### SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 1360.08

“UNDERGROUND STORAGE TANKS: TECHNICAL AND FINANCIAL REQUIREMENTS, AND STATE PROGRAM APPROVAL PROCEDURES”

October 24, 2007TABLE 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) Sensitiv e 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........................................................................................................ 4 5 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........................................................................................................ 731

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 a nd 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 pr otect human health and the environment, and procedures for approving State programs in lieu of the Federal program. EPA promulgated technical and financial requirement s for owners and operators of USTs at 40 CFR Part 280, and State program approval proce dures 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 co llected). Section 6 esti mates 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 “Tec hnical 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 sp ecify statutory requirements for new and existing tanks. Subtitle I directs EPA to deve lop performance standard s covering the following:

C Program scope and interim prohibition;

C UST systems: design, constructi on, installation, and notification;

C General operating requirements;

C Release detection;

C Release reporting, inves tigation, and confirmation;

C Release response and corrective action fo r 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 inform ation collection requirem ents 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 deferre d UST systems at 40 CFR Part 280, Subpart A. Section 280.11 specifies design requirements fo r UST systems that are not otherwise subject to the 40 CFR Part 280 regulations. These deferr ed UST systems must have corrosion protection unless a corrosion expert determin es the site not to be corrosive enough to cause the UST system to have a release due to corrosion during it s operating life. The information collection requirements associated with th is siting prohibition are containe d at 40 CFR 280.11(a) and (b).

(b) UST Systems: Design, Constr uction, Installation, and Notification

EPA promulgated the performance standard s for new and existing UST systems at 40 CFR Part 280, Subpart B. Sections 280.20(a), (b), and (e) and 280.22 pr ohibit installation of tanks without corrosion protection un less 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 notif ication of all new and existing tank systems. Information collection requirements associated with design, c onstruction, and installati on 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 requi rements 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. Informati on collection requirements associated with the general facility standards ar e 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 Maintena nce of Records (§280.34(c)).3

(d) Release Detection

EPA promulgated release detection standard s 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 sectio ns 280.43 and 280.44; and maintain records of all sampling, monitoring, testing, and inspections. The inform ation 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, investig ation, and confirmati on 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 inform ation collection requirements associated with release reporting and investigation are c ontained 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 Ac tion for UST Systems Containing

Petroleum or Hazardous Substances

EPA promulgated release response and corre ctive action requirements at 40 CFR Part 280, Subpart F. Owners and operators must re spond 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, perf orm soil and groundwater investigations, draw up and conduct corrective action procedures, main tain records, and s ubmit reports on these procedures to the implementing agency. The information collection requirements associated with release response and corre ctive action are contained in the following 40 CFR sections:

C Initial Response (§280.61(a));

C Initial Abatement Measures Repor t 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 conduc t an excavation zone assessme nt and notify the implementing agency if permanently closing a system or changi ng 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 associat ed with UST closure are contained in the following 40 CFR sections:

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

C Closure Records (§280.74(c)).

(h) Financial Responsibility

EPA promulgated financial re sponsibility 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 th is information to be submitted. The information collection requirements associated with financia l responsibility are cont ained in the following 40

CFR sections:

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

C Guarantee (§280.96);

C Insurance and Risk Reten tion 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 progra m 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 collec tion 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 informati on, and develop and submit a program application to EPA for review. The application process in cludes obtaining information from the Governor and Attorney General, and preparing a descript ion 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 Prog ram (§§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 requi rements at 40 CFR Part 281, Subpart E. Section 281.51(b) specifies that all States seeki ng 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 pr ocedures for revisions of State programs are contained in sections 281.52(a) and (b), “Revision of Approved State Programs.”

(d) Withdrawal of Appr oval 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, tr ansfer responsibilities by developing and submitting a plan for information transfers. The informa tion collection requirements associated with the withdrawal of a State program are contained in section 281.61(a)(1), “Pro cedures 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 author ity for each type of information collection analyzed in this ICR. The ICR covers all as pects 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 collect ion, 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 sy stems 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 promulga te notification requirements for new USTs. Submitted notifications help EPA to track the nu mber 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 am ended, directs EPA to promulgate technical regulations for all USTs. The regulations incl ude, 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 re lease, and requirements for the7

closure of tanks. EPA requires th is 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, re quires that EPA promulgate regulations for demonstrating financial responsibility for taking corrective action and comp ensating third parties for bodily injury and property damage caused by sudden and nonsudden accide ntal releases from USTs. In order to comply with the regulat ions, private owners a nd operators and local government owners and operators must demonstr ate financial responsib ility 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 evid enced 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 enforcemen t 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 ma nagement 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, insp ections, 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 w ill be used to pay for corrective action.

