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)

Page Range		16174-16175
FR Document		2016-06855

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 Issue 58 (Friday, March 25, 2016)

[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]


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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

16174 Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices

be given to those communities affected Make a Visible Difference in Coordinator below to obtain information
by plant closures or other economic Communities. EPA encourages on the format for supplemental funding
disruptions; can demonstrate projects innovative approaches to maximizing applications for their region. When
that have a clear prospect of aiding the revolving and leveraging with other requesting supplemental funding,
in-sourcing of manufacturing capacity funds, including use of grants funds as applicants must specify whether they
and keeping and/or adding jobs, or a loan loss guarantee, combining with are seeking funding for sites
otherwise creating jobs, in the affected other government or private sector contaminated by hazardous substances
area; or will benefit a community that lending resources. Applicants for or petroleum. Applicants may request
has been identified as part of EPA’s supplemental funding must contact the both types of funding.
Cross Agency Strategy on Working to appropriate Regional Brownfields

REGIONAL CONTACTS
Region States Address/phone Number/email

EPA Region 1: Frank Gardner, Gard- CT, ME, MA, NH, 5 Post Office Square, Boston, MA 02109–3912, Phone (617) 918–1278 Fax
ner.Frank@epa.gov. RI, VT. (617) 918–1291.
EPA Region 2: Lya Theodoratos, NJ, NY, PR, VI ...... 290 Broadway, 18th Floor, New York, NY 10007, Phone (212) 637–3260 Fax
Theodoratos.Lya@epa.gov. (212) 637–3083.
EPA Region 3: Tom Stolle, Stolle.Tom@ DE, DC, MD, PA, 1650 Arch Street, Mail Code 3HS51, Philadelphia, Pennsylvania 19103, Phone
epa.gov. VA, WV. (215) 814–3129 Fax (215) 814–5518.
EPA Region 4: David Egetter, AL, FL, GA, KY, Atlanta Federal Center, 61 Forsyth Street, S.W., 10TH FL, Atlanta, GA 30303–
Egetter.David@epa.gov. MS, NC, SC, TN. 8960, Phone (404) 562–8250 Fax (404) 562–8761.
EPA Region 5: Keary Cragan, IL, IN, MI, MN, OH, 77 West Jackson Boulevard, Mail Code SE–4J, Chicago, Illinois 60604–3507,
Cragan.Keary@epa.gov. WI. Phone (312) 353–5669 Fax (312) 886–7190.
EPA Region 6: Mary Kemp, AR, LA, NM, OK, 1445 Ross Avenue, Suite 1200 (6SF–PB), Dallas, Texas 75202–2733, Phone
Kemp.Mary@epa.gov. TX. (214) 665–8358 Fax (214) 665–6660.
EPA Region 7: Susan Klein, IA, KS, MO, NE ..... 11201 Renner Blvd, Lenexa, Kansas 66219, Phone (913) 551–7786 Fax (913)
Klein.Susan@epa.gov. 551–8688.
EPA Region 8: Dan Heffernan, CO,MT, ND, SD, 1595 Wynkoop Street (EPR–B), Denver, CO 80202–1129, Phone (303) 312–
Heffernan.Daniel@epa.gov. UT, WY. 7074 Fax (303) 312–6065.
EPA Region 9: Noemi Emeric-Ford, AZ, CA, HI, NV, 75 Hawthorne Street, WST–8, San Francisco, CA 94105, Phone (213) 244–
Emeric-Ford.Noemi@epa.gov. AS, GU. 1821 Fax (415) 972–3364.
EPA Region 10: Susan Morales, Mo- AK, ID, OR, WA .... 1200 Sixth Avenue, Suite 900, Mailstop: ECL–112 Seattle, WA 98101, Phone
rales.Susan@epa.gov. (206) 553–7299 Fax (206) 553–0124.

