SUPPORTING STATEMENT FOR 

EPA INFORMATION COLLECTION REQUEST NUMBER 1360.08 

“UNDERGROUND STORAGE TANKS: TECHNICAL AND FINANCIAL 

REQUIREMENTS, AND STATE PROGRAM APPROVAL PROCEDURES” 

October 24, 2007
TABLE OF CONTENTS

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

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

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

2. NEED FOR AND USE OF THE COLLECTION................................................................. 6 

2(a) Need and Authority for the Collection.......................................................................... 6 

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............................................................................... 9 

3(e) General Guidelines........................................................................................................ 9 

3(f) Confidentiality .............................................................................................................. 9 

3(g) Sensitive Questions....................................................................................................... 9 

4. THE RESPONDENTS AND THE INFORMATION REQUESTED................................... 9 

4(a) Respondents and SIC/NAICS Codes............................................................................ 9 

4(b) Information Requested................................................................................................ 12 

5. THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT......................................... 45 

5(a) Agency Activities........................................................................................................ 45 

5(b) Collection Methodology and Management................................................................. 46 

5(c) Small Entity Flexibility............................................................................................... 46 

5(d) Collection Schedule .................................................................................................... 46 

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION................. 47 

6(a) Estimating Respondent Hours..................................................................................... 47 

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

6(c) Estimating Agency Hour and Cost Burden................................................................. 50 

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

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

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

6(g) Burden Statement........................................................................................................ 73
 1 

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of the Information Collection

 Underground Storage Tanks: Technical and Financial Requirements, and State Program 

Approval Procedures, EPA ICR Number 1360.08. 

1(b) Short Characterization 

 Subtitle I of the Resource Conservation and Recovery Act (RCRA), as amended, 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. EPA promulgated 

technical and financial requirements for owners and operators of USTs at 40 CFR Part 280, and 

State program approval procedures at 40 CFR Part 281. 

 This ICR examines the UST information collection requirements 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 Requirements” and all 

40 CFR Part 281 requirements under the heading “State Program Approval Procedures.” 

(1) Technical and Financial Requirements

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

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

C Program scope and interim prohibition; 

C UST systems: design, construction, installation, and notification; 

C General operating requirements; 

C Release detection; 

C Release reporting, investigation, and confirmation; 

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

hazardous substances; 

C Out-of-service UST systems and closure; and 

C Financial responsibility. 

 The technical and financial requirements for owners and operators of USTs are found in 

40 CFR Part 280. A brief summary of the information collection requirements associated with 

each UST regulation is provided below. A more specific discussion of the data items and 

respondent activities associated with each of the information collection requirements is presented 

in Section 4(b) of this ICR. 
 2 

 

(a) Program Scope and Interim Prohibition

 EPA promulgated requirements for deferred UST systems at 40 CFR Part 280, Subpart 

A. Section 280.11 specifies design requirements for UST systems that are not otherwise subject 

to the 40 CFR Part 280 regulations. These deferred UST systems must have corrosion protection 

unless a corrosion expert determines the site not to be corrosive enough to cause the UST system 

to have a release due to corrosion during its operating life. The information collection 

requirements associated with this siting prohibition are contained at 40 CFR 280.11(a) and (b). 

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

 EPA promulgated the performance standards for new and existing UST systems at 40 

CFR Part 280, Subpart B. Sections 280.20(a), (b), and (e) and 280.22 prohibit installation of 

tanks without corrosion protection unless a corrosion expert has determined that the site not to be 

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

life. Owners and operators must install systems properly, complete and submit certification 

information, and provide notification of all new and existing tank systems. Information 

collection requirements associated with design, construction, and installation are contained in the 

following 40 CFR sections: 

C Performance Standards for New UST Systems - Tanks and Piping Without 

Corrosion Protection (§§280.20(a) and (b)); 

C Certification of Installation (§280.20(e)); and 

C Notification Requirements (§280.22). 

(c) General Operating Requirements

 EPA promulgated UST general operating requirements at 40 CFR Part 280, Subpart C. 

In order to comply with these regulations, owners or operators of USTs must conduct tests, and 

collect, record, and, in some cases, report data to EPA. Information collection requirements 

associated with the general facility standards are contained in the following 40 CFR sections: 

C Operation and Maintenance of Corrosion Protection (§280.31); 

C Maintenance of Repair Records (§280.33(f)); 

C Reporting (§280.34(a)); 

C Recordkeeping (§280.34(b)); and 

C Availability and Maintenance of Records (§280.34(c)). 
 3 

(d) Release Detection

 EPA promulgated release detection standards at 40 CFR Part 280, Subpart D. Owners 

and operators must demonstrate the effectiveness of alternative detection systems; inspect and 

test detection systems in accordance with sections 280.43 and 280.44; and maintain records of all 

sampling, monitoring, testing, and inspections. The information collection requirements 

associated with release detection are contained in the following 40 CFR sections: 

C Release Detection for Tanks (§280.43); 

C Release Detection for Piping (§280.44); and 

C Release Detection Recordkeeping (§280.45). 

(e) Release Reporting, Investigation, and Confirmation

 EPA promulgated release reporting, investigation, and confirmation standards at 40 CFR 

Part 280, Subpart E. Owners and operators must report suspected spills, report and immediately 

clean up spills of 25 gallons or more, and report spills of less than 25 gallons if they cannot be 

cleaned up within 24 hours. Specific guidelines for reporting and cleanup of spills can be found 

at sections 280.50 through 280.53. The information collection requirements associated with 

release reporting and investigation are contained in the following 40 CFR sections: 

C Reporting of Suspected Releases (§280.50); and 

C Reporting and Cleanup of Spills and Overfills (§280.53). 

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

Petroleum or Hazardous Substances

 EPA promulgated release response and corrective action requirements at 40 CFR Part 

280, Subpart F. Owners and operators must respond and take corrective action for a release by 

following procedures described at sections 280.61 through 280.66. Owners and operators must 

report the spill, investigate the physical release area, investigate the characteristics of the 

released product, remove the free product, perform soil and groundwater investigations, draw up 

and conduct corrective action procedures, maintain records, and submit reports on these 

procedures to the implementing agency. The information collection requirements associated 

with release response and corrective action are contained in the following 40 CFR sections: 

C Initial Response (§280.61(a)); 

C Initial Abatement Measures Report and Site Check (§280.62(b)); 

C Initial Site Characterization (§280.63); 

C Free Product Removal (§280.64); 

C Investigations for Soil and Groundwater Cleanup (§280.65); and 

C Corrective Action Plan (§280.66). 
 4 

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

 EPA promulgated closure and out-of-service standards at 40 CFR Part 280, Subpart G. 

Owners and operators must conduct an excavation zone assessment and notify the implementing 

agency if permanently closing a system or changing its service. Records of closed or changed 

systems must be mailed to the implementing agency or maintained as specified in section 280.74. 

The information collection requirements associated with UST closure are contained in the 

following 40 CFR sections: 

 

C Permanent Closure and Changes-In-Service Notification (§280.71(a)); and 

C Closure Records (§280.74(c)). 

(h) Financial Responsibility

 EPA promulgated financial responsibility standards at 40 CFR Part 280, Subpart H. 

Owners and operators may choose one method or a combination of several methods to satisfy the 

financial responsibility requirements of Subpart H. Each method has its own specific submittal 

or recordkeeping requirements. Generally, each respondent must obtain and keep on file proof 

of financial assurance. EPA also may require this information to be submitted. The information 

collection requirements associated with financial responsibility are contained in the following 40 

CFR sections: 

 

C Financial Test of Self Assurance (§280.95(b) or (c)); 

C Guarantee (§280.96); 

C Insurance and Risk Retention Group Coverage (§280.97); 

C Surety Bond (§280.98); 

C Letter of Credit (§280.99); 

C Use of State-Required Mechanisms (§280.100); 

C State Fund or Other State Assurance (§280.101); 

C Trust Fund (§280.102); 

C Standby Trust Fund (§280.103); 

C Local Government Bond Rating Test (§280.104); 

C Local Government Financial Test (§280.105); 

C Local Government Guarantee (§280.106); 

C Local Government Fund (§280.107); 

C Substitution of Financial Assurance Mechanisms by the Owner or Operator 

(§280.108); 

C Cancellation or Nonrenewal by a Provider of Financial Assurance (§280.109); 

C Reporting by the Owner or Operator (§280.110); 

C Recordkeeping (§280.111); 

C Drawing on Financial Assurance Mechanisms (§280.112); and 

C Bankruptcy or Other Incapacity (§280.114). 

 
 5 

(2) State Program Approval Procedures

 Under the authority of section 9004 of RCRA, EPA developed procedures for States to 

apply for approval to implement a State program in lieu of the Federal program. EPA 

promulgated regulations at 40 CFR Part 281 in the following subparts: 

C Components of a Program Application (Subpart B); 

C Adequate Enforcement Compliance (Subpart D); 

C Approval Procedures (Subpart E); and 

C Withdrawal of Approval of State Programs (Subpart F). 

 A brief summary of the information collection requirements associated with the State 

program approval process is provided below. A more specific discussion of the data items and 

respondent activities associated with each of the information collection requirements is presented 

in Section 4(b) of this ICR. 

(a) Components of a Program Application 

 EPA promulgated State program application information requirements at 40 CFR Part 

281, Subpart B. A State must gather information, and develop and submit a program application 

to EPA for review. The application process includes obtaining information from the Governor 

and Attorney General, and preparing a description of the program. The information collection 

requirements associated with State program approval are contained in the following 40 CFR 

sections: 

 

C Transmittal Letter (§281.20(a)); 

C Description of State Program (§§281.20(b) and 281.21); 

C Procedures for Adequate Enforcement (§§281.20(c) and 281.22); 

C Memorandum of Agreement (§§281.20(e) and 281.24); 

C Attorney General's Statement (§§281.20(f) and 281.25); and 

C Copies of Statutes and Regulations (§281.20(g)). 

(b) Adequate Enforcement and Compliance

 EPA promulgated enforcement and compliance standards at 40 CFR Part 281, Subpart D. 

Upon request, a State must submit information from State files regarding the administration of 

the program. The information collection requirements associated with enforcement and 

compliance are contained in section 281.43(a), “Sharing of Information.” 
 6 

(c) Approval Procedures

 EPA promulgated approval procedure requirements at 40 CFR Part 281, Subpart E. 

Section 281.51(b) specifies that all States seeking approval to implement a State program in lieu 

of the Federal program must issue a notice for public comment indicating that the State is 

developing its tank program. 

A State must also revise its program to satisfy new requirements. The information 

collection requirements associated with approval procedures for revisions of State programs are 

contained in sections 281.52(a) and (b), “Revision of Approved State Programs.” 

(d) Withdrawal of Approval of State Programs

 EPA promulgated requirements for withdrawal of State program approval at 40 CFR Part 

281, Subpart F. A State may, at any time, transfer responsibilities by developing and submitting 

a plan for information transfers. The information collection requirements associated with the 

withdrawal of a State program are contained in section 281.61(a)(1), “Procedures for Withdrawal 

of Approval of State Programs.” 

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 UST, owner and operator 

duties, and States submitting their own programs for approval, to be administered in lieu of the 

Federal UST program. Without this data collection, releases from leaking tanks, spills, or 

overfills could go undetected. In general, the UST reporting and recordkeeping requirements are 

intended to yield valuable information on UST systems and to facilitate prompt action when a 

release is detected. 

(1) Technical and Financial 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 UST tanks 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 (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 
 7 

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. In order 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 evidenced by numerous instances of 

environmental damage resulting from regulated substances being released 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 or leaking tanks. 

(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 their 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. 

2(b) Practical Utility and Users of the Data

(1) Technical and Financial Requirements

 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. 