(2) State Program Approval Procedures

EPA uses State program applications to dete rmine whether to approve a State program. Before granting approval, EPA must determine th at programs will be no less stringent than the Federal program and contain adequate enforcement mechanisms. EPA uses each part of the8

program application to determine how the Stat e 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, CONSULTATI ONS, 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 pr evious work respondents may draw upon similar analyses in compiling data for UST monitori ng, recordkeeping, reporting, and testing requirements, provided the information meets the requirements specified in the regulations.

3(b) Public Notice

In compliance with the Paperwork Reducti on 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 revi ewed 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 wa rranted. In conducting its consultations, EPA focused on those assumptions that have the great est 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 wi th 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) 896-75979

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 strongl y that if the minimum information collection requirements specified under the regulations ar e 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 stat ed in the Paperwork Reduction Act of 1995, OMB’s implementing regulations, EPA’s ICR Ha ndbook, 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 a ssert a claim of confiden tiality covering all or part of the requirements covered in this ICR. If such a claim we re asserted, EPA must and will treat the information in accordance with the regu lations cited above. EPA will also ensure that this information collection complies with th e Privacy Act of 1974 and OMB Circular 108.

3(g) Sensitive Questions

No questions of a sensitive nature are incl uded in any of the UST information collection requirements.

4. THE RESPONDENTS AND TH E 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 Classifi cation System (NAICS) codes associated with industries most likely affected by the information collection requi rements 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 Ex tract 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 Manufacturing11

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 Brak e 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 Electri c 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

454312 Liquefied Petroleum Gas (Bottled Gas) Dealers 5171 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 Repair12

4(b) Information Requested

In the following paragraphs, EPA describes the UST technical and financial requirements and the State program approval application requ irements contained at 40 CFR Parts 280 and 281, respectively.

(1) Technical and Financial Requirements

Regulations at 40 CFR Part 280 contain techni cal and financial requirements for owners and operators of USTs. Part 280 is divided in to eight subparts (Subparts A through H). This

ICR summarizes the information collection re quirements, 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, In stallation, and Notification (Subpart B);

C General Operating Requirements (Subpart C);

C Release Detection (Subpart D);

C Release Reporting, Investigati on, 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 syst em 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 sy stems, (3) emergency generation systems at a nuclear power generation facility, (4) airport hyd rant fuel distribution systems, and (5) fieldconstructed tank systems. Section 280.11(b) requires owners or ope rators that have installed an UST system without corrosion protection at site s 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, Construc tion, Installation, and Notification

(b1) Performance Standards for New US T Systems - Tanks and Piping Without

Corrosion Protection

Tanks and piping in contact with the ground th at 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 installe d 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 operato rs to ensure that tanks and piping were installed properly through certification, testi ng, or inspection. Owners and operators must demonstrate compliance of proper installati on 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 th e lining is still perfor ming in accordance with original design specifications.

(i) Data Items:

C Records that show the lined tank to be st ructurally sound and that the lining is still performing in accordance with original design specifications.

(ii) Respondent Activities:

C Conduct internal tank inspection within te n years after lining and every five years
thereafter; and

C Maintain records.

[NOTE: Although section 280.21(b) does not ex plicitly require mainte nance of inspection records, the regulations do requi re the use of a code of pr actice developed by a nationally recognized association or independe nt testing laboratory in order to comply with the regulations

under this section. Because most of these codes of practice re quire maintenance of inspection records, EPA has burdened respondents with this activity in this ICR. In addition, EPA notes that the Agency may use these inspec tion records for enforcement purposes.]

(b4) Notification Requirements

Section 280.22 describes the notification requir ements 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 sell ing an UST must notify the purchaser of such

tanks of the owner’s notifi cation obligations under sect ion 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 sy stem located at a separate place of operation (§§280.22(a) through (d));

-- Certificate of compliance with installation, cathodic protection, financial responsibility, and rel ease 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 with in 30 days of bringing an UST system
into use; and

C Notify purchaser of an UST of th e owner’s notification obligations.

