[Federal Register Volume 62, Number 70 (Friday, April 11, 1997)]
[Notices]
[Pages 17801-17807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9379]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5809-4]


Request for Comments: National Oil and Hazardous Substances 
Pollution Contingency Plan, Subpart J; Agency Information Collection 
Activities up for Renewal (OMB Control Number: 2050-0141)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C.

[[Page 17802]]

3501 et seq.), this notice announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB). Before submitting the ICR to OMB for 
review and approval, EPA is soliciting comments on specific aspects of 
the proposed information collection as described below.

DATES: Comments must be submitted on or before June 10, 1997.

ADDRESSES: Oil Program Center, 401 M Street SW. (5203G), Washington, DC 
20460. Materials relevant to this ICR may be inspected by visiting 
Public Docket No. NCP-J, located at 1235 Jefferson Davis Highway 
(ground floor), Arlington, Virginia. The docket is available for 
inspection between 9:00 a.m. and 4:00 p.m. Monday through Friday, 
excluding Federal holidays. Appointments are necessary and can be made 
by calling (703) 603-9232. A reasonable fee may be charged for copying 
docket material.

FOR FURTHER INFORMATION CONTACT: Gail Thomas, (703) 603-8736. Facsimile 
number: (703) 603-9116. Electronic address: 
<a href="/cdn-cgi/l/email-protection#14607c7b7975673a73757d785471647579757d783a7164753a737b62"><span class="__cf_email__" data-cfemail="2155494e4c40520f4640484d614451404c40484d0f4451400f464e57">[email protected]</span></a>. Note that questions, but not comments, 
will be accepted electronically.

SUPPLEMENTARY INFORMATION:

Affected Entities

    The National Oil and Hazardous Substances Pollution Contingency 
Plan (NCP) subpart J (40 CFR 300.900, ``Use of Dispersants and Other 
Chemicals'') includes criteria for listing oil spill mitigating 
products on the NCP Product Schedule. The Product Schedule is required 
by section 311(d)(2)(G) of the Clean Water Act (CWA), as amended by the 
Oil Pollution Act of 1990 (OPA), and identifies ``dispersants, other 
chemicals, and other spill mitigating devices and substances, if any, 
that may be used in carrying out'' the NCP. Under Subpart J, 
respondents wishing to add a product to the Schedule must submit 
technical product data specified in 40 CFR 300.915 to EPA's Oil Program 
Center. The specific private industry sectors subject to this action 
include but are not limited to: Manufacturers of dispersants, surface 
washing agents, surface collecting agents, bioremediation 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), manufacturers of industrial 
organic chemicals (SIC 286), and manufacturers of miscellaneous 
chemical products (SIC 289).

Title

    National Oil and Hazardous Substances Pollution Contingency Plan, 
Subpart J, OMB Control Number: 2050-0141. EPA Control Number: 1664.02. 
Expiration Date: 8/31/97.

Abstract

    The use of dispersants, other chemical agents, and bioremediation 
agents to respond to oil spills in U.S. waters is governed by subpart J 
of the NCP (40 CFR 300.900). 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.'' Under subpart J, 
respondents wishing to add a product to the Product Schedule must 
submit technical product data specified in 40 CFR 300.915 to EPA. EPA 
places oil spill mitigating products on the Product Schedule if all the 
required data are submitted. The Product Schedule is available to 
Federal On-Scene Coordinators (OSCs), Regional Response Teams (RRTs), 
and Area Committees for determining the most appropriate products to 
use in various spill scenarios. Subpart J ensures that OSCs, RRTs, and 
Area Committees have necessary data regarding the toxicity, 
effectiveness, and other characteristics of different products in order 
to make more informed decisions regarding the use of such products 
during time critical spill responses. Because local conditions may 
require additional information, RRTs may, under the revisions, require 
supplemental toxicity and effectiveness testing of products.
    Section 300.920(c) allows respondents 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 submitter fails to make such a claim at the time of submittal, 
EPA may make the information available to the public without further 
notice.
    Products currently listed on the Product Schedule are divided into 
five basic categories: dispersants, surface washing agents, surface 
collecting agents, bioremediation agents, and miscellaneous oil spill 
control agents. Under subpart J, manufacturers who wish to list a 
product on the Schedule must report the items specified below for the 
appropriate category.

