SUPPLEMENTARY INFORMATION:

This is a proposed extension of the ICR, which is currently approved through May 31, 2027. 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.

This notice allows 60 days for public comments. 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 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 forms of information technology. 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 and Biological Agents. The use of bioremediation agents, dispersants, surface washing agents, solidifiers, herding agents and other substances ( e.g. sorbents) 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 and sorbent products on the Sorbent Product List. EPA's regulation, which is codified at 40 CFR 300.900, requires that EPA prepare a schedule of “dispersants, ( printed page 66700) other chemicals, and other spill mitigating devices and substances, if any, that may be used in carrying out the NCP.” Requirements under Subpart J of the NCP are required by section 311(d)(2)(G) of the Clean Water Act (CWA), as amended by the Oil Pollution Act of 1990. The NCP Product Schedule and Sorbent Product List are 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, manufacturers who want to add a product to the NCP Product Schedule or Sorbent Product List must submit technical product data including applicable toxicity and efficacy testing data to the EPA as stipulated in 40 CFR 300.915. Subpart J requires the manufacturer to submit the corresponding technical product data along with other detailed information to the EPA Office of Resource Conservation and Recovery, Office of Land and Emergency Management. The NCP Product Schedule and Sorbent Product List are available to Federal On-Scene Coordinators (FOSCs), Regional Response Teams (RRTs), and Area Committees for helping them select the most appropriate products to use in various spill scenarios.

In June 2023 EPA promulgated a final rule (88 FR 38280, June 12, 2023). This rule revised Subpart J of the NCP by adding new testing and listing criteria for products to be listed on the NCP Product Schedule and establishing the Sorbent Product List. Effective June 10, 2026, only products that are submitted and listed based on the amended testing and listing criteria will be listed on the NCP Product Schedule. All products identified as sorbents prior to the June 2023 rule remained available for use until December 12, 2025, at which time all sorbent products must have submitted information as applicable under the amended testing and listing requirements in June 2023 rule and be listed in the new Sorbent Product List. As of September 2026, the NCP Product Schedule included seven manufacturers and seven products (four dispersants and three surface washing agents). There are currently 12 sorbents listed on the Sorbent Product List. EPA estimates that for each year of this ICR renewal period five manufacturers will apply to list a product on the NCP Product Schedule and 10 manufactures will apply to list a sorbent on the Sorbent Product List. Therefore, over the three-year period covered by this ICR renewal, EPA estimates an additional 15 products may be listed on the NCP Product Schedule, and an additional 30 sorbents may be listed on the Sorbent Product List.

At 40 CFR 300.950, respondents may claim certain information in the technical product data submissions as proprietary business information (PBI). EPA will handle such claims pursuant to the provisions in 40 CFR part 2, subpart B. Such information must be submitted separately from non-PBI information, clearly identified, and clearly marked “Proprietary 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, herding agents, surface washing agents, solidifiers and sorbents.

Respondent's obligation to respond: Required to obtain or retain a benefit (40 CFR 300.900).

Estimated number of respondents: 15 (total).

Frequency of response: Each manufacturer responds once per product submittal.

Total estimated burden: 318 hours (per year). Burden is defined at 5 CFR 1320.03(b).

Total estimated cost: $391,400 (per year), which includes $103,867 in operation & maintenance costs.

Changes in the estimates: There is an increase of 8 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This is due to changes in testing and listing requirements as a result of the June 2023 rule.

91 FR 66699