(c) General Operating Requirements

(c1) Operation and Maintenance of Corrosion Protection

Owners and operators with cathodically-prote cted steel UST systems must periodically inspect their systems and conduct periodic test s by a qualified cathodic protection tester. Sections 280.31(d)(1) and (2) requ ire owners and operators to maintain records that demonstrate compliance with performance standards fo r UST systems using cathodic protection.

(i) Data Items:

C Records that demonstrate compliance with performance standards for UST systems using cathodic pr otection, including:

2 Note that this section only burdens res pondents 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 complianc e with installation), sections 280.20(a) and (b) (cathodic protection of steel tanks and piping), sec tions 280.95 through 280.114 (financial responsibility), and sections 280.40 through 2 80.45 (release detection).16

-- For all tanks with cathodic protection, results of testing from the last two inspections of the catho dic protection system (§§280.31(b)(1) and (2));

and

-- For tanks using impressed cathodic prot ection 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 test er 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 cu rrent 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 r ecords of each repair for the operating life of the UST system. These record s 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 prov ided 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 secti ons 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 th e associated hour and cost burde n, 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 recordk eeping, availability, and maintenance of information. Owners and operators must main tain 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, wh en a release detection method indicates that a release may have occurred, owners and operato rs must notify the implementing agency in accordance with Subpart E. Data items and re spondent activities asso ciated with release detection requirements are covered and burde ned 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 sec tion, “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 require ments for tanks at section 280.41(a). Owners and operators are required

to record results of measurements or tests indica ting 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, reco rded 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 wate r 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 ar e not disturbed (§280.43(b)(1));

C Records of tank tightness testing 5 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 leve l 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 performa nce, 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 ga uging may be used in conjunction with tank tightness testing every five years until December 22, 1998 or until ten years after installation or upgradi ng 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 conj unction with inventory control or manual tank gauging (see previous footnotes).19

C Monthly records of vapor monitoring w ithin 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 releas e 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, reco ncile 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., w ithout tank tightness testing), record two consecutive tank liquid level measuremen ts at the beginning and ending of a minimum time period each week and reconcile measurements monthly;

C If using automatic tank gauging, record re sults 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, re cord 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 c onjunction with tank tightness testi ng 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 ta nks should have been upgraded or closed by December 22, 1998.

7 Ibid.20

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

and/or

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

for an alternative release detection me thod 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 requi rements for piping at section 280. 41(b). Owners and operators are required to maintain the following types of meas urement records to dem onstrate 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 identif ied 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 rou tinely 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 opera tion 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. Howe ver, EPA was unable to estimate the number of suction lines which require leak detection monitoring a nd 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, th is 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 ope rators maintain re cords which contain

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

(i) Data Items:

C All written performance claims about a ny system used, and the way the claims were justified or tested by the manuf acturer or installe r (§280.45(a));

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

C Written documentation of all calibration, maintenance, and repair of any release detection system located perman ently 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 re sults - one year unless implementing agency advises otherwise, except for tank tightness testing, in which case

records are to be maintained unt il the next test is conducted;

-- Documentation of all calibrations, maintenance, and repairs - one year after servicing was completed, un less implementing agency advises otherwise; and

-- Manufacturer calibration and maintenan ce 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) (gr ound 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 opera tors to report within 24 hours to the implementing agency if a release is suspect ed 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 re gulated 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 de tection method required under sections

280.41 and 280.42 that indicate a releas e may have occurred, unless (1) a monitoring device is found to be defectiv e, 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 th e 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 a nd operators to immediately contain and cleanup a spill or overfill, and to report certain re leases. Owners and operators must report to the implementing agency within 24 hours, or a nother reasonable time period specified by the implementing agency, in the following cases:

C Spill or overfill that results in a releas e 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 substan ce 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 immediatel y 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 s ubstances 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 im mediately 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 over fill 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 Ac tion for UST Systems Containing

Petroleum or Hazardous Substances

(f1) Initial Response

Upon confirmation of a releas e in accordance with section 280.52 or another procedure, owners and operators must conduct initial response actions within 24 hours of a rel ease 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 opera tors 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 info rmation or data in accordance with section 280.62(a).

(i) Data Item:

C Report on initial abatement steps an d resulting information or data.