Dispersants

    1. Name, brand, or trademark, if any, under which the dispersant is 
sold;
    2. Name, address, and telephone number of the manufacturer, 
importer, or vendor;
    3. Name, address, and telephone number of primary distributors or 
sales outlets;
    4. Special handling information and worker precautions for storage 
and field application, including maximum and minimum storage 
temperatures;
    5. Shelf life;
    6. Recommended application procedures, concentrations, and 
conditions for use;
    7. Results of the effectiveness test set forth in Appendix C of the 
NCP;
    8. Results of the toxicity test set forth in Appendix C of the NCP;
    9. Physical properties covered by the American Society for Testing 
and Material's reference standards;
    10. Dispersing agent components;
    11. The concentrations or upper limits of any heavy metals, 
cyanide, and chlorinated hydrocarbons; and
    12. The identity of the laboratory that performed tests, the 
qualifications of the laboratory's staff, and laboratory experience 
with similar tests.
    Under NCP subpart J, respondents must test some products for 
effectiveness and toxicity and provide the results to EPA's Oil Program 
Center. Dispersants are required to demonstrate a 45% (<plus-minus>5%) 
effectiveness level in order to be placed on the Schedule. Only those 
dispersants that meet or exceed the effectiveness acceptability 
threshold, and are therefore eligible to be listed on the Schedule, 
need be tested for toxicity.

Surface Washing Agents

    1. Name, brand, or trademark, if any, under which the surface 
washing agent is sold;
    2. Name, address, and telephone number of the manufacturer, 
importer, or vendor;
    3. Name, address, and telephone number of primary distributors or 
sales outlets;
    4. Special handling information and worker precautions for storage 
and field application, including maximum and minimum storage 
temperatures;
    5. Shelf life;
    6. Recommended application procedures, concentrations, and 
conditions for use;
    7. Results of the toxicity test set forth in Appendix C of the NCP;

[[Page 17803]]

    8. Physical properties covered by the American Society for Testing 
and Material's reference standards;
    9. Surface washing agent components;
    10. The concentrations or upper limits of any heavy metals, 
cyanide, and chlorinated hydrocarbons; and
    11. The identity of the laboratory that performed tests, the 
qualifications of the laboratory's staff, and laboratory experience 
with similar tests.

Surface Collecting Agents

    1. Name, brand, or trademark, if any, under which the surface 
collecting agent is sold;
    2. Name, address, and telephone number of the manufacturer, 
importer, or vendor;
    3. Name, address, and telephone number of primary distributors or 
sales outlets;
    4. Special handling information and worker precautions for storage 
and field application, including maximum and minimum storage 
temperatures;
    5. Shelf life;
    6. Recommended application procedures, concentrations, and 
conditions for use;
    7. Results of the toxicity test set forth in Appendix C of the NCP;
    8. Physical properties covered by the American Society for Testing 
and Material's reference standards;
    9. Test results distinguishing surface collecting agents from other 
chemical agents;
    10. Surface collecting agent components;
    11. The concentrations or upper limits of any heavy metals, 
cyanide, and chlorinated hydrocarbons; and
    12. The identity of the laboratory that performed tests, the 
qualifications of the laboratory's staff, and laboratory experience 
with similar tests.

Bioremediation Agents

    1. Name, brand, or trademark, if any, under which the 
bioremediation agent is sold;
    2. Name, address, and telephone number of the manufacturer, 
importer, or vendor;
    3. Name, address, and telephone number of primary distributors or 
sales outlets;
    4. Special handling information and worker precautions for storage 
and field application, including maximum and minimum storage 
temperatures;
    5. Shelf life;
    6. Recommended application procedures, concentrations, and 
conditions for use;
    7. Results of the effectiveness test set forth in Appendix C of the 
NCP;
    8. For microbiological cultures, a listing of all microorganisms by 
species, including percentages, special nutrient requirements, etc.;
    9. For enzyme additives, information on the enzyme, including 
source, operating conditions, shelf life, etc.;
    10. The identity of the laboratory that performed tests, the 
qualifications of the laboratory's staff, and laboratory experience 
with similar tests.

