1

SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 

[1360.13]

“UNDERGROUND STORAGE TANKS: TECHNICAL AND FINANCIAL

REQUIREMENTS, AND STATE PROGRAM APPROVAL PROCEDURES”

August 28, 2014

ICR SUPPORTING STATEMENT
 2

TABLE OF CONTENTS

1. IDENTIFICATION OF THE INFORMATION COLLECTION.......................................... 2

1(a) Title and Number of the Information Collection .......................................................... 2

1(b) Short Characterization .................................................................................................. 3

2. NEED FOR AND USE OF THE COLLECTION................................................................. 4

2(a) Need and Authority for the Collection.......................................................................... 4

2(b) Practical Utility and Users of the Data ......................................................................... 7

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA .. 8

3(a) Nonduplication.............................................................................................................. 8

3(b) Public Notice................................................................................................................. 8

3(c) Consultations................................................................................................................. 8

3(d) Effects of Less Frequent Collection............................................................................ 10

3(e) General Guidelines...................................................................................................... 10

3(f) Confidentiality ............................................................................................................ 10

3(g) Sensitive Questions..................................................................................................... 11

4. THE RESPONDENTS AND THE INFORMATION REQUESTED................................. 12

4(a) Respondents and NAICS Codes................................................................................. 12

4(b) Information Requested................................................................................................ 14

5. THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT......................................... 43

5(a) Agency Activities........................................................................................................ 44

5(b) Collection Methodology and Management................................................................. 45

5(c) Small Entity Flexibility............................................................................................... 45

5(d) Collection Schedule .................................................................................................... 45

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION............................. 46

6(a) Estimating Respondent Burden................................................................................... 46

6(b) Estimating Respondent Costs ..................................................................................... 47

6(c) Estimating Agency Burden and Cost.......................................................................... 49

6(d) Estimating the Respondent Universe and Total Burden and Costs ............................ 50

6(e) Bottom Line Burden Hours and Cost.......................................................................... 72

6(f) Reasons for Change in Burden ................................................................................... 73

6(g) Burden Statement........................................................................................................ 73

1. IDENTIFICATION	OF	THE	INFORMATION	COLLECTION

1(a) Title	and	Number	of	the	Information	Collection

Information Collection Request for Underground Storage Tanks: Technical and Financial 

Requirements, and State Program Approval Procedures (Renewal), EPA ICR Number 1360.13, 

OMB No. 2050-0068

This ICR also includes the addition of the “Underground Storage Tank: Information Request 

Letter, Pacific Southwest Region (Region IX)”, EPA ICR Number 2405.01, OMB Number 2009-
 3

0002 program. This ICR was initially approved by OMB on 8/19/2011 and was transferred to 

this ICR package via a change worksheet prior to this renewal. At the end of each section of this 

ICR, the information pertaining to the Region IX program has been added. 

1(b) Short	Characterization

The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act 

(RCRA), requires the U.S. Environmental Protection Agency (EPA) to develop standards for 

underground storage tank systems (USTs), as may be necessary, to protect human health and the 

environment, and procedures for approving state programs in lieu of the federal program. 

Sections 9002, 9003, and 9004 of RCRA specify statutory requirements for new and existing 

tanks. Subtitle I directs EPA to develop performance standards covering:

 Program scope and interim prohibition.

 UST systems: design, construction, installation, and notification.

 General operating requirements.

 Release detection.

 Release reporting, investigation, and confirmation.

 Release response and corrective action for UST systems containing petroleum or 

hazardous substances.

 Out-of-service UST systems and closure.

 Financial responsibility.

EPA promulgated technical and financial responsibility requirements for owners and operators of 

USTs in Title 40 of the Code of Federal Regulations (40 CFR) Part 280.

Under the authority of section 9004 of RCRA, EPA developed procedures for states to use when 

applying for approval to implement a state program in lieu of the federal program. The 

following subparts contain information collection requirements:

 Components of a program application (Subpart B);

 Adequate enforcement of compliance (Subpart D);

 Approval procedures (Subpart E); and

 Withdrawal of approval of state programs (Subpart F).

EPA promulgated state program approval procedures in 40 CFR Part 281.

This ICR is a comprehensive presentation of all information collection requirements contained at 

40 CFR Parts 280 and 281. Sections 1 through 5 of the ICR describe the information collection 

requirements (e.g., in regard to need and use of the information collected). Section 6 estimates 

the annual hour and cost burden to respondents and the Agency under these requirements. The 

ICR presents all 40 CFR Part 280 requirements under the heading “Technical and Financial 

Responsibility Requirements” and all 40 CFR Part 281 requirements under the heading “State 

Program Approval Procedures.”
 4

The type of information to be collected as part of the Part 280 “Technical and Financial 

Responsibility Requirements” include notification forms for new USTs, monitoring records, 

reports on releases and corrective actions taken in response to an UST release. The collected 

information also include reports related to requirements for the closure of tanks, and documents 

related to the financial ability of owners and operators of USTs to remediate or pay for damages 

resulting from releases. Owners and operators of USTs collect this information, retain it on site,

and submit it to EPA or the state implementing agency if requested. The owners and operators of 

UST systems and/or EPA or the implementing agency use the information to monitor results of 

testing, inspections, and operation of UST systems, as well as to demonstrate compliance with 

regulations. States seeking to implement their own UST programs in lieu of the federal program 

under Part 281 “State Program Approval Procedures” must provide EPA with a range of 

documents demonstrating that their programs are no less stringent than the federal UST program 

and provide adequate enforcement of their regulations. EPA then uses this information to 

determine whether to approve a state program and to determine whether approved programs 

continue to meet Part 281 requirements. 

EPA estimates the total annual respondent burden to be about 5 million hours and $376 million

for information collection requirements associated with Part 280 and about 950 hours and 

$52,000 for information collection requirements associated with Part 281. For UST facilities, the 

estimated total average time burden for conducting the activities covered in this ICR is 

approximately 24 hours per respondent annually. For states applying for program approval and 

for states with approved programs, the estimated total average time burden is approximately 23 

hours per state annually. 

Region IX

The United States Environmental Protection Agency (EPA), Region 9, Underground Storage 

Tanks Program Office (“USTPO”) is planning to undertake an effort to increase the rate of 

compliance in Indian country. In FY 08, the rate of compliance in Region 9 Indian country was 

36%. EPA anticipates that an information request pursuant to RCRA section 9005 directed to 

UST facility owners and operators in order to determine compliance at the facilities will help to 

significantly increase the rate of compliance and provide specific compliance assistance where 

applicable. 

2. NEED	FOR	AND	USE	OF	THE	COLLECTION

2(a) Need	and	Authority	for	the	Collection

This section describes the need and authority for each type of information collection analyzed in 

this ICR. The ICR covers all aspects of management of USTs, owner and operator duties, and 

states submitting their own programs for approval, to be administered in lieu of the federal UST 

program. The UST reporting and recordkeeping requirements are intended to yield valuable 

information on UST systems and to ensure prompt action when releases are detected. 
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(1) Technical and Financial Responsibility Requirements

Subtitle I of RCRA, as amended, contains UST statutory requirements. Section 9002 of RCRA, 

as amended, directs EPA to promulgate notification requirements for new USTs. Submitted 

notifications help EPA to track the number and location of new USTs and their design 

specifications. EPA needs to collect this information to ensure that new USTs meet design 

standards and other requirements.

Section 9003(a) through 9003(c) of RCRA, as amended, directs EPA to promulgate technical 

regulations for all USTs. The regulations include, but are not limited to, requirements for 

maintaining records of any monitoring or leak detection system, requirements for reporting 

releases and corrective actions taken in response to an UST release, and requirements for the 

closure of tanks. EPA requires this reporting and recordkeeping to facilitate prompt detection of 

releases and to prevent future releases of regulated substances into the environment.

 

Section 9003(d) of RCRA, as amended, requires that EPA promulgate regulations for 

demonstrating financial responsibility for taking corrective action and compensating third parties 

for bodily injury and property damage caused by sudden and nonsudden accidental releases from 

USTs. To comply with the regulations, private owners and operators and local government 

owners and operators must demonstrate financial responsibility using one or a combination of 

the mechanisms specified at 40 CFR Part 280, Subpart H. The need for financial responsibility

for corrective action and third-party liability is shown by numerous instances of environmental 

damage resulting from releases of regulated substances from tanks. EPA requires this reporting 

and recordkeeping to ensure the financial ability of owners and operators of USTs to remediate 

or pay for damages resulting from releases.

(2) State Program Approval Procedures

Section 9004 of RCRA, as amended, specifies procedures for states to gain approval to 

implement their own UST programs in lieu of the federal program. To receive approval, a state

must demonstrate that its program is no less stringent than the federal UST program and provides 

adequate enforcement of its regulations. 

EPA needs to collect this information to determine whether a state program can sufficiently 

protect human health and the environment. A state must prove that it has the ability to enforce 

its UST regulations relating to tank management and operations as well as releases. Once 

approved, EPA has the authority to request that states with approved state programs furnish to 

EPA, at any time, information in state files on the administration of the program, including data 

on enforcement and compliance under §281.40. EPA needs this information to determine 

whether a state program continues to meet state program approval requirements.

Region IX

The EPA Region 9 USTPO plans to send an information request letter annually to approximately 

500 UST facilities. Certain records must be maintained by UST owners and operators and made 

readily available for inspection. The information is routinely reviewed during inspections but the 
 6

USTPO believes there is non-compliance that warrants additional requests for documents and 

information because an increased level of reporting should correlate to increased compliance 

and, as a result, increased protection of human health and the environment. EPA plans to 

continue this information collection activity within Region 9 indefinitely and will continue to 

monitor the Region’s efforts to increase UST compliance rates.

EPA has already received approval from OMB for its information collection request, entitled 

“EPA Information Collection Request Number 1360.08, Underground Storage Tanks: Technical 

and Financial Requirements, and State Program Approval Procedures." This approval grants 

EPA authority to collect information from owners and operators, as specified in 40 C.F.R. Part 

280, that may otherwise be subject to the Paperwork Reduction Act, including owner and 

operator requirements to notify the implementing agency about bringing a tank into service, 

pursuant to 40 C.F.R § 280.22, and owner and operator requirements to notify the implementing 

agency of any decision to permanently close or make a change-in-service at an UST system, 

pursuant to 40 C.F.R § 280.71. 

EPA's information collection authority, found in RCRA Section 9005, provides, among other 

things, that UST owners and operators shall, upon request, furnish information relating to the 

tanks, their associated equipment, and contents, to EPA. RCRA Section 9005’s information 

request letter authority was codified in the UST regulations at 40 C.F.R. § 280.34. This 

regulation and other provisions of the UST regulations also contain specific ongoing facility 

reporting and record keeping obligations. Also, pursuant to 40 C.F.R. § 280.34, owners and 

operators are required by regulation to cooperate fully with the implementing agency concerning 

the submission of information for reporting and record keeping. 

The recordkeeping provisions of 40 C.F.R. § 280.34(b) include requirements for maintaining 

precisely the type of records the USTPO wishes to request from owners and operators and about 

which this revised information collection request is concerned. The records that are required to 

be maintained and readily accessible for inspection include: (1) a corrosion expert’s analysis of 

site corrosion potential if corrosion protection equipment is not used (40 C.F.R. §§ 280.20(a)(4)

and (b)(3)); (2) documentation of operation of corrosion protection equipment (40 C.F.R. § 

280.31); (3) documentation of UST system repairs (40 C.F.R. § 280.33(f)); (4) recent compliance 

with release detection requirements (40 C.F.R. § 280.45); and (5) results of the site investigations 

conducted at permanent closure (40 C.F.R. § 280.74).

EPA believes there are both a clear need and the statutory and regulatory authority to justify this 

information collection request.
 7

2(b) Practical	Utility	and	Users	of	the	Data

(1) Technical and Financial Responsibility Requirements

The data collected for new and existing UST system operations and financial responsibility

requirements are used by the owners and operators and/or EPA or the implementing agency. 

Data maintained in records are used to monitor results of testing, inspections, and operations of 

UST systems, as well as to demonstrate compliance with regulations.

EPA or the implementing agency uses notifications and submitted information on technical 

standards or financial assurance to monitor compliance with UST regulations. EPA or the 

implementing agency also uses the financial information in the event of a release to decide 

whether funds from the Leaking Underground Storage Tank Trust Fund will be used to pay for 

corrective action.

(2) State Program Approval Procedures

EPA uses state program applications to determine whether to approve a state program. Before 

granting approval, EPA must determine that programs will be no less stringent than the federal

program and contain adequate enforcement mechanisms. EPA uses each part of the program 

application to determine how the state program corresponds to the federal program, how the state

will administer the program, and how to define and coordinate efforts between EPA and the 

state. Once approved, EPA may request that states submit files on the administration of the 

program, including data on enforcement and compliance under §281.40. EPA will use this 

information to determine whether a state program continues to meet state program approval 

requirements. 

Region IX

Section 9003(a) through (c) of RCRA, as amended, directs EPA to promulgate technical 

regulations for all USTs. The regulations include, but are not limited to, requirements for 

maintaining records of any monitoring or leak detection system. EPA requires this 

recordkeeping to facilitate prevention of future releases of regulated substances into the 

environment.

Section 9003(d) of RCRA, as amended, requires that EPA promulgate regulations for 

demonstrating financial responsibility for taking corrective action and compensating third 

parties. The data collected for new and existing UST system operations and financial 

requirements are used by the owners and operators and/or EPA or the implementing agency. 

Data maintained in records are used to monitor results of testing, inspections, and operations of 

UST systems, as well as to demonstrate compliance with regulations and provide compliance 

assistance where applicable. Submitted information is used by EPA or the implementing agency

to monitor compliance with UST regulations. 

 
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3. NONDUPLICATION,	CONSULTATIONS, AND OTHER	

COLLECTION	CRITERIA

3(a) Nonduplication

Most of the information required by the UST regulations is available only from the respondents. 

To avoid duplicating previous work, respondents may draw upon similar analyses in compiling 

data for UST monitoring, recordkeeping, reporting, and testing requirements, provided the 

information meets the requirements specified in the regulations. 

Region IX

Most of the information required by the UST regulations is not available from any source but the 

UST facility owners and operators to whom the requests are directed. To avoid duplicating 

previous work, UST facility owners and operators may draw upon similar analyses in compiling 

data for UST monitoring, recordkeeping, reporting, and testing requirements, provided the 

information meets the requirements specified in the regulations. The information request letters

will request that UST facility owners and operators send to EPA Region 9’s USTPO the 

compliance records that they are already required to keep, but have not previously been asked to 

submit to the Agency.

3(b) Public	Notice

In compliance with the Paperwork Reduction Act of 1995, EPA issued a 60-day public notice in 

the Federal Register on April 22, 2014 (Volume 79, Number 77, Pages 22487-22488). The 

public comment period ended on June 23, 2014. EPA solicited comments on this information 

collection and the estimates in this ICR, as described below:

 Whether the collection of information is necessary for the proper performance of 

the functions of the Agency.

 Whether the Agency’s burden estimate is accurate.

 How to minimize the burden on respondents.

EPA did not receive any comments during the comment period. The public will have a second 

opportunity to comment when EPA submits the ICR to the Office of Management and Budget

(OMB).

3(c) Consultations

Most of the underlying assumptions in this ICR (e.g., burden hour estimates) are based on EPA 

consultations with industry and states conducted during the renewal of previous UST ICRs. As 

part of this ICR renewal, EPA consulted with industry and state agencies. EPA asked industry
 9

representatives to review estimates of hourly labor rates for facility staff and contractors, as well 

as estimates of the time required for facility staff and contractors to perform various tasks 

required under 40 CFR Part 280. EPA consulted the Idaho and Oregon state UST programs 

regarding the time and cost burden estimates for states seeking program approval under 40 CFR 

Part 281. EPA sought out states that had obtained state program approval relatively recently. 

After reviewing the feedback from industry and states, EPA determined that no significant 

modifications to the existing burden hour estimates were warranted at this time. Table 1 lists the 

organizations EPA consulted with as part of the ICR renewal.

Table 1

Organizations Consulted as Part of the ICR Renewal

Region IX

The EPA Region 9 USTPO conducted consultations with the following entities: 

Name of Organization Telephone Number

Sunrise Park Resort 928.735.7669

Fort Apache Timber Company 928.338.4931

H-Market 928.338.4713

Downtown Shell 760.320.6610

Woody’s II Convenience 

Market

928.662.4801

The EPA Region 9 USTPO’s assumptions and conclusions regarding hour and cost 

burden are fully discussed in Section 6(a) of this document. 

Organization Contact Person Telephone Number

Industry

Circle K Stores Inc. Debrah Carl 704 583-5762

Brownfield Restoration Group for the 

Goodyear Tire & Rubber Company Emily Gloeckler 330 668-4600 ext. 115

Hess Corporation Jim Howard 732 750-6220

7-Eleven, Inc. Scott Johnson 847 608-1136

Aegis Environmental Scott Mortimer 804 378-6015

States

Idaho Department of Environmental Quality Kristi Lowder 208 373-0347

Oregon Department of Environmental Quality Mitch Scheel 503 229-6704
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3(d) Effects	of	Less	Frequent	Collection

EPA has carefully considered the burden imposed on the regulated community by the 

information collection requirements covered in this ICR. EPA is confident that those activities 

required of respondents are necessary; to the extent possible, the Agency has attempted to 

minimize the burden imposed. If the minimum information collection requirements specified 

under the revisions are not met, neither the facilities nor EPA can ensure that UST systems are 

being managed in a manner protective of human health and the environment. 

Region IX

The EPA Region 9 USTPO has considered the burden imposed upon the regulated community 

by the information collection requirements covered in this revision to the existing ICR. EPA is 

confident that those activities required of the UST facility owners and operators to whom the 

USTPO’s anticipated information request letters are sent are necessary, and to the extent 

possible, the USTPO has attempted to minimize the burden imposed. The USTPO believes 

strongly that, if it is unable to submit the information request letters to owners and operators, it 

will continue to be a problem for the USTPO to ensure that UST systems are being managed in a 

manner protective of human health and the environment.