(ii) Respondent Activities:

C Gather information during initial abatement; and

C Prepare and submit a summary repor t 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 informati on 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 releas e confirmation or anothe r 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 se ction 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 secti on 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 pr oduct removal measures (§280.64(d)(1));

C Estimated quantity, type and thickne ss 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 efflue nt 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 recovere d 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 followi ng conditions exist: (1) evidence that groundwater wells have been affected; (2) free product is found; (3) ther e is evidence of contamin ated soils in contact with groundwater; or (4) potential effects of soil or groundwater on nearby surface water and groundwater resources. Under s ection 280.65(b), owners and opera tors must submit information covering the release, the release site, and the ar ea affected by the release after investigating the impacts of the release on the soils and groundwat er. 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 groundwat er impacts of release.

(ii) Respondent Activities:

C Gather information from soil and gr oundwater cleanup i nvestigations; 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 su bmit additional information or a corrective action plan for responding to contaminated soils or gr oundwater. Upon approval, owners and operators must implement the plan, and report the results of implementation. In add ition, in order to keep contamination at a site to a minimum, owners and operators may begi n 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 pl an, provided they comply with any conditions imposed by the implementing agency and incorpor ate self-initiated cleanup measures into the corrective action plan.

(i) Data Items:

C Additional information or a corrective act ion plan for responding to contaminated soils or ground water;

C Notification of commencing cleanup prio r 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 implemen ting 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 pr ior to beginning permanen t 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 perman ent 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 complia nce 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 co mpletion 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 permanen t 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 agen cy 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 requi rements 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 da tes 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 fina ncial 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 th ese options is described in detail below in Subsections (2) through (14). [Note: This ICR a ggregates the burden asso ciated with each of these financial mechanisms; the reporting burden for financial requirements is presented under section 280.110, and the recordkeeping bur den is presented under section 280.111.]

Financial Test of Self Assurance

Section 280.95 outlines the procedures for a fina ncial test of self assurance as a means of satisfying the financial responsib ility requirements. Owners and operators have the option of meeting the criteria specified in e ither section 280.95(b) or 280.95(c).

(i) Data Items:

The section 280.95(b) criteria re quire 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 re quire 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 CP A, if annual financial statements were not submitted to the SEC, Energy Information Administration, or Rural

Electrification Administra tion (§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 alternat e financial assurance, if the owner or operator cannot find such a ssurance within 150 days of finding that he or she cannot meet the requirements of the financ ial 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 Admini stration, 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 fi nancial test under section 280.95(c) must

conduct the followi ng 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 independe nt 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 repor ts, if requested by the implementing agency; and

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

alternative financial assuran ce within 150 days of discovering, or within 30 days of being notified by the implementing agen cy, 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 2 80.111 (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 guarant or, 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 obt aining liability insura nce as a means of satisfying the financial re sponsibility requirements.

(i) Data Item:

C Insurance or risk retention group cove rage policy with endorsement amendment (§§280.97(a) through (b)).

(ii) Respondent Activities:

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

[NOTE: This ICR covers the burden associat ed 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 re sponsibility 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 associat ed 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 re sponsibility requirements.

(i) Data Items:32

C An irrevocable standby letter of credit wo rded 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 irre vocable standby letter of credit.

[NOTE: This ICR covers the burden associat ed with this activity under section 280.111 (recordkeeping).]

Use of State-Required Mechanisms

Section 280.100 allows UST owners and operato rs in States without program approval to satisfy the requirements of section 280.93 by us ing a State-required financial mechanism, if approved by the EPA Region. The owner or operato r, 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 secti on 280.93 requirements (§280.100(c));

C Copies of State statutory and regulat ory 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 2 80.111 (recordkeeping).]33

State Fund or Other State Assurance

Section 280.101 allows UST owners and operato rs in States without program approval to satisfy the requirements of section 280.93 by us ing a State fund or othe r 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 Stat e 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 assure d 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 associat ed 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 f und is greater than the require d 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 2 80.111 (recordkeeping).]

Standby Trust Fund

Section 280.103 outlines the procedures for using a standby trust fund as a means of satisfying the financial responsib ility requirements. Owners and operators using mechanisms described in sections 280.96, 280.98, and 280.99 mu st establish a standby trust fund in addition to satisfying the other requ irements 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 tr ust fund agreement and any amendments.

[NOTE: This ICR covers the burden associat ed 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 satisf y 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 bo nd 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 stat ed 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 financ ial condition (§280.104(f)).

(ii) Respondent Activities:

C Maintain current copy of bond ratings;35

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

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

[NOTE: This ICR covers the burden associated with these activities under section 280.110 (reporting) and section 2 80.111 (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 financia l 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 financia l 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 reco rds of current financial conditions;

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

alternative financial assuran ce within 150 days of discovering, or within 30 days36

of being notified by the implementing agen cy, 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 2 80.111 (recordkeeping).]