Dated: March 17, 2016. 3501 et seq.). Before doing so, EPA is FOR FURTHER INFORMATION CONTACT:
David R. Lloyd, soliciting public comments on specific Leigh DeHaven, Office of Emergency
Director, Office of Brownfields and Land aspects of the proposed information Management, Regulations
Revitalization, Office of Land and Emergency collection as described below. This is a Implementation Division (5104A),
Management. proposed extension of the ICR, which is Environmental Protection Agency, 1200
[FR Doc. 2016–06854 Filed 3–24–16; 8:45 am] currently approved through October 31, Pennsylvania Ave. NW., Washington,
BILLING CODE 6560–50–P 2016. An Agency may not conduct or DC 20460; telephone number: (202)
sponsor and a person is not required to 564–1974; fax number: email address:
respond to a collection of information, DeHaven.Leigh@epa.gov.
ENVIRONMENTAL PROTECTION unless it displays a currently valid OMB SUPPLEMENTARY INFORMATION:
AGENCY control number. Supporting documents which explain in
[EPA–HQ–OPA–2007–0042; FRL—9944–24– DATES: Comments must be submitted on detail the information that the EPA will
OLEM] or before May 24, 2016. be collecting are available in the public
docket for this ICR. The docket can be
Proposed Information Collection ADDRESSES: Submit your comments, viewed online at www.regulations.gov
Request; Comment Request; The referencing Docket ID No. EPA–HQ– or in person at the EPA Docket Center,
National Oil and Hazardous Substance OPA–2007–0042 online using WJC West, Room 3334, 1301
Pollution Contingency Plan Regulation www.regulations.gov (our preferred Constitution Ave. NW., Washington,
method), by email to Docket.rcra@ DC. The telephone number for the
AGENCY: Environmental Protection
epa.gov or by mail to: EPA Docket Docket Center is 202–566–1744. For
Agency (EPA).
Center, Environmental Protection additional information about EPA’s
ACTION: Notice. Agency, Mail Code 28221T, 1200 public docket, visit http://www.epa.gov/
SUMMARY: The Environmental Protection Pennsylvania Ave. NW., Washington, dockets.
Agency (EPA) is planning to submit an DC 20460. Pursuant to section 3506(c)(2)(A) of
information collection request (ICR), EPA’s policy is that all comments the PRA, EPA is soliciting comments
asabaliauskas on DSK3SPTVN1PROD with NOTICES

‘‘The National Oil and Hazardous received will be included in the public and information to enable it to: (i)
Substance Pollution Contingency Plan docket without change including any Evaluate whether the proposed
Regulation, Subpart J (40 CFR 300.900)’’ personal information provided, unless collection of information is necessary
(EPA ICR No. 1664.11, OMB Control No. the comment includes profanity, threats, for the proper performance of the
2050–0141) to the Office of Management information claimed to be Confidential functions of the Agency, including
and Budget (OMB) for review and Business Information (CBI) or other whether the information will have
approval in accordance with the information whose disclosure is practical utility; (ii) evaluate the
Paperwork Reduction Act (44 U.S.C. restricted by statute. accuracy of the Agency’s estimate of the

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Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices 16175