3(e) General	Guidelines

This ICR adheres to 5 CFR 1320.5(d)(2)), with some exceptions. UST owners or operators are 

required to provide a written response in fewer than 30 days when reporting suspected releases 

(§280.50) and reporting spills and overfills (§280.53). In several instances, Part 280 requires

owners and operators of USTs to maintain records for more than 30 days. Section 4(b) describes 

the duration of these recordkeeping requirements. In addition, an owner or operator must notify

the implementing agency within 10 days if the owner or operator fails to obtain alternative 

financial assurance within 150 days of discovering, or within 30 days of being notified by the 

implementing agency, that he or she no longer meets the financial test. UST owners and 

operators and providers of financial assurance must also adhere to notification requirements 

regarding bankruptcy or other incapacities within 10 days after commencement of bankruptcy

proceedings (§280.114). These requirements enable EPA and the implementing agency to 

ensure that owners and operators are managing their UST systems in a manner protective of 

human health and the environment. 

Region IX

This revision to the existing ICR adheres to the guidelines stated in the Paperwork Reduction Act 

of 1995, OMB’s implementing regulations, EPA’s ICR Handbook, and other applicable OMB 

guidance.

3(f) Confidentiality
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Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA’s general policy on 

public disclosure of information, contain provisions for confidentiality. However, the Agency

does not anticipate that businesses will assert a claim of confidentiality covering all or part of the 

requirements covered in this ICR. If businesses assert such a claim, EPA must and will treat the 

information in accordance with the regulations cited above. EPA will also ensure that this 

information collection complies with the Privacy Act of 1974 and OMB Circular A-130.

Region IX

Section 9005(b) of RCRA and 40 CFR 2, Subpart B, which define EPA’s general policy on 

public disclosure of information, contain provisions for confidentiality. However, the USTPO 

does not anticipate that businesses will assert claims of confidentiality covering all or part of the 

requirements covered in this revision to the existing ICR. If any such claim were asserted, EPA 

must and will treat the information in accordance with the confidentiality provisions cited above. 

EPA will also ensure that this information collection complies with the Privacy Act of 1974 and 

OMB Circular 108.

3(g) Sensitive	Questions

No questions of a sensitive nature are included in any of the UST information collection 

requirements. 

Region IX

No questions of a sensitive nature will be included in any of the UST information collection 

requests submitted to UST facility owners and operators by the USTPO.
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4. THE	RESPONDENTS	AND	THE	INFORMATION	REQUESTED

4(a) Respondents	and	NAICS	Codes

Table 2 lists the North American Industry Classification System (NAICS) sectors associated with 

industries most likely affected by the information collection requirements associated with the 

revisions covered in this ICR. Other sectors likely affected by the information collection 

requirements in the revisions include local, state, and federal governments.

Table 2

NAICS Sectors of Affected Industries

NAICS Sector NAICS Sector Description

211112 Natural Gas Liquid Extraction

325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing

331311 Alumina Refining

325131 Inorganic Dye and Pigment Manufacturing

325188 All Other Basic Inorganic Chemical Manufacturing

325211 Plastics Material and Resin Manufacturing

325510 Paint and Coating Manufacturing

325110 Petrochemical Manufacturing

325188 All Other Basic Inorganic Chemical Manufacturing

325193 Ethyl Alcohol Manufacturing

325120 Industrial Gas Manufacturing

325199 All Other Basic Organic Chemical Manufacturing

325510 Paint and Coating Manufacturing

311942 Spice and Extract Manufacturing

325199 All Other Basic Organic Chemical Manufacturing

325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing

324110 Petroleum Refineries

336399 All Other Motor Vehicle Parts Manufacturing

332999 All Other Miscellaneous Fabricated Metal Product Manufacturing

333319 Other Commercial and Service Industry Machinery Manufacturing

332710 Machine Shops

333999 All Other Miscellaneous General Purpose Machinery Manufacturing
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NAICS Sector NAICS Sector Description

336211 Motor Vehicle Body Manufacturing

336312 Gasoline Engine and Engine Parts Manufacturing

336322 Other Motor Vehicle Electrical and Electronic Equipment Manufacturing

336330 Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing

336340 Motor Vehicle Brake System Manufacturing

336350 Motor Vehicle Transmission and Power Train Parts Manufacturing

336399 All Other Motor Vehicle Parts Manufacturing

562112 Hazardous Waste Collection

562119 Other Waste Collection

484110 General Freight Trucking, Local

484210 Used Household and Office Goods Moving

484220 Specialized Freight (except Used Goods) Trucking, Local

221111 Hydroelectric Power Generation

221112 Fossil Fuel Electric Power Generation

221113 Nuclear Electric Power Generation

221119 Other Electric Power Generation

221121 Electric Bulk Power Transmission and Control

221122 Electric Power Distribution

486210 Pipeline Transportation of Natural Gas

454311 Heating Oil Dealers

454312 Liquefied Petroleum Gas (Bottled Gas) Dealers

424710 Petroleum Bulk Stations and Terminals

441110 New Car Dealers

447110 Gasoline Stations with Convenience Store

447190 Other Gasoline Stations

811111 General Automotive Repair
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4(b) Information	Requested

In the following paragraphs, this ICR describes the data items (including recordkeeping 

requirements) and respondent activities associated with UST technical and financial

responsibility requirements and the state program approval application requirements contained at 

40 CFR Parts 280 and 281, respectively.

(1) Technical and Financial Responsibility Requirements: Data Items and Respondent 

Activities

Regulations at 40 CFR Part 280 contain technical and financial responsibility requirements for 

owners and operators of USTs. Part 280 is divided into eight subparts (Subparts A through H). 

This ICR summarizes the information collection requirements, and associated data items and 

respondent activities, in the order in which they appear in Part 280, in the following subparts:

 Program scope and interim prohibition (Subpart A).

 UST systems: design, construction, installation, and notification (Subpart B).

 General operating requirements (Subpart C).

 Release detection (Subpart D).

 Release reporting, investigation, and confirmation (Subpart E).

 Release response and corrective action for UST systems containing petroleum or 

hazardous substances (Subpart F).

 Out-of-service UST systems and closure (Subpart G).

 Financial responsibility (Subpart H).

(a) Program Scope and Interim Prohibition

Interim prohibition requires a new UST system to have corrosion protection if it is deferred from 

the regulations unless a corrosion expert finds the site to be relatively non-corrosive. Deferrals 

include the following types of UST systems: (1) wastewater treatment tank systems, (2) UST 

systems containing radioactive material that are regulated by the Atomic Energy Act, (3) UST 

systems associated with emergency generation systems at a nuclear power generation facility, (4) 

airport hydrant fuel distribution systems, and (5) UST systems with field-constructed tanks. 

§280.11(b) requires owners or operators that have installed an UST system without corrosion 

protection at sites listed above to maintain records documenting that a corrosion expert 

determined the site was not corrosive enough to cause the UST system to have a release due to 

corrosion during its operating life. These records of compliance must be maintained for the 

remaining life of the tank (§280.11(b)).

(i) Data Items:

 Records documenting that a corrosion expert determined the site was not 

corrosive enough to cause the UST system to have a release due to corrosion 

during its operating life.
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(ii) Respondent Activities:

 Have a corrosion expert inspect the site; and

 Maintain the records demonstrating compliance.

(b) UST Systems: Design, Construction, Installation, and Notification

(b1) Performance Standards for New UST Systems – Tanks and Piping without 

Corrosion Protection

Tanks and piping in contact with the ground that routinely contain regulated substances must 

have corrosion protection unless a corrosion expert finds the site to be relatively non-corrosive 

(§§280.20(a) and (b)). §280.20(a)(4)(i) and (ii) and §280.20(b)(3)(i) and (ii) require owners or 

operators that have installed an UST system with metal tanks and/or piping without corrosion 

protection to maintain records demonstrating that a corrosion expert determined the site was not 

corrosive enough to cause the UST system to have a release due to corrosion during its operating 

life. These records of compliance must be maintained for the remaining life of the tank and/or 

piping.

(i) Data Items:

 Records documenting that a corrosion expert determined that the site is not 

corrosive enough to cause the UST system to have a release due to corrosion 

during its operating life.

(ii) Respondent Activities:

 Have a corrosion expert inspect the site; and

 Maintain the records demonstrating compliance.

(b2) Certification of Installation

§280.20(e) requires owners and operators to ensure that tanks and piping were installed properly 

through certification, testing, or inspection. Owners and operators must demonstrate compliance 

of proper installation methods by providing a certification of compliance on the UST notification 

form in accordance with §280.22 (§280.20(e)). This burden is included below in the Notification 

Requirements section (b4).
 16

(b3) Periodic Lining Inspections

§280.21 establishes requirements for all UST systems that have been upgraded.1 

§280.21(b)(1)(ii) requires inspection of all tanks upgraded by internal lining within 10 years after 

lining and every 5 years thereafter. The purpose of the inspection is to determine whether a tank 

is structurally sound and the lining is still performing in accordance with original design 

specifications.

(i) Data Items:

 Records that show a lined tank is structurally sound and that the lining is still 

performing in accordance with original design specifications.

(ii) Respondent Activities:

 Conduct internal tank inspection within 10 years after lining and every 5 years 

thereafter.

 Maintain records. 

[NOTE: Although §280.21(b) does not explicitly require maintenance of inspection records, the 

regulations do require the use of a code of practice developed by a nationally recognized 

association or independent testing laboratory in order to comply with the regulations under this 

section. Because most of these codes of practice require maintenance of inspection records, EPA 

has included this burden in this ICR. In addition, EPA notes that the Agency may use these 

inspection records for enforcement purposes.]

(b4) Notification Requirements

§280.22 describes the notification requirements for new UST systems. All of the information in 

sections I through XI of the notification form (see the latest notification form on EPA’s website,

www.epa.gov/oust/fedlaws/cfr.htm), or similar state forms used in lieu of the federal form, must 

be filled out completely (§280.22). In addition, any person selling an UST must notify the 

purchaser of such tanks of the owner’s notification obligations under §280.22(a) (§280.22(g)).

(i) Data Item:

 Completed notification form (§§280.22(a) through (g)) that includes:

o Ownership of USTs.

o Location of USTs.

o Type of owner.

o Indication of presence of USTs in Indian Country.

o Type of facility.

o Contact person in charge of tanks.

 

1

 As specified at 40 CFR 280.21(a), all open UST systems should have been upgraded by December 22, 

1998.
 17

o Certificate of compliance with financial responsibility.

o Certificate of form completion.

o Description of USTs and piping.

o Description of closure or change in service.

o Certificate of installation.2

(ii) Respondent Activities:

 Prepare and submit notification form within 30 days of bringing an UST system 

into use.

 Notify purchaser of an UST of the owner’s notification obligations.

(c) General Operating Requirements

(c1) Operation and Maintenance of Corrosion Protection

Owners and operators with cathodically protected steel UST systems must periodically inspect 

their systems and have a qualified cathodic protection tester conduct periodic tests. 

§§280.31(d)(1) and (2) require owners and operators to maintain records that demonstrate 

compliance with performance standards for UST systems using cathodic protection.

(i) Data Items:

 Records that demonstrate compliance with performance standards for UST 

systems using cathodic protection, including:

o For all tanks with cathodic protection, results from the last two tests of the 

cathodic protection system (§§280.31(b)(1) and (2)).

o For tanks using impressed cathodic protection systems, results of the last 

three inspections of the cathodic protection equipment on UST systems 

(§280.31(c)).

(ii) Respondent Activities:

 Have a qualified cathodic protection tester conduct the test for all cathodic 

protection systems within six months of installation, at least every three years 

thereafter, and within six months of the repair of any cathodically protected UST 

system (§280.33(e)).

 Conduct the inspection for impressed current cathodic protection systems every

60 days.

 

2

 For certification of installation, the full burden is included in this section. For other data items, this 

section only includes the burden for compiling these data items, not for obtaining them. The burden 

associated with obtaining these data items is covered in other parts of the ICR under §§280.20(a) and (b) 

(cathodic protection of steel tanks and piping), §§280.95 through 280.114 (financial responsibility), and 

§§280.40 through 280.45 (release detection).
 18

 Maintain records. 

(c2) Maintenance of Repair Records

§280.33(f) requires owners and operators to maintain records of each repair for the operating life 

of the UST system. These records must demonstrate that repairs will prevent releases due to 

structural failure or corrosion as long as the UST system is used to store regulated substances 

(§280.33(f)). 

(i) Data Items:

 Records of each repair for the operating life of the UST system. 

(ii) Respondent Activities:

 Gather information on each repair.

 Conduct tightness testing 30 days after repair in accordance with §§ 280.43(c) and 

280.44(b), except as provided in §§280.33(d)(1) through 280.33(d)(3) 

(§280.33(d)).

 Maintain records.

(c3) Reporting

§280.34(a) requires owners and operators to cooperate fully with the implementing agency

concerning submission of information. Owners and operators must submit to the implementing 

agency the information gathered and requested in §§280.20(e), 280.22, 280.50, 280.53, 280.61, 

280.62, 280.63, 280.64, 280.65, 280.66, and 280.71. Data items and respondent activities, as 

well as the associated hour and cost burden, are specified and covered in each of the respective 

sections (§280.34(a)). 

(c4) Recordkeeping

§§280.34(b) and (c) require owners and operators to cooperate fully with the implementing 

agency concerning the recordkeeping, availability, and maintenance of information. Owners and 

operators must maintain the information requested in §§280.20(a)(4), 280.20(b)(3), 280.31, 

280.33(f), 280.45, and 280.74. Data items and respondent activities, as well as the associated 

hour and cost burden, are specified and covered in each of the respective sections.

(d) Release Detection

(d1) General Requirements for All UST Systems
 19

§280.40 outlines release detection requirements applicable to nearly all UST systems.3 §280.40 

also provides that, when a release detection method indicates that a release may have occurred, 

owners and operators must notify the implementing agency in accordance with Subpart E. Data 

items and respondent activities associated with release detection requirements are covered under 

§§280.43, 280.44, and 280.45. Data items and respondent activities associated with the reporting 

of suspected releases are covered in the subsequent section, “Release Reporting, Investigation, 

and Confirmation” (40 CFR Part 280, Subpart E).

(d2) Release Detection for Tanks

§280.43 specifies methods that UST owners and operators may use to meet the release detection 

requirements for tanks at §280.41(a). Owners and operators are required to record results of 

measurements or tests indicating whether a release has or has not occurred. 

(i) Data Items:

Inventory Control

 Records of inventory control, including:

o Inventory volume measurements for regulated substance inputs, 

withdrawals, and remaining substance for each operating day

(§§280.43(a)(1) and (3)).

o Records of product dispensing, recorded to local standards for meter 

calibration or within six cubic inches for every five gallons withdrawn 

(§280.43(a)(5)).

o Records of measurements of any water level in the bottom of the tank, to 

the nearest one-eighth inch, at least once per month (§280.43(a)(6)).

Manual Tank Gauging

 Records of manual tank gauging, including weekly records of tank liquid level 

measurements, taken at the beginning and end of a minimum time period during 

which the contents of the tank are not disturbed (§280.43(b)(1)). 4

 Records of tank tightness testing that demonstrate testing is capable of detecting a 

0.1-gallon-per-hour leak rate (§280.43(c)).

Automatic Tank Gauging

 Records of automatic tank gauging tests, including:

o Monthly automatic product level monitor tests (§280.43(d)(1)).

o For automatic tank gauging systems that do not meet the performance 

standard in §280.40(a)(3), records of inventory control (or another test of 

equivalent performance, conducted in accordance with the requirements of 

§280.43(a) (§280.43(d)(2))).

 

3 Emergency generator tanks are currently deferred from 40 CFR Part 280 Subpart D.

4

 Tanks exceeding a 2,000-gallon capacity may not use this method of release detection (also see 

previous footnote).
 20

Vapor Monitoring

 Monthly records of vapor monitoring within the soil gas of the excavation zone 

(§280.43(e)).

Groundwater Monitoring

 Monthly records of groundwater monitoring (§280.43(f)).

Interstitial Monitoring

 Monthly records of interstitial monitoring between the UST system and a 

secondary barrier immediately around or beneath it (§280.43(g)).

Alternative Technology

 A demonstration for another release detection method (§280.43(h)(2)).

o Monthly records of another approved release detection method, if 

necessary (§280.43(h)(2)).

(ii) Respondent Activities:

 If using inventory control, record delivery, dispensing, and inventory

measurements each operating day, reconcile measurements monthly, record 

monthly water level measurements, and perform tank tightness testing.5

 If using manual tank gauging with tank tightness testing, record two consecutive 

tank liquid level measurements at the beginning and ending of a minimum time 

period each week, reconcile measurements monthly, and perform tank tightness 

testing.6

 If using manual tank gauging only (i.e., without tank tightness testing), record two 

consecutive tank liquid level measurements at the beginning and ending of a 

minimum time period each week, and reconcile measurements monthly.

 If using automatic tank gauging, record results of monthly automatic product level 

monitoring tests and, if necessary, daily inventory volume measurements.

 If using vapor monitoring, record results of monthly monitoring.

 If using groundwater monitoring, record results of monthly monitoring.

 If using interstitial monitoring, record results of monthly monitoring.

 If wishing to use an alternative technology, prepare and submit a demonstration 

for an alternative release detection method and, if necessary, record monthly

results.

 

5

 If an UST system meets the performance standards in §280.20 or §280.21, product inventory control 

may be used in conjunction with tank tightness testing every 5 years until 10 years after installation of the 

tank (see §280.41(a)(1)).

6

 See previous footnote.
 21

(d3) Release Detection for Piping

§280.44 specifies methods that UST owners and operators may use to meet the release detection 

requirements for piping at §280.41(b). Owners and operators are required to maintain the 

following types of measurement records to demonstrate compliance. 