Local Government Guarantee

A local government owner or operator may sa tisfy 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 loca ted or a local government having a “substantial governmental relationship” w ith the owner of operator.

(i) Data Items:

C A demonstration of meeting the bond rati ng 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 worksh eet test requirements of section 280.105 and a copy of the CFO letter in se ction 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 c opy 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 ar rangements is selected (§280.106(c)).

(ii) Respondent Activities:

C Prepare and keep on file a demonstrati on 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 2 80.111 (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 th ird parties in the event of accidental releases from petroleum USTs.

(i) Data Items:

C A signed letter from the local govern ment’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 mo st 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 incr emental funding backed by bonding authority,

results of a voter referendum or an atte station 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 aut hority, including either the results of a voter referendum or attestation by the State Attorney General;

[NOTE: This ICR presents the burden associat ed with these activitie s 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 altern ate financial assurance.

(i) Data Item:

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

(ii) Respondent Activities:

C Prepare and submit a notice of alternat e financial assurance to the original financial assurance provider.

[NOTE: This ICR covers the burden associat ed with this activity under section 280.110 (reporting) and section 2 80.111 (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 submitt ed 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 assura nce mechanism subjec t to termination (§280.109(b)(3)).

(ii) Respondent Activities:

C Prepare and submit a notice of termination;

C Prepare and submit to the implementing ag ency 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 respons ibility 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 fo rms 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 re sponsibility, as worded in section 280.111(b)(11)(i).

(i) Data Item:

C Record of updated certificati on of financial responsibility.

(ii) Respondent Activities:

C Prepare and keep on file a certifica tion of financial responsibility; and

C Update the certification whenever the fi nancial assurance mechanism is modified.

[NOTE: This is the only recordkeeping require ment under section 280.111 that is not covered elsewhere in this ICR Supporting Statement. A ll other recordkeeping requirements under section 280.111 (i.e., 40 CFR 280.111(b)(1)-(b)(10)) are cove red under each section of the regulations in which the paperwork is generated.]

(h5) Bankruptcy or Other Incapacity

Section 280.114 sets forth notification re quirements regarding bankruptcy or other incapacities for UST owners and operators, and pr oviders 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 notificat ion to the implementing agency of commencement of bankruptcy proceedings and forms listed in section 280.111(b) documenting current financial re sponsibility (§280.114(a));

C For financial assurance providers, a no tice to the UST owner or operator of commencement of bankruptcy proceedings as required under the terms of the guarantee specified in se ction 280.96 (§280.114(b));

C For local government owners and operat ors, a notification to the implementing agency of commencement of bankruptcy proceedings and forms documenting current financial responsi bility (§280.114(c));

C For local government financial assu rance providers, a notice to the local government owner or operator of comme ncement of bankruptcy proceedings and forms documenting current financia l responsibility (§280.114(d)); and

C For owners and operators who are unable to obtain alternate financial assurance within 30 days after receiv ing 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 with in 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 Stat e 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); and41

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 seek ing 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 a ny State seeking to ad minister its own UST program must submit in its application a descri ption 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 system s 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 jurisdic tion 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 executi on 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 de scription of the program.

(a3) Procedures for Adequate Enforcement

Section 281.22 states that any State seeki ng to administer its own UST program must submit in its application a desc ription of compliance monitoring and enforcement policies and procedures, including judicial revi ew procedures (§§281.22 and 281.20(c)).

(i) Data Item:

C Description of compliance monitoring and enforcement policies and procedures, including judicial review pr ocedures (§§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 seeki ng to administer its own UST program must negotiate with EPA areas of coordi nated effort and responsibilities.

(i) Data Item:

C A Memorandum of Agreement concerning roles and responsib ilities 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 seeki ng 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 pr ogram 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 Indi an 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 seek ing to administer its own UST program must submit in its application copies of all applicable State statut es and regulations (§281.20(g)).