Miscellaneous Oil Spill Control Agents

    1. Name, brand, or trademark, if any, under which the miscellaneous 
oil spill control agent is sold;
    2. Name, address, and telephone number of the manufacturer, 
importer, or vendor;
    3. Name, address, and telephone number of primary distributors or 
sales outlets;
    4. Special handling information and worker precautions for storage 
and field application, including maximum and minimum storage 
temperatures;
    5. Shelf life;
    6. Recommended application procedures, concentrations, and 
conditions for use;
    7. Results of the toxicity test set forth in Appendix C of the NCP;
    8. Physical properties covered by the American Society for Testing 
and Material's reference standards;
    9. Miscellaneous oil spill control agent components;
    10. The concentrations or upper limits of any heavy metals, 
cyanide, and chlorinated hydrocarbons;
    11. Information on any microbiological cultures, enzyme additives, 
or nutrient additives; and
    12. The identity of the laboratory that performed tests, the 
qualifications of the laboratory's staff, and laboratory experience 
with similar tests.
    Respondents submit the required data to EPA in hard copy. If the 
data are approved by EPA, they are entered electronically on the 
Product Schedule. The data are then made available to OSCs through five 
media: (1) Hard copy; (2) computer disk; (3) electronic mail; (4) NOAA 
First Class; and (5) File Transfer Protocol. The five options ensure 
that OSCs can obtain the information as efficiently as possible and 
that the information is useful in practice.

Recordkeeping

    No specific recordkeeping activities are required under Subpart J 
of the NCP.

Purpose of Data Collection

    The Product Schedule is available for use by 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 Product Schedule in their 
Regional Contingency Plans (RCPs) and Area Contingency Plans (ACPs), 
respectively. The required information is needed from the respondent so 
that the OSCs, RRTs, and Area Committees can make informed decisions to 
safely employ chemical countermeasures to control oil discharges. 
Correct product use is critical in emergency situations. Subpart J 
ensures that OSCs, RRTs, and Area Committees have necessary data 
regarding the toxicity, effectiveness, and other characteristics of 
different products.

Burden Statement

    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide the information to or for a Federal agency. This includes the 
time needed to review instructions; develop, acquire, install, and 
utilize technology and systems to collect, validate, and verify 
information, process and maintain information, and disclose and provide 
information; adjust methods to comply with any new requirements and 
instructions; train personnel to be able to respond to a collection of 
information; search data sources; complete and review the collection of 
information; and transmit or otherwise disclose the information.
    This notice provides the Agency's estimate of burden to respondents 
to perform the required actions under 40 CFR 300.900. The burden is 
estimated in terms of the time spent by respondents to complete 
activities necessary to submit an application for listing a product on 
the Schedule, i.e., review instructions and guidance; search existing 
data sources; gather and maintain the data received (including 
conducting any tests that may be necessary); and complete, review, and 
submit the information.
    The Agency developed the burden hours estimates for manufacturers 
of an oil spill mitigating product based on consultations with Federal 
OSCs, chemical countermeasure experts, such as Scientex Corporation 
personnel, technical experts, both international and domestic, such as 
personnel at the National Environmental Technology Applications Center, 
and various commercial laboratories. The Agency is soliciting public 
comment on the burden estimates contained in the notice.
    Except for effectiveness and toxicity testing, the data items 
discussed previously should already be available

[[Page 17804]]