 Notifications and submitted information on technical standards or financial assurance are 

used by EPA or the implementing agency to monitor compliance with UST regulations. The 

financial information also is used 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 
 8 

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. 

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) Nonduplication

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

but 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. 

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 July 25, 2007 (Volume 72, Number 142, Pages 40852-40853). 

The public comment period ended on September 30, 2007. No comments were received during 

the comment period. The public will have a second chance to comment when the ICR is 

submitted to the Office of Management and Budget. 

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 that were conducted in renewing previous UST ICRs. 

In renewing this current ICR, EPA carefully reviewed all of the ICR’s assumptions as well as 

feedback from industry and States and determined that at this time no significant modifications 

to the existing burden hour estimates were warranted. In conducting its consultations, EPA 

focused on those assumptions that have the greatest effect on the ICR’s burden estimates (e.g., 

labor rates). EPA’s assumptions regarding hour and cost burden are fully discussed in Section 

6(d) of this document. 

 EPA conducted its consultations with the following organizations: 

Name of Organization Name of Contact Person Telephone Number 

Industry 

Ami Adini & Associates Larry Witwer (323) 913-4073 

Manchaca Food Mart Mike Dhuka (512) 442-0665 

Valero John Wilrodt (210) 345-4235 

United Environmental Group Steve Klesic (412) 855-1763 

7-Eleven Inc. Scott T. Johnson (847) 608-1136 

States

Colorado Department of Labor and Employment Marilyn Hajicek (303) 318-8530 

Indiana Department of Environmental Management Lynn West (317) 232-3593 

South Carolina Department of Health and Environmental Control Eric Cathcart (803) 896-7597 
 9 

3(d) Effects of Less Frequent Collection

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

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

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

minimize the burden imposed. EPA believes strongly that if the minimum information collection 

requirements specified under the regulations 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. 

3(e) General Guidelines

 This 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

 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 such a claim were asserted, 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 108. 

3(g) Sensitive Questions

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

requirements. 

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents and SIC/NAICS Codes

 The following is a list of Standard Industrial Classification (SIC) codes and 

corresponding North American Industrial Classification System (NAICS) codes associated with 

industries most likely affected by the information collection requirements covered in this ICR. 
 10 

SIC Code SIC Code Description NAICS Code NAICS Code Description

211112 Natural Gas Liquid Extraction 

325998 All Other Miscellaneous Chemical Product and 

Preparation Manufacturing 

331311 Alumina Refining 

325131 Inorganic Dye and Pigment Manufacturing 

2819 Industrial Inorganic Chemicals 

325188 All Other Basic Inorganic Chemical Manufacturing 

2821 Plastics Materials and Resins 325211 Plastics Material and Resin Manufacturing 

2851 Paints and Allied Products 32551 Paint and Coating Manufacturing 

32511 Petrochemical Manufacturing 

325188 All Other Basic Inorganic Chemical Manufacturing 

325193 Ethyl Alcohol Manufacturing 

32512 Industrial Gas Manufacturing 

2869 Industrial Organic Chemicals 

325199 All Other Basic Organic Chemical Manufacturing 

32551 Paint and Coating Manufacturing 

311942 Spice and Extract Manufacturing 

325199 All Other Basic Organic Chemical Manufacturing 2899 Chemical Preparations 

325998 All Other Miscellaneous Chemical Product and 

Preparation Manufacturing 

2911 Petroleum Refining 32411 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 

33271 Machine Shops 

3599 Industrial Machinery 

333999 All Other Miscellaneous General Purpose Machinery 

Manufacturing 
 11 

SIC Code SIC Code Description NAICS Code NAICS Code Description

336211 Motor Vehicle Body Manufacturing 

336312 Gasoline Engine and Engine Parts Manufacturing 

336322 Other Motor Vehicle Electrical and Electronic 

Equipment Manufacturing 

33633 Motor Vehicle Steering and Suspension Components 

(except Spring) Manufacturing 

33634 Motor Vehicle Brake System Manufacturing 

33635 Motor Vehicle Transmission and Power Train Parts 

Manufacturing 

3714 Motor Vehicle Parts and 

Accessories 

336399 All Other Motor Vehicle Parts Manufacturing 

562112 Hazardous Waste Collection 

562119 Other Waste Collection 

48411 General Freight Trucking, Local 

48421 Used Household and Office Goods Moving 

4212 Local Trucking Without Storage 

48422 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 

4911 Electric Systems 

48621 Pipeline Transportation of Natural Gas 

454311 Heating Oil Dealers 

5171 454312 Liquefied Petroleum Gas (Bottled Gas) Dealers Petroleum Bulk Stations and 

Terminals 

42471 Petroleum Bulk Stations and Terminals 

5511 New and Used Car Dealers 44111 New Car Dealers 

44711 Gasoline Stations with Convenience Store 

5541 Gasoline Service Stations 

44719 Other Gasoline Stations 

7538 General Automotive Repair Shops 811111 General Automotive Repair 
 12 

4(b) Information Requested

 In the following paragraphs, EPA describes the UST technical and financial requirements 

and the State program approval application requirements contained at 40 CFR Parts 280 and 281, 

respectively. 

(1) Technical and Financial Requirements

 Regulations at 40 CFR Part 280 contain technical and financial 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: 

C Program Scope and Interim Prohibition (Subpart A); 

C UST Systems: Design, Construction, Installation, and Notification (Subpart B); 

C General Operating Requirements (Subpart C); 

C Release Detection (Subpart D); 

C Release Reporting, Investigation, and Confirmation (Subpart E); 

C Release Response and Corrective Action for UST Systems Containing Petroleum 

or Hazardous Substances (Subpart F); 

C Out-of-Service UST Systems and Closure (Subpart G); and 

C 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. Deferrals include the following types of UST systems, unless a 

corrosion expert finds the site to be relatively non-corrosive: (1) wastewater treatment tank 

systems, (2) regulated radioactive material systems, (3) emergency generation systems at a 

nuclear power generation facility, (4) airport hydrant fuel distribution systems, and (5) fieldconstructed tank systems. Section 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: 

C 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. 
 13 

(ii) Respondent Activities: 

C Have a corrosion expert inspect the site; and 

C 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 noncorrosive (§§280.20(a) and (b)). Sections 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 that demonstrate that a corrosion expert 

determined the site not to be 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 (§§280.20(a) and (b)). 

(i) Data Items: 

C 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: 

C Have a corrosion expert inspect the site; and 

C Maintain the records demonstrating compliance. 

(b2) Certification of Installation

 Section 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 section 280.22 (§280.20(e)). 

(i) Data Item: 

C Certification of compliance of proper installation. 
 14 

(ii) Respondent Activities: 

C Obtain and provide a certification of compliance of proper installation on the 

notification form. 

(b3) Periodic Lining Inspections

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

 

Section 280.21(b)(1)(ii) requires that all tanks upgraded by internal lining be inspected within ten 

years after lining, and every five years thereafter. The purpose of the inspection is to determine 

whether the tank is structurally sound and the lining is still performing in accordance with 

original design specifications. 

(i) Data Items: 

C Records that show the lined tank to be structurally sound and that the lining is still 

performing in accordance with original design specifications. 

(ii) Respondent Activities: 

C Conduct internal tank inspection within ten years after lining and every five years 

thereafter; and 

C Maintain records. 

[NOTE: Although section 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 burdened respondents with this activity in this ICR. In addition, EPA notes 

that the Agency may use these inspection records for enforcement purposes.] 

(b4) Notification Requirements 

 Section 280.22 describes the notification requirements for new UST systems. All of the 

information in Sections I through VII of the notification form (see 40 CFR Part 280, Appendix 

I), or similar State forms used in lieu of the form in Appendix I, must be filled out completely 

(§280.22). In addition, owners and operators selling an UST must notify the purchaser of such 

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

 

1

 As specified at 40 CFR 280.21(a), all tanks should have been upgraded by December 22, 1998.
 15 

(i) Data Item: 

C Completed notification form that includes: 

-- A notice of existence for each tank system located at a separate place of 

operation (§§280.22(a) through (d)); 

-- Certificate of compliance with installation, cathodic protection, financial 

responsibility, and release detection requirements (§§280.22(e) and (f));2

and 

-- Notice to purchaser of an UST of the owner’s notification obligations 

(§280.22(g)). 

(ii) Respondent Activities: 

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

into use; and 

C 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 conduct periodic tests by a qualified cathodic protection tester. 

Sections 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: 

C Records that demonstrate compliance with performance standards for UST 

systems using cathodic protection, including: 

 

2

 Note that this section only burdens respondents 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 section 280.20(e) (certificate of compliance with installation), sections 280.20(a) and (b) 

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

and sections 280.40 through 280.45 (release detection).
 16 

-- For all tanks with cathodic protection, results of testing from the last two 

inspections of the cathodic protection system (§§280.31(b)(1) and (2)); 

and 

-- 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: 

C 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)); 

C Conduct the inspection for impressed current cathodic protection systems every 

60 days; and 

C Maintain records. 

(c2) Maintenance of Repair Records

 Section 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: 

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

(ii) Respondent Activities: 

C Gather information on each repair; 

C Conduct tightness testing 30 days after repair in accordance with sections 

280.43(c) and 280.44(b), except as provided in sections 280.33(d)(1) through 

280.33(d)(3) (§280.33(d)); and 

C Maintain records. 
 17 

(c3) Reporting

 Section 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 sections 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

 Sections 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 sections 

280.20(a)(4), 280.20(b)(3), 280.31, 280.33(f), 280.45, 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

 Section 280.40 outlines release detection requirements that are applicable to all UST 

systems. Section 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 and burdened under sections 280.43, 280.44, and 280.45. 

Data items and respondent activities associated with the reporting of suspected releases are 

covered and burdened in the subsequent section, “Release Reporting, Investigation, and 

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

(d2) Release Detection for Tanks

 Section 280.43 specifies methods that UST owners and operators may use to meet the 

release detection requirements for tanks at section 280.41(a). Owners and operators are required 

to record results of measurements or tests indicating whether a release has or has not occurred. 
 18 

(i) Data Items: 

C Records of inventory control,3 including the following: 

-- Inventory volume measurements for regulated substance inputs, 

withdrawals, and remaining substance for each operating day 

(§§280.43(a)(1) and (3)); 

-- 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)); and 

-- 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)); 

C Records of manual tank gauging,4

 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)); 

C Records of tank tightness testing5 that demonstrate that testing is capable of 

detecting a 0.1 gallon per hour leak rate (§280.43(c)); 

C Records of automatic tank gauging tests, including the following: 

 

-- Monthly automatic product level monitor tests (§280.43(d)(1)); and 

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

standard found in section 280.40(a)(3), records of inventory control (or 

another test of equivalent performance, conducted in accordance with the 

requirements of section 280.43(a) (§280.43(d)(2)); 

 

3

 If an UST system meets the performance standards in section 280.20 or 280.21, product 

inventory control or manual tank gauging may be used in conjunction with tank tightness testing every 

five years until December 22, 1998 or until ten years after installation or upgrading of the tank, whichever 

is later (see §280.41(a)(1)). Note that all tanks should have been upgraded or closed by December 22, 

1998.

4

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

previous footnote).

5

 Tank tightness testing may be used in conjunction with inventory control or manual tank 

gauging (see previous footnotes).
 19 

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

(§280.43(e)); 

C Monthly records of groundwater monitoring (§280.43(f)); 

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

secondary barrier immediately around or beneath it (§280.43(g)); and/or 

C A demonstration for another release detection method (§280.43(h)(2)); and 

C Monthly records of another approved release detection method, if necessary 

(§280.43(h)(2)). 

