81 FR 16174 - Proposed Information Collection Request; Comment Request; The National Oil and Hazardous Substance Pollution Contingency Plan Regulation

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 58 (March 25, 2016)

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``The National Oil and Hazardous Substance Pollution Contingency Plan Regulation, Subpart J (40 CFR 300.900)'' (EPA ICR No. 1664.11, 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, 2016. 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.

[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Pages 16174-16175]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06855]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPA-2007-0042; FRL--9944-24-OLEM]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``The National Oil and 
Hazardous Substance Pollution Contingency Plan Regulation, Subpart J 
(40 CFR 300.900)'' (EPA ICR No. 1664.11, 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, 2016. 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 May 24, 2016.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPA-
2007-0042 online using www.regulations.gov (our preferred method), by 
email to [email protected] 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: Leigh DeHaven, Office of Emergency 
Management, Regulations Implementation Division (5104A), Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone number: (202) 564-1974; fax number: email address: 
[email protected].

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, WJC 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

[[Page 16175]]

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 oil spill control 
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 (FOSCs), 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 Land and Emergency Management. 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 
FOSCs, 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 miscellaneous oil spill 
control agents. As of March 2016, 118 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 $89,590.
    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 100 
manufacturers and 118 products (27 bioremediation agents, 19 
dispersants, 15 miscellaneous oil spill control agents, and 55 surface 
washing agents, 2 surface collecting agents) currently listed on the 
January, 2016 Schedule. EPA estimates that manufacturers will apply to 
list 11 products on the Schedule each year, including 2 bioremediation 
agents, 3 dispersants, 2 miscellaneous oil spill control 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 oil 
spill control 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 minor increase in burden hours and 
cost. All regulatory requirements are the same as in the 2010 and 2013 
ICRs.

    Dated: March 21, 2016.
Reggie Cheatham,
 Director, Office of Emergency Management.
[FR Doc. 2016-06855 Filed 3-24-16; 8:45 am]
 BILLING CODE 6560-50-P