(i) Data Items:

 Records of an annual automatic line leak detector test conducted according to the 

manufacturer’s requirements (§280.44(a)), and either:

o Records from a line tightness test conducted per §280.44(b).

o Records from any of the methods identified in §§280.43(e) through (h) (as 

described above for tanks) if they are designed to detect a release from any 

portion of the underground piping that routinely contains regulated 

substances (§280.44(c)). [Burden associated with this requirement is 

already covered in the Release Detection for Tanks subsection above.]

(ii) Respondent Activities:

 Conduct and record annual test of the operation of the automatic line leak detector 

in accordance with the manufacturer’s requirements, and either:

o Conduct and record results of an annual line tightness test.

7

o Conduct and record results of monthly monitoring.8

(d4) Release Detection Recordkeeping

§280.45 requires that owners and operators maintain records that contain information about each 

release detection system in place at an UST system. 

(i) Data Items:

 All written performance claims about any system used, and the way the claims 

were justified or tested by the manufacturer or installer (§280.45(a)).

 Results of any sampling, testing, or monitoring (§280.45(b)).

 

7

 Based on program experience, EPA believes that approximately 84 percent of the lines are pressurized 

and 16 percent are suction lines. However, EPA was unable to estimate the number of suction lines that 

require leak detection monitoring and use three-year line tightness testing. Therefore, this ICR assumes 

all lines used are pressurized piping for line tightness testing calculations. Because suction lines do not 

have to comply with certain leak detection requirements, this ICR overestimates the burden for this 

section.

8

 The burden associated with monthly monitoring is covered in other parts of the ICR under §§280.43 (e) 

(vapor monitoring), 280.43 (f) (groundwater monitoring), 280.43 (g) (interstitial monitoring), and 280.43 

(h) (other methods).
 22

 Written documentation of all calibration, maintenance, and repair of any release 

detection system located permanently on site (§280.45(c)).

 Any schedule of required calibration, and maintenance provided by the equipment 

manufacturer (§280.45(c)).

(ii) Respondent Activities: 

 Maintain records for the periods of time as follows:

o Performance claims – five years from date of installation, unless 

implementing agency advises otherwise.

o Sampling, testing, or monitoring results – one year unless implementing 

agency advises otherwise, except for tank tightness testing, in which case 

records are to be maintained until the next test is conducted.

o Documentation of all calibrations, maintenance, and repairs – one year 

after servicing was completed, unless implementing agency advises 

otherwise.

o Manufacturer calibration and maintenance schedules – five years from 

date of installation.

(e) Release Reporting, Investigation, and Confirmation

(e1) Reporting of Suspected Releases

§280.50 requires owners and operators to report within 24 hours to the implementing agency if a 

release is suspected and the release exceeds 25 gallons (or for hazardous substances that exceed 

the reportable quantity), or if a smaller release cannot be cleaned up within 24 hours.

(i) Data Items:

 Information on a discovery of released regulated substances at the UST site or 

surrounding area (§280.50(a)).

 Information on unusual operating conditions, unless system equipment is found to 

be defective but not leaking, and is immediately repaired (§280.50(b)).

 Monitoring results from a release detection method required under §§280.41 and 

280.42 that indicate a release may have occurred, unless (1) a monitoring device 

is found to be defective and upon repair, recalibration, or replacement, does not 

confirm a release, or (2) a second month of data from inventory control does not 

confirm the initial result (§§280.50(c)(1) and (2)).

(ii) Respondent Activities:

 Gather information on the suspected release; and

 Report the suspected release.
 23

(e2) Reporting and Cleanup of Spills and Overfills

§§280.53(a) through (b) require owners and operators to immediately contain and clean up a spill 

or overfill, and to report certain releases. Owners and operators must report to the implementing 

agency within 24 hours, or another reasonable period specified by the implementing agency, in 

the following cases:

 Spill or overfill that results in a release to the environment exceeding 25 gallons 

or another reasonable amount as specified by the implementing agency, or that 

causes a sheen on nearby surface water (§280.53(a)(1)).

 Spill or overfill of a hazardous substance that equals or exceeds its reportable 

quantity under CERCLA (40 CFR Part 302) (§280.53(a)(2)).

In addition, owners and operators must contain and immediately cleanup a spill or overfill of 

petroleum that is less than 25 gallons or another reasonable amount specified by the 

implementing agency, and a spill of a hazardous substances that is less than the reportable 

quantity. 

If cleanup cannot be accomplished within 24 hours, or another reasonable period specified by the 

implementing agency, owners and operators must immediately notify the implementing agency.

(i) Data Items:

 Report on spill or overfill that exceeds 25 gallons or equals or exceeds a 

reportable quantity under CERCLA.

 Notification of spill or overfill of less than 25 gallons, if it cannot be cleaned up 

within 24 hours.

(ii) Respondent Activities:

 Report spill or overfill within 24 hours if over 25 gallons or the reportable 

quantity.

 Notify the implementing agency if unable to cleanup a spill less than 25 gallons or 

the reportable quantity.

9

(f) Release Response and Corrective Action for UST Systems Containing 

Petroleum or Hazardous Substances

(f1) Initial Response

 

9

 Spill and overfill reporting specified in sections 280.53(a) through (b) represents a subset of similar 

reporting that must be initiated for all releases meeting certain criteria; in this ICR, these burdens are 

covered under section 280.50. 
 24

Upon confirmation of a release in accordance with §280.52 or another procedure, owners and 

operators must conduct initial response actions within 24 hours of a release or within another 

reasonable period determined by the implementing agency. The initial response is a release 

report, which may be submitted to the implementing agency by telephone or electronic mail 

(§280.61(a)).

(i) Data Item:

 Release report.

(ii) Respondent Activity:

 Report the release to the implementing agency (e.g., by telephone or electronic 

mail).

(f2) Initial Abatement Measures Report and Site Check

§280.62(b) requires owners and operators to submit within 20 days, or another reasonable period 

determined by the implementing agency, a report summarizing initial abatement steps taken and 

any resulting information or data in accordance with §280.62(a).

(i) Data Item:

 Report on initial abatement steps and resulting information or data.

(ii) Respondent Activities:

 Gather information during initial abatement; and

 Prepare and submit a summary report of initial abatement steps.

(f3) Initial Site Characterization

§280.63 requires owners and operators to assemble information about the site and the nature of 

the release, including information from initial abatement measures in §§280.60 and 280.61. 

Under §280.63(b), the information collected must be submitted to the implementing agency

within 45 days of the release confirmation or another reasonable period of time determined by

the implementing agency, in a manner that demonstrates its applicability and technical adequacy, 

or in a format and according to the schedule required by the implementing agency.

(i) Data Items:

 Data on the nature and estimated quantity of the release (§280.63(a)(1)).

 Data on surrounding populations, water quality, use, and locations of wells, 

subsurface soil conditions, locations of subsurface sewers, climatological 

conditions, and land use (§280.63(a)(2)).
 25

 Results of the site check under §280.62(a)(5) (§280.63(a)(3)).

 Results of free product investigations under §280.62(a)(6) (§280.63(a)(4)).

(ii) Respondent Activities:

 Gather information for the initial site characterization; and

 Prepare and submit information per implementing agency instructions.

(f4) Free Product Removal

§280.64 requires owners and operators to remove free product to the maximum extent 

practicable if investigations under §280.62(a)(6) indicate removal is warranted. Under 

§280.64(d), owners and operators must assemble information and prepare and submit a free 

product removal report within 45 days after confirmation of a release.

(i) Data Items:

 Names of people responsible for free product removal measures (§280.64(d)(1)).

 Estimated quantity, type, and thickness of free product observed or measured 

(§280.64(d)(2)).

 Type of recovery system used (§280.64(d)(3)).

 Location of discharge, if any (§280.64(d)(4)).

 Type of treatment applied to, and effluent quality expected from, any discharge 

(§280.64(d)(5)).

 Steps that have been or are being taken to obtain permits for discharges 

(§280.64(d)(6)).

 Disposition of recovered free product (§280.64(d)(7)).

(ii) Respondent Activities:

 Gather information for free product removal report; and

 Prepare and submit report.

(f5) Investigations for Soil and Groundwater Cleanup

§280.65 requires owners and operators to conduct investigations of soil and groundwater if any

of the following conditions exist: (1) there is evidence that groundwater wells have been 

affected; (2) free product is found; (3) there is evidence of contaminated soils in contact with 

groundwater; or (4) there are potential effects of soil or groundwater on nearby surface water and 

groundwater resources. Under §280.65(b), owners and operators must submit information 

covering the release, the release site and the area affected by the release after investigating the 

impacts of the release on the soils and groundwater. The information must be collected and 

submitted within a reasonable time established by the implementing agency if the conditions in 

§§280.65(a)(1) through (4) exist.
 26

(i) Data Item:

 Information on soil and groundwater impacts of release. 

(ii) Respondent Activities:

 Gather information from soil and groundwater cleanup investigations; and

 Submit collected information.

(f6) Corrective Action Plan

§280.66 specifies corrective action requirements for USTs. The implementing agency may

require owners and operators to submit additional information or a corrective action plan for 

responding to contaminated soils or groundwater. Upon approval, owners and operators must 

implement the plan and report the results of implementation. In addition, in order to keep 

contamination at a site to a minimum, owners and operators may begin cleanup prior to plan 

approval by notifying the implementing agency of the intention to begin cleanup and including 

the cleanup measures in the corrective action plan, provided they comply with any conditions 

imposed by the implementing agency and incorporate self-initiated cleanup measures into the 

corrective action plan.

(i) Data Items:

 Additional information or a corrective action plan for responding to contaminated 

soils or groundwater.

 Notification of commencing cleanup prior to obtaining corrective action plan 

approval.

 A report on plan implementation results.

(ii) Respondent Activities:

 Prepare and submit a corrective action plan or additional information;

 If applicable, notify the implementing agency of early cleanup; and

 Report the results of implementing the plan.

(g) Out-of-Service UST Systems and Closure

(g1) Permanent Closure and Changes-in-Service Notification

§280.71(a) requires that owners and operators notify the implementing agency of any decision to 

permanently close or make a change-in-service at an UST system. The notification must be 

made at least 30 days prior to beginning permanent closure or change-in-service actions. The 

notification can be made using the general notification form, available on OUST’s website.

After notification, but before completing a closure or change-in-service, the owner or operator 

must complete an excavation zone assessment under §280.72(a). 
 27

(i) Data Item:

 Notification of close or change-in-service at an UST system.

(ii) Respondent Activities:

 Notify the implementing agency of permanent closure or a change-in-service; and

 Conduct an excavation zone assessment.

(g2) Closure Records

Section 280.74 requires owners and operators to maintain records in accordance with section 

280.34 that are capable of showing compliance with closure requirements. Owners and 

operators also are required to maintain results of the excavation zone assessment required in 

section 280.72 for at least three years after completion of permanent closure or change-inservice.

(i) Data Items:

 Records showing compliance with closure requirements (§280.74).

(ii) Respondent Activities:

 Maintain closure records after permanent closure or a change-in-service for at 

least three years after the results of the excavation zone assessment are obtained.

 Mail the records to the implementing agency if the records cannot be maintained 

at the closed UST site.

(h) Financial Responsibility

(h1) Financial Responsibility Mechanisms

40 CFR Part 280, Subpart H financial responsibility requirements apply to all owners of 

petroleum USTs, except those exempted in §§280.10(b) and (c), as specified by §280.90(d). 

Owners of existing USTs, except for local government entities, were required to comply with the 

financial responsibility requirements by the dates specified in §280.91.

An owner or operator may use any one or combination of the mechanisms listed in §§280.95 

through 280.103 to demonstrate financial responsibility. In addition to these options, a local 

government operator may use any one or a combination of the mechanisms listed in §§280.104 

through 280.107. Each of these options is described in detail below in subsections (2) through 

(14). [NOTE: This ICR aggregates the burden associated with each of these financial 

mechanisms; the reporting burden for financial responsibility requirements is presented under 

§280.110 and the recordkeeping burden is presented under §280.111.]
 28

Financial Test of Self Assurance

§280.95 outlines the procedures for a financial test of self assurance as a means of satisfying 

financial responsibility requirements. Owners and operators have the option of meeting the 

criteria specified in either §280.95(b) or 280.95(c).

(i) Data Items:

The §280.95(b) criteria require the following data items:

 A letter signed by the chief financial officer (CFO), worded exactly as stated in 

§280.95(d) (§280.95(b)(3)).

 Annual financial statements (§280.95(b)(4)(i)) or annual tangible net worth 

statements (§280.95(b)(4)(ii)).

The §280.95(c) criteria require the following data items:

 Fiscal year-end financial statements of the owner or operator, or the guarantor, 

and an independent certified public accountant (CPA) report (§280.95(c)(2)).

 A letter signed by the CFO, worded exactly as in §280.95(d) (§280.95(c)(4)).

 A special report from an independent CPA, if annual financial statements were 

not submitted to the U.S. Securities and Exchange Commission (SEC), the Energy

Information Administration, or the Rural Electrification Administration10

(§280.95(c)(5)). 

The implementing agency also may require submittal of the following data items at any time:

 Reports of financial condition (§280.95(f)).

 A notification of failure to find alternate financial assurance, if the owner or 

operator cannot find such assurance within 150 days of finding that he or she 

cannot meet the requirements of the financial test, or within 30 days of notice 

from the implementing agency (§280.95(g)).

(ii) Respondent Activities:

 Obtain and keep on file a signed and dated letter from the CFO.

 File financial statements annually with the SEC, the Energy Information 

Administration, or the Rural Electrification Administration; or report the tangible 

net worth to Dun and Bradstreet annually.

 Maintain current financial condition records.

 

10 The Rural Electrification Administration is now the Rural Utilities Service.
 29

Owners and operators demonstrating the financial test under §280.95(c) must conduct the 

following activities:

 Have an independent CPA examine financial statements and prepare a report.

 Obtain and keep on file a signed and dated letter from the CFO.

 Obtain a special report from an independent CPA if annual financial statements 

were not submitted to the SEC, the Energy Information Administration, or the 

Rural Electrification Administration.

 Maintain current financial condition records.

Owners and operators also may have to perform the following activities:

 Submit current financial condition reports, if requested by the implementing 

agency.

 Notify implementing agency within 10 days if owner or operator fails to obtain 

alternative financial assurance within 150 days of discovering, or within 30 days 

of being notified by the implementing agency, that he or she no longer meets the 

financial test.

[NOTE: This ICR covers the burden associated with these activities under §280.110 (reporting) 

and §280.111 (recordkeeping).]

Guarantee

§280.96 outlines the procedures for obtaining a guarantee as a means of satisfying the financial 

responsibility requirements.

(i) Data Items:

 A letter from the CFO of the guarantor, as worded in §280.95(d) (§280.96(a)).

 A guarantee, as specified in §280.96(c).

 A standby trust agreement worded exactly as in §280.103(b) (§280.96(d)). [The 

trust agreement burden is covered subsequently in this ICR.]

(ii) Respondent Activities:

 Obtain and keep on file a letter from the CFO of the guarantor; and

 Obtain and keep on file a guarantee from the guarantor.

[NOTE: This ICR covers the burden associated with these activities under §280.111 

(recordkeeping).]
 30

Insurance and Risk Retention Group Coverage

§280.97 outlines the procedures for obtaining liability insurance as a means of satisfying the 

financial responsibility requirements.

(i) Data Item:

 Insurance or risk retention group coverage policy with endorsement amendment 

(§§280.97(a) through (b)).

(ii) Respondent Activities:

 Obtain and keep on file an insurance or risk retention group coverage policy.

[NOTE: This ICR covers the burden associated with this activity under §280.111 

(recordkeeping).]

Surety Bond

§280.98 outlines the procedures for obtaining a surety bond as a means of satisfying the financial 

responsibility requirements.

(i) Data Items:

 A surety bond worded exactly as in §280.98(b).

 A standby trust agreement worded exactly as in §280.103(b) (§280.98(d)). [The 

trust agreement burdened is covered subsequently in this ICR.]

(ii) Respondent Activities:

 Obtain and keep on file a copy of the surety bond.

[NOTE: This ICR covers the burden associated with this activity under section 280.111 

(recordkeeping).]

Letter of Credit

§280.99 outlines the procedures for obtaining a letter of credit as a means of satisfying the 

financial responsibility requirements.

(i) Data Items:

 An irrevocable standby letter of credit worded exactly as in §280.99(b).

 A standby trust agreement worded exactly as in §280.103(b) (§280.99(c)). [The 

trust agreement burden is covered subsequently in this ICR.]
 31

(ii) Respondent Activities:

 Maintain and keep on file the irrevocable standby letter of credit.

[NOTE: This ICR covers the burden associated with this activity under §280.111 

(recordkeeping).]

Use of State-Required Mechanisms

§280.100 allows UST owners and operators in states without program approval to satisfy the 

requirements of §280.93 by using a state-required financial mechanism, if approved by EPA. 

The owner or operator, state, or any other party may request approval.

(i) Data Items:

 A written petition requesting consideration of one or more of the state-required 

mechanisms to meet §280.93 requirements (§280.100(c)).

 Copies of state statutory and regulatory requirements and amounts of funds for 

coverage (§280.100(c)).

 Additional information, as deemed necessary by EPA (§280.100(c)).

(ii) Respondent Activities:

 Prepare and submit the petition package; and

 Retain a copy of the petition package.

[NOTE: This ICR covers the burden associated with these activities under section 280.110 

(reporting) and §280.111 (recordkeeping).]

State Fund or Other State Assurance

Section 280.101 allows UST owners and operators in states without program approval to satisfy

the requirements of §280.93 by using a state fund or other state assurance, if approved by EPA. 

To satisfy the requirements of §280.93, the owner or operator must obtain a letter or certificate 

from the state.

(i) Data Item:

 A letter or certificate issued by the state containing: (1) the facility’s name and 

address; and (2) the amount of funds for corrective action and/or for 

compensating third parties that is assured by the state (§280.101(d)).

(ii) Respondent Activities:

 Obtain a letter or certificate from the state and keep it on file. 
 32

[NOTE: This ICR covers the burden associated with this activity under §280.111 

(recordkeeping).]

Trust Fund

§280.102 outlines the procedures for using a trust fund as a means of satisfying the financial 

responsibility requirements.