(ii) Respondent Activities: 

C 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;6

C 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;7

C 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; 

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

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

C If using vapor monitoring, record results of monthly vapor monitoring; 

C If using groundwater monitoring, record results of monthly groundwater 

monitoring; 

 

6

 If an UST system meets the performance standards in section 280.20 or section 280.21, product 

inventory control may be used in conjunction with tank tightness testing every five years until December 

22, 1998 or until ten years after installation or upgrading of the tank, whichever is later (see 

§280.41(a)(1)). Note that all tanks should have been upgraded or closed by December 22, 1998.

7

 Ibid.
 20 

C If using interstitial monitoring, record results of monthly interstitial monitoring; 

and/or 

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

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

results. 

(d3) Release Detection for Piping

 Section 280.44 specifies methods that UST owners and operators may use to meet the 

release detection requirements for piping at section 280.41(b). Owners and operators are 

required to maintain the following types of measurement records to demonstrate compliance. 

(i) Data Items: 

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

manufacturer's requirements (§280.44(a)); and either, 

C Records from a line tightness test conducted per section 280.44(b); or 

C Records from any of the methods identified in sections 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: 

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

in accordance with the manufacturer’s requirements; and either 

C Conduct and record results of an annual line tightness test;8

 or 

 

8

 Based on program experience, EPA believes that approximately 90 percent of the lines are 

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

suction lines which 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. 
 21 

C Conduct and record results of monthly monitoring.9 

(d4) Release Detection Recordkeeping

 Section 280.45 requires that owners and operators maintain records which contain 

information about each release detection system in place at an UST system. 

(i) Data Items: 

C 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)); 

C Results of any sampling, testing or monitoring (§280.45(b)); 

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

detection system located permanently on site (§280.45(c)); and 

C Any schedule of required calibration and maintenance provided by the equipment 

manufacturer (§280.45(c)). 

(ii) Respondent Activities: 

C Maintain records for the periods of time as follows: 

-- Performance claims - five years from date of installation, unless 

implementing agency advises otherwise; 

-- 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; 

-- Documentation of all calibrations, maintenance, and repairs - one year 

after servicing was completed, unless implementing agency advises 

otherwise; and 

-- Manufacturer calibration and maintenance schedules - five years from date 

of installation. 

 9

 The burden associated with monthly monitoring is covered in other parts of the ICR under 

sections 280.43 (e) (vapor monitoring), 280.43 (f) (ground water monitoring), 280.43 (g) (interstitial 

monitoring), and 280.43 (h) (other methods). 
 22 

(e) Release Reporting, Investigation, and Confirmation

(e1) Reporting of Suspected Releases

 Section 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: 

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

surrounding area (§280.50(a)); 

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

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

C Monitoring results from a release detection method required under sections 

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, re-calibration, 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: 

C Gather information on the suspected release; and 

C Report the suspected release. 

(e2) Reporting and Cleanup of Spills and Overfills

 Sections 280.53(a) through (b) require owners and operators to immediately contain and 

cleanup a spill or overfill, and to report certain releases. Owners and operators must report to the 

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

implementing agency, in the following cases: 

C Spill or overfill that results in a release to the environment that exceeds 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)); and 

 

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

quantity under CERCLA (40 CFR Part 302) (§280.53(a)(2)). 
 23 

 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 clean up cannot be accomplished within 24 hours, or another reasonable time period 

specified by the implementing agency, owners and operators must immediately notify the 

implementing agency. 

(i) Data Items: 

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

reportable quantity under CERCLA; and 

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

within 24 hours. 

(ii) Respondent Activities: 

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

quantity; and 

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

the reportable quantity. 10

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

Petroleum or Hazardous Substances

(f1) Initial Response

 Upon confirmation of a release in accordance with section 280.52 or another procedure, 

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

another reasonable time 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: 

C Release report. 

 10 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, it is burdened 

under section 280.50. 
 24 

(ii) Respondent Activity: 

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

mail). 

 

(f2) Initial Abatement Measures Report and Site Check

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

reasonable period of time determined by the implementing agency, a report summarizing initial 

abatement steps taken and any resulting information or data in accordance with section 

280.62(a). 

(i) Data Item: 

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

(ii) Respondent Activities: 

C Gather information during initial abatement; and 

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

(f3) Initial Site Characterization

 Section 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 sections 

280.60 and 280.61. Under section 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: 

C Data on the nature and estimated quantity of release (§280.63(a)(1)); 

C 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)); 

C Results of the site check under section 280.62(a)(5) (§280.63(a)(3)); and 

C Results of free product investigations under section 280.62(a)(6) (§280.63(a)(4)). 
 25 

(ii) Respondent Activities: 

C Gather information for the initial site characterization; and 

C Prepare and submit information per implementing agency instructions. 

(f4) Free Product Removal

 Section 280.64 requires owners and operators to remove free product to the maximum 

extent practicable if investigations under section 280.62(a)(6) indicate that removal is warranted. 

Under section 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: 

C Names of people responsible for free product removal measures (§280.64(d)(1)); 

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

(§280.64(d)(2)); 

C Type of recovery system used (§280.64(d)(3)); 

C Location of discharge, if any (§280.64(d)(4)); 

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

(§280.64(d)(5)); 

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

(§280.64(d)(6)); and 

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

(ii) Respondent Activities: 

C Gather information for free product removal report; and 

C Prepare and submit report. 
 26 

(f5) Investigations for Soil and Groundwater Cleanup

 Section 280.65 requires owners and operators to conduct investigations of soil and 

groundwater if any of the following conditions exist: (1) 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) potential effects of soil or groundwater on nearby surface water and 

groundwater resources. Under section 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 

sections 280.65(a)(1) through (4) exist. 

(i) Data Item: 

C Information on soil and groundwater impacts of release. 

(ii) Respondent Activities: 

C Gather information from soil and groundwater cleanup investigations; and 

C Submit collected information. 

(f6) Corrective Action Plan

 Section 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: 

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

soils or ground water; 

C Notification of commencing cleanup prior to obtaining corrective action plan 

approval; and 

C A report on the results of implementing the plan. 
 27 

(ii) Respondent Activities: 

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

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

 

C Report the results of implementing the plan. 

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

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

 Section 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-inservice actions. After notifying, but before completing a closure or change-in-service, the owner 

or operator must complete an excavation zone assessment under section 280.72(a). 

(i) Data Item: 

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

(ii) Respondent Activities: 

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

C Conduct 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 result 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: 

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

(ii) Respondent Activities: 
 28 

C 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; 

or 

C 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 requirements apply to all owners of petroleum 

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

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

financial requirements by the dates specified in section 280.91. 

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

sections 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 sections 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 requirements is presented under 

section 280.110, and the recordkeeping burden is presented under section 280.111.] 

 Financial Test of Self Assurance

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

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

meeting the criteria specified in either section 280.95(b) or 280.95(c). 

(i) Data Items: 

 

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

C A letter signed by the Chief Financial Officer (CFO), worded exactly as in section 

280.95(d) (§280.95(b)(3)); and 

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

statements (§280.95(b)(4)(ii)). 

 The section 280.95(c) criteria require the following data items: 
 29 

C 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)); 

C A letter signed by the CFO, worded exactly as in section 280.95(d) 

(§280.95(c)(4)); and 

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

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

Electrification Administration (§280.95(c)(5)). 

 The implementing agency also may require the following data items to be submitted at 

any time: 

C Reports of financial condition (§280.95(f)); and 

C 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: 

C Obtain and keep on file a signed and dated letter from the CFO; 

C File financial statements annually with the U.S. Securities and Exchange 

Commission, Energy Information Administration, or Rural Electrification 

System; or report annually the tangible net worth to Dun and Bradstreet; and 

C Maintain current financial condition records. 

 

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

conduct the following activities: 

C Have an independent CPA examine financial statement and prepare a report; 

C Obtain and keep on file a signed and dated letter from the CFO; 

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

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

Electrification Administration; and 

C Maintain current financial condition records. 
 30 

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

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

agency; and 

C Notify implementing agency within ten 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 section 280.110 

(reporting) and section 280.111 (recordkeeping).] 

 Guarantee

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

the financial responsibility requirements. 

(i) Data Items: 

C A letter from the CFO of the guarantor, as worded in section 280.95(d) 

(§280.96(a)); 

C A guarantee, as specified in section 280.96(c); and 

C A standby trust agreement worded exactly as in section 280.103(b) (§280.96(d)). 

[The trust agreement is burdened subsequently in this ICR.] 

(ii) Respondent Activities: 

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

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

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

(recordkeeping).] 
 31 

 Insurance and Risk Retention Group Coverage

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

satisfying the financial responsibility requirements. 

(i) Data Item: 

C Insurance or risk retention group coverage policy with endorsement amendment 

(§§280.97(a) through (b)). 

(ii) Respondent Activities: 

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

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

(recordkeeping).] 

 Surety Bond

 Section 280.98 outlines the procedures for obtaining a surety bond as a means of 

satisfying the financial responsibility requirements. 

(i) Data Items: 

C A surety bond worded exactly as in section 280.98(b); and 

C A standby trust agreement worded exactly as in section 280.103(b) (§280.98(d)). 

[The trust agreement is burdened subsequently in this ICR.] 

(ii) Respondent Activities: 

C 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

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

satisfying the financial responsibility requirements. 

(i) Data Items: 
 32 

C An irrevocable standby letter of credit worded exactly as in section 280.99(b); and 

C A standby trust agreement worded exactly as in section 280.103(b) (§280.99(c)). 

[The trust agreement is burdened subsequently in this ICR.] 

(ii) Respondent Activities: 

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

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

(recordkeeping).] 

 Use of State-Required Mechanisms

 Section 280.100 allows UST owners and operators in States without program approval to 

satisfy the requirements of section 280.93 by using a State-required financial mechanism, if 

approved by the EPA Region. The owner or operator, State, or any other party must develop a 

submission. 

(i) Data Items: 

C A written petition requesting that one or more of the State-required mechanisms 

be considered for meeting section 280.93 requirements (§280.100(c)); 

C Copies of State statutory and regulatory requirements and amounts of funds for 

coverage (§280.100(c)); and 

C Additional information, as deemed necessary by the Region (§280.100(c)). 

(ii) Respondent Activities: 

C Prepare and submit the petition package; and 

C Retain a copy of the petition package. 

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

(reporting) and section 280.111 (recordkeeping).] 
 33 

 State Fund or Other State Assurance

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

satisfy the requirements of section 280.93 by using a State fund or other State assurance, if 

approved by the EPA Region. To satisfy the requirements of section 280.93, the owner or 

operator must obtain a letter or certificate from the State. 

(i) Data Item: 

 

C 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: 

C Obtain and keep on file a letter or certificate from the State. 

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

(recordkeeping).] 

 Trust Fund

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

financial responsibility requirements. 

(i) Data Items: 

C A trust agreement worded exactly as in section 280.103(b)(1), accompanied by 

formal certification of acknowledgment as specified in section 280.103(b)(2) 

(§280.102(b)); and 

C 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: 

C Prepare and keep on file the trust agreement and formal certification of 

acknowledgment; and 

C Prepare and submit written request for release of excess funds, if applicable. 
 34 

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

(reporting) and section 280.111 (recordkeeping).] 

 Standby Trust Fund

 Section 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 sections 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: 

C A trust agreement worded exactly as in section 280.103(b)(1) accompanied by 

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

(ii) Respondent Activities: 

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

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

(recordkeeping).] 

 Local Government Bond Rating Test

 Section 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 section 280.93 by having 

outstanding issues of bonds of $1 million dollars or more. 

