Agency Information Collection Activities; Proposed Information Collection Request; Comment Request; The National Oil and Hazardous Substances Pollution Contingency Plan Regulation, Subpart J (Renewal)

Issuing agencies

Abstract

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), The National Oil and Hazardous Substances Pollution Contingency Plan Regulation, Subpart J (Renewal) (EPA ICR Number 1664.15, OMB Control Number 2050-0141) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. 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 May 31, 2027. This notice allows for 60 days for public comments.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 203 (Thursday, October 22, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 203 (Thursday, October 22, 2026)]
[Notices]
[Pages 66699-66700]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21610]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPA-2207-0042; FRL-13660-01-OLEM]


Agency Information Collection Activities; Proposed Information 
Collection Request; Comment Request; The National Oil and Hazardous 
Substances Pollution Contingency Plan Regulation, Subpart J (Renewal)

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 Substances Pollution Contingency Plan Regulation, Subpart J 
(Renewal) (EPA ICR Number 1664.15, OMB Control Number 2050-0141) to the 
Office of Management and Budget (OMB) for review and approval in 
accordance with the Paperwork Reduction Act. 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 May 31, 2027. This 
notice allows for 60 days for public comments.

DATES: Comments must be submitted on or before December 21, 2026.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA HQ-
OPA-2207-0042, to EPA online using <a href="http://www.regulations.gov">www.regulations.gov</a> (our preferred 
method), by email to <a href="http://regulations.gov">regulations.gov</a> (our preferred method), 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: Rebecca Broussard, Office of Resource 
Conservation and Recovery, Mail Code 5104A, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone 
numbe: (202) 565-6706; email address: <a href="/cdn-cgi/l/email-protection#ea8898859f99998b988ec4988f888f89898baa8f9a8bc48d859c"><span class="__cf_email__" data-cfemail="9af8e8f5efe9e9fbe8feb4e8fff8fff9f9fbdaffeafbb4fdf5ec">[email&#160;protected]</span></a>.

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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 
<a href="http://www.epa.gov/dockets">http://www.epa.gov/dockets</a>.
    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,

[[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.

Andrew Baca,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2026-21610 Filed 10-21-26; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>