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View ICR - OIRA Conclusion

OMB Control No: 2050-0141	ICR Reference No: 202306-2050-001
Status: Active	Previous ICR Reference No: 202207-2050-002
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1664.14
Title: National Oil and Hazardous Substances Pollution Contingency Plan Regulation, Subpart J (40 CFR 300.900) (Final Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 05/15/2024
	Date Received in OIRA: 06/29/2023
Terms of Clearance: In accordance with 5 CFR 1320,. EPA is required to include the following information in its submission for information collection request review and approval: (1) supporting statements to show compliance with requirements and other associated laws; (2) a description of the regulatory text applicable to the ICR including submission specifications; (3) a clear description of the data elements being collected under the ICR; (4) copies of the data collection instrument and/or screen shots of the electronic portal where the reporting requirements are submitted to EPA (with the control number and burden statement included); (5) a detailed discussion of how information is submitted and the extent to which electronic reporting is available; (6) evidence of consultation with respondents (by actively reaching out to stakeholders as permitted by the PRA) to ensure the supporting statement's accuracy on availability of data, frequency of collection, clarity of instructions, accuracy of burden estimate, relevance of data elements, and similar PRA matters; and (7) discussion of how EPA addressed substantive concerns raised by respondents and other stakeholders during consultation and in response to comments received on FR notices. In addition, supporting statement A should use the standard 18 question SS-A format. Additional information can be found at https://pra.digital.gov/clearance-process/supporting-statement/.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2027	36 Months From Approved	06/30/2024
Responses	51	0	18
Time Burden (Hours)	1,195	0	710
Cost Burden (Dollars)	1,090,219	0	1,673,000

Abstract: This is a new Information Collection Request (ICR) to support activities required to comply with revisions to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), Subpart J (40 CFR 300.900, Use of Dispersants and Other Chemicals). The authority of the President to implement section 311(d)(2)(G) of the CWA is delegated to EPA in Executive Order 12777 (56 FR 54757, October 22, 1991). Subpart J of the NCP establishes the framework for the use of dispersants and any other chemical agents in response to oil discharges (40 CFR part 300 series 900). The Agency is further clarifying that the statutory schedule as required by CWA 311(d)(2)(G) includes the NCP Product Schedule, the Sorbent Product List, and authorization of use procedures which, when taken together, identify the waters and quantities in which such dispersants, other chemicals, or other spill mitigating devices and substances may be used safely. The final action to which this information collection applies amends two distinct sets of requirements under Subpart J: (1) those related to chemical and biological agent testing and listing on the NCP Product Schedule, and (2) those related to authorization of use. This information collection specifically addresses information collected regarding listing on the NCP Product Schedule or the Sorbent Product List, including efficacy and toxicity testing protocols and listing, data and information requirements, processes for adding or removing a product to or from the NCP Product Schedule, and proprietary business information. The authorization of use requirements impose no information collection activities. EPA considered relevant science related to efficacy and toxicity testing and has determined the science supports both establishing new protocols and updating existing testing protocols for listing on the NCP Product Schedule. These protocols, along with additional requirements for data and information, serve as the basis for a national level screening of chemical and biological agent products, and include procedures already familiar to commercial laboratories or which they can readily adopt. EPA is not aware of changes to the relevant science since the proposed rulemaking. Furthermore, the final action provides expanded opportunities for decisionmakers to consider any advancements in science beyond efficacy and toxicity valuations as part of listing, planning and response activities. The Agency anticipates the final amendments to Subpart J will provide more complete information about chemical and biological agent products to the public and to Federal, State and local agencies, and will help support planning and response entities when making decisions to authorize their use when responding to oil spills. The final rule will improve communication among the Agency, manufacturers and laboratories and will increase the efficiency in processing requests to list products on the NCP Product Schedule or Sorbent Product List. EPA estimates that updated information for the existing 109 products will be submitted to EPA over a two-year transition period to comply with the revised regulations. Additionally, EPA estimates that 5 new products per year will be submitted to EPA for listing on the Schedule, along with 10 new products per year for the Sorbent Product List. These estimates are based on historical rates of product submission, as documented in the RIA accompanying the Agency's final rule. The average annual total public reporting burden over the three-year ICR period due to the final rule will be 517 to 1,195 hours. The average annual total cost (including labor and non-labor) to all manufacturers is estimated to be $1.04 to $1.09 million.

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	51	18	33
Annual Time Burden (Hours)	1,195	710	485
Annual Cost Burden (Dollars)	1,090,219	1,673,000	-582,781

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The burden estimates included in this ICR represent the incremental burden resulting from the Subpart J revisions for the revised product and testing requirements in the June 2023 final rule.

Annual Cost to Federal Government: $81,502

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Wendy Hoffman 202 564-8794

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