(i) Data Items:

 A trust agreement worded exactly as in §280.103(b)(1), accompanied by formal 

certification of acknowledgment as specified in §280.103(b)(2) (§280.102(b)).

 If the value of the trust fund is greater than the required amount of coverage, or if 

other financial assurance is substituted, a written request for the release of excess 

funds (§§280.102(d) through (e)).

(ii) Respondent Activities:

 Release report.

 Prepare the trust agreement and formal certification of acknowledgment and keep 

it on file.

 Prepare and submit written request for release of excess funds, if applicable.

[NOTE: This ICR covers the burden associated with these activities under §280.110 (reporting) 

and §280.111 (recordkeeping).]

Standby Trust Fund

§280.103 outlines the procedures for using a standby trust fund as a means of satisfying the 

financial responsibility requirements. Owners and operators using mechanisms described in 

§§280.96, 280.98, and 280.99 must establish a standby trust fund in addition to satisfying the 

other requirements of those sections.

(i) Data Items:

 A trust agreement worded exactly as in §280.103(b)(1) accompanied by formal 

certification of acknowledgment as specified in §280.103(b)(2). 

(ii) Respondent Activities:

 Prepare the standby trust fund agreement and any amendments and keep it on file.

[NOTE: This ICR covers the burden associated with this activity under §280.111 

(recordkeeping).]
 33

Local Government Bond Rating Test

§280.104 states that a general-purpose local government owner or operator and/or a local 

government as a guarantor may satisfy the requirements of §280.93 by having outstanding issues 

of bonds of $1 million or more.

(i) Data Items:

 A copy of the owner or operator’s bond rating of the past 12 months by Moody’s 

or Standard and Poor’s (§280.104(c)).

 A letter from the CFO exactly as stated in §280.104(d) for a general-purpose local 

government owner or operator and/or guarantor, or as stated in §280.104(e) for a 

non-general-purpose local government owner or operator and/or guarantor.

 Current records of financial condition (§280.104(f)).

(ii) Respondent Activities:

 Maintain current copy of bond ratings;

 Prepare a signed letter from the CFO and keep it on file; and

 If requested, prepare and submit records of current financial conditions.

[NOTE: This ICR covers the burden associated with these activities under §280.110 (reporting) 

and §280.111 (recordkeeping).]

Local Government Financial Test

§280.105 states that a local government UST owner or operator may satisfy the requirements of 

§280.93 by passing a financial test.

(i) Data Items:

 Financial statements for the latest completed fiscal year with information on the 

following (§280.105(b)(1)):

o Total revenues;

o Total expenditures;

o Local revenues;

o Debt service;

o Total funds; and

o Population served by the local government.

 Letter from CFO exactly as stated in §280.105(c) (§280.105(b)(3)).

 Current records of financial condition (§280.105(e)).

 Notice within 10 days of failure to obtain alternate assurance, if the owner or 

operator no longer meets the financial test requirements (§280.105(f)).
 34

(ii) Respondent Activities:

 Maintain a copy of the financial statements for the last completed fiscal year.

 Prepare a signed letter from the CFO and keep it on file.

 If requested, prepare and submit records of current financial conditions.

 Notify implementing agency within 10 days if owner or operator fails to obtain 

alternative financial assurance within 150 days of discovering, or within 30 days 

of being notified by the implementing agency, that he or she no longer meets the 

financial test requirements. 

[NOTE: This ICR covers the burden associated with these activities under §280.110 (reporting) 

and §280.111 (recordkeeping).]

Local Government Guarantee

A local government owner or operator may satisfy the requirements of §280.93 by obtaining a 

guarantee as specified in §280.106. The guarantor must be the state where the local government 

owner or operator is located, or a local government having a “substantial governmental 

relationship” with the owner or operator.

(i) Data Items:

 A demonstration of meeting the bond rating test of §280.104 and a copy of the 

CFO letter in §280.104(c) (§280.106(a)(1)).

 A demonstration of meeting the worksheet test requirements of §280.105 and a 

copy of the CFO letter in §280.105(c) (§280.106(a)(2)).

 A demonstration of meeting the local government fund requirements of 

§280.107(a), 280.107(b), or 280.107(c) and a copy of the CFO letter in §280.107 

(§280.106(a)(3)).

 If necessary, a notice of inability to demonstrate financial assurance 

(§280.106(b)).

 Guarantee worded exactly as stated in §280.106(d) or (e), depending on which of 

the alternative guarantee arrangements is selected (§280.106(c)).

(ii) Respondent Activities:

 Prepare a demonstration of meeting the requirements of §280.104, 280.105, or 

280.107(a) through (c) and a signed letter from the CFO and keep them on file.

 If necessary, prepare and submit a notice of inability to meet financial assurance 

requirements.

 Obtain a guarantee agreement and keep it on file.

[NOTE: This ICR covers the burden associated with these activities under §280.110 (reporting) 

and §280.111 (recordkeeping).]
 35

Local Government Fund

§280.107 states that a local government owner or operator may satisfy the requirements of 

§280.93 by establishing a dedicated fund account. The fund is dedicated to pay for corrective 

action and for compensating third parties in the event of accidental releases from petroleum 

USTs.

 

(i) Data Items:

 A signed letter from the local government’s CFO and/or guarantor, worded 

exactly as stated in §280.107(d).

 A copy of the constitutional provision or local government statute, charter, 

ordinance or order dedicating the fund (§§280.107(d) and 280.111(b)(9)(i));

 Year-end financial statements for the most recent year, and the previous year’s 

balance, if applicable (§§280.107(d) and 280.111(b)(9)(ii)); and

 If an owner or operator is using incremental funding backed by bonding authority, 

results of a voter referendum or an attestation by the state attorney general

(§§280.107(c)(2) and 280.111(b)(9)(iii)).

(ii) Respondent Activities:

 Obtain a signed letter(s) from the CFO and/or the guarantor and keep it on file.

 Maintain a copy of the statute or other mandate dedicating the fund.

 Maintain all year-end financial statements.

 Maintain documentation of the bonding authority, including either the results of a 

voter referendum or attestation by the state attorney general.

[NOTE: This ICR presents the burden associated with these activities under §280.111 

(recordkeeping).] 

Substitution of Financial Assurance Mechanisms by the Owner or Operator

§280.108(b) states that an owner or operator may cancel a financial assurance mechanism after 

obtaining alternate financial assurance. 

(i) Data Item:

 Notice to the provider of the original financial assurance (§280.108(b)).

(ii) Respondent Activities:

 Prepare and submit a notice of alternate financial assurance to the original 

financial assurance provider.

[NOTE: This ICR covers the burden associated with this activity under §280.110 (reporting) and 

§280.111 (recordkeeping).]
 36

(h2) Cancellation or Nonrenewal by a Provider of Financial Assurance

A provider of financial assurance may cancel or fail to renew an assurance mechanism according 

to the procedures in §280.109. The data item associated with such an action is a notice of 

termination, which is submitted to the UST owner or operator. If alternate financial coverage is 

not obtained within 60 days of being notified of the termination, owners or operators must 

inform the implementing agency of the failure to obtain coverage. 

(i) Data Items:

 Notice of termination to UST owner or operator (§280.109(a)).

 Notice of failure to obtain alternate coverage to the implementing agency;

o Name and address of the provider of financial assurance (§280.109(b)(1)).

o Effective date of the termination (§280.109(b)(2)).

o Evidence of the financial assurance mechanism subject to termination 

(§280.109(b)(3)).

(ii) Respondent Activities:

 Prepare and submit a notice of termination.

 Prepare and submit to the implementing agency a notification if unable to obtain 

alternate coverage within 60 days of receiving a notice of termination.

(h3) Reporting

§280.110 establishes financial responsibility reporting requirements for owners and operators 

who: (1) identify a reportable UST release; or (2) fail to obtain alternative coverage.

(i) Data Item:

 Report of the appropriate forms listed in §280.111(b).

(ii) Respondent Activities:

 Gather and submit forms listed in §280.111(b) to the implementing agency

documenting current evidence of financial responsibility.

(h4) Recordkeeping

§280.111(b)(11) requires an owner or operator to maintain an updated copy of a certification of 

financial responsibility, as worded in §280.111(b)(11)(i).

(i) Data Item:

 Record of updated certification of financial responsibility.
 37

(ii) Respondent Activities:

 Prepare a certification of financial responsibility and keep it on file; and

 Update the certification whenever the financial assurance mechanism is modified.

[NOTE: This is the only recordkeeping requirement under §280.111 not covered elsewhere in 

this ICR Supporting Statement. All other recordkeeping requirements under §280.111 (i.e., 40 

CFR 280.111(b)(1)-(b)(10)) are covered under each section of the regulations in which the 

paperwork is generated.]

(h5) Bankruptcy or Other Incapacity

§280.114 sets forth notification requirements regarding bankruptcy or other incapacities for UST 

owners and operators, and providers of financial assurance. Data items associated with these 

requirements must be submitted within 10 days after commencement of bankruptcy proceedings:

(i) Data Items:

 For owners and operators, a notification to the implementing agency of 

commencement of bankruptcy proceedings and forms listed in §280.111(b) 

documenting current financial responsibility (§280.114(a)).

 For financial assurance providers, a notice to the UST owner or operator of 

commencement of bankruptcy proceedings as required under the terms of the 

guarantee specified in §280.96 (§280.114(b)).

 For local government owners and operators, a notification to the implementing 

agency of commencement of bankruptcy proceedings and forms documenting 

current financial responsibility (§280.114(c)).

 For local government financial assurance providers, a notice to the local 

government owner or operator of commencement of bankruptcy proceedings and 

forms documenting current financial responsibility (§280.114(d)).

 For owners and operators unable to obtain alternate financial assurance within 30 

days after receiving notice of bankruptcy from a provider, a notice to the 

implementing agency of such failure (§280.114(e)). 

(ii) Respondent Activities:

 Prepare and submit a notification within 10 days of commencement of bankruptcy

procedures.

 If necessary, prepare and submit a notification of inability to obtain alternate 
 38

(2) State Program Approval Procedure Application Requirements: Data Items and 

Respondent Activities

Regulations at 40 CFR Part 281 contain state program approval procedures for states seeking to 

administer their own UST programs in lieu of the federal program. A state must obtain approval 

for its program from the federal agency administering the program. Part 281 is divided into six 

subparts (i.e., Subparts A through F), four of which contain information collection requirements. 

This ICR summarizes the information collection requirements and the associated data items and 

respondent activities, in the order in which they appear in Part 281, in the following subparts:

 Components of a program application (Subpart B);

 Adequate enforcement of compliance (Subpart D); 

 Approval procedures (Subpart E); and

 Withdrawal of approval of state programs (Subpart F).

(a) Components of a Program Application

(a1) Transmittal Letter

§281.20(a) states that any state seeking to administer its own UST program must submit in its 

application a transmittal letter from the governor of the state requesting program approval 

(§281.20(a)).

(i) Data Item:

 Transmittal letter from the governor of the state requesting program approval 

(§281.20(a)).

(ii) Respondent Activities:

 Obtain a transmittal letter from the governor’s office; and

 Submit the letter to the implementing agency.

(a2) Description of State Program

§§281.20(b) and 281.21 outline that any state seeking to administer its own UST program must 

submit in its application a description of the program that the state plans to implement in place of 

the federal program. 
 39

(i) Data Items:

 The scope of the program, including whether (§281.21(a)): 

o Regulation is for UST systems containing petroleum or hazardous 

substances or both.

o The program is more stringent or broader in scope than the federal

program, and in what ways.

o The state has jurisdiction over Indian lands or agreements with Indian 

tribes.

 Organization and structure of state and local agencies responsible for 

administering the program (§281.21(b)).

 State staff resources for execution of the program (§281.21(c)).

 Existing state funding mechanisms to meet the cost of administering the program 

(§281.21(d)).

(ii) Respondent Activities:

 Prepare and submit the description of the program.

(a3) Procedures for Adequate Enforcement

§281.22 states that any state seeking to administer its own UST program must submit in its 

application a description of compliance monitoring and enforcement policies and procedures, 

including judicial review procedures (§§281.22 and 281.20(c)).

(i) Data Item:

 Description of compliance monitoring and enforcement policies and procedures, 

including judicial review procedures (§§281.22 and 281.20(c)).

(ii) Respondent Activities:

 Gather and submit information on compliance monitoring and enforcement 

procedures.

(a4) Memorandum of Agreement

§281.24 states that any state seeking to administer its own UST program must negotiate areas of 

coordinated effort and responsibilities with EPA.

(i) Data Item:

 A Memorandum of Agreement (MOA) concerning roles and responsibilities of 

EPA and the state (§§281.24 and 281.20(e)).
 40

(ii) Respondent Activities:

 Negotiate an MOA with EPA; and

 Prepare and submit the MOA with the program application.

(a5) Attorney General’s Statement

§281.25 states that any state seeking to administer its own UST program must submit a written 

demonstration from the attorney general stating that the laws of the state are sufficiently stringent 

to enforce the state program proposed. The statement must include citations to statutes, 

regulations, judicial decisions, and analysis of any state authority to regulate USTs on Indian 

lands (§§281.25 and 281.20(f)).

(i) Data Item:

 Written demonstration from the attorney general stating that the laws of the state

are sufficiently stringent to enforce the proposed state program, including 

citations to statutes, regulations, judicial decisions, and analysis of any state

authority to regulate USTs on Indian lands (§§281.25 and 281.20(f)).

(ii) Respondent Activities:

 Draft and submit the statement from the attorney general.

(a6) Copies of Statutes and Regulations

§281.20(g) states that any state seeking to administer its own UST program must submit in its 

application copies of all applicable state statutes and regulations (§281.20(g)).

(i) Data Item:

 Copies of all applicable state statutes and regulations (§281.20(g)).

(ii) Respondent Activities:

 Research and gather statutes and regulations; and

 Submit copies as a part of the application.

(b) Adequate Enforcement and Compliance

§281.43(a) requires states with approved programs to furnish to EPA, at any time, information in 

state files on the administration of the program, including data on enforcement and compliance 

under section 281.40. This includes information submitted to the state with or without a claim of 

confidentiality (§281.43(a)). 
 41

(i) Data Item:

 Information on program administration, including data on enforcement and 

compliance under section 281.40.

(ii) Respondent Activities:

 Maintain files and current information on program administration; and

 Submit information to EPA, if requested.

(c) Approval Procedures

§281.50(b) specifies that before submitting an application to EPA for approval of a state

program, states must provide an opportunity for public notice and comment.

(i) Data Item:

 Notification soliciting public comment on development of an UST program. 

(ii) Respondent Activities:

 Issue notification; and

 Receipt and review of public comments.

§§281.52(a) through (b) specifies program revision requirements that may be initiated by either 

EPA or the approved state.

(i) Data Items:

 Notification of changes in the state program that may require a revision of the 

approved program.

 A revised application, if requested by EPA.

(ii) Respondent Activities:

 Collect and submit information on changes in regulations or shifts in 

responsibilities.

 Prepare and submit revised application, if requested by EPA.

(d) Withdrawal of Approval of State Programs

A state with an approved program may transfer voluntarily any responsibilities required by 

federal law (§281.61(a)(1)).

(i) Data Items:
 42

 A notice of the transfer to be given to EPA.

 A plan for orderly information transfers from the state to EPA of all program 

information.

(ii) Respondent Activities:

 Gather information.

 Prepare and submit transfer notification. 

 Develop and submit a plan for information transfer between the state and EPA at 

least 90 days before the transfer occurs.

Region IX

40 C.F.R. § 280.34 requires owners and operators to cooperate fully with the implementing 

agency concerning submission of information. Pursuant to 40 C.F.R. § 280.34(a), owners and 

operators must submit to the implementing agency the information gathered pursuant to: 40 

C.F.R. §§ 280.20(e) and 280.22 (see 40 C.F.R. § 280.34(a)(1)); 40 C.F.R. §§ 280.50, 280.53, and 

280.61 (see 40 C.F.R. § 280.34(a)(2)); 40 C.F.R. §§ 280.62, 280.63, 280.64, 280.65, and 280.66 

(see 40 C.F.R. § 280.34(a)(3)); and 40 C.F.R. § 280.71 (see 40 C.F.R. § 280.34(a)(4)). Pursuant 

to 40 C.F.R. § 280.34(b), the records that are required to be maintained and readily accessible for 

inspection include: (1) a corrosion expert’s analysis of site corrosion potential if corrosion 

protection equipment is not used (required for tanks by 40 C.F.R. § 280.20(a)(4) and required for 

piping by 40 C.F.R. § 280.20(b)(3)), (see 40 C.F.R. § 280.34(b)(1)); (2) documentation of 

operation of corrosion protection equipment (required by 40 C.F.R. § 280.31), (see 40 C.F.R. § 

380.34(b)(2)); (3) documentation of UST system repairs (required by 40 C.F.R. § 280.33(f)), 

(see 40 C.F.R. § 280.34(b)(3)); (4) recent compliance with release detection requirements 

(required by 40 C.F.R. § 280.45), (see 40 C.F.R. § 280.34(b)(4)); and (5) results of the site 

investigations conducted at permanent closure (required by 40 C.F.R. § 280.74), (see 40 C.F.R. § 

280.34(b)(5)). 
 43

Examples of information that may be requested in the information request letter --

1. Release detection records from the automatic tank gauge (ATG) for each UST for 

the past 12 months. These records may be in the form of monthly 0.2 gallon per 

hour leak tests (12 total for each UST), or complete 12-month leak test histories 

for all three USTs (pursuant to the 40 C.F.R. § 280.45);

2. Records relating to annual line tightness tests [pursuant to 40 C.F.R. § 

280.41(b)(1)(ii)];

3. Records relating to annual tests of the line leak detectors [pursuant to 40 C.F.R. § 

280.44(a)];

4. Records relating to cathodic protection tests, due every 3 years [pursuant to 40 

C.F.R. § 280.31(b)(1)];

5. Verification of annual functionality testing of the ATG [pursuant to 40 C.F.R. § 

280.45 (c)];

6. The most recent EPA UST Notification Form for the facility [pursuant to 40 

C.F.R. § 280.22(a)]; 

7. Reports of any suspected releases, or spills and overfills [pursuant to 40 C.F.R. §§ 

280.50 and 280.53]; and.