(i) Data Items: 

C 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)); 

C A letter from the CFO exactly as stated in section 280.104(d) for a general 

purpose local government owner or operator and/or guarantor, or as stated in 

section 280.104(e) for a non-general purpose local government owner or operator 

and/or guarantor; and 

 

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

(ii) Respondent Activities: 

C Maintain current copy of bond ratings; 
 35 

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

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

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

(reporting) and section 280.111 (recordkeeping).] 

 Local Government Financial Test

 Section 280.105 states that a local government UST owner or operator may satisfy the 

requirements of section 280.93 by passing a financial test. 

(i) Data Items: 

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

following (§280.105(b)(1)): 

-- Total revenues; 

-- Total expenditures; 

-- Local revenues; 

-- Debt service; 

-- Total funds; and 

-- Population served by the local government. 

C Letter from CFO exactly as stated in section 280.105(c) (§280.105(b)(3)); 

C Current records of financial condition (§280.105(e)); and 

C Notice within ten days of failure to obtain alternate assurance, if the owner or 

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

(ii) Respondent Activities: 

C Maintain a copy of the financial statements for the last completed fiscal year; 

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

C If requested, prepare and submit records of current financial conditions; 

C Notify implementing agency within ten days if owner or operator fails to obtain 

alternative financial assurance within 150 days of discovering, or within 30 days 
 36 

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 section 280.110 

(reporting) and section 280.111 (recordkeeping).] 

 Local Government Guarantee

 A local government owner or operator may satisfy the requirements of section 280.93 by 

obtaining a guarantee as specified in section 280.106. The guarantor must be the State in which 

the local government owner or operator is located or a local government having a “substantial 

governmental relationship” with the owner of operator. 

(i) Data Items: 

C A demonstration of meeting the bond rating test of section 280.104 and a copy of 

the CFO letter in section 280.104(c) (§280.106(a)(1)); or 

C A demonstration of meeting the worksheet test requirements of section 280.105 

and a copy of the CFO letter in section 280.105(c) (§280.106(a)(2)); or 

C A demonstration of meeting the local government fund requirements of section 

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

280.107 (§280.106(a)(3)); 

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

(§280.106(b)); and 

C Guarantee worded exactly as stated in section 280.106(d) or (e), depending on 

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

(ii) Respondent Activities: 

C Prepare and keep on file a demonstration meeting the requirements of section 

280.104, 280.105, or 280.107(a) through (c) and a signed letter from the CFO; 

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

requirements; and 

C Obtain and keep on file a guarantee agreement. 

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

(reporting) and section 280.111 (recordkeeping).] 
 37 

 Local Government Fund

 Section 280.107 states that a local government owner or operator may satisfy the 

requirements of section 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: 

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

exactly as stated in section 280.107(d); 

C 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)); 

C 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 

C 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: 

C Obtain and keep on file a signed letter(s) from the CFO and/or the guarantor; 

C Maintain a copy of the statute or other mandate dedicating the fund; 

C Maintain all year-end financial statements; and 

C 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 section 280.111 

(recordkeeping).] 
 38 

 Substitution of Financial Assurance Mechanisms by the Owner or Operator

 Section 280.108(b) states that an owner or operator may cancel a financial assurance 

mechanism after obtaining alternate financial assurance. 

(i) Data Item: 

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

(ii) Respondent Activities: 

C 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 section 280.110 

(reporting) and section 280.111 (recordkeeping).] 

(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 outlined in section 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: 

C Notice of termination to UST owner or operator (§280.109(a)); 

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

-- Name and address of the provider of financial assurance (§280.109(b)(1)); 

-- Effective date of the termination (§280.109(b)(2)); and 

-- Evidence of the financial assurance mechanism subject to termination 

(§280.109(b)(3)). 

(ii) Respondent Activities: 

C Prepare and submit a notice of termination; 

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

alternate coverage within 60 days of receiving a notice of termination. 
 39 

(h3) Reporting

 Section 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: 

C Report of the appropriate forms listed in section 280.111(b). 

(ii) Respondent Activities: 

C Gather and submit forms listed in section 280.111(b) to the implementing agency 

documenting current evidence of financial responsibility. 

(h4) Recordkeeping

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

certification of financial responsibility, as worded in section 280.111(b)(11)(i). 

(i) Data Item: 

C Record of updated certification of financial responsibility. 

(ii) Respondent Activities: 

C Prepare and keep on file a certification of financial responsibility; and 

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

[NOTE: This is the only recordkeeping requirement under section 280.111 that is not covered 

elsewhere in this ICR Supporting Statement. All other recordkeeping requirements under section 

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

 Section 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 ten days after commencement of 

bankruptcy proceedings: 
 40 

(i) Data Items: 

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

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

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

C 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 section 280.96 (§280.114(b)); 

C 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)); 

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)); and 

C For owners and operators who are 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: 

C Prepare and submit a notification within ten days of commencement of 

bankruptcy procedures; and 

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

financial assurance within 30 days. 

(2) State Program Approval Procedures

 Regulations at 40 CFR Part 281 contain State program approval procedures for States 

that wish 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: 

C Components of a Program Application (Subpart B); 

C Adequate Enforcement of Compliance (Subpart D); 

C Approval Procedures (Subpart E); and 
 41 

C Withdrawal of Approval of State Programs (Subpart F). 

(a) Components of a Program Application

(a1) Transmittal Letter

 Section 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: 

C Transmittal letter from the Governor of the State requesting program approval 

(§281.20(a)). 

(ii) Respondent Activities: 

 

C Obtain a transmittal letter from the Governor’s office; and 

C Submit the letter to the implementing agency. 

(a2) Description of State Program

 Sections 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. 

(i) Data Items: 

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

-- Regulation is for UST systems containing petroleum or hazardous 

substances, or both; 

-- The program is more stringent or broader in scope than the Federal 

program, and in what ways; and 

-- The State has jurisdiction over Indian lands or agreements with Indian 

tribes. 

C Organization and structure of State and local agencies responsible for 

administering the program (§281.21(b)); 
 42 

C State staff resources for execution of the program (§281.21(c)); and 

C Existing State funding mechanisms to meet the cost of administering the program 

(§281.21(d)). 

(ii) Respondent Activities: 

 

C Prepare and submit the description of the program. 

(a3) Procedures for Adequate Enforcement

 Section 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: 

C Description of compliance monitoring and enforcement policies and procedures, 

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

(ii) Respondent Activities: 

C Gather and submit information on compliance monitoring and enforcement 

procedures. 

(a4) Memorandum of Agreement

 Section 281.24 states that any State seeking to administer its own UST program must 

negotiate with EPA areas of coordinated effort and responsibilities. 

(i) Data Item: 

C A Memorandum of Agreement concerning roles and responsibilities of EPA and 

the State (§§281.24 and 281.20(e)). 

(ii) Respondent Activities: 

C Negotiate an MOA with EPA; and 

C Prepare and submit the MOA with the program application. 
 43 

(a5) Attorney General's Statement

 Section 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: 

C 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: 

C Draft and submit the statement from the Attorney General. 

(a6) Copies of Statutes and Regulations

 Section 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 Items: 

C Copies of all applicable State statutes and regulations (§281.20(g)). 

(ii) Respondent Activities: 

 

C Research and gather statutes and regulations; and 

C Submit copies as a part of the application. 

(b) Adequate Enforcement and Compliance 

 Section 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)). 

(i) Data Item: 
 44 

C Information on program administration, including data on enforcement and 

compliance under section 281.40. 

(ii) Respondent Activities: 

C Maintain files and current information on program administration; and 

C Submit information to EPA, if requested. 

(c) Approval Procedures

 Section 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 Items: 

C Notification soliciting public comment on development of underground storage 

tank program. 

(ii) Respondent Activities: 

C Issue notification; and 

C Receive and review public comments. 

Sections 281.52(a) through (b) specifies program revision requirements which may be 

initiated by either the EPA or the approved State. 

(i) Data Items: 

C Notification of changes in the State program that may require a revision of the 

approved program; and 

C A revised application, if requested by EPA. 

(ii) Respondent Activities: 

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

responsibilities; and 

C Prepare and submit revised application, if instructed by EPA. 

 
 45 

(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: 

C A notice of the transfer to be given to EPA; and 

C A plan for orderly information transfers from the State to EPA of all program 

information. 

(ii) Respondent Activities: 

C Gather information; 

C Prepare and submit transfer notification; and 

C Develop and submit a plan for information transfer between the State and EPA at 

least 90 days before the transfer occurs. 

5. THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

 The following 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 ensure that the information collections are not overly burdensome on 

small entities. 

5(a) Agency Activities

(1) Technical and Financial Requirements

 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 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 ground water information; corrective action plans 

and implementation reports; and applicable financial assurance information. Much of the 
 46 

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. The implementing agency also is responsible for 

conducting public involvement activities, such as notifying the public of a release or failure to 

sufficiently remediate a release. 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 section 

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 EPA is planning to take enforcement action 

against violators of the UST regulations. 

5(b) Collection Methodology and Management

 In collecting and analyzing the information associated with this ICR, EPA uses electronic 

equipment such as personal computers and database and modeling software, as applicable. EPA 

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. 

5(d) Collection Schedule

(1) Technical and Financial Requirements

 EPA or the implementing agency collects information on a one-time, on-going, or special 

circumstance basis. EPA or the implementing agency collects various types of data according to 

the following schedules: 

C One-time collections: Notification forms, certificates of compliance with 

corrosion protection and system installation, alternative technology information 

and demonstrations, excavation zone assessments, closure records or change-inservice forms. 
 47 

C Special circumstance collections: Release reporting and response information, 

including site information and characterization, chemical property, and health 

information, abatement reports, free product removal reports, soil and ground 

water 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: 

C One-time collections: Complete program application and associated information 

and revised application. 

C Special circumstance collections: Withdrawal of approval of State program 

information, transfer of program information, and plans for the transfer of 

program responsibilities. 

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a) Estimating Respondent Hours 

 EPA estimates the respondent hourly burden for all the information collection 

requirements covered in this ICR in Exhibits 1 and 2. Exhibit 1 covers information collections 

related to UST technical and financial requirements. Exhibit 2 covers information collections 

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. 

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). 
 48 

 Labor Costs 

 Table 1 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. 

Table 1 

Average Hourly Respondent Labor Cost, by Labor Category

Respondent Legal Managerial Technical Clerical

Facilities $92 $87 $75 $38 

Contractors Not Applicable $104 $89 $45 

States $47 $47 $47 $26

 To obtain hourly labor costs (other than legal labor costs) for facilities, EPA referred to 

private industry employer costs provided by the Bureau of Labor Statistics (BLS).12 To obtain 

hourly legal labor costs, EPA referred to national occupational employment and wage estimates 

for May 2006 and then adjusted this rate for 2007 using the 2007 Employment Cost Index.13,14 

EPA followed the same procedure to obtain hourly labor costs for contractors.15 EPA then 

factored in overhead costs for facilities and contractors, which it assumed to be an additional 67 

 

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). 

12 U.S. Department of Labor. Bureau of Labor Statistics (BLS). Employer costs per hour worked 

for employee compensation and costs as a percent of total compensation: Private industry workers, by 

occupational group and full-time and part-time status (March 2007); available from 

<http://www.bls.gov/news.release/ecec.t11.htm>; accessed 15 August 2007. 

13 BLS. Occupational employment and wages – 23-1011 Lawyers [see “National estimates for 

this occupation”, “mean hourly wage”] (May 2006); available from 

<http://www.bls.gov/oes/current/oes_nat.htm>; accessed 15 August 2007. 

14 The 2007 Employment Cost Index (ECI) is 1.1 percent (wages and salaries for private 

industry). BLS. News release: Employment Cost Index (March 2007) [see Table A]; available from 

<http://www.bls.gov/news.release/archives/eci_04272007.pdf>. 