to respondents through customary business practices (i.e., normal 
research and development activities). Effectiveness and toxicity tests, 
where applicable, burden respondents with the additional task of 
sending the product to a laboratory for testing.
    Processing, compiling, and reviewing the information required under 
subpart J requires the following respondent activities:
    <bullet> Inserting simple information;
    <bullet> Drafting short answers;
    <bullet> Drafting narrative answers and preparing backup 
documentation;
    <bullet> Secretarial/clerical support; and
    <bullet> Managerial review.
    Under subpart J, the respondent must also notify EPA of any changes 
in the composition, formulation, or application of the dispersant, 
surface washing agent, surface collecting agent, bioremediation agent, 
or miscellaneous oil spill control agent. If the change is likely to 
alter the effectiveness or toxicity of the product, EPA may require 
retesting. If EPA decides that retesting is necessary, the submitter 
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.
    The burden to respondents is estimated in terms of the time (in 
hours) spent by respondent personnel to comply with the information 
collection activities. These burden estimates are based on the 
following set of time range assumptions:
    <bullet> Insert simple information, 0.0-0.5 hours.
    <bullet> Draft short answers, 0.5-1.0 hours.
    <bullet> Draft narrative answers and prepare backup materials, 2.0-
5.0 hours.
    <bullet> Managerial review, One-fifth of the time required to 
complete the response items.
    <bullet> Secretarial/clerical support, 5.0-10.0 hours (per 
response).
    The time estimates include the time to complete each individual 
response item as required under NCP subpart J, as well as (depending on 
the type of information requested) time to: review instructions, search 
existing data sources, prepare backup documentation, and maintain/
record the data.
    Exhibit 1 shows the unit burden (in hours) for respondents under 
subpart J. Surface washing agents are placed with surface collecting 
and miscellaneous oil spill control agents in the exhibit because 
similar data items are required for each. As demonstrated in Exhibit 1, 
the unit burden ranges are: dispersants, 17-40 hours; surface 
collecting agents, 15.5-36 hours; surface washing agents, 15.5-36 
hours; miscellaneous oil spill control agents, 15.5-36 hours; and 
bioremediation agents, 14-33 hours. Although sorbents are not included 
on the Product Schedule, sorbent manufacturers are required to certify 
the composition of their product. The written certification, which will 
certify that a sorbent meets the definition in subpart J, may be 
requested by OSCs when determining whether to use a sorbent. 
<SUP>1</SUP> The estimated unit burden for sorbent certification is 
2.0-3.5 hours. Because sorbents are not listed on the Product Schedule, 
the small burden of sorbent certification is not shown in the exhibit.
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    \1\ The following model certification statement suffices: 
``[SORBENT NAME] is a sorbent material and consists solely of the 
materials listed in Sec. 300.915(g)(1) of the NCP.''

                  Exhibit 1.--Respondent Burden for the Data Items Required Under NCP Subpart J                 
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                                                                                      Burden (hours)            
                                                                         ---------------------------------------
                                                                            Surface washing                     
                                      Respondent                            agents, surface                     
       Response form items            activities          Dispersants     collecting agents,    Bioremediation  
                                                                           and miscellaneous        agents      
                                                                           oil spill control                    
                                                                                agents                          
----------------------------------------------------------------------------------------------------------------
Product, manufacturer, and        Simple information         0--0.5              0--0.5              0--0.5     
 distributor information.                                                                                       
Special handling information and  Short answer......         0.5--1              0.5--1              0.5--1     
 precautions.                                                                                                   
Shelf life information..........  Simple information         0--0.5              0--0.5              0--0.5     
Recommended application           Short answer......         0.5--1              0.5--1              0.5--1     
 procedures.                                                                                                    
Toxicity testing information....  Narrative answer..       2.0--5.0            2.0--5.0                 N/A     
Effectiveness testing             Narrative answer..       2.0--5.0                 N/A            2.0--5.0     
 information.                                                                                                   
List of ASTM physical properties  Short answer......         0.5--1              0.5--1                 N/A     
Test results for distinguishing   Short answer......            N/A              0.5--1                 N/A     
 surface collecting agents from                                                                                 
 other chemical agents.                                                                                         
List of product components......  Narrative answer..       2.0--5.0            2.0--5.0                 N/A     
Analysis results for heavy        Short answer......         0.5--1              0.5--1                 N/A     
 metals, cyanide, and                                                                                           
 chlorinated hydrocarbons.                                                                                      
Identity of laboratory            Narrative answer..       2.0--5.0            2.0--5.0            2.0--5.0     
 performing tests.                                                                                              
Information on microbiological    Narrative answer..            N/A                 N/A            2.0--5.0     
 cultures, enzyme additives, and                                                                                
 nutrient additives.                                                                                            
Description of how the product    Short answer......            N/A              0.5--1                 N/A     
 works and its uses.                                                                                            
                                  Managerial Review.       2.0--5.0            1.5--4.0            2.0--5.0     
                                  Secretarial/            5.0--10.0           5.0--10.0           5.0--10.0     
                                   Clerical Support.                                                            
      Unit Burden...............  ..................     17.0--40.0          15.5--36.0          14.0--33.0     
Frequency of response...........  ..................          (\1\)               (\2\)               (\2\)     
      Annual Burden.............  ..................             57                 155                 141     
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N/A--No response required for this item.                                                                        
\1\ 2/year.                                                                                                     
\2\ 6/year.                                                                                                     