8. Report of any repairs [pursuant to 40 C.F.R. §§ 280.33].

Pursuant to Section 9001 et seq. of RCRA and the regulations promulgated at 40 C.F.R. 

Part 280, EPA is authorized to request owners and operators of USTs to: 1) furnish 

information relating to such USTs, associated equipment, and contents; 2) conduct 

monitoring and testing; and 3) undertake corrective action with respect to any release of 

petroleum, pursuant to Section 9005 of RCRA, 42 U.S.C. § 6991d, and 40 C.F.R. 

§280.34. Facilities to which the requests are submitted would be required to copy, print 

or scan records maintained at their facility or at a readily accessible location. Electronic 

records could be transmitted electronically to the USTPO at little or no cost and hard 

copies of records would need to be transmitted by mail, facsimile or other means, such as 

courier or messenger service or by hand-delivery, to the USTPO.

5. THE	INFORMATION	COLLECTED	– AGENCY	ACTIVITIES,	

COLLECTION	METHODOLOGY, AND INFORMATION	

MANAGEMENT

This section discusses how EPA or the implementing agency will collect and manage the 

information received from respondents. This section also includes a discussion of how EPA has 

taken steps to make sure the information collections are not overly burdensome on small entities.
 44

5(a) Agency	Activities

(1) Technical and Financial Responsibility Requirements

Most information required of UST owners and operators is maintained in records at a facility and 

is only formally submitted to EPA or the implementing agency if requested. This analysis 

assumes that the Agency will spend a minimal amount of time reviewing these data during 

facility inspections. 

This ICR assumes that EPA or the implementing agency reviews and files submitted 

information, including notification forms; site, chemical property, and health information; 

information on suspected releases, spills, or overfills; site characterizations; abatement procedure 

information; free product information; soil and groundwater information; corrective action plans 

and implementation reports; and applicable financial assurance information. Much of the 

information listed above is also entered into a database for the purposes of recordkeeping and 

analysis.

EPA or the implementing agency must notify owners and operators of approval or disapproval of 

corrective action plans. EPA or the implementing agency also is responsible for conducting 

public involvement activities, such as notifying the public of a release or failure to remediate a 

release sufficiently. EPA or the implementing agency also must notify owners and operators if 

they fail to meet the requirements of financial assurance at any time.

(2) State Program Approval Procedures

States applying for program approval must follow procedures at 40 CFR Part 281. EPA must 

review and file program applications and all associated information, as described in §281.50. 

EPA must determine approval or disapproval for all new or revised state program applications. 

EPA is required to issue public notice of all decisions and consider public comments. EPA must 

issue public notice of any transfer of program responsibilities. EPA also must inform a state

with an approved program if the Agency is planning to take enforcement action against violators 

of the UST regulations. 

Region IX

Most information required of UST owners and operators is maintained in records at the facility

and is only formally submitted to EPA or the implementing agency if requested. This analysis 

assumes that the USTPO will spend a minimal amount of time reviewing these data, once it is 

submitted to the USTPO in response to a written request. 

This revision to the existing, original ICR assumes that the USTPO reviews and files submitted 

information, including corrosion experts’ analyses of site corrosion potential if corrosion 

protection equipment is not used; documentation of operation of corrosion protection equipment; 

documentation of UST system repairs; recent compliance with release detection requirements;

results of the site investigations conducted at permanent closure; and applicable financial 

assurance information. Much of the information listed above is also entered into a database for 

the purpose of recordkeeping and analysis.
 45

5(b) Collection	Methodology	and	Management

In collecting and analyzing the information associated with this ICR, EPA or the implementing 

agency uses electronic equipment such as personal computers and database and modeling 

software, as applicable. EPA or the implementing agency ensures the accuracy and 

completeness of the collected information by reviewing each submittal. 

5(c) Small	Entity	Flexibility

In promulgating the UST regulations covered under this ICR, EPA attempted to minimize the 

reporting and recordkeeping burden for small businesses. In addition, EPA provided flexibility

to small- and medium-sized owners and operators of petroleum USTs for meeting financial 

responsibility requirements in order to reduce burden and cost to these groups.

Region IX

In drafting the information request letters covered under this revision to the existing ICR, EPA 

attempted to minimize the reporting and recordkeeping burden for small businesses by including 

the following statement in each written request for information:

“If you are a small business within the meaning of the Small Business Act and you are 

unable to provide the information requested within the specified time period, please call 

La Donna Thomas of the U.S. EPA Region 9 Underground Storage Tank Program Office 

at 415-972-3375 to discuss your options.”

5(d) Collection	Schedule

(1) Technical and Financial Responsibility Requirements

EPA or the implementing agency collects information on a one-time, ongoing, or special 

circumstance basis. EPA or the implementing agency collects various types of data according to 

the following schedules: 

 One-time collections: Notification forms, certification of compliance with 

corrosion protection and system installation, alternative technology information 

and demonstrations, excavation zone assessments, closure records, and change-inservice forms.

 Ongoing collections: Inspection and testing of corrosion protection; performance 

of release detection; maintenance of installation, inspection, corrosion protection, 

repair, release detection, and financial responsibility records.

 Special circumstance collections: Release reporting and response information, 

including site information and characterization, chemical property and health 
 46

information, abatement reports, free product removal reports, soil and 

groundwater investigation information, corrective action plans, and

implementation reports. 

(2) State Program Approval Procedures

States applying for program approval submit most of their information in a one-time application, 

but also must submit additional information if requested by EPA. EPA collects all submitted 

information according to the following frequency: 

 One-time collections: Complete program application and associated information 

and revised application.

 Special circumstance collections: Withdrawal of approval of state program 

information, transfer of program information, and plans for the transfer of 

program responsibilities. 

Region IX

The requests that are subject to this ICR revision will be collected on an ongoing basis.

6. ESTIMATING	THE	BURDEN	AND	COST OF	THE	COLLECTION

6(a) Estimating	Respondent	Burden

Exhibits 1 and 2 present EPA’s estimates of the information collection burdens on respondents 

for all information collection requirements covered in this ICR. Exhibit 1 covers information 

collection burdens on owners and operators. Exhibit 2 covers information collections on state 

agencies associated with state program approvals. The burden estimates for each activity

presented in Exhibits 1 and 2 include the burden hours (total and by labor type) per respondent, 

as well as the overall burden hours for all respondents.

For certain information collection activities, Exhibit 1 presents a burden for both the 

owner/operator and for any contractors hired by the owner/operator. For example, for the 

activity “Gather information” under “Reporting of Suspected Releases (§280.50),” this ICR 

assumes that owner/operators will spend 5 hours associated with this information collection 

activity and that contractors billing by the hour will spend 51 hours on this activity. In total, the 

owner/operator time plus contractor time necessary to fulfill this information collection activity

is 56 hours.

Region IX

The burden and cost estimates for the additional reports that the EPA Region 9 USTPO plans to 

request will likely be incurred by the recipients in submitting these documents in response to the 
 47

Region’s requests. We estimate the burden to be up to approximately 2 hours and cost 

approximately $58.05 per response for time, photocopying and postage for 500 facilities for a 

total cost of up to approximately $29,025 annually. This estimate is based on information 

provided by UST facilities, standard postage, and average photocopying. This cost would be 

significantly lower if the documents are submitted electronically.

EPA estimates that the increased annual public reporting and recordkeeping burden to the 

approximately 500 facilities to whom the information requests would be sent annually would 

average up to 2 hours per response. Burden means the total time, effort, or financial resources 

expended by persons in terms of gathering, copying and mailing the requested records. EPA 

estimates that facilities receiving the information collection request would expend roughly $7.00 

in copying costs per response per facility (although transmitting the records electronically would 

be likely to cost far less). EPA also believes that the time it will take to gather the documents 

which will likely be requested would not exceed two hours per facility, which would translate to 

roughly $50.00 on average annually for each of the 500 facilities, covering the approximate hour 

that would be needed for an employee to gather and copy the records. Thus, EPA estimates that 

a total of approximately $29,025 (roughly $58.05 per response in copying costs, employee time, 

and postage) would be borne by the regulated community as a whole annually as a result of the 

proposed increase in scope of the Agency’s existing ICR (or, roughly $58.05 per each of the 500 

facilities to which the response would be sent, constituting roughly $7.00 in copying costs, $1.05 

postage and $50.00 in employee time). Costs of responding to the information request letters 

would likely be borne by the individual facilities on an annual basis.

6(b) Estimating	Respondent	Costs

EPA estimates respondent costs for all activities covered in this ICR in Exhibits 1 and 2. These 

costs are based on the cost of labor, capital, and operation and maintenance (O&M).

Labor Costs 

Table 3 shows the estimated average hourly labor cost (including overhead and fringe), by labor 

category, for facilities/contractors and states.11 These labor rates were used to calculate the labor 

cost to all respondents in conducting the reporting and recordkeeping activities covered in this 

ICR, as shown in Exhibits 1 and 2. 

 

11

 Note that, for purposes of this ICR, states are considered to be respondents when they submit 

documents to EPA to satisfy applicable 40 CFR regulations (e.g., applying for EPA approval of state 

program). States are considered to be regulators when administering a regulatory program (e.g., 

receiving UST release reports from facilities).
 48

Table 3

Estimated Average Hourly Respondent Labor Cost, by Labor Category

Respondent Legal Managerial Technical Clerical

Facilities/Contractors $108 $59 $28 $19

States $79 $87 $43 $29

To obtain hourly labor costs for facilities/contractors and states, EPA referred to May 2013 mean 

hourly wages provided by the Bureau of Labor Statistics (BLS).12,13 EPA adjusted these 2013 

wages to 2014 dollars using the BLS Employment Cost Index.14 EPA then factored in the costs 

of fringe benefits: 29 percent of total compensation for facilities/contractors, and 41.4 percent of 

total compensation for states.15 EPA then added an overhead factor of 12 percent for 

facilities/contractors and states.

16

 

12

 Data source for legal labor costs: BLS, May 2013 National Occupational Employment and Wage 

Estimates by ownership, http://www.bls.gov/oes/current/ownership_data.htm. Mean hourly wages for 

lawyers. For facilities and contractors, mean hourly wages are from the “Cross-industry, private 

ownership only” tables (occupation code 23-1011), http://www.bls.gov/oes/current/000001.htm. For 

states, mean hourly wages are from the “State government, including schools and hospitals” tables, 

http://www.bls.gov/oes/current/999201.htm.

13 Data source for managerial, technical, and clerical labor costs: BLS, May 2013 National IndustrySpecific Employment and Wage Estimates, NAICS 447000 - Gasoline Stations, 

http://www.bls.gov/oes/current/naics3_447000.htm. Mean hourly wages for management occupations 

(occupation code 11-0000), first-line supervisors/managers of transportation and material-moving 

machine and vehicle operators (occupation code 53-1021), and office clerks, general (occupation code 43-

9061).

14

 BLS Employment Cost Index, “Table 1. Employment Cost Index for total compensation, by 

occupational group and industry (Seasonally adjusted)”; available at 

http://www.bls.gov/web/eci/echistrynaics.pdf. For facilities/contractors, the index for private industry 

was used. For states, the index for state and local government was used.

15

 BLS, Employer Costs for Employee Compensation; available at 

http://www.bls.gov/news.release/ecec.toc.htm. For facilities/contractors, see “Table 10. Employer costs 

per hour worked for employee compensation and costs as a percent of total compensation: Private 

industry workers, by industry group, December 2013”, using line “All workers, service-providing 

industries.” For states, see “Table 4. Employer costs per hour worked for employee compensation and 

costs as a percent of total compensation: State and local government workers, by occupational and 

industry group, December 2013”, using the “Service” occupational group. 

16

 Office of Management and Budget, Circular No. A-76 (Revised); available at 

http://www.whitehouse.gov/sites/default/files/omb/assets/omb/circulars/a076/a76_incl_tech_correction.p

df. See Figure C-1, page C-4. 
 49

Capital Costs

Capital costs usually include any produced physical good needed to provide the information, 

such as machinery, computers, and other equipment. For this ICR, capital costs include the cost 

of monitoring equipment for facilities that choose to comply with release detection requirements 

by using vapor monitoring, groundwater monitoring, or interstitial monitoring methods. These 

capital costs are shown in Exhibit 1. They are described further in section 6(d).

Operation and Maintenance (O&M) Costs

O&M costs are those costs associated with a paperwork requirement incurred continually over 

the life of the ICR. They are defined by the Paperwork Reduction Act of 1995 as “the recurring 

dollar amount of costs associated with O&M or purchasing services.” For this ICR, O&M costs 

include:

 Mailing costs: EPA estimates that respondents will incur a cost of $0.51 to mail a 

1-ounce package (i.e., $0.49 for postage and $0.02 for a standard-size envelope). 

EPA also estimates that respondents will incur a cost of $5.22 for mailing a larger 

package (i.e., a 5-ounce package) by certified mail (i.e., $1.82 for postage, $3.30 

for the certified mail fee, and $0.10 for a large envelope).

 Photocopying costs: EPA estimates that respondents will incur a cost of $0.14 for 

each photocopy they make.

 Purchase of contractor or laboratory services: Owners and operators of USTs 

will incur O&M costs for contractor and laboratory services. These O&M costs 

are in addition to the labor costs of contractors who bill by the hour; contractors’ 

hourly labor costs are included in the “labor costs” category. These O&M costs 

are described further in section 6(d) for all applicable respondent activities. 

These O&M costs are shown in Exhibits 1 and 2.

6(c) Estimating	Agency	Burden and	Cost

EPA estimates the Agency hour and cost burden associated with all information collection 

requirements covered in this ICR in Exhibits 3 and 4. As shown in the exhibits, EPA estimates 

an average hourly labor cost of $109 for legal staff (GS-15, Step 5), $69 for managerial staff 

(GS-13, Step 1), $48 for technical staff (GS-11, Step 1), and $29 for clerical staff (GS-6, Step 1). 

To derive these hourly estimates, EPA referred to unloaded (base) hourly rates for various labor 

categories in the federal government from the U.S. Office of Personnel Management.17 EPA 

 

17

 U.S. Office of Personnel Management. Locality pay area of Washington-Baltimore-Northern Virginia, 

DC-MD-VA-WV-PA. Salary Table 2014-DCB (effective January 2014); available at

https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salarytables/14Tables/html/DCB_h.aspx. 
 50

then applied the standard government loading factor of 60 percent, which includes fringe benefits 

and overhead.

Region IX

EPA estimates the Agency hour and cost burden associated with all information collection 

requirements covered in this ICR in Exhibits 3 and 4. EPA estimates an average hourly labor 

cost of $47.89 for technical staff (GS-11, Step 1). To derive these hourly estimates, EPA referred 

to unloaded (base) hourly rates for labor categories in the Federal Government from the U.S. 

Office of Personnel Management. EPA then applied the standard government loading factor of 

60 percent, which includes fringe benefits and overhead.

Agency staff will spend an estimated 15 minutes reviewing each submission, for a total of 125 

hours and cost of $5,986.25.

6(d) Estimating	the	Respondent	Universe	and	Total	Burden and	Costs

(1) Respondent Universe

(a) Technical and Financial Responsibility Requirements

Table 4 presents the estimated non-federal UST universe over the three years covered by this 

ICR. As shown in the table, EPA estimates there will be an average of 572,201 USTs in 

operation during this period. EPA also estimates that, each year, owners and operators will close 

an average of 16,335 USTs and install an average of 9,900 new USTs. EPA estimates that some 

of the new USTs will be installed at new facilities (i.e., facilities that have not operated USTs in 

the past), with the remainder of new USTs installed at existing UST facilities.
 51

Table 4

Estimated Annual Average Non-Federal UST and Facilities Universe (2014-2016)

Conventional 

USTsa

Emergency 

Generator Tanks 

(EGTs)b

Totals

Underground Storage Tanks

Existing USTs 555,035 17,166 572,201

New USTs installed 9,603 297 9,900c

USTs closed 15,845 490 16,335c

Facilities with USTsd

Existing facilities 204,810 6,334 211,144

New facilities 3,544 109 3,653

Notes:

a Conventional USTs are subject to all requirements under 40 CFR Part 280.

b

 EPA assumes that 3 percent of UST systems are EGTs. EGTs are currently deferred from 40 

CFR Part 280 Subpart D (release detection) but are subject to all other requirements under 40 CFR 

Part 280.

c

 Based on EPA’s UST end-of-year performance measure reports 

(http://www.epa.gov/oust/cat/camarchv.htm), an average of about 16,500 USTs have closed and 

10,000 USTs have been installed per year during 2011-2013. EPA assumes that 99 percent of 

USTs are not owned by the federal government.

d

 According to EPA data, the average number of UST systems per facility (across all sectors that 

use conventional UST systems or EGTs) is approximately 2.71 (“Summary of Key Data from 

State Public Record Postings,” October 25, 2013).

(b) State Program Approval Procedures

Table 5 presents the estimated number of states expected to seek and obtain EPA program 

approval during the three-year period covered by this ICR. EPA expects one state, on average, 

to seek program approval each year. 

Table 5

Annual Number of States Expected to Receive 

EPA Program Approval during the Period Covered by the ICR

Number of State Program

Approvals per Year Average Annual Number of 

State Program Approvals,

2014 to 2016

Year 

2014

Year 

2015

Year 

2016

State Program Approvals 1 1 0 1

a

Note:

a This number has been rounded from 0.7 to 1.
 52

(2) Total Hour and Cost Burden

(a) Technical and Financial Responsibility Requirements

40 CFR Part 280 requires owners and operators of USTs to meet specific technical and financial 

responsibility requirements. Information collecting, reporting, and recordkeeping may be 

required on a one-time, ongoing, or special circumstance basis. The remainder of this subsection 

describes how EPA arrived at each of the respondent estimates in Exhibit 1.