burden of the proposed collection of 50-percent (±5 percent) efficacy • Manufacturers of miscellaneous
information, including the validity of threshold in order to be listed on the chemical products (SIC 289/NAICS
the methodology and assumptions used; Schedule. EPA places oil spill 325988).
(iii) enhance the quality, utility, and mitigating agents on the Schedule if all Respondent’s obligation to respond:
clarity of the information to be the required data are submitted and the An oil spill mitigating agent does not
collected; and (iv) minimize the burden product satisfies all requirements and have to be listed on the Product
of the collection of information on those meets or exceeds testing thresholds. The Schedule unless a manufacturer wants
who are to respond, including through Product Schedule is available to FOSCs, the product to be applied as part of an
the use of appropriate automated RRTs, and Area Committees for emergency response to an oil spill. If so,
electronic, mechanical, or other determining the most appropriate then certain mandatory product testing
technological collection techniques or products to use in various spill and information is required to be
other forms of information technology, scenarios. considered for listing on the Schedule.
e.g., permitting electronic submission of Products currently listed on the (The Schedule is required by section
responses. EPA will consider the Schedule are divided into five basic 311(d)(2)(G) of the Clean Water Act
comments received and amend the ICR categories: Dispersants, surface washing (CWA), as amended by the Oil Pollution
as appropriate. The final ICR package agents, surface collecting agents, Act of 1990).
will then be submitted to OMB for bioremediation agents, and Estimated number of respondents:
review and approval. At that time, EPA miscellaneous oil spill control agents. Eleven per year. There are 100
will issue another Federal Register As of March 2016, 118 products are manufacturers and 118 products (27
notice to announce the submission of listed on the Schedule. It is estimated bioremediation agents, 19 dispersants,
the ICR to OMB and the opportunity to that 11 products per year will be 15 miscellaneous oil spill control
submit additional comments to OMB. submitted to EPA for listing on the agents, and 55 surface washing agents,
Abstract: This Information Collection 2 surface collecting agents) currently
Schedule. Over the three-year period
Request (ICR) renewal supports listed on the January, 2016 Schedule.
covered by this ICR, an estimated 33
activities to implement the National Oil EPA estimates that manufacturers will
products may be listed. Additionally,
and Hazardous Substances Pollution apply to list 11 products on the
EPA estimates that approximately 10
Contingency Plan (NCP), Subpart J (40 Schedule each year, including 2
manufacturers will submit information
CFR 300.900, ‘‘Use of Dispersants and bioremediation agents, 3 dispersants, 2
to obtain sorbent certifications. The
Other Chemicals’’). miscellaneous oil spill control agents, 1
The use of bioremediation agents, annual public reporting burden will be
315 hours. The total annual cost surface collecting agent, and 3 surface
dispersants, surface washing agents, washing agents. Over a three-year
surface collecting agents and (including labor and non-labor) to
manufacturers under Subpart J is period, EPA anticipates that
miscellaneous oil spill control agents in
estimated to be $89,590. manufacturers will apply to list a total
response to oil spills in U.S. waters or
At 40 CFR 300.920(c), respondents are of 6 bioremediation agents, 9
adjoining shorelines is governed by
allowed to assert that certain dispersants, 6 miscellaneous oil spill
Subpart J of the NCP regulation (40 CFR
information in the technical product control agents, 3 surface collecting
300.900). Subpart J requirements
data submissions is confidential agent, and 9 surface washing agents on
include criteria for listing oil spill
business information. EPA will handle the Schedule.
mitigating agents on the NCP Product
such claims pursuant to the provisions Frequency of response: Each
Schedule, hereafter referred to as the
Schedule. EPA’s regulation, which is in 40 CFR part 2, subpart B. Such manufacturer responds one time per
codified at 40 CFR 300.00, requires that information must be submitted product submittal.
EPA prepare a schedule of ‘‘dispersants, separately from non-confidential Total estimated burden: 315 hours
other chemicals, and other spill information, clearly identified, and (per year). Burden is defined at 5 CFR
mitigating devices and substances, if clearly marked ‘‘Confidential Business 1320.03(b).
any, that may be used in carrying out Information.’’ If the applicant fails to Total estimated cost: $72,450 (per
the NCP.’’ The Schedule is required by make such a claim at the time of year)
section 311(d)(2)(G) of the Clean Water submittal, EPA may make the Changes in Estimates: There is a
Act (CWA), as amended by the Oil information available to the public minor increase in burden hours and
Pollution Act of 1990. The Schedule is without further notice. cost. All regulatory requirements are the
used by Federal On-Scene Coordinators same as in the 2010 and 2013 ICRs.
Form Numbers: None.
(FOSCs), Regional Response Teams Respondents/affected entities:
Dated: March 21, 2016.
(RRTs), and Area Planners to identify Reggie Cheatham,
Respondents include, but are not
spill mitigating agents in preparation for Director, Office of Emergency Management.
limited to, manufacturers of
and response to oil spills. [FR Doc. 2016–06855 Filed 3–24–16; 8:45 am]
Under Subpart J, respondents who bioremediation agents, dispersants,
want to add a product to the Schedule surface collecting agents, surface BILLING CODE 6560–50–P

must submit technical product data to washing agents, miscellaneous oil spill
the U.S. Environmental Protection control agents, and other chemical
agents and biological additives used as ENVIRONMENTAL PROTECTION
Agency (EPA or Agency) as stipulated in AGENCY
40 CFR 300.915. Specifically, Subpart J countermeasures against oil spills.
asabaliauskas on DSK3SPTVN1PROD with NOTICES

requires the manufacturer to conduct Affected private industries can be
specific toxicity and effectiveness tests expected to fall within the following [ER–FRL–9026–2]
and submit the corresponding technical industrial classifications:
• Manufacturers of industrial Environmental Impact Statements;
product data along with other detailed Notice of Availability
information to the EPA Office of inorganic chemicals (SIC 281/NAICS
Emergency Management, Office of Land 325188), Responsible Agency: Office of Federal
and Emergency Management. For • Manufacturers of industrial organic Activities, General Information (202)
example, a dispersant must exceed the chemicals (SIC 286/NAICS 325199), and 564–7146 or http://www2.epa.gov/nepa.

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Document Created: 2018-02-02 15:18:09
Document Modified: 2018-02-02 15:18:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Comments must be submitted on or before May 24, 2016.
Contact		Leigh DeHaven, Office of Emergency Management, Regulations Implementation Division (5104A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
FR Citation		81 FR 16174