15 Contractor costs for legal staff were not estimated; no legal work is expected to be performed 

by contractors. 
 49 

percent and 100 percent, respectively, of the total wage rate.16 EPA obtained overhead loading 

rates from the EPA report Estimating Costs for the Economic Benefits of RCRA 

Noncompliance.

17 

 To obtain hourly labor costs for States (other than legal labor costs), EPA relied on BLS 

data on state and local government workers.18 Hourly labor costs for State legal staff are not 

provided by BLS. Based upon a recommendation from the State of Indiana, EPA used the 

technical rate for state legal staff. Additional overhead loading for States was not factored into 

the hourly labor costs; no standard overhead factor for States was identified through research or 

EPA’s State consultations. (See Section 3(c) of this ICR for a list of facilities, contractors and 

State agencies contacted by EPA.) 

Capital Costs

 Capital costs usually include any produced physical good needed to provide the needed 

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, and are further described in 

Section 6(d). 

Operation & Maintenance 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: 

C Mailing costs: EPA estimates that respondents will incur a cost of $0.43 to mail a 

one-ounce package (i.e., $0.41 for postage and $0.02 for standard size envelope). 

EPA also estimates that respondents will incur a cost of $4.20 for mailing a larger 

package (i.e., five-ounce package) by certified mail (i.e., $1.48 for postage, $2.65 

for the certified-mail fee, and $0.07 for a manila envelope). 

 16 The total wage rate is composed of direct wages and salaries and employee benefits, as 

reported by BLS. 

17 EPA. Estimating Costs for the Economic Benefits of RCRA Noncompliance [see section 1.2.1] 

(1997); available from <http://www.epa.gov/epaoswer/hazwaste/gener/f006/s0004.pdf>; accessed 15 

August 2007. 

18 BLS. News release: Employer costs for employee compensation [see Table 4] (March 2007); 

available from <http://www.bls.gov/news.release/pdf/ecec.pdf>; accessed 15 August 2007. 
 50 

C Photocopying costs: EPA estimates that respondents will incur a cost of $0.10 for 

each photocopy they make. 

C Purchase of contractor or laboratory services: EPA believes that owners and 

operators of USTs will incur O&M costs on contractor and laboratory services. 

These O&M costs are further described in Section 6(d) for all applicable 

respondent activities. O&M costs do not include contractors who bill by the hour. 

These O&M costs are shown in Exhibits 1 and 2. 

6(c) Estimating Agency Hour and Cost Burden

 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 $81.13 for legal staff (GS-15, Step 5), $51.50 for 

managerial staff (GS-13, Step 1), $36.13 for technical staff (GS-11, Step 1), and $21.97 for 

clerical staff (GS-6, Step 1). To derive these hourly estimates, EPA referred to the U.S. Office of 

Personnel Management 2007 General Schedule (GS) Salary Table.19 This publication 

summarizes the unloaded (base) hourly rate for various labor categories in the Federal 

Government. EPA then applied the standard government overhead factor of 1.6 to the unloaded 

rate to derive these loaded hourly rates. 

6(d) Estimating the Respondent Universe and Total Hour and Cost Burden 

(1) Respondent Universe

(a) Technical and Financial Requirements

 Table 2 presents the estimated UST universe over the three years covered by this ICR. 

As shown in the table, there will be an average of 620,667 existing USTs in operation over the 

period covered by this ICR. EPA also estimates that, each year, owners and operators will close 

an average of 16,500 USTs and install an average of 8,500 new USTs. EPA estimates that a 

portion 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. 

 19 U.S. Office of Personnel Management. Salary Table 2007 – GS (January 2007); available 

from: <http://www.opm.gov/oca/07tables/html/gs.asp>; accessed 15 July 2007. 
 51 

Table 2 

Estimated UST Universe

Year 2008 Year 2009 Year 2010 Average

Underground Storage Tanks

Existing USTs 628,000 620,000 614,000 620,667 

New USTs installed 8,500 8,500 8,500 8,500 

USTs closed 18,500 16,500 14,500 16,500 

Facilities with Underground Storage Tanks a

Existing facilities 237,000 234,000 232,000 234,333 

New facilities 3,200 3,200 3,200 3,200

a

 Number of facilities estimated based on the assumption that, on average, there are 2.65 USTs per facility. 

(b) State Program Approval Procedures

 Table 3 presents the estimated number of States expected to seek and obtain EPA 

program approval during the three-year period covered by this ICR. It shows that EPA expects 

one State, on average, to seek program approval each year. 

Table 3 

Annual Number of States Expected to Receive 

EPA Program Approval During the Period Covered by the ICR

Number of State Program 

Approvals per Year

Year 

2008

Year 

2009

Year 

2010

Average Annual Number of 

State Program Approvals 

During 2008 to 2010

State Program Approvals 1 1 0 1

(2) Total Hour and Cost Burden

(a) Technical and Financial Requirements

 40 CFR Part 280 subjects owners and operators of USTs to technical and financial 

requirements. Information collecting, reporting, and recordkeeping may be required on a onetime, on-going, or special circumstance basis. The remainder of this subsection describes how 

EPA arrived at each of the respondent estimates contained in Exhibit 1. 
 52 

(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 constructed 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

 Newly regulated facilities will read the design, construction, installation, and notification 

regulations. Thus, each year an average of 3,200 facilities will perform this activity (see Table 

2). 

 EPA expects all owners and operators to equip UST systems with corrosion protection if 

these systems are constructed of steel. Therefore, EPA expects that no owners or operators will 

have a corrosion expert assess their sites or will have to maintain records. 

 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 

individual UST system. EPA estimates that, on average, 75 percent of new USTs are installed at 

completely new or completely replaced facilities (i.e., 0.75 x (8,500/2.65)) and 25 percent of new 

USTs are installed as a single UST at a facility (0.25 x 8,500). Thus, EPA expects that an 

average of 4,531 notifications will be submitted each year (see Table 2). 

 EPA estimates that approximately five percent of existing tanks (i.e., 0.05 x 620,667 = 

31,033) 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 within 10 

years after lining and every five years thereafter.20 All tanks should have been upgraded by 

December 22, 1998 and their required one-lining inspection should be completed within ten 

years of installation. Thus, EPA estimates that, on average, 6,207 tanks (31,033/5 = 6,207) will 

undergo the required five-year inspection each year during the period covered by this ICR. 

Owners and operators of lined tanks also are expected to maintain inspection records for all tanks 

that have an internal lining to meet corrosion protection requirements.21

 20 This ICR does not burden the required ten-year inspection after installation due to lack of 

sufficient data. However, because the calculation procedure used to estimate burden for conducting the 

required five-year inspection does not exactly correspond with the actual five-year inspection cycle for 

most USTs (i.e., USTs that underwent the required ten-year inspection in 2006 would not need to obtain 

their first five-year inspection until 2011), this results in a slight overestimate of total burden for design, 

construction, installation, and notification activities for UST systems. 

21 Although section 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 burdened respondents with 

this activity in this ICR. In addition, EPA notes that the Agency may use these inspection records for 

enforcement purposes.
 53 

 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 $1,410, which 

includes a $1,305 contractor fee for conducting the inspection and $105 to cover the cost of the 

tank being out-of-service for one day (i.e., lost profit). 

 EPA estimates that five percent of USTs (i.e., 620,667 x 0.05 = 31,033 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

 Newly regulated facilities (3,200 annually) will read the regulations on general operating 

requirements. 

 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, each year, approximately 45 percent of existing and new USTs (i.e., 0.45 x 

(620,667 + 8,500) = 283,125) will be protected by cathodic systems.22 Thus, EPA estimates that, 

on average, 94,375 tanks (i.e., 283,125/3 = 94,375) will undergo the required three-year 

inspection each year during the three-year period covered by this ICR. EPA further estimates 

that, on average, three percent of new and existing USTs with cathodically protected systems 

(i.e., 283,125 x 0.03 = 8,494) will have their cathodic protection system tested within six months 

of repair. Together EPA estimates that, on average, 102,869 new and existing USTs (i.e., 94,375 

+ 8,494 = 102,869) will be inspected each year during the three-year period covered by this 

ICR.23

 EPA estimates that of the 283,125 USTs with cathodic protection, 70 percent (198,188 

USTs) will be protected by sacrificial anode cathodic systems and 30 percent (84,938 USTs) will 

be 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 

there is one impressed current system per site that needs to be inspected. Therefore, EPA 

estimates that 192,312 activities (i.e., (84,938 USTs/2.65 USTs per facility) x 6 = 192,312) will 

be conducted each year. 

 Facilities will have to maintain records of all cathodic protection system tests conducted 

for each UST with cathodic protection over the three-year period covered in this ICR (i.e., 

 

22 Based on EPA’s best professional judgment. 

23 This ICR does not burden 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. 
 54 

102,869 USTs).24 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) x 192,312 = 96,156).25 Thus, facilities will have to maintain a 

total of 199,025 records (i.e., 102,869 + 96,156 = 199,025) associated with the inspection of 

cathodic protection systems. 

 EPA expects facilities to incur O&M costs through the use of certified contractors paid 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 three percent of USTs will be repaired each year, for a total of 

18,875 annual repairs (i.e., 0.03 x (620,667 + 8,500) = 18,875). Approximately 20 percent of 

repaired USTs will also have tightness test conducted (i.e., 0.2 x 18,875=3,775). EPA believes 

that tank owners and operators will incur additional O&M costs for tank and line inspections 

associated with tightness testing. The O&M cost for tightness testing is $505, which includes a 

$400 contractor fee for performing the test and $105 to cover the cost of the tank being out-ofservice for one day (i.e., lost profit). 

[NOTE: Sections 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 burdens these reporting and recordkeeping 

activities in each of the respective sections.] 

(a4) Release Detection

 Owners and operators must have a compliant leak detection system installed at each UST. 

Section 280.43 describes acceptable methods and required maintenance activities. Owners and 

operators must record the results of tests or measurements at prescribed intervals. Table 4 

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 3,200 owners and operators of new UST facilities are expected to read the release 

detection regulations.26 

 

24 Under section 280.31(b), facilities are required to maintain records of the last two inspections 

of the cathodic protection system, which are conducted every three years. This ICR assumes that one of 

these two inspections will be conducted by facilities during the three-year period covered in this ICR. 

The ICR further assumes that the other inspection was already conducted, and that the results are already 

being maintained by the facilities. 

25 A single facility usually only has one rectifier, which requires checking every 60 days.

26 EPA expects that owners and operators of existing UST facilities have already read the release 

detection regulations (40 CFR Part 280, Subpart D).
 55 

 Since the methodologies set forth under inventory control, manual tank gauging, and 

automatic tank gauging (§§280.43(a) through (c)) describe activities that UST operators perform 

as standard business practices, they are not burdened in this ICR. The Agency expects that all of 

the facilities using inventory control and facilities using manual tank gauging with tank tightness 

testing will perform the tank tightness test every five years.27 Thus, EPA expects that, each year, 

facilities will perform tank tightness testing on 31,458 USTs with an inventory control system 

(i.e., 157, 292/5 = 31,458) and 11,325 USTs with a manual tank gauging with tank tightness 

testing system (i.e., 56,625/5 = 11,325). EPA estimates that facilities will incur contractorrelated O&M costs of $505 for the cost of performing each tank tightness test. This O&M cost 

includes a $400 contractor fee for performing the test and $105 to cover the cost of the tank 

being out-of-service for one day (i.e., lost profit). 

 Those 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.28 The 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.

29 The cost of a groundwater monitoring system is estimated at $469 per facility.30 The 

cost of an interstitial monitoring system (control box with sensors), including installation costs, 

is approximately $384 per tank.

31 Maintenance of the monitoring sensors is not considered a 

significant cost because maintenance of the sensors is inexpensive. 