    Unit cost (cost per individual response) is based on two 
components: labor cost and laboratory cost. Labor cost results from the 
amount of time spent by industry personnel supplying the required data. 
The cost for labor is derived by multiplying the unit burden hours 
presented in Exhibit 1 by the wage rate for industry personnel. The

[[Page 17805]]

hourly rates, in 1996 dollars, are $38.01 for Management, $28.74 for 
Technical, and $17.19 for Clerical.
    These wage rates reflect private industry averages, which were 
estimated by the Bureau of Labor Statistics (BLS) based on a survey of 
22,000 occupations within 4,200 establishments in the private sector. 
These rates include direct salary and fringe benefits. In addition, 
these BSL rates were adjusted to include overhead costs through a 17 
percent multiplier.<SUP>2</SUP>
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    \2\ The overhead multiplier was computed based on the average 
state benefit load reported in Employer Costs for Employee 
Compensation, March 1995.
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    The wage rate used in this analysis is a weighted hourly rate that 
reflects the assumption that the total number of work hours necessary 
for completing an application form is divided among three labor 
categories in the following way: 20% for managerial staff to direct and 
review activities; 70% for technical staff to conducting the majority 
of the information collection activities; and the remaining 10% for 
clerical support. Based on the above assumptions, the weighted hourly 
wage rate developed for this FR is 
(.20)($38.01)+(.70)($28.74)+(.10)($17.19)=$29.43 per hour.
    Laboratory costs are incurred when a respondent must test its 
product for effectiveness and/or toxicity according to the methods 
outlined in Appendix C of the NCP. In order to provide the necessary 
information, respondents need to have their product tested at a 
laboratory. The costs for toxicity tests for dispersants, surface 
collecting agents, surface washing agents, and miscellaneous oil spill 
control agents are estimated to cost $5,000 each. Dispersant 
effectiveness testing will cost an estimated $500 each using the 
swirling flask method. A dispersant must exceed the 45% 
(<plus-minus>5%) threshold in order to be listed on the Schedule. The 
protocol for effectiveness testing of bioremediation agents under 
subpart J is estimated to cost $8,000.<SUP>3</SUP>
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    \3\ Estimates from National Environmental Technology 
Applications Center.
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    The unit costs for each respondent to comply with the information 
collection requirements are presented in Exhibit 2 for subpart J. The 
unit costs are presented as ranges, reflecting the ranges of burden 
estimates. The unit cost is the sum of the labor cost and the 
laboratory cost.
    The unit costs under subpart J are: Dispersants, $6,000--$6,677; 
surface washing agents, $5,456--$6,059; surface collecting agents, 
$5,456--$6,059; miscellaneous oil spill control agents, $5,456--$6,059; 
and bioremediation agents, $8,412--$8,971. Certification of sorbent 
materials costs the average respondent (2.75 hours/certification  x  
$29.43/hour =) $80.93. Because sorbents are not listed on the Product 
Schedule, the small cost of sorbent certification is not shown in the 
exhibit.
    The number of responses expected annually over the three-year ICR 
approval period has been estimated based on the average rate of 
applications for listing on the Schedule over the last three years. It 
is estimated that responses would be submitted for 6 bioremediation 
agents, 3 surface washing agents, 0 surface collecting agents, 3 
miscellaneous oil spill control agents, and 2 dispersants each year of 
the ICR period; consequently, EPA estimates that, on average 14 total 
product listings will occur each year of the ICR period.
    The annual burdens (i.e., the burdens to all respondents within a 
product category) are presented at the bottom of Exhibit 1. The annual 
burden is arrived at by multiplying the average unit burden (the 
midpoint of the range) by the estimated frequency of responses per 
year.
    Based on the annual burdens shown in Exhibit 1, the total annual 
burden under subpart J will be (57+155+141=) 353 hours for all 14 
respondents. However, it is also expected that 6 sorbent manufacturers 
per year will have to certify the composition of their product, at an 
annual burden of (6 products  x  2.75 hours/product =) 16.5 hours. 
Therefore, the total annual burden to manufacturers under subpart J 
will be 340 hours.
    The annual costs for the product categories are presented at the 
bottom of the tables in Exhibit 2. These are calculated by multiplying 
the unit cost for listing a product under each category by the number 
of products expected to be listed in each category on an annual basis.
    It is also expected that 6 sorbent manufacturers per year will have 
to certify the composition of their product, at an annual cost of 
($80.93/response  x  6 responses =) $485.58. The total annual cost to 
manufacturers under subpart J will, therefore, be $99,710.