(a1) Program Scope and Interim Prohibition

EPA expects all owners and operators of deferred UST systems to equip them with corrosion 

protection if these systems are made of steel. Therefore, EPA expects that no owners or 

operators will have to read this part of the regulations, have a corrosion expert assess their sites,

or maintain records.

(a2) UST Systems: Design, Construction, Installation, and Notification

The owners and operators of newly regulated facilities will read the design, construction, 

installation, and notification regulations. Thus, this activity will take place each year at an 

average of 3,653 facilities (see Table 4). 

EPA expects all owners and operators to equip UST systems with corrosion protection if these 

systems are made of steel. Therefore, EPA expects that no owners or operators will have a 

corrosion expert assess their sites or have to maintain records.

EPA data indicates that 390 existing tanks have been upgraded with an internal lining to meet 

corrosion protection requirements. EPA expects all owners and operators of these UST systems 

to inspect their tanks every five years. EPA estimates that each year, 78 tanks (i.e., 390 / 5 = 78) 

will undergo the required five-year inspection. Owners and operators of lined tanks also are 

expected to maintain inspection records for all tanks with an internal lining to meet corrosion 

protection requirements.

18

EPA believes that tank owners and operators will incur additional O&M costs for tank interior 

lining inspection. The O&M cost for tank interior lining inspection is $1,580, which includes a 

$1,461 contractor fee for conducting the inspection and $119 to cover the cost of the tank being 

out-of-service for one day (i.e., lost profit). 

EPA expects owners and operators to prepare and submit a certificate of installation and a 

notification in a single form for a new or replaced facility with USTs or for a new or replaced 

 

18

 Although §280.21(b) does not explicitly require maintenance of inspection records, the regulations do 

require the use of a code of practice developed by a nationally recognized association or independent 

testing laboratory in order to comply with the regulations under this section. Because most of these codes 

of practice require maintenance of inspection records, EPA has included this burden in this ICR. In 

addition, EPA notes that it may use these inspection records for enforcement purposes.
 53

individual UST system. EPA estimates that 75 percent of new USTs are installed together with 

other new USTs, with 2.71 USTs per facility (i.e., number of notifications = 75% * 9,900 / 2.71), 

and 25 percent of new USTs are installed as a single UST at a facility (i.e., 25% * 9,900). Thus, 

EPA expects an average of 5,215 installation and notification submittals each year (see Table 4). 

EPA estimates that 10 percent of USTs (i.e., 10% * 572,201 = 57,220 USTs) are sold each year. 

Owners and operators selling an UST must inform the buyer of his or her notification 

obligations.

(a3) General Operating Requirements

EPA assumes that owners and operators of newly regulated facilities will read the regulations on 

general operating requirements (i.e., 3,653 annually).

In addition, owners and operators of steel USTs with cathodic protection are required to have 

their cathodic protection systems tested within six months of installation, once every three years 

thereafter and within six months of the repair of any cathodically protected system. EPA 

estimates that 45 percent of USTs (i.e., 45% * 572,201 = 257,491) are protected by cathodic 

systems.19 Thus, EPA estimates that, on average, 85,830 tanks (i.e., 257,491 / 3 = 85,830) will 

undergo the required three-year inspection each year during the three-year period covered by this 

ICR. EPA estimates that 5 percent of USTs will be repaired each year. Therefore, EPA 

estimates that 5 percent of USTs with cathodically protected systems (i.e., 5% * 257,491 = 

12,875) will have their cathodic protection system tested within six months of a repair. 

Together, EPA estimates that 98,705 USTs (i.e., 85,830 + 12,875 = 98,705) will be inspected 

each year during the three-year period covered by this ICR.20

EPA estimates that of the 257,491 USTs with cathodic protection, 50 percent (i.e., 128,746

USTs) are protected by sacrificial anode cathodic systems and 50 percent (i.e., 128,746 USTs) 

are protected by impressed current cathodic systems. Owners and operators of impressed current 

cathodic systems must conduct inspections every 60 days (i.e., six times per year). Typically,

each facility has one impressed current system that needs to be inspected.

21

 Therefore, EPA 

estimates that 285,046 inspections of impressed current cathodic systems (i.e., 128,746 / 2.71 * 6 

= 285,046) will be conducted each year.

Facilities have to maintain records of all cathodic protection system inspections conducted on an 

every-three-years basis and records of cathodic protection system inspections conducted as a 

 

19

 Based on EPA’s best professional judgment.

20

 This ICR does not include the burden of cathodic protection system inspections required within six 

months of installation due to lack of sufficient data; as a result, this ICR slightly underestimates total 

burden for general operating requirements. 

21

 A single facility usually has only one rectifier, which requires checking every 60 days.
 54

result of repairs (i.e., 98,705 USTs).22 In addition, facilities with USTs protected by impressed 

current cathodic systems will have to maintain the results of the last three facility inspections of 

the cathodic protection equipment (i.e., (3/6) * 285,046 = 142,523). Thus, facilities will have to 

maintain a total of 241,229 records (i.e., 98,705 + 142,523 = 241,229) associated with the 

inspection of cathodic protection systems.

EPA expects facilities to incur O&M costs of $286 paid to certified contractors to test tanks’ 

cathodic protection system. This ICR does not cover the capital cost for purchasing rectifiers for 

impressed current systems because such equipment is purchased as a standard business practice 

to monitor tank performance. 

Owners and operators also are required to maintain records for each repair made to an UST 

system. EPA estimates that 5 percent of USTs will be repaired each year, for a total of 28,610

annual repairs (i.e., 5% * 572,201 = 28,610). EPA estimates that 20 percent of repaired USTs 

will also have tightness tests conducted (i.e., 20% * 28,610 = 5,722). EPA believes that tank 

owners and operators will incur additional O&M costs for tightness testing. The O&M cost for 

tightness testing is $566, which includes a $453 contractor fee for performing the test and $113

to cover the cost of the tank being out-of-service for one day (i.e., lost profit).

[NOTE: §§280.34(a) and (b) respectively summarize reporting and recordkeeping requirements 

for UST owners and operators and cross-reference the 40 CFR Part 280 sections that describe 

these requirements in detail. This ICR describes these reporting and recordkeeping burdens in 

each of the respective sections.]

(a4) Release Detection

Owners and operators must have a compliant leak detection system installed at each UST. 

§280.43 describes acceptable methods and required maintenance activities. Owners and 

operators must record the results of tests or measurements at prescribed intervals. Table 6

presents EPA’s estimates of the number of owners and operators choosing each detection system 

option and the information collection requirements associated with each option.

All 3,544 owners and operators of new conventional UST facilities are expected to read the 

release detection regulations.23,24 

 

22

 Under §280.31(b), facilities are required to maintain records of the last two inspections of the cathodic 

protection system. This ICR assumes that facilities will conduct one of these two inspections during the 

three-year period covered in this ICR. The ICR further assumes that the other inspection was already 

conducted, and that the facilities are already maintaining the results.

23

 EGTs are not subject to 40 CFR Part 280, Subpart D (Release Detection) and are therefore are not 

burdened in this ICR for Subpart D release detection requirements.

24

 EPA expects that owners and operators of existing UST facilities have already read the release 

detection regulations (40 CFR Part 280, Subpart D).
 55

Because the methodologies set forth under inventory control, manual tank gauging, and

automatic tank gauging (§§280.43(a) through (c)) describe activities that conventional UST 

operators perform as standard business practices, they are not included as burdens in this ICR. 

EPA expects that all of the facilities using inventory control and facilities using manual tank 

gauging with tank tightness testing will perform a tank tightness test every five years.25 Thus, 

EPA expects that, each year, facilities will perform tank tightness testing on 7,770 conventional 

USTs with an inventory control system (i.e., 38,852 / 5 = 7,770) and on 3,330 conventional 

USTs with manual tank gauging (i.e., 16,651 / 5 = 3,330). EPA estimates that facilities will 

incur contractor-related O&M costs of $566 for the cost of performing each tank tightness test. 

This O&M cost includes a $453 contractor fee for performing the test and $113 to cover the cost 

of the tank being out-of-service for one day (i.e., lost profit).

Facilities that choose to comply with release detection requirements by using either vapor 

monitoring, groundwater monitoring, or interstitial monitoring methods will incur capital costs 

for monitoring equipment.26 The annualized cost of a vapor monitoring system (control box with 

sensors), assuming an average of four 20-foot-deep wells, amounts to an estimated $733 per 

facility.

27

 The annualized cost of a groundwater monitoring system is estimated at $469 per 

facility.

28

 The annualized cost of an interstitial monitoring system (control box with sensors), 

including installation costs, is approximately $384 per tank.

29

 Maintenance of the monitoring 

sensors is not considered a significant cost because maintenance of the sensors is inexpensive.

 

25

 EPA expects that all tanks will be tested every five years because the 1998 deadline required the 

closure of all tanks for which annual testing was required. 

26

 Capital costs were annualized over 20 years (i.e., the expected life of equipment) using OMB’s 

approved discount rate of 7 percent (OMB Circular A-94).

27

 Prior to discounting, estimated purchase price is $7,765.

28

 Prior to discounting, estimated purchase price is $4,969.

29

 Prior to discounting, estimated purchase price is $4,068.
 56

Table 6

Leak Detection Systems Installed at Conventional USTs

UST Leak Detection 

System

Estimated 

Percent of USTs 

Using System a

Estimated Number 

of Conventional 

USTs Using System

Associated Information Collection 

Requirements and Collection Frequencies

Inventory control and 

tightness testing 7 38,852

Record daily inventory volume measurements 

(standard business practice; therefore, there is no 

incremental labor burden); record monthly water 

level measurements (standard business practice; 

there is no incremental labor burden).

Manual tank gauging 

with tank tightness 

testing

3

b

16,651

Record two consecutive weekly tank liquid level 

measurements, taken at the beginning and end of a 

minimum period (standard business practice; there 

is no incremental labor burden).

Manual tank gauging 

only (i.e., without 

tank tightness 

testing)

3 16,651

Record two consecutive weekly tank liquid level 

measurements, taken at the beginning and end of a 

minimum period (standard business practice; there 

is no incremental labor burden).

Automatic tank 

gauging 34b

188,712

Record results of monthly automatic product level 

monitoring; record results of daily inventory 

control tests (automated activity; therefore there is 

no incremental labor burden).

Vapor monitoring 5 27,752 Record results of monthly vapor monitoring.

Groundwater 

monitoring 5 27,752 Record results of monthly groundwater monitoring.

Interstitial 

monitoring 20b

111,007 Record results of monthly interstitial monitoring.

Other method (e.g., 

statistical inventory 

reconciliation)

13 72,155

No activities specified in the federal regulations. 

However, the implementing agency may specify 

certain activities to be conducted by owner or 

operator (e.g., record test results).

Leak Detection 

System for Piping

Line leak detectors 84 466,230 Conduct annual test of the operation of the 

automatic line leak detection test and record results.

Line tightness testing 37 205,363 Conduct annual line tightness test and record 

results.

Notes:

a

 Percentages are based on EPA research, except where noted. Total will add up to more than 100 percent, because multiple 

release detection systems can be used in the same UST system. 

b

 Based on EPA’s best professional judgment.
 57

EPA estimates that 84 percent of conventional USTs use line leak detectors to detect catastrophic 

releases from piping. Thus, facilities are expected to conduct an annual line leak detector test on 

466,230 tanks (i.e., 84% * 555,035 = 466,230). The cost of purchasing line leak detectors is not 

included as a burden in this ICR, because the use of these devices is a standard business practice. 

EPA estimates that 37 percent of conventional USTs use line tightness testing to detect releases 

from piping.30 These facilities are expected to conduct an annual line tightness test on 205,363

tanks (i.e., 37% * 555,035= 205,363).

EPA expects that each year, every conventional UST facility (i.e., 204,810 facilities) will 

maintain records of their test and measurement results, regardless of the release detection method 

used.

(a5) Release Reporting, Investigation, and Confirmation

EPA assumes that owners and operators of newly regulated facilities will read the regulations on 

release reporting, investigation and confirmation (3,653 annually).

EPA estimates that each year, 6,000 uncontrolled releases from USTs will be confirmed. 

Assuming that 60 percent of suspected releases are confirmed, EPA estimates that every year,

10,000 owners and operators will suspect that a release has occurred from one of their USTs.31 

These owners and operators will gather information and submit a report on the suspected release.

When characterizing a suspected leak, EPA believes that facilities will incur contractor-related 

O&M costs of $2,973 associated with basic soil characterization work and lab analysis activities.

(a6) Release Response and Corrective Action for UST Systems Containing 

Petroleum or Hazardous Substances

EPA assumes that owners and operators of newly regulated facilities will read the regulations on 

release response (i.e., 3,653 annually).

Owners and operators must provide information on all 6,000 confirmed releases. Owners and 

operators of facilities with releases also must gather information, and prepare and submit reports 

on initial abatement measures and initial site characterization. EPA assumes that facilities will 

incur O&M costs in preparing a summary report of the initial abatement steps based on 

information obtained from initial characterization activities. This activity could require 

additional sampling and analysis depending on the scope of the problem. EPA assumes that 

facilities will incur contractor-related O&M costs in gathering, preparing, and submitting 

information for the initial site characterization, as this activity often requires sampling well 

 

30

 Based on program experience, EPA believes that approximately 84 percent of the lines are pressurized 

and 16 percent are suction lines. However, EPA was unable to estimate the number of suction lines that 

require leak detection monitoring and use three-year line tightness testing. Therefore, this ICR assumes 

that all lines used are pressurized piping for line tightness testing calculations. Because suction lines do 

not have to comply with certain leak detection requirements, this ICR overestimates the burden for this 

section.

31

 These data are based on historical tank release records maintained by EPA.
 58

borings and laboratory analyses.

EPA estimates that initial investigations at 20 percent of confirmed releases (i.e., 20% * 6,000 = 

1,200 releases) will identify the presence of free product. These facilities must prepare and 

submit a free product removal report, thereby incurring contractor-related O&M costs.

EPA estimates that initial investigations at 75 percent of confirmed releases (i.e., 75% * 6,000 = 

4,500 releases) will demonstrate that soil and groundwater investigations are warranted. These 

facilities are expected to gather information and prepare and submit reports. Facilities will incur 

further contractor-related O&M costs preparing soil and groundwater investigation reports. 

Additional characterization work could be required depending on the scope of the release and the 

geology of the site.

EPA estimates that initial investigations at 60 percent of confirmed releases (i.e., 60% * 6,000 = 

3,600 releases) will demonstrate that corrective action is warranted. These facilities must 

prepare and submit a corrective action plan and report on the results of corrective action 

implementation. EPA estimates that at 10 percent of these releases (i.e., 10% * 3,600 = 360

releases), the owner or operator will notify the implementing agency that they will begin 

corrective action before they receive corrective action plan approval. The Agency believes that 

facilities will incur contractor-related O&M costs when preparing a corrective action plan and 

reporting (quarterly) the results of a corrective action implementation plan.

(a7) Out-of-Service UST Systems and Closure

EPA estimates that owners and operators will close 16,335 USTs each year (see Table 4). EPA 

estimates that each year, 6,028 owners and operators of closing facilities (i.e., 16,335 USTs 

closed / 2.71 USTs per facility = 6,028) will read the out-of-service UST systems and closure 

regulations. Owners of these closing USTs must notify the implementing agency of closure, 

conduct an excavation zone assessment, and maintain closure records. 

EPA estimates that facilities will incur contractor-related O&M costs when conducting a site 

assessment of an excavation zone. EPA further estimates that for 25 percent of these USTs, 

owners and operators will not be able to maintain the records on-site for each UST closure. 

These owners and operators must mail closure records for 4,084 USTs (i.e., 25% * 16,335 = 

4,084) to the implementing agency each year.

(a8) Financial Responsibility32

EPA assumes that owners and operators of newly regulated facilities will read the financial 

 

32

 Although financial responsibility is not required for hazardous substance tanks, this ICR does not 

remove hazardous substance tanks from the financial responsibility analysis due to lack of sufficient data. 

Therefore, this ICR slightly overestimates the burden for financial responsibility. 
 59

responsibility regulations (i.e., 3,653 owners and operators annually).33

40 CFR Part 280, Subpart H requires owners and operators to demonstrate financial 

responsibility for taking corrective action and for compensating third parties for bodily injury

and property damage caused by accidental UST releases. A current certificate of financial 

responsibility must be maintained at each site where USTs are located. According to EPA data, 

approximately 70 percent of UST facilities demonstrate financial responsibility through a state

fund or other state assurance, with the remaining 30 percent of facilities using one or more of the 

other mechanisms described in 40 CFR Part 280, Subpart H. All 211,144 facilities will have to 

perform the respondent activities associated with their financial responsibility mechanism, as 

described in section 4 of this ICR, and keep on file a certification of financial responsibility. 

[NOTE: This ICR covers the burden associated with these activities under §280.110 (reporting) 

and §280.111 (recordkeeping).] 

In addition to maintaining financial responsibility records, facilities with confirmed releases 

(estimated at 6,000 releases per year) will submit their records to EPA or the implementing 

agency under §280.110(a)1 as a result of a release. EPA also expects 25 percent of the overall 

universe of facilities (i.e., 25% * 211,144 = 52,786 facilities) to update their certification each 

year to reflect changes in their financial assurance mechanism. 

EPA estimates that providers of financial assurance will cancel or fail to renew policies at 2

percent of UST facilities (i.e., 2% * 211,144 = 4,223 facilities) each year. EPA also estimates 

that 10 percent of those facilities experiencing a cancellation or non-renewal (i.e., 10% * 4,223 = 

422 facilities) will be unable to obtain alternative financial coverage within 60 days and will 

notify the implementing agency of such failure.

EPA estimates that each year, an additional 1 percent of UST facilities (i.e., 1% * 211,144 = 

2,111 facilities) will experience a disruption in financial coverage due to bankruptcy. EPA 

estimates that 10 percent of those owners or operators experiencing such a disruption (i.e., 10% * 

2,111 = 211 facilities) will be unable to obtain alternative financial coverage within 60 days and 

will notify the implementing agency of such failure.