 

 EPA estimates that 90 percent of facilities use pressurized piping delivery systems. These 

facilities are expected to use line leak detectors to detect catastrophic releases from piping. 

Thus, facilities are expected to conduct an annual line leak detector test for operability on 

566,250 tanks (i.e., 0.90 x (620,667 + 8,500) = 566,250). The cost of purchasing line leak 

detectors is not burdened in this ICR, since the use of these devices is considered a standard 

business practice. EPA estimates that 40 percent of facilities use line tightness testing to detect 

releases from piping.32 These facilities are expected to conduct an annual line tightness test on 

251,667 tanks (i.e., 0.40 x (620,667 + 8,500) = 251,667). 

 

27 EPA expects that all tanks will be tested every five years because the 1998 deadline required 

the shutdown of all tanks for which annual testing is required. 

28 Capital costs were annualized over 20 years (i.e., the expected life of equipment) using OMB’s 

approved discount rate of seven percent (OMB Circular A-94).

29 Prior to discounting, purchase price is estimated at $7,770.

30 Prior to discounting, purchase price is estimated at $4,970.

31 Prior to discounting, purchase price is estimated at $4,069. 

32 Refer to footnote eight on page 20 for related information. 
 56 

 EPA expects that each year, an average of 237,533 UST facilities (i.e., 234,333 existing 

facilities + 3,200 new facilities = 237,533 facilities) will maintain records of their test and 

measurement results, regardless of the release detection method used. 

(a5) Release Reporting, Investigation, and Confirmation

 EPA estimates that each year, all 3,200 new UST owners and operators will read the 

regulations. EPA also estimates that each year, 12,500 owners and operators will suspect that a 

release has occurred from one of their USTs.33 These owners and operators will gather 

information and submit a report on the suspected release. EPA estimates that 60 percent of these 

owners or operators (i.e., 0.60 x 12,500 = 7,500) will determine that a release has indeed 

occurred.

 

 When characterizing a suspected leak, EPA believes that facilities will incur contractorrelated O&M costs 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 estimates that each year, all 3,200 new UST owners and operators will read the 

regulations on release response. All 7,500 facilities confirming a release must report information 

on the release. These facilities 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 borings and laboratory 

analyses. 

 EPA estimates that initial investigations at 20 percent of these facilities (i.e., 0.20 x 7,500 

= 1,500 facilities) will determine the presence of free product. These facilities must prepare and 

submit a free product removal report, thereby incurring contractor-related O&M costs. 

 EPA also estimates that initial investigations at 75 percent of facilities with confirmed 

releases (i.e., 0.75 x 7,500 = 5,625 facilities) will demonstrate that soil and groundwater 

investigations are warranted. These facilities are expected to gather information and prepare and 

submit a report. 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 facilities with confirmed releases 

(i.e., 0.60 x 7,500 = 4,500 facilities) will demonstrate that corrective action is warranted. These 

facilities must prepare and submit a corrective action plan and report on the results of corrective 

 

33 These data are based on historical tank release records maintained by EPA.
 57 

Table 4 

Leak Detection Systems Installed at USTs

UST Leak Detection 

System 

Estimated 

Percent of USTs 

Using System a, b

Estimated 

Number of USTs 

Using System c

Associated Information Collection 

Requirement(s) and Collection Frequencies

Inventory control and 

tightness testing 25d

 157,292 

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 

9 56,625 

Record two consecutive weekly tank liquid level 

measurements, taken at the beginning and end of a 

minimum time period (standard business practice; 

there is no incremental labor burden) 

Manual tank gauging 

only (i.e., without 

tank tightness 

testing) 

5 31,458 

Record two consecutive weekly tank liquid level 

measurements, taken at the beginning and end of a 

minimum time period (standard business practice; 

there is no incremental labor burden) 

Automatic tank 

gauging 66 415,250 

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 4 25,167 Record results of monthly vapor monitoring [9,497 

facilities (25.167 USTs/2.65 USTs per facility)] 

Groundwater 

monitoring 4 25,167 

Record results of monthly groundwater monitoring 

[9,497 facilities (25,167 USTs/2.65 USTs per 

facility)] 

Interstitial 

monitoring 35d

 220,208 Record results of monthly interstitial monitoring 

Other method (e.g. 

statistical inventory 

reconciliation) 

20 125,833 

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 

(LLDs)e 90d

 566,250 

Conduct annual test of the operation of the automatic 

line leak detection test and record results (i.e., 0.9 x 

(620,667 existing USTs + 8,500 new USTs)) 

Line Tightness 

Testing (LTT) 40d

 251,617 

Conduct annual line tightness test and record results 

(i.e., 0.40 x (620,667 existing USTs + 8,500 new 

USTs)) a

 Based on results of a 2003 Petroleum Equipment Institute (PEI) survey, unless otherwise noted. b

 Total will add up to more than 100%, since multiple release detection systems can be used in the same UST system. 

c

 Numbers include rounding error. 

d

 Based on EPA’s best professional judgment. 
 58 

action implementation. EPA estimates that 10 percent of these facilities (i.e., 0.10 x 4,500 = 450 

facilities) 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 contractorrelated 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 each year, 6,226 owners and operators of all closing facilities (i.e., 

16,500 / 2.65 USTs per facility = 6,226) will read the out-of-service UST systems and closure 

regulations. 

 EPA estimates that owners and operators will close 16,500 USTs each year (see Table 2). 

Owners of these 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 4,125 USTs (i.e., 0.25 x 16,500 = 

4,125) to the implementing agency each year. 

(a8) Financial Responsibility34

 EPA estimates that each year, all 8,500 new UST owners and operators will read the 

financial responsibility regulations. 

 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.35 According to recent 

EPA data, approximately 70 percent of UST facilities (i.e., 0.70 x 237,533 = 166,273facilities) 

demonstrate financial responsibility through a State fund or other State assurance, with the 

remaining 30 percent of owners and operators (i.e., 0.30 x 237,533 = 71,259 facilities) using one 

or more of the other mechanisms described in 40 CFR Part 280, Subpart H. All 237,533 

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 

 34 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. 

35 While EPA has burdened the requirement to obtain financial assurance annually, it is expected 

that all existing UST owners and operators have already read the financial responsibility regulations. 

Therefore, this ICR burdens only owners and operators of the 3,200 new UST facilities each year. 
 59 

under section 280.110 (reporting) and section 280.111 (recordkeeping).] 

In addition to maintaining financial responsibility records, an estimated 7,500 facilities 

will submit their records to EPA or the implementing agency under section 289.110(b) as a result 

of a release. EPA also expects five percent of the overall universe of facilities (i.e., 0.05 x 

237,533 = 11,877 facilities) to update the 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 

two percent of UST facilities (i.e., 0.02 x 237,533 = 4,751 facilities) each year. EPA also 

estimates that ten percent of those owners or operators experiencing a cancellation or nonrenewal (i.e., 0.10 x 4,751 = 475 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 one percent of UST facilities (i.e., 0.01 x 

237,533 = 2,375 facilities) will experience a disruption in financial coverage due to the 

bankruptcy of their financial provider. EPA estimates that ten percent of those owners or 

operators experiencing such a disruption (i.e., 0.10 x 2,375 = 238 facilities) will be unable to 

obtain alternative financial coverage within 60 days and will notify the implementing agency of 

such failure. 

(2) 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 approximately two States and territories will apply for State program 

approval over the next three years. 

 The two States applying for State program approval between 2008 and 2010 must submit 

an application to EPA for review under section 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. Additionally, as there are currently 38 approved programs36, an average of 40 

programs (i.e., (39 + 40 + 40)/3), assuming that two programs receive program approval between 

2008-2010 will maintain files on program administration. Finally, EPA estimates that one State 

per year will be asked to submit this information. 

 Because of the Energy Policy Act of 2005, EPA expects that several states will be 

submitting revised State program applications over the next three years. EPA estimates that 

 36 As of April 2007, 36 States and the District of Columbia and the Commonwealth of Puerto 

Rico have approved programs. 
 60 

three revised applications will be submitted in 2008, five in 2009, and eight in 2010. EPA does 

not expect any States to withdraw or transfer portions of their programs. 

 Respondent burden hours and costs for the activities burdened under this ICR are shown 

in Exhibits 1 and 2 on the following pages. The burden and cost for Agency activities are shown 

in Exhibits 3 and 4. 
 

EXHIBIT 1ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENTECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity 

Number

Capital/ of

Respon. Labor Startup O&M Respon. 

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or 

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. PROGRAM SCOPE AND INTERIM PROHIBITIONReading the RegulationsRead the regulations 0.25 0.25 0.25 0.25 1.00 $72.89 $0.00 $0.00 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 $2,579.28 $0.00 $417.00 0 Maintain records 0.00 0.00 0.00 0.10 0.10 $3.76 $0.00 $0.10 0 Subtotal varies varies varies varies varies varies varies varies varies Reading the RegulationsRead the regulations 0.25 0.25 0.50 0.00 1.00 $82.17 $0.00 $0.00 3,200 Performance Standards for New UST Systems - Tanks and Piping Without Corrosion Protection (280.20(a)(b))Have a corrosion expert inspect the site 0.00 6.00 22.00 11.00 39.00 $2,579.28 $0.00 $417.00 0 Maintain records 0.00 0.00 0.00 0.10 0.10 $3.76 $0.00 $0.10 0 Certification of Installation (280.20(e))Obtain and provide a certification of compliance of proper installation on the notification form 0.00 0.50 1.00 0.50 2.00 $137.01 $0.00 $0.00 4,531 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 $448.29 $0.00 $1,410.00 6,207 Maintain records 0.00 0.00 0.00 0.10 0.10 $3.76 $0.00 $0.10 31,033 Notification Requirements (280.22)Prepare and submit forms within 30 days of bringing an UST system into use 0.00 0.00 0.50 0.00 0.50 $37.36 $0.00 $0.43 8,500 Notify purchaser of an UST of owner's notification obligations 0.25 0.25 0.50 0.25 1.25 $91.57 $0.00 $0.43 31,033 Subtotal varies varies varies varies varies varies varies varies varies UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, AND NOTIFICATION
 

EXHIBIT 1 (continued)ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENTECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity 

Number

Capital/ of

Respon. Labor Startup O&M Respon. 

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or 

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. GENERAL OPERATING REQUIREMENTSReading the RegulationsRead the regulations 0.25 0.25 0.50 0.00 1.00 $82.17 $0.00 $0.00 3,200 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 $19.90 $0.00 $255.00 102,869 Conduct inspection for impressed current cathodic protection systems every 60 days 0.00 0.10 0.15 0.00 0.25 $19.90 $0.00 $0.00 192,312 Maintain records 0.00 0.00 0.00 0.10 0.10 $3.76 $0.00 $0.10 199,025 Maintenance of Repair Records (280.33)Gather information on each repair 0.00 0.00 1.00 0.00 1.00 $74.72 $0.00 $0.00 18,875 Conduct tightness testing 30 days after repair 0.00 0.25 0.15 0.25 0.65 $42.35 $0.00 $505.00 3,775 Maintain records 0.00 0.00 0.00 0.10 0.10 $3.76 $0.00 $0.10 18,875 Subtotal varies varies varies varies varies varies varies varies varies RELEASE DETECTIONReading the RegulationsRead the regulations 0.50 0.50 1.00 0.00 2.00 $164.34 $0.00 $0.00 3,200 Release Detection for Tanks (280.43)Inventory ControlRecord delivery, dispensing and inventory measurements on a daily basis 0.00 0.00 0.25 0.00 0.25 $18.68 $0.00 $0.00 0 Record monthly water level measurements, reconcile measurements monthly 0.00 0.00 0.00 0.50 0.50 $18.80 $0.00 $0.00 0 Perform tank tightness testing 0.00 0.25 0.15 0.25 0.65 $42.35 $0.00 $505.00 31,458 

Record monthly water level measurements, reconcile measurements monthly 0.00 0.00 0.00 0.50 0.50 $18.80 $0.00 $0.00 0 Record weekly tank liquid level measurements 0.00 0.00 0.00 0.05 0.05 $1.88 $0.00 $0.00 0 Perform tank tightness testing 0.00 0.25 0.15 0.25 0.65 $42.35 $0.00 $505.00 11,325 Manual Tank Gauging with Tank Tightness Testing
 

EXHIBIT 1 (continued)ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENTECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity 

Number

Capital/ of

Respon. Labor Startup O&M Respon. 