                     Exhibit 2.--Respondent Cost for Activities Required Under NCP Subpart J                    
----------------------------------------------------------------------------------------------------------------
                                                                             Surface washing                    
                                                                             agents, surface                    
                                                                                collecting                      
                     NCP Subpart J                          Dispersants        agents, and       Bioremediation 
                                                                            miscellaneous oil        agents     
                                                                              spill control                     
                                                                                  agents                        
----------------------------------------------------------------------------------------------------------------
Labor Cost:                                                                                                     
    (# of hours  x  $29.43/hour).......................        $500-$1,177        $456-$1,059          $412-$971
Laboratory Cost:                                                                                                
    --Effectiveness....................................                500                N/A              8,000
    --Toxicity.........................................              5,000              5,000                N/A
                                                        --------------------------------------------------------
      Unit Cost........................................        6,000-6,677        5,456-6,059        8,412-8,971
Frequency of response..................................                (<SUP>1)                (<SUP>2)                (<SUP>2)
                                                        ========================================================
      Annual Cost......................................             12,677             34,545            52,149 
----------------------------------------------------------------------------------------------------------------
N/A--No response required for this item.                                                                        
\1\ 2 per year.                                                                                                 
\2\ 6 per year.                                                                                                 

    With respect to Agency burden under subpart J, EPA will perform the 
following activities when a manufacturer applies to have a product 
listed on the Product Schedule, when a product already on the Schedule 
is

[[Page 17806]]

changed in composition, formulation, or application:

--Receive and process the data;
--Review the data for completeness and procedural accuracy;
--Notify the respondent of the decision on listing the product on the 
Schedule; and
--If approved, place the product on the Schedule, store the data, and 
supply the data upon request.

    EPA's decision to place a product on the Schedule is based solely 
on the completeness of the information presented and whether required 
effectiveness thresholds are met.
    Exhibit 3 provides estimates of the unit burden and unit cost to 
EPA for processing information on products to be listed. Burden 
estimates are based on EPA's experience with placing products on the 
Schedule under subpart J. Under subpart J, EPA's burden is 12 hours per 
listing application for all product categories.

                                Exhibit 3.--EPA Burden To Implement NCP Subpart J                               
----------------------------------------------------------------------------------------------------------------
                                                                              Burden (hours)                    
                                                        --------------------------------------------------------
                                                                             Surface washing                    
                                                                             agents, surface                    
                     NCP subpart J                                              collecting                      
                                                            Dispersants        agents, and       Bioremediation 
                                                                            miscellaneous oil        agents     
                                                                              spill control                     
                                                                                  agents                        
----------------------------------------------------------------------------------------------------------------
Process submitted data.................................                5.0                5.0                5.0
Review data for approval...............................                4.0                4.0                4.0
Notify respondent of decision..........................                2.0                2.0                2.0
Store data.............................................                1.0                1.0                1.0
                                                        --------------------------------------------------------
      Unit Burden......................................               12.0               12.0               12.0
Frequency of response..................................                (<SUP>1)                (<SUP>2)                (<SUP>2)
                                                        ========================================================
      Annual Burden....................................                 24                 72                72 
----------------------------------------------------------------------------------------------------------------
\1\ 2 per year.                                                                                                 
\2\ 6 per year.                                                                                                 

