the Schedule. Over the three-
year period covered by this ICR, an estimated 33 products may be 
listed. Additionally, EPA estimates that approximately 10 manufacturers 
will submit information to obtain sorbent certifications. The annual 
public reporting burden will be 315 hours. The total annual cost 
(including labor and non-labor) to manufacturers under Subpart J is 
estimated to be $88,743.
    At 40 CFR 300.920(c), respondents are allowed to assert that 
certain information in the technical product data submissions is 
confidential business information. EPA will handle such claims pursuant 
to the provisions in 40 CFR Part 2, Subpart B. Such information must be 
submitted separately from non-confidential information, clearly 
identified, and clearly marked ``Confidential Business Information.'' 
If the applicant fails to make such a claim at the time of submittal, 
EPA may make the information available to the public without further 
notice.
    Form Numbers: None.
    Respondents/affected entities: Respondents include, but are not 
limited to, manufacturers of bioremediation agents, dispersants, 
surface collecting agents, surface washing agents, miscellaneous oil 
spill control agents, and other chemical agents and biological 
additives used as countermeasures against oil spills. Affected private 
industries can be expected to fall within the following industrial 
classifications:
     Manufacturers of industrial inorganic chemicals (SIC 281/
NAICS 325188),
     Manufacturers of industrial organic chemicals (SIC 286/
NAICS 325199), and
     Manufacturers of miscellaneous chemical products (SIC 289/
NAICS 325988).
    Respondent's obligation to respond: An oil spill mitigating agent 
does not have to be listed on the Product Schedule unless a 
manufacturer wants the product to be applied as part of an emergency 
response to an oil spill. If so, then certain mandatory product testing 
and information is required to be considered for listing on the 
Schedule. (The Schedule is required by section 311(d)(2)(G) of the 
Clean Water Act (CWA), as amended by the Oil Pollution Act of 1990).
    Estimated number of respondents: Eleven per year. There are 96 
manufacturers and 112 products (26 bioremediation agents, 18 
dispersants, 14 miscellaneous agents, and 53 surface washing agents, 2 
surface collecting agents) listed on the March, 2013 Schedule. EPA 
estimates that manufacturers will apply to list 11 products on the 
Schedule each year, including 2 bioremediation agents, 3 dispersants, 2 
miscellaneous agents, 1 surface collecting agent, and 3 surface washing 
agents. Over a three-year period, EPA anticipates that manufacturers 
will apply to list a total of 6 bioremediation agents, 9 dispersants, 6 
miscellaneous agents, 3 surface collecting agent, and 9 surface washing 
agents on the Schedule.
    Frequency of response: Each manufacturer responds one time per 
product submittal.
    Total estimated burden: 315 hours (per year). Burden is defined at 
5 CFR 1320.03(b).
    Total estimated cost: $ 72,450 (per year).
    Changes in estimates: There is a decrease in burden hours and cost. 
All regulatory requirements are the same as in 2010. There is a 
decrease in total cost of $10,550 due to less manufacturers applying to 
list products (11 instead of 14 per year) on the Schedule even though 
laboratory pricing and labor rates have risen.

Dana S. Tulis,
Deputy Director, Office of Emergency Management.
[FR Doc. 2013-08702 Filed 4-12-13; 8:45 am]
BILLING CODE 6560-50-P
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