(b) State Program Approval Procedures

40 CFR Part 281 outlines procedures that states must follow to obtain approval to implement 

their own UST program in lieu of the federal program. Based on recent program data, EPA 

estimates that two states (or territories) will apply for state program approval over the next three 

years. For the purposes of this ICR, it is assumed that an average of one state will apply for state 

program approval each year. 

 

33

 While EPA has included the requirement to obtain financial assurance as an annual burden, it is 

expected that all existing UST owners and operators have already read the financial responsibility 

regulations. Therefore, this ICR assumes that owners and operators of only the owners and operators of 

newly regulated facilities will read the financial responsibility regulations each year (i.e., 3,653 owners 

and operators annually).
 60

States applying for state program approval must submit an application to EPA for review under 

§281.50. The application includes a transmittal letter, a description of the state program, 

information on enforcement procedures, a memorandum of agreement with EPA, an attorney

general’s statement, and copies of state statutes and regulations. These states must also allow for 

public notice and comment on their efforts to develop their underground storage tank programs. 

All approved programs must maintain files and current information on program administration. 

There are currently 40 approved state programs.

34 Between 2014 and 2016, EPA assumes that 

an average of 42 state programs will maintain files on program administration. Finally, EPA 

estimates that it will ask one state per year to submit this information.

EPA expects that no states will be submitting revised state program applications over the next 

three years. EPA does not expect any states to withdraw or transfer portions of their programs. 

Respondent burden hours and costs for the activities included as burdens under this ICR are 

shown in Exhibits 1 and 2. The burden and cost for Agency activities are shown in Exhibits 3 

and 4.

 

34

 As of February 2012, 38 states, the District of Columbia, and the Commonwealth of Puerto Rico have 

approved programs.
 61

EXHIBIT 1

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs per Respondent per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

SUBPART A: PROGRAM SCOPE AND INTERIM PROHIBITION

Reading the Regulations

Read the regulations 0.25 0.25 0.25 0.25 1.00 $53.58 $0.00 $0.00 0 0 $0

Deferred UST System Installations (§280.11(a))

Have a corrosion expert inspect the site 0.00 6.00 22.00 11.00 39.00 $1,187.04 $0.00 $467.00 0 0 $0

Maintain records 0.00 0.00 0.00 0.10 0.10 $1.93 $0.00 $0.14 0 0 $0

Subtotal 0 $0

SUBPART B: UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, AND NOTIFICATION

Reading the Regulations

Read the regulations 0.25 0.25 0.50 0.00 1.00 $55.86 $0.00 $0.00 3,653 3,653 $204,058

Performance Standards for New UST Systems - Tanks and Piping W ithout Corrosion Protection (§280.20(a),(b))

Have a corrosion expert inspect the site 0.00 6.00 22.00 11.00 39.00 $1,187.04 $0.00 $467.00 0 0 $0

Maintain records 0.00 0.00 0.00 0.10 0.10 $1.93 $0.00 $0.14 0 0 $0

Periodic Lining Inspections (§280.21)

Have the lined tank inspected within ten years after lining and 

every five years thereafter 0.00 0.00 6.00 0.00 6.00 $170.22 $0.00 $1,580.00 78 468 $136,517

Maintain records 0.00 0.00 0.00 0.10 0.10 $1.93 $0.00 $0.14 390 39 $806

Notification Requirements (§280.22)

Prepare and submit forms within 30 days of bringing an UST

system into use 0.00 0.50 0.25 0.00 0.75 $36.34 $0.00 $1.91 5,215 3,911 $199,470

Notify purchaser of an UST of owner's notification obligations 0.00 0.00 0.00 1.00 1.00 $19.27 $0.00 $1.91 57,220 57,220 $1,211,866

Subtotal 65,291 $1,752,717

* Due to rounding, columns may not sum exactly.
 62

 

EXHIBIT 1 (continued)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs per Respondent per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

SUBPART C: GENERAL OPERATING REQUIREMENTS

Reading the Regulations

Read the regulations 0.25 0.25 0.50 0.00 1.00 $55.86 $0.00 $0.00 3,653 3,653 $204,058

Operation and Maintenance of Corrosion Protection (§280.31)

Have a qualified tester conduct inspection for all cathodic

protection systems within six months of installation, at least 

every three years thereafter, and within six months of the repair

of any cathodically protected system 0.00 0.10 0.15 0.00 0.25 $10.10 $0.00 $286.00 98,705 24,676 $29,227,119

Conduct inspection for impressed current cathodic protection 

systems every 60 days 0.00 0.10 0.15 0.00 0.25 $10.10 $0.00 $0.00 285,046 71,262 $2,880,325

Maintain records 0.00 0.00 0.00 0.10 0.10 $1.93 $0.00 $0.14 241,229 24,123 $498,548

Maintenance of Repair Records (§280.33)

Gather information on each repair 0.00 0.00 1.00 0.00 1.00 $28.37 $0.00 $0.00 28,610 28,610 $811,688

Conduct tightness testing 30 days after repair 0.00 0.25 0.15 0.25 0.65 $23.70 $0.00 $566.00 5,722 3,719 $3,374,243

Maintain records 0.00 0.00 0.00 0.10 0.10 $1.93 $0.00 $0.14 28,610 2,861 $59,129

Subtotal 158,904 $37,055,109

SUBPART D: RELEASE DETECTION

Reading the Regulations

Read the regulations 0.50 0.50 1.00 0.00 2.00 $111.72 $0.00 $0.00 3,544 7,087 $395,873

Release Detection for Tanks (§280.43)

Inventory Control

Record delivery, dispensing and inventory measurements on a 

daily basis 0.00 0.00 0.25 0.00 0.25 $7.09 $0.00 $0.00 0 0 $0

Record monthly water level measurements, reconcile 

measurements monthly 0.00 0.00 0.00 0.50 0.50 $9.63 $0.00 $0.00 0 0 $0

Perform tank tightness testing (in conjunction with inventory 

control) 0.00 0.25 0.15 0.25 0.65 $23.70 $0.00 $566.00 7,770 5,051 $4,582,168

Manual Tank Gauging with Tank Tightness Testing

Record monthly water level measurements, reconcile 

measurements monthly 0.00 0.00 0.00 0.50 0.50 $9.63 $0.00 $0.00 0 0 $0

Record weekly tank liquid level measurements 0.00 0.00 0.00 0.05 0.05 $0.96 $0.00 $0.00 0 0 $0

Perform tank tightness testing (in conjunction with manual tank

gauging) 0.00 0.25 0.15 0.25 0.65 $23.70 $0.00 $566.00 3,330 2,165 $1,963,803

* Due to rounding, columns may not sum exactly.
 63

EXHIBIT 1 (continued)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs per Respondent per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

Manual Tank Gauging Only (without Tank Tightness Testing)

Record monthly water level measurements, reconcile 

measurements monthly 0.00 0.00 0.00 0.50 0.50 $9.63 $0.00 $0.00 0 0 $0

Record weekly tank liquid level measurements 0.00 0.00 0.00 0.05 0.05 $0.96 $0.00 $0.00 0 0 $0

Automatic Tank Gauging

Record results of monthly automatic product level monitoring 

tests 0.00 0.00 0.05 0.00 0.05 $1.42 $0.00 $0.00 0 0 $0

Record daily inventory volume measurements 0.00 0.00 0.02 0.00 0.02 $0.57 $0.00 $0.00 0 0 $0

Vapor Monitoring

Record results of monthly vapor monitoring 0.00 0.00 1.67 0.00 1.67 $47.38 $733.00 $0.00 10,241 17,102 $7,991,542

Groundwater Monitoring

Record results of monthly groundwater monitoring 0.00 0.00 1.67 0.00 1.67 $47.38 $469.00 $0.00 10,241 17,102 $5,288,027

Interstitial Monitoring

Record results of monthly interstitial monitoring 0.00 0.00 0.60 0.00 0.60 $17.02 $384.00 $0.00 111,007 66,604 $44,516,296

Alternative Technology

Prepare and submit a demonstration of the

effectiveness of an alternative technology 0.00 2.00 8.00 1.00 11.00 $363.22 $0.00 $5.22 0 0 $0

Release Detection for Piping (§280.44)

Conduct annual test of the operation of the 

automatic line leak detector in accordance with

the manufacturer's requirements 0.00 0.00 0.25 0.00 0.25 $7.09 $0.00 $0.00 466,230 116,558 $3,306,818

Record results of annual line leak detection test 0.00 0.00 0.05 0.00 0.05 $1.42 $0.00 $0.00 466,230 23,312 $661,364

Conduct annual line tightness test 0.00 0.00 1.50 0.00 1.50 $42.56 $0.00 $0.00 205,363 308,045 $8,739,439

Record results of annual line tightness test 0.00 0.00 0.02 0.00 0.02 $0.57 $0.00 $0.00 205,363 4,107 $116,526

Release Detection Recordkeeping (§280.45)

Maintain records for specified time periods 0.00 0.00 0.00 1.00 1.00 $19.27 $0.00 $0.00 204,810 204,810 $3,946,081

Subtotal 771,941 $81,507,937

SUBPART E: RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION

Reading the Regulations

Read the regulations 0.25 0.25 0.50 0.00 1.00 $55.86 $0.00 $0.00 3,653 3,653 $204,058

Reporting of Suspected Releases (§280.50)

Gather information - Facility 0.00 1.00 4.00 0.00 5.00 $171.97 $0.00 $2,973.00 10,000 50,000 $31,449,743

Gather information - Contractor 0.00 5.00 31.00 15.00 51.00 $1,460.95 $0.00 $0.00 10,000 510,000 $14,609,548

Report the suspected release 0.00 0.25 0.00 0.00 0.25 $14.62 $0.00 $1.91 10,000 2,500 $165,349

Subtotal 566,153 $46,428,698

* Due to rounding, columns may not sum exactly.
 64

EXHIBIT 1 (continued)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs per Respondent per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

SUBPART F: RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES

Reading the Regulations

Read the regulations 0.50 0.50 1.00 0.00 2.00 $111.72 $0.00 $0.00 3,653 7,306 $408,116

Initial Response (§280.61(a))

Report the confirmed release by telephone or

electronic mail 0.00 0.50 0.50 0.00 1.00 $43.43 $0.00 $0.00 6,000 6,000 $260,587

Initial Abatement Measures Report and Site Check (§280.62(a)(b))

Gather information during initial abatement 0.00 3.00 1.00 0.00 4.00 $203.85 $0.00 $909.00 6,000 24,000 $6,677,071

Prepare and submit summary report of

initial abatement steps - Facility 0.50 1.50 1.00 0.00 3.00 $170.21 $0.00 $371.00 6,000 18,000 $3,247,249

Prepare and submit summary report of

initial abatement steps - Contractor 0.00 4.00 27.00 13.00 44.00 $1,250.45 $0.00 $0.00 6,000 264,000 $7,502,678

Initial Site Characterization (§280.63)

Gather information for initial site 

characterization - Facility 0.00 6.00 1.00 0.00 7.00 $379.32 $0.00 $3,512.00 6,000 42,000 $23,347,918

Gather information for initial site 

characterization - Contractor 0.00 9.00 54.00 27.00 90.00 $2,578.65 $0.00 $0.00 6,000 540,000 $15,471,908

Prepare and submit information per instructions 0.50 1.50 1.00 0.00 3.00 $170.21 $0.00 $489.00 6,000 18,000 $3,955,249

Free Product Removal (§280.64)

Gather information for free 

product removal report - Facility 0.00 1.50 3.25 0.00 4.75 $179.94 $0.00 $430.00 1,200 5,700 $731,930

Gather information for free 

product removal report - Contractor 0.00 6.00 38.00 19.00 63.00 $1,795.11 $0.00 $0.00 1,200 75,600 $2,154,131

Prepare and submit report 0.50 1.00 0.00 0.00 1.50 $112.59 $0.00 $147.00 1,200 1,800 $311,510

Investigations for Soil and Groundwater Cleanup (§280.65)

Gather information for investigation report - Facility 0.00 2.00 0.00 0.00 2.00 $116.98 $0.00 $3,342.00 4,500 9,000 $15,565,423

Gather information for investigation report - Contractor 0.00 10.00 69.00 31.00 110.00 $3,139.77 $0.00 $0.00 4,500 495,000 $14,128,972

Submit collected information 0.50 0.75 0.00 0.00 1.25 $97.97 $0.00 $434.00 4,500 5,625 $2,393,860

Corrective Action Plan (§280.66)

Prepare and submit corrective action plan

or additional information - Facility 2.00 2.25 0.00 0.00 4.25 $348.01 $0.00 $1,078.00 3,600 15,300 $5,133,624

Prepare and submit corrective action plan

or additional information - Contractor 0.00 20.00 78.00 39.00 137.00 $4,134.16 $0.00 $0.00 3,600 493,200 $14,882,973

Notify implementing agency of early cleanup 0.00 0.50 0.00 0.00 0.50 $29.25 $0.00 $1.91 360 180 $11,217

Report results of implementing plan - Facility 2.00 2.75 0.00 0.00 4.75 $377.25 $0.00 $780.00 3,600 17,100 $4,166,109

Report results of implementing plan - Contractor 0.00 8.00 37.00 19.00 64.00 $1,883.72 $0.00 $0.00 3,600 230,400 $6,781,398

Subtotal 2,268,211 $127,131,925

*Due to rounding, columns may not sum exactly.
 65

EXHIBIT 1 (concluded)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs per Respondent per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

SUBPART G: OUT-OF-SERVICE UST SYSTEMS AND CLOSURE

Reading the Regulations

Read the regulations 0.25 0.25 0.50 0.00 1.00 $55.86 $0.00 $0.00 6,028 6,028 $336,696

Permanent Closure and Change-In-Service Notification (§280.71(a))

Notify the implementing agency

of permanent closure or change-in-service 0.00 0.25 0.00 0.00 0.25 $14.62 $0.00 $1.91 16,335 4,084 $270,097

Conduct site assessment of excavation zone - Facility 0.00 2.75 0.00 0.00 2.75 $160.85 $0.00 $2,727.00 16,335 44,921 $47,173,056

Conduct site assessment of excavation zone - Contractor 0.00 6.00 40.00 18.00 64.00 $1,832.58 $0.00 $0.00 16,335 1,045,440 $29,935,255

Closure Records (§280.74)

Maintain records after permanent closure or

change-in-service for at least three years 0.00 0.00 0.00 0.10 0.10 $1.93 $0.00 $0.14 16,335 1,634 $33,760

Mail records to implementing agency if they

cannot be maintained on site 0.00 0.00 0.00 0.50 0.50 $9.63 $0.00 $5.22 4,084 2,042 $60,670

Subtotal 1,104,148 $77,809,534

SUBPART H: FINANCIAL RESPONSIBILITY

Reading the Regulations

Read the regulations 0.50 0.50 1.00 0.00 2.00 $111.72 $0.00 $0.00 3,653 7,306 $408,116

Cancellation or Nonrenewal by a Provider of Financial Assurance (§280.109)

Prepare and submit a notice of termination of financial 

assurance 0.25 0.00 0.50 0.25 1.00 $46.05 $0.00 $1.91 4,223 4,223 $202,547

If necessary, prepare and submit notice of failure

to obtain alternative coverage within 60 days 0.00 0.50 1.00 0.25 1.75 $62.43 $0.00 $1.91 422 739 $27,172

Reporting (§280.110)

Gather and submit forms listed in Section 280.110(a)1

to the implementing agency documenting current evidence

of financial responsibility per 289.110(b) as a result of a release 0.00 0.00 0.00 0.25 0.25 $4.82 $0.00 $1.91 6,000 1,500 $40,372

Recordkeeping (§280.111)

Obtain and keep on file proof of financial responsibility 0.00 0.00 0.25 0.10 0.35 $9.02 $0.00 $0.14 211,144 73,901 $1,933,951

Update certification if financial assurance mechanism is 

modified 0.00 0.00 0.50 0.25 0.75 $19.00 $0.00 $0.00 52,786 39,590 $1,003,047

Bankruptcy or Other Incapacity (§280.114)

Prepare and submit notification of 

commencement of bankruptcy procedures 0.50 0.25 0.50 0.25 1.50 $87.73 $0.00 $1.91 2,111 3,167 $189,264

If necessary, prepare and submit notice of inability

to obtain alternative coverage within 30 days 0.00 0.50 1.00 0.25 1.75 $62.43 $0.00 $1.91 211 370 $13,586

Subtotal 130,795 $3,818,057

TOTAL 5,065,444 $375,503,976

* Due to rounding, columns may not sum exactly.
 66

EXHIBIT 2

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

STATE PROGRAM APPROVAL

Hours and Costs per Respondent per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

SUBPART B: COMPONENTS OF A PROGRAM APPLICATION

Reading the Regulations

Read the regulations 4.00 8.00 8.00 0.00 20.00 $1,354.85 $0.00 $0.00 1 20 $1,355

Transmittal Letter (§281.20(a))

Obtain a transmittal letter from the governor's office 1.00 1.00 2.00 1.00 5.00 $280.83 $0.00 $0.00 1 5 $281

Submit letter to implementing agency 0.00 0.00 0.00 0.10 0.10 $2.88 $0.00 $1.91 1 0.1 $5

Description of State Program (§281.20(b) and §281.21)

Prepare and submit description of state program 2.00 8.00 80.00 0.00 90.00 $4,294.23 $0.00 $21.54 1 90 $4,316

Procedures for Adequate Enforcement (§281.22 and §281.20(c))

Gather and submit information on compliance monitoring

and enforcement procedures 2.00 4.00 40.00 2.00 48.00 $2,284.00 $0.00 $21.54 1 48 $2,306

Memorandum of Agreement (§281.24 and §281.20(e))

Negotiate an MOA with EPA 10.00 6.00 15.00 5.00 36.00 $2,102.14 $0.00 $0.00 1 36 $2,102

Prepare and submit written MOA with application 6.00 6.00 16.00 4.00 32.00 $1,799.40 $0.00 $21.54 1 32 $1,821

Attorney General's Statement (§281.25 and §281.20(f))

Draft and submit statement from attorney general 47.00 4.00 40.00 2.00 93.00 $5,849.54 $0.00 $21.54 1 93 $5,871