    The unit costs to EPA for processing each type of application are 
presented in Exhibit 4 for subpart J. Labor rates for government 
workers reflect the median GS level salaries for managerial and 
technical positions at EPA, based on the Office of Personnel 
Management's January 1997 general schedule salary table. The hourly 
rate are: $44.46 for management (GS-13) and $31.20 for technical (GS-
11). These rates include both direct salary and personnel benefits 
(medical insurance, income protection, etc.; estimated at 60% of direct 
salary).<SUP>4</SUP> For purposes of this information collection, a 
weighted government wage is used that assumes an equal amount of 
managerial (GS-13) and technical (GS-11) time for processing and 
reviewing applications. This weighted government wage rate is 
(.50)($44.46)+(.50)($31.20)=$37.83 per hour. This wage rate is 
multiplied by the hours in Exhibit 3 to obtain the cost to EPA for 
labor. The cost for labor per application is ($37.83/hour  x  12 hours 
=) $454 for all applications.
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    \4\ U.S. Environmental Protection Agency, ICR Handbook, June 
1992, p. 30.
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    For dispersants under subpart J, Sec. 300.920 (a)(2) gives EPA the 
right to verify test results and consider the results of EPA's 
verification testing in determining whether the dispersant meets the 
listing criteria. For purposes of this analysis, EPA estimates that 10 
percent of all submitted dispersant applications will undergo 
verification tests at a cost of $500 per test. Thus, on average, EPA 
estimates that verification testing will cost approximately $50 per 
dispersant submission. This results in a total unit cost of $504 per 
dispersant application under subpart J. There are no costs in addition 
to labor costs for other types of products under subpart J.
    The annual burdens and costs to EPA under subpart J are presented 
at the bottom of the tables in Exhibits 3 and 4, respectively. The 
annual burden depends on the frequency of applications. As mentioned 
previously, it is estimated that, under subpart J, applications would 
be received for 6 bioremediation agents, 3 surface washing agents, 3 
miscellaneous oil spill control agents, and 2 dispersants.
    The annual agency burden is determined by multiplying the unit 
agency burden by the frequency of applications. For example, it is 
estimated that the average request to list a dispersant would require 
12 hours of EPA staff time under subpart J (as shown in Exhibit 3). It 
is also estimated that EPA would process two applications for 
dispersants each year, as mentioned above. The annual burden to EPA for 
dispersants under subpart J would, therefore, be (12 hours/application 
x  2 applications) = 24 hours. The total annual burden will be 
(24+72+72) = 168 hours.
    The annual cost to EPA is calculated by multiplying the unit costs 
presented in Exhibit 4 by the frequencies of application. For example, 
under subpart J, the annual cost to EPA for dispersants would be ($554/
application  x  2 applications =) $1,108. The total annual cost will be 
($1,108+$2,724+$2,724 =) $6,556.

[[Page 17807]]



                                 Exhibit 4.--EPA Cost To Implement NCP Subpart J                                
----------------------------------------------------------------------------------------------------------------
                                                                             Surface washing                    
                                                                             agents, surface                    
                                                                                collecting                      
                     NCP subpart J                          Dispersants        agents, and       Bioremediation 
                                                                            miscellaneous oil        agents     
                                                                              spill control                     
                                                                                  agents                        
----------------------------------------------------------------------------------------------------------------
Labor Cost:                                                                                                     
    (# of hours  x  $37.83/hour).......................               $454               $454               $454
Laboratory Cost:                                                                                                
    --Effectiveness....................................            \1\ 100                N/A                N/A
    --Toxicity.........................................                N/A                N/A                N/A
                                                        --------------------------------------------------------
      Unit cost........................................                554                454                454
Frequency of response..................................              (\2\)              (\3\)              (\3\)
                                                        ========================================================
      Annual Cost......................................              1,108              2,724             2,724 
----------------------------------------------------------------------------------------------------------------
\1\ EPA assumes that it will on average verify 2 out of every 10 dispersants at $500 per test.                  
N/A--No response required for this item.                                                                        
\2\ 2 per year.                                                                                                 
\3\ 6 per year.                                                                                                 

    As part of the Agency's efforts to reduce the overall paperwork 
burden on regulated facilities, EPA would like to solicit comments on 
how the Agency could best reduce the total paperwork burden hours for 
this rule while maintaining an effective level of environmental 
protection. EPA also would like to solicit public comments 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.
    No person is required to respond to a collection of information 
unless it displays a currently valid OMB control number. The OMB 
control numbers for EPA's regulations are displayed at 40 CFR Part 9. 
Send comments regarding these matters, or any other aspects of the 
information collection, including suggestions for reducing the burden, 
to the address listed above under ADDRESSES near the top of this 
Notice.

    Dated: April 3, 1997.
Elaine Davies,
Deputy Director, Office of Emergency and Remedial Response.
[FR Doc. 97-9379 Filed 4-10-97; 8:45 am]
BILLING CODE 6560-50-P


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