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or 

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Record monthly water level measurements, reconcile measurements monthly 0.00 0.00 0.00 0.50 0.50 $18.80 $0.00 $0.00 0 Record weekly tank liquid level measurements 0.00 0.00 0.00 0.05 0.05 $1.88 $0.00 $0.00 0 Record results of monthly automatic product level monitoring 0.00 0.00 0.05 0.00 0.05 $3.74 $0.00 $0.00 0 Record daily inventory volume measurements 0.00 0.00 0.02 0.00 0.02 $1.49 $0.00 $0.00 0 Record results of monthly vapor monitoring 0.00 0.00 1.67 0.00 1.67 $124.78 $733.00 $0.00 9,497 Record results of monthly groundwater monitoring 0.00 0.00 1.67 0.00 1.67 $124.78 $469.00 $0.00 9,497 Record results of monthly interstitial monitoring 0.00 0.00 0.60 0.00 0.60 $44.83 $384.00 $0.00 220,208 Prepare and submit a demonstration of theeffectiveness of an alternative technology 0.00 2.00 8.00 1.00 11.00 $809.28 $0.00 $4.20 0 Release Detection for Piping (280.44)Conduct annual test of the operation of the automatic line leak detector in accordance withthe manufacturer's requirements 0.00 0.00 0.25 0.00 0.25 $18.68 $0.00 $0.00 566,250 Record results of annual line leak detection test 0.00 0.00 0.05 0.00 0.05 $3.74 $0.00 $0.00 566,250 Conduct annual line tightness test 0.00 0.00 1.50 0.00 1.50 $112.07 $0.00 $0.00 251,667 Record results of annual line tightness test 0.00 0.00 0.02 0.00 0.02 $1.49 $0.00 $0.00 251,667 Release Detection Recordkeeping (280.45)Maintain records for specified time periods 0.00 0.00 0.00 1.00 1.00 $37.61 $0.00 $0.00 237,533 Subtotal varies varies varies varies varies varies varies varies varies RELEASE REPORTING, INVESTIGATION, AND CONFIRMATIONReading the RegulationsRead the regulations 0.25 0.25 0.50 0.00 1.00 $82.17 $0.00 $0.00 3,200 Reporting of Suspected Releases (280.50)Gather information - Facility 0.00 1.00 4.00 0.00 5.00 $385.84 $0.00 $2,653.00 12,500 Gather information - Contractor 0.00 5.00 31.00 15.00 51.00 $3,970.28 $0.00 $0.00 12,500 Report the suspected release 0.00 0.25 0.00 0.00 0.25 $21.74 $0.00 $0.43 12,500 Subtotal varies varies varies varies varies varies varies varies varies Manual Tank Gauging Only (without Tank Tightness Testing)Automatic Tank GaugingVapor MonitoringAlternative TechnologyGroundwater MonitoringInterstitial Monitoring
 

EXHIBIT 1 (continued)ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENTECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity 

Number

Capital/ of

Respon. Labor Startup O&M Respon. 

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or 

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCESReading the RegulationsRead the regulations 0.50 0.50 1.00 0.00 2.00 $164.34 $0.00 $0.00 3,200 Initial Response (280.61(a))Report the confirmed release by telephone or electronic mail 0.00 0.50 0.50 0.00 1.00 $80.84 $0.00 $0.00 7,500 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 $335.64 $0.00 $811.00 7,500 Prepare and submit summary report ofinitial abatement steps - Facility 0.50 1.50 1.00 0.00 3.00 $251.31 $0.00 $331.00 7,500 Prepare and submit summary report ofinitial abatement steps - Contractor 0.00 4.00 27.00 13.00 44.00 $3,418.12 $0.00 $0.00 7,500 Initial Site Characterization (280.63)Gather information for initial site characterization - Facility 0.00 6.00 1.00 0.00 7.00 $596.56 $0.00 $3,134.00 7,500 Gather information for initial site characterization - Contractor 0.00 9.00 54.00 27.00 90.00 $6,985.44 $0.00 $0.00 7,500 Prepare and submit information per instructions 0.50 1.50 1.00 0.00 3.00 $251.31 $0.00 $436.00 7,500 Free Product Removal (280.64)Gather information for free product removal report - Facility 0.00 1.50 3.25 0.00 4.75 $373.29 $0.00 $384.00 1,500 Gather information for free product removal report - Contractor 0.00 6.00 38.00 19.00 63.00 $4,880.96 $0.00 $0.00 1,500 Prepare and submit report 0.50 1.00 0.00 0.00 1.50 $133.11 $0.00 $131.00 1,500 Investigations for Soil and Groundwater Cleanup (280.65)Gather information for investigation report - Facility 0.00 2.00 0.00 0.00 2.00 $173.95 $0.00 $2,982.00 5,625 Gather information for investigation report - Contractor 0.00 10.00 69.00 31.00 110.00 $8,611.96 $0.00 $0.00 5,625 Submit collected information 0.50 0.75 0.00 0.00 1.25 $111.36 $0.00 $387.00 5,625 Corrective Action Plan (280.66)Prepare and submit corrective action planor additional information - Facility 2.00 2.25 0.00 0.00 4.25 $380.23 $0.00 $962.00 4,500 Prepare and submit corrective action planor additional information - Contractor 0.00 20.00 78.00 39.00 137.00 $10,819.20 $0.00 $0.00 4,500 Notify implementing agency of early cleanup 0.00 0.50 0.00 0.00 0.50 $43.49 $0.00 $0.43 450 Report results of implementing plan - Facility 2.00 2.75 0.00 0.00 4.75 $423.72 $0.00 $696.00 4,500 Report results of implementing plan - Contractor 0.00 8.00 37.00 19.00 64.00 $4,999.80 $0.00 $0.00 4,500 Subtotal varies varies varies varies varies varies varies varies varies 
 

EXHIBIT 1 (continued)ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENTECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity 

Number

Capital/ of

Respon. Labor Startup O&M Respon. 

Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or 

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. OUT-OF-SERVICE UST SYSTEMS AND CLOSUREReading the RegulationsRead the regulations 0.25 0.25 0.50 0.00 1.00 $82.17 $0.00 $0.00 6,226 Permanent Closure and Change-In-Service Notification (280.71(a))Notify the implementing agencyof permanent closure or change-in-service 0.00 0.25 0.00 0.00 0.25 $21.74 $0.00 $0.43 16,500 Conduct site assessment of excavation zone - Facility 0.00 2.75 0.00 0.00 2.75 $239.18 $0.00 $2,433.00 16,500 Conduct site assessment of excavation zone - Contractor 0.00 6.00 40.00 18.00 64.00 $5,014.88 $0.00 $0.00 16,500 Closure Records (280.74)Maintain records after permanent closure orchange-in-service for at least three years 0.00 0.00 0.00 0.10 0.10 $3.76 $0.00 $0.10 16,500 Mail records to implementing agency if theycannot be maintained on site 0.00 0.00 0.00 0.50 0.50 $18.80 $0.00 $4.20 4,125 Subtotal varies varies varies varies varies varies varies varies varies FINANCIAL RESPONSIBILITYReading the RegulationsRead the regulations 0.50 0.50 1.00 0.00 2.00 $164.34 $0.00 $0.00 3,200 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 $69.83 $0.00 $0.43 4,751 If necessary, prepare and submit notice of failureto obtain alternative coverage within 60 days 0.00 0.50 1.00 0.25 1.75 $127.60 $0.00 $0.43 475 Reporting (280.110)Gather and submit forms listed in Section 280.111(b)to the implementing agency documenting current evidenceof financial responsibility 0.00 0.00 0.00 0.25 0.25 $9.40 $0.00 $0.43 7,500 Recordkeeping (280.111)Obtain and keep on file proof of financial responsibility 0.00 0.00 0.25 0.10 0.35 $22.44 $0.00 $0.10 237,533 Update certification if financial assurance mechanism is modified 0.00 0.00 0.50 0.25 0.75 $46.76 $0.00 $0.00 11,877 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 $114.64 $0.00 $0.43 2,375 If necessary, prepare and submit notice of inabilityto obtain alternative coverage within 30 days 0.00 0.50 1.00 0.25 1.75 $127.60 $0.00 $0.43 238 Subtotal varies varies varies varies varies varies varies varies varies TOTAL varies varies varies varies varies varies varies varies varies 
 

EXHIBIT 2ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENSTATE PROGRAM APPROVAL

Hours and Costs Per Respondent Per Activity 

Number

Capital/ of

Respon. Labor Startup O & M Respon. 

Legal Managerial Technical Clerical Hours/ Cost/ Cost per Cost/ or 

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. COMPONENTS OF A PROGRAM APPLICATIONReading the RegulationsRead the regulations 4.00 8.00 8.00 0.00 20.00 $942.60 $0.00 $0.00 1 Transmittal Letter (281.20(a))Obtain a transmittal letter from the Governor's office 1.00 1.00 2.00 1.00 5.00 $214.62 $0.00 $0.00 1 Submit letter to implementing agency 0.00 0.00 0.00 0.10 0.10 $2.63 $0.00 $0.43 1 Description of State Program (281.20(b) and 2801.21)Prepare and submit description of state program 2.00 8.00 80.00 0.00 90.00 $4,233.30 $0.00 $4.20 1 Procedures for Adequate Enforcement (281.22 and 281.20(c))Gather and submit information on compliance monitoringand enforcement procedures 2.00 4.00 40.00 2.00 48.00 $2,216.22 $0.00 $4.20 1 Memorandum of Agreement (281.24 and 281.20(e))Negotiate an MOA with EPA 10.00 6.00 15.00 5.00 36.00 $1,590.51 $0.00 $0.00 1 Prepare and submit written MOA with application 6.00 6.00 16.00 4.00 32.00 $1,423.20 $0.00 $4.20 1 Attorney General's Statement (281.25 and 2801.20(f))Draft and submit statement from Attorney General 47.00 4.00 40.00 2.00 93.00 $4,331.67 $0.00 $4.20 1 Copies of Statutes and Regulations (281.20(g))Research and gather statutes and regulations 8.00 0.00 15.00 4.00 27.00 $1,186.35 $0.00 $0.00 1 Submit copies as a part of the application to EPA 0.00 0.00 0.00 0.10 0.10 $2.63 $0.00 $4.20 1 Subtotal varies varies varies varies varies varies varies varies varies ADEQUATE ENFORCEMENT AND COMPLIANCEReading the RegulationsRead the regulations 1.00 1.00 1.00 0.00 3.00 $141.33 $0.00 $0.00 1 Sharing of Information (281.43(a))Maintain files and current informationon program administration 0.00 5.00 4.00 5.00 14.00 $555.99 $0.00 $0.00 40 Submit information to EPA, if requested 0.00 0.00 0.00 0.10 0.10 $2.63 $0.00 $4.20 1 Subtotal varies varies varies varies varies varies varies varies varies 
 

EXHIBIT 2 (continued)ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENSTATE PROGRAM APPROVAL

Hours and Costs Per Respondent Per Activity 

Number

Capital/ of

Respon. Labor Startup O & M Respon. 