Copies of Statutes and Regulations (§281.20(g))

Research and gather statutes and regulations 8.00 0.00 15.00 4.00 27.00 $1,394.56 $0.00 $0.00 1 27 $1,395

Submit copies as a part of the application to EPA 0.00 0.00 0.00 0.10 0.10 $2.88 $0.00 $21.54 1 0.1 $24

Subtotal 351 $19,475

SUBPART D: ADEQUATE ENFORCEMENT AND COMPLIANCE

Reading the Regulations

Read the regulations 1.00 1.00 1.00 0.00 3.00 $208.97 $0.00 $0.00 1 3 $209

Sharing of Information (§281.43(a))

Maintain files and current information on program administration 0.00 5.00 4.00 5.00 14.00 $749.80 $0.00 $0.00 42 588 $31,492

Submit information to EPA, if requested 0.00 0.00 0.00 0.10 0.10 $2.88 $0.00 $21.54 1 0.1 $24

Subtotal 591 $31,725

* Due to rounding, columns may not sum exactly.
 67

EXHIBIT 2 (concluded)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

STATE PROGRAM APPROVAL

Hours and Costs per Respondent per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

SUBPART E: APPROVAL PROCEDURES

Reading the Regulations

Read the regulations 1.00 2.00 2.00 0.00 5.00 $338.71 $0.00 $0.00 1 5 $339

Approval Procedures for State Programs (§281.50(b))

Issue public notice of the development of underground 

storage tank program 0.00 0.50 0.00 0.25 0.75 $50.56 $0.00 $0.00 1 1 $51

Receive and review public comments 0.00 1.00 4.00 0.00 5.00 $258.82 $0.00 $0.00 1 5 $259

Revision of Approved State Programs (§281.52(a),(b)) 

Collect and submit information on changes in regulations or

shifts in responsibilities 2.00 10.00 8.00 5.00 25.00 $1,513.94 $0.00 $21.54 0 0 $0

Prepare and submit revised application,

if requested by EPA 4.00 2.00 30.00 6.00 42.00 $1,954.09 $0.00 $21.54 0 0 $0

Subtotal 11 $648

SUBPART F: W ITHDRAW AL OF APPROVAL OF STATE PROGRAMS

Reading the Regulations

Read the regulations 1.00 1.00 2.00 0.00 4.00 $252.00 $0.00 $0.00 0 0 $0

Procedures for Withdrawal of Approval of State Programs (§281.61(a)(1))

Gather information for program transfer 2.00 2.00 16.00 8.00 28.00 $1,250.92 $0.00 $0.00 0 0 $0

Prepare and submit transfer notification 0.00 0.50 1.00 1.00 2.50 $115.21 $0.00 $1.91 0 0 $0

Develop and submit plan for information 

transfer at least 90 days before the transfer 4.00 2.00 8.00 2.00 16.00 $892.22 $0.00 $21.54 0 0 $0

Subtotal 0 $0

TOTAL 953 $51,848

* Due to rounding, columns may not sum exactly.
 68

EXHIBIT 3

ANNUAL ESTIMATED AGENCY HOUR AND COST BURDEN

UST TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs per Respondent per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

SUBPART B: UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, AND NOTIFICATION

Review and file notification forms 0.00 0.00 0.50 0.25 0.75 $31.54 $0.00 $0.00 5,215 3,911 $164,476

Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.94 $0.00 $0.00 5,215 521 $15,332

Subtotal 4,433 $179,808

SUBPART D: RELEASE DETECTION

Review demonstration of the effectiveness of an alternative 

method of release detection 0.00 2.00 8.00 0.00 10.00 $524.83 $0.00 $0.00 0 0 $0

Subtotal 0 $0

SUBPART E: RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION

Review and file information on suspected releases 0.00 0.50 2.00 0.50 3.00 $145.91 $0.00 $0.00 10,000 30,000 $1,459,100

Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.94 $0.00 $0.00 10,000 1,000 $29,400

Review and file information on confirmed releases 0.00 0.50 2.00 0.50 3.00 $145.91 $0.00 $0.00 6,000 18,000 $875,460

Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.94 $0.00 $0.00 6,000 600 $17,640

Subtotal 49,600 $2,381,600

* Due to rounding, columns may not sum exactly.
 69

EXHIBIT 3 (continued)

ANNUAL ESTIMATED AGENCY HOUR AND COST BURDEN

UST TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs per Respondent per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

SUBPART F: RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES 

Receive and review initial response report 0.00 0.00 0.50 0.00 0.50 $24.18 $0.00 $0.00 6,000 3,000 $145,080

Enter information into a database 0.00 0.00 0.00 0.50 0.50 $14.70 $0.00 $0.00 6,000 3,000 $88,200

Review and file summary report of initial abatement measures 0.00 1.00 4.00 0.25 5.25 $269.77 $0.00 $0.00 6,000 31,500 $1,618,620

Enter information into a database 0.00 0.00 0.00 0.25 0.25 $7.35 $0.00 $0.00 6,000 1,500 $44,100

Review and file information on initial site characterization 0.00 1.00 4.00 0.25 5.25 $269.77 $0.00 $0.00 6,000 31,500 $1,618,620

Enter information into a database 0.00 0.00 0.00 0.25 0.25 $7.35 $0.00 $0.00 6,000 1,500 $44,100

Review and file free product removal report 0.00 1.00 4.00 0.25 5.25 $269.77 $0.00 $0.00 1,200 6,300 $323,724

Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.94 $0.00 $0.00 1,200 120 $3,528

Review and file soil and groundwater investigation report 0.00 1.00 4.00 0.25 5.25 $269.77 $0.00 $0.00 4,500 23,625 $1,213,965

Enter information into a database 0.00 0.00 0.00 0.25 0.25 $7.35 $0.00 $0.00 4,500 1,125 $33,075

Review and file corrective action plan 1.00 2.00 8.00 0.25 11.25 $640.79 $0.00 $0.00 3,600 40,500 $2,306,844

Enter information into a database 0.00 0.00 0.00 0.25 0.25 $7.35 $0.00 $0.00 3,600 900 $26,460

Notify public of the release and the corrective action plan 

through an appropriate means 0.00 0.00 1.00 0.25 1.25 $55.72 $0.00 $0.00 3,600 4,500 $200,592

Hold a public hearing and consider comments on

the proposed corrective action plan 0.00 2.00 8.00 0.00 10.00 $524.83 $0.00 $0.00 3,600 36,000 $1,889,388

Notify the owner or operator whether plan is approved or

disapproved 0.00 0.25 0.00 0.25 0.50 $24.59 $0.00 $1.91 3,600 1,800 $95,407

Review and file the report on results of implementing the plan 2.00 4.00 16.00 0.25 22.25 $1,274.23 $0.00 $0.00 3,600 80,100 $4,587,228

Enter information into a database 0.00 0.00 0.00 0.25 0.25 $7.35 $0.00 $0.00 3,600 900 $26,460

Give public notice if the approved plan fails to achieve 

established cleanup levels, and termination of plan is being 

considered (failure rate of 5 percent) 0.00 0.00 1.00 0.25 1.25 $55.72 $0.00 $0.00 180 225 $10,030

Subtotal 268,095 $14,275,421

SUBPART G: OUT-OF-SERVICE UST SYSTEMS AND CLOSURE

Review and file notification of closure or a change in service 0.00 0.00 0.50 0.25 0.75 $31.54 $0.00 $0.00 16,335 12,251 $515,206

Subtotal 12,251 $515,206

* Due to rounding, columns may not sum exactly.
 70

EXHIBIT 3 (concluded)

ANNUAL ESTIMATED AGENCY HOUR AND COST BURDEN

UST TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs per Respondent per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

SUBPART H: FINANCIAL RESPONSIBILITY

Review and file submitted financial assurance 

information 0.00 0.00 0.50 0.25 0.75 $31.54 $0.00 $0.00 6,000 4,500 $189,240

Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.94 $0.00 $0.00 6,000 600 $17,640

Notify owners or operators if they no longer

meet financial assurance responsibilities 0.00 0.25 0.00 0.25 0.50 $24.59 $0.00 $1.91 4,223 2,111 $111,915

Review and file notification of failure to obtain alternative 

financial assurance due to cancellation or non-renewal of 

policy 0.00 0.25 1.00 0.25 1.50 $72.96 $0.00 $0.00 422 633 $30,810

Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.94 $0.00 $0.00 422 42 $1,242

Review and file notification of commencement of bankruptcy 

procedures 0.00 0.25 1.00 0.25 1.50 $72.96 $0.00 $0.00 2,111 3,167 $154,051

Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.94 $0.00 $0.00 2,111 211 $6,208

Review and file notification of failure to obtain alternative 

financial assurance due to bankruptcy 0.00 0.25 1.00 0.25 1.50 $72.96 $0.00 $0.00 211 317 $15,405

Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.94 $0.00 $0.00 211 21 $621

Subtotal 11,603 $527,131

TOTAL 345,982 $17,879,166

* Due to rounding, columns may not sum exactly.
 71

EXHIBIT 4

ANNUAL ESTIMATED AGENCY HOUR AND COST BURDEN

STATE PROGRAM APPROVAL

Hours and Costs per Respondent per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

SUBPART B: COMPONENTS OF A PROGRAM APPLICATION 

Examine state program application and notify

the state whether the application is complete 0.00 1.00 4.00 0.00 5.00 $262.42 $0.00 $0.00 1 5 $262

Review the complete state program application and tentatively 

determine approval or disapproval for state program 8.00 16.00 40.00 0.00 64.00 $3,906.69 $0.00 $0.00 1 64 $3,907

Issue public notice of the tentative decision 0.00 0.50 0.00 0.25 0.75 $41.82 $0.00 $0.00 1 1 $42

Receive and review public comments 0.00 1.00 4.00 0.00 5.00 $262.42 $0.00 $0.00 1 5 $262

Conduct public hearing, if necessary 0.00 2.00 2.00 0.00 4.00 $234.62 $0.00 $0.00 1 4 $235

Make a final decision on approval or disapproval for a state 

program 0.00 1.00 4.00 0.00 5.00 $262.42 $0.00 $0.00 1 5 $262

Issue notice of the final decision 0.00 0.50 0.00 0.25 0.75 $41.82 $0.00 $0.00 1 1 $42

Subtotal 85 $5,012

SUBPART E: APPROVAL PROCEDURES

Review the revision of approved state program

and tentatively determine approval or disapproval 2.00 4.00 10.00 0.00 16.00 $976.67 $0.00 $0.00 0 0 $0

Issue public notice of the tentative decision 0.00 0.50 0.00 0.25 0.75 $41.82 $0.00 $0.00 0 0 $0

Notify state if decision receives negative public comment and 

either withdraw the decision or respond to the negative public

comments 0.00 1.00 4.00 0.25 5.25 $269.77 $0.00 $1.91 0 0 $0

Subtotal 0 $0

SUBPART F: W ITHDRAW AL OF APPROVAL OF STATE PROGRAMS

Review and file transfer notification and plan 1.00 2.00 8.00 0.25 11.25 $640.79 $0.00 $0.00 0 0 $0

Publish notice of the transfer 0.00 0.50 0.00 0.25 0.75 $41.82 $0.00 $0.00 0 0 $0

Conduct withdrawal proceedings in accordance

with 40 CFR §271.23(b) and (c) 2.00 4.00 16.00 0.00 22.00 $1,266.88 $0.00 $0.00 0 0 $0

Subtotal 0 $0

TOTAL 85 $5,012

* Due to rounding, columns may not sum exactly.
 72

6(e)	Bottom	Line	Burden	Hours and	Cost

(1) Respondent Tally

Exhibit 5 summarizes the total annual hour and cost burden to UST owners and operators 

and to states (as respondents seeking program approval). As shown in the exhibit, EPA 

estimates the annual respondent burden to be approximately 5 million hours and $376

million. The bottom line burden to respondents over three years is estimated to be 

approximately 15 million hours and $1.1 billion.

Combined ICR Respondent Burden

ICR Respondents Responses Total Hours/ 

Year

Capital/Startup Cost and 

O&M Costs

Total Cost/Year

ICR 1360

Private 211,144 348,226 5,065,444 $223,431,403 $375,503,976

ICR 1360 

States 42 49 953 131 $51,848

ICR 2405 

(Region IX) 500 500 2,500 $4,025 $29,025

Total

211,686 348,775 5,068,897 $223,435,559 $375,584,849

(2) Agency Tally

Exhibit 6 summarizes the total annual Agency hour and cost burden associated with all of 

the requirements covered in this ICR. As shown in the exhibit, EPA estimates the annual 

Agency burden to be approximately 346,000 hours and $18 million. The bottom line 

burden to the Agency over three years is estimated to be approximately 1.0 million hours 

and $54 million.

Combined ICR Burden – Annual Agency

ICR Hours per Year Labor Cost Capital/Startup O&M Total Cost/Year

ICR 1360 346,067 $17,869,221 $0 $14,957 $17,884,178

EXHIBIT 5

TOTAL ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN SUMMARY

Total Capital/ Total

Hours/ Labor Startup O & M Cost/

Information Collection Activity Year Cost Cost Cost Year

Technical and Financial Requirements 5,065,444 $152,072,573 $54,935,878 $168,495,526 $375,503,976

State Program Approval 953 $51,717 $0 $131 $51,848

TOTAL 5,066,397 $152,124,290 $54,935,878 $168,495,657 $375,555,824

* Due to rounding, figures may not sum exactly.

EXHIBIT 6

TOTAL ESTIMATED ANNUAL AGENCY HOUR AND COST BURDEN SUMMARY

Total Capital/ Total

Hours/ Labor Startup O & M Cost/

Information Collection Activity Year Cost Cost Cost Year

Technical and Financial Requirements 345,982 $17,864,209 $0 $14,957 $17,879,166

State Program Approval 85 $5,012 $0 $0 $5,012

TOTAL 346,067 $17,869,221 $0 $14,957 $17,884,178

* Due to rounding, figures may not sum exactly.
 73

ICR 2405 

(Region IX)

125 $5,986.25 $0 $0 $5,986.25

Total 346,192 $17,875,207 $0 $14,957 $17,890,164

6(f) Reasons	for	Change	in	Burden

This ICR presents a comprehensive description of the total annual respondent burden for 

all information collection activities related to the UST program. In renewing this ICR, 

EPA has updated its respondent universe and burden estimates based on updated data 

from the Office of Underground Storage Tanks (OUST) and the regulated community.

EPA also slightly reduced the burden associated with notification requirements. Because 

of these changes, the total annual time burden to respondents has decreased 25 percent 

(1,684,661 hours) from the previous ICR (from 6,753,558 hours per year to 5,068,897 

hours per year).

Previously Approved Change Requested

Responses 478,853 -130,078 348,775

Hours 6,753,558 -1,684,661 5,068,897

Cost 279,652,536 -56,216,977 223,435,559

6(g) Burden	Statement

Exhibit 7 presents the average annual respondent time burden for each UST facility and 

for each state that has a federally approved UST program or will apply for program 

approval. For UST facilities, as shown in the exhibit, the estimated total average time

burden for conducting the activities covered in this ICR is approximately 24 hours per 

respondent annually. Of this total, the reporting burden is estimated to average 13 hours 

per respondent per year. This estimate includes time for preparing and submitting 

notices, preparing and submitting demonstrations and applications, reporting releases, 

gathering information, and preparing and submitting reports. The estimated average 

recordkeeping burden for UST facilities is 10 hours per respondent per year. This 

estimate includes time for gathering information and for developing and maintaining 

records. The burden for third-party disclosure is estimated to average 0.3 hours per 

respondent per year. This estimate includes time to notify an UST purchaser of the 

owner’s notification obligations.

For states applying for program approval and for states with approved programs, the 

estimated total average time burden is approximately 23 hours per state annually. The 

estimated average reporting burden is approximately eight hours per respondent per year. 

EXHIBIT 7

TOTAL AVERAGE ANNUAL RESPONDENT BURDEN

Information Collection Activity

Average 

Reporting 

Burden (Hours)

Average 

Recordkeeping 

Burden (Hours)

Average Third Party

Disclosure

Burden (Hours)

Total Average 

Burden (Hours)

Technical and Financial Requirements 13.47 10.25 0.27 23.99

State Program Approval 8.03 14.67 0.00 22.69
 74

This estimate includes time for preparing and submitting an application and associated 

information. The estimated average recordkeeping burden is approximately 15 hours per 

respondent per year. This estimate includes time for maintaining application files.

Burden Statement: The annual public reporting and recordkeeping burden for this 

collection of information is estimated to average 15 hours per response. Burden means 

the total time, effort, or financial resources expended by persons to generate, maintain, 

retain, or disclose or provide information to or for a Federal agency. This includes the 

time needed to review instructions; develop, acquire, install, and utilize technology and 

systems for the purposes of collecting, validating, and verifying information, processing 

and maintaining information, and disclosing and providing information; adjust the 

existing ways to comply with any previously applicable instructions and requirements; 

train personnel to be able to respond to a collection of information; search data sources; 

complete and review the collection of information; and transmit or otherwise disclose the 

information. 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. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 

and 48 CFR chapter 15. 

To comment on the Agency’s need for this information, the accuracy of the provided 

burden estimates and any suggested methods for minimizing respondent burden, 

including the use of automated collection techniques, EPA has established a public 

docket for this ICR under Docket ID No. EPA-HQ-UST-2010-0625, which is available 

for online viewing at www.regulations.gov, or in person at the UST Docket in the EPA 

Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, 

Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number 

for the Reading Room is 202 566-1744 and the telephone number for the UST Docket is

202 566-0270. An electronic version of the public docket is available at 

www.regulations.gov. This site can be used to submit or view public comments, access 

the index listing of the contents of the public docket, and to access those documents in 

the public docket that are available electronically. When in the system, select “search,” 

then key in the Docket ID Number identified above. Also, you can send comments to the 

Office of Information and Regulatory Affairs, Office of Management and Budget, 725 

17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please 

include the EPA Docket ID Number EPA-HQ-UST-2010-0625 and OMB Control 

Number 2050-0068 in any correspondence.