Legal Managerial Technical Clerical Hours/ Cost/ Cost per Cost/ or 

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. APPROVAL PROCEDURESReading the RegulationsRead the regulations 1.00 2.00 2.00 0.00 5.00 $235.65 $0.00 $0.00 5 Issue public notice of the development of underground storage tank program 0.00 0.50 0.00 0.25 0.75 $30.23 $0.00 $0.00 1 Receive and review public comments 0.00 1.00 4.00 0.00 5.00 $235.35 $0.00 $0.00 1 Collect and submit information on changes in regulations or shifts in responsibilities 2.00 10.00 8.00 5.00 25.00 $1,074.60 $0.00 $4.20 5 Prepare and submit revised application,if requested by EPA 4.00 2.00 30.00 6.00 42.00 $1,850.64 $0.00 $4.20 5 Subtotal varies varies varies varies varies varies varies varies varies WITHDRAWAL OF APPROVAL OF STATE PROGRAMSReading the RegulationsRead the regulations 1.00 1.00 2.00 0.00 4.00 $188.34 $0.00 $0.00 0 Gather information for program transfer 2.00 2.00 16.00 8.00 28.00 $1,151.04 $0.00 $0.00 0 Prepare and submit transfer notification 0.00 0.50 1.00 1.00 2.50 $96.95 $0.00 $0.43 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 $711.30 $0.00 $4.20 0 Subtotal varies varies varies varies varies varies varies varies varies TOTAL varies varies varies varies varies varies varies varies varies Revision of Approved State Programs (281.52(a)-(b)) Approval Procedures for State Programs (281.50(b))Procedures for Withdrawal of Approval of State Programs (281.61(a)(1))
 

EXHIBIT 3ANNUAL ESTIMATED AGENCY HOUR AND COST BURDENUST TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity 

Number

Capital/ of

Respon. Labor Startup O & M Respon. 

Legal Managerial Technical Clerical Hours/ Cost/ Cost Cost or 

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, AND NOTIFICATIONReview and file notification forms 0.00 0.00 0.50 0.25 0.75 $23.56 $0.00 $0.00 8,500 Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 8,500 Subtotal varies varies varies varies varies varies varies varies varies RELEASE DETECTIONReview demonstration of theeffectiveness of an alternative method ofrelease detection 0.00 2.00 8.00 0.00 10.00 $392.07 $0.00 $0.00 0 Subtotal varies varies varies varies varies varies varies varies varies RELEASE REPORTING, INVESTIGATION, AND CONFIRMATIONReview and file information on suspected releases 0.00 0.50 2.00 0.50 3.00 $109.00 $0.00 $0.00 12,500 Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 12,500 Review and file information on confirmed releases 0.00 0.50 2.00 0.50 3.00 $109.00 $0.00 $0.00 7,500 Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 7,500 Subtotal varies varies varies varies varies varies varies varies varies 
 

EXHIBIT 3 (continued)ANNUAL ESTIMATED AGENCY HOUR AND COST BURDENUST TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity 

Number

Capital/ of

Respon. Labor Startup O & M Respon. 

Legal Managerial Technical Clerical Hours/ Cost/ Cost Cost or 

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. 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 $18.07 $0.00 $0.00 7,500 Enter information into a database 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 7,500 Review and file summary report of initial abatement measures 0.00 1.00 4.00 0.25 5.25 $201.53 $0.00 $0.00 7,500 Enter information into a database 0.00 0.00 0.00 0.25 0.25 $5.49 $0.00 $0.00 7,500 Review and file information on initial site characterization 0.00 1.00 4.00 0.25 5.25 $201.53 $0.00 $0.00 7,500 Enter information into a database 0.00 0.00 0.00 0.25 0.25 $5.49 $0.00 $0.00 7,500 Review and file free product removal report 0.00 1.00 4.00 0.25 5.25 $201.53 $0.00 $0.00 1,500 Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 1,500 Review and file soil and groundwater investigation report 0.00 1.00 4.00 0.25 5.25 $201.53 $0.00 $0.00 5,625 Enter information into a database 0.00 0.00 0.00 0.25 0.25 $5.49 $0.00 $0.00 5,625 Review and file corrective action plan 1.00 2.00 8.00 0.25 11.25 $478.70 $0.00 $0.00 4,500 Enter information into a database 0.00 0.00 0.00 0.25 0.25 $5.49 $0.00 $0.00 4,500 Notify public of the release and the corrective action plan through an appropriate means 0.00 0.00 1.00 0.25 1.25 $41.63 $0.00 $0.00 4,500 Hold a public hearing and consider comments onthe proposed corrective action plan 0.00 2.00 8.00 0.00 10.00 $392.07 $0.00 $0.00 4,500 Notify the owner or operator whether plan is approved or 

disapproved 0.00 0.25 0.00 0.25 0.50 $18.37 $0.00 $0.43 4,500 Review and file the report on results of implementing the plan 2.00 4.00 16.00 0.25 22.25 $951.90 $0.00 $0.00 4,500 Enter information into a database 0.00 0.00 0.00 0.25 0.25 $5.49 $0.00 $0.00 4,500 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 $41.63 $0.00 $0.00 225 Subtotal varies varies varies varies varies varies varies varies varies OUT-OF-SERVICE UST SYSTEMS AND CLOSUREReview and file notification of closure ora change in service 0.00 0.00 0.50 0.25 0.75 $23.56 $0.00 $0.00 16,500 Subtotal varies varies varies varies varies varies varies varies varies 
 

EXHIBIT 3 (continued)ANNUAL ESTIMATED AGENCY HOUR AND COST BURDENUST TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity 

Number

Capital/ of

Respon. Labor Startup O & M Respon. 

Legal Managerial Technical Clerical Hours/ Cost/ Cost Cost or 

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. FINANCIAL RESPONSIBILITYReview and file submitted financial assurance information 0.00 0.00 0.50 0.25 0.75 $23.56 $0.00 $0.00 7,500 Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 7,500 Notify owners or operators if they no longermeet financial assurance responsibilities 0.00 0.25 0.00 0.25 0.50 $18.37 $0.00 $0.43 4,751 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 $54.50 $0.00 $0.00 475 Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 475 Review and file notification of commencement of bankruptcy procedures 0.00 0.25 1.00 0.25 1.50 $54.50 $0.00 $0.00 2,375 Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 2,375 Review and file notification of failure to obtain alternative financial assurance due to bankruptcy 0.00 0.25 1.00 0.25 1.50 $54.50 $0.00 $0.00 238 Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 238 Subtotal varies varies varies varies varies varies varies varies varies TOTAL varies varies varies varies varies varies varies varies varies 
 

EXHIBIT 4ANNUAL ESTIMATED AGENCY HOUR AND COST BURDENSTATE PROGRAM APPROVAL

Hours and Costs Per Respondent Per Activity 

Number

Capital/ of

Respon. Labor Startup O & M Respon. 

Legal Managerial Technical Clerical Hours/ Cost/ Cost Cost or 

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. COMPONENTS OF A PROGRAM APPLICATION Examine State program application and notifythe State whether the application is complete 0.00 1.00 4.00 0.00 5.00 $196.04 $0.00 $0.00 1 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 $2,918.42 $0.00 $0.00 1 Issue public notice of the tentative decision 0.00 0.50 0.00 0.25 0.75 $31.24 $0.00 $0.00 1 Receive and review public comments 0.00 1.00 4.00 0.00 5.00 $196.04 $0.00 $0.00 1 Conduct public hearing, if necessary 0.00 2.00 2.00 0.00 4.00 $175.27 $0.00 $0.00 1 Make a final decision on approval or disapproval for a State program 0.00 1.00 4.00 0.00 5.00 $196.04 $0.00 $0.00 1 Issue notice of the final decision 0.00 0.50 0.00 0.25 0.75 $31.24 $0.00 $0.00 1 Subtotal varies varies varies varies varies varies varies varies varies APPROVAL PROCEDURESReview the revision of approved State programand tentatively determine approval or disapproval 2.00 4.00 10.00 0.00 16.00 $729.60 $0.00 $0.00 5 Issue public notice of the tentative decision 0.00 0.50 0.00 0.25 0.75 $31.24 $0.00 $0.00 5 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 $201.53 $0.00 $0.43 5 Subtotal varies varies varies varies varies varies varies varies varies WITHDRAWAL OF APPROVAL OF STATE PROGRAMSReview and file transfer notification and plan 1.00 2.00 8.00 0.25 11.25 $478.70 $0.00 $0.00 0 Publish notice of the transfer 0.00 0.50 0.00 0.25 0.75 $31.24 $0.00 $0.00 0 Conduct withdrawal proceedings in accordancewith 40 CFR 271.23(b) and (c) 2.00 4.00 16.00 0.00 22.00 $946.41 $0.00 $0.00 0 Subtotal varies varies varies varies varies varies varies varies varies TOTAL varies varies varies varies varies varies varies varies varies 
 72 

6(e) Bottom Line Hour and Cost Burden

(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 or program revision). 

As shown in the exhibit, EPA estimates the annual respondent burden to be 

approximately 5.96 million hours and $743 million. The bottom line burden to 

respondents over three years is estimated to be approximately 17.9 million hours and 

$2,230 million. 

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 5,967,937 $452,992,987 $95,975,266 $194,430,261 $743,398,513

State Program Approval 1,280 $54,598 $0 $66 $54,665

TOTAL 5,969,217 $453,047,585 $95,975,266 $194,430,327 $743,453,178

(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 0.43 million hours and $16.62 million. 

The bottom line burden to the Agency over three years is estimated to be approximately 

1.29 million hours and $49.87 million. 

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 430,412 $16,611,391 $0 $3,978 $16,615,369

State Program Approval 195 $8,555 $0 $2 $8,557

TOTAL 430,607 $16,619,946 $0 $3,980 $16,623,926
 73 

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. Because of these updated data, the total annual hourly burden to respondents 

has decreased from the previous ICR by 163,020 hours (from 6,132,237 hours/year to 

5,969,217 hours/year). 

6(g) Burden Statement

 Exhibit 7 presents the average annual respondent hourly burden for each UST 

facility and for each State with a Federally-approved UST program, applying for program 

approval, or undergoing program modification. For UST facilities, as shown in the 

exhibit, the total hourly burden for conducting the activities covered in this ICR is 

estimated to average approximately 25 hours per respondent annually. The reporting 

burden is estimated to average 17 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 recordkeeping burden for UST facilities is estimated to average eight 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 .16 hours per respondent per year. This estimate includes time to notify a 

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

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 17.17 7.79 0.16 25.12

State Program Approval 14.94 13.51 0.00 28.45

 For States applying for program approval and program revision and for States 

with approved programs, the total hourly burden is estimated to average approximately 

28 hours per State annually. The reporting burden is estimated to average approximately 

15 hours per respondent per year. This estimate includes time for preparing and 

submitting an application and associated information. The recordkeeping burden is 

estimated to average approximately 13.5 hours per respondent per year. This estimate 

includes time for maintaining application files. 

 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. 
 74 

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. 

 

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-2007-0494, which is 

available for public viewing at the UST Docket in the EPA Docket Center (EPA/DC), 

EPA West, Room 3334, 1301 Constitution Ave., 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 through Regulations.gov at 

http://www.regulations.gov/fdmspublic/component/main. Use Regulations.gov 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. 

Once in the system, select “Search for Dockets,” then key in the docket ID number 

identified above (EPA-HQ-UST-2007-0494). Comments can also be sent to the Office of 

Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, 

NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA 

Docket ID No. EPA-HQ-UST-2007-0494.