(i) Data Items:

C Copies of all applicable State st atutes 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 approve d 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 confid entiality (§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 subm itting 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 pu blic 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 pr ogram 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 cha nges in regulations or shifts in responsibilities; and

C Prepare and submit revised appli cation, if instructed by EPA.45

(d) Withdrawal of Appr oval of State Programs

A State with an approved program may tran sfer voluntarily any re sponsibilities 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 transfer s 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 in formation 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 fina ncial assurance information. Much of the46

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 im plementing agency also is responsible for conducting public involvement activities, such as no tifying the public of a re lease or failure to sufficiently remediate a release. EPA or the im plementing 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 disapp roval 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 tr ansfer 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 a ssociated with this ICR, EPA uses electronic equipment such as personal computers and databa se and modeling software, as applicable. EPA ensures the accuracy and completeness of the collect ed 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 recordkeepi ng burden for small businesses. In addition, EPA provided flexibility to small and medium-sized owners and operators of petrol eum 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 agen cy collects various type s of data according to the following schedules:

C One-time collections : Notification forms, certificates of compliance with corrosion protection and system installa tion, alternative technology informationand demonstrations, excavation zone assessments, closure records or change-inservice forms.47

C Special circumstance collections : Release reporting a nd response information, including site information and characteri zation, chemical property, and health information, abatement reports, free product removal reports, soil and ground water investigation information, corr ective 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 info rmation 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 appr oval of State program information, transfer of program inform ation, and plans for the transfer of program responsibilities.

6. ESTIMATING THE HOUR AND CO ST BURDEN OF THE COLLECTION

6(a) Estimating Respondent Hours

EPA estimates the respondent hourly bur den for all the information collection requirements covered in this ICR in Exhibits 1 a nd 2. Exhibit 1 covers information collections related to UST technical and financial requiremen ts. 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 re spondent, 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 a nd maintenance (O&M).48

Labor Costs

Table 1 shows the estimated average hourly labor cost (including overhead and fringe), by labor category, for faciliti es, 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 (o ther 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 nationa l occupational employment and wage estimates for May 2006 and then adjusted this rate fo r 2007 using the 2007 Employment Cost Index. 13,14
EPA followed the same procedure to obt ain hourly labor costs for contractors. 15 EPA then

factored in overhead costs for facilities and cont ractors, 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 regul ations (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 I ndex (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 estimat ed; no legal work is expected to be performed by contractors.49

percent and 100 percent, respectiv ely, 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 (oth er 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 ov erhead loading for States was not factored into the hourly labor costs; no standard overhead factor for States wa s identified through research or EPA’s State consultations. (See Section 3(c) of th is 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, a nd other equipment. For this ICR, capital costs include the cost of monitoring equipment for f acilities that choose to comply with release detection requirements by using vapor monitori ng, 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 a ssociated with O&M or purchasi ng services.” For this ICR,

O&M costs include:

C Mailing costs : EPA estimates that respondents w ill 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 in cur a cost of $4.20 for mailing a larger package (i.e., five-ounce package) by cer tified 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 dire ct 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/h azwaste/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 Exhi bits 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 t echnical 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 fo r various labor categories in the Federal Government. EPA then applied the standard gov ernment 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 av erage 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 aver age 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 ne w 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 assumpti on 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 cove red 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 opera tors of USTs to technical and financial requirements. Information collecting, reporti ng, 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 system s 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 e quip UST systems with corrosion protection if these systems are constructed of steel. Therefor e, 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 prepar e and submit a certificate of installation and a notification in a single form for a new or replac ed facility with USTs or for a new or replaced individual UST system. EPA estimates that, on av erage, 75 percent of new USTs are installed at completely new or completely replaced faciliti es (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 pe rcent of existing tanks (i.e., 0.05 x 620,667 = 31,033) have been upgraded with an internal lin ing 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 th at, on average, 6,207 tanks (31,033/5 = 6,207) will undergo the required five-year inspection each y ear during the period co vered 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 m eet 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 pro cedure 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 te n-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 re quire maintenance of inspection records, the regulations do require the use of a code of practi ce developed by a nationally recognized association or independent testing laboratory in order to comply wi th the regulations under this section. Because most of these codes of practice require maintenance of in spection 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 operator s will incur additional O&M costs for tank interior lining insp ection. The O&M cost for tank inte rior lining inspectio n is $1,410, which includes a $1,305 contractor fee for conducting th e inspection and $105 to c over 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 mu st inform the buyer of his or her notification obligations.

(a3) General Operating Requirements

Newly regulated facilities (3,200 annually) w ill read the regulations on general operating requirements.

In addition, owners and opera tors of steel USTs with cathod ic protection are required to have their cathodic protection systems tested with in six months of installation, once every three years thereafter, and within six months of the re pair 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 peri od covered by this ICR. EPA further estimates that, on average, three percent of new and existing USTs with cathodically prot ected 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 av erage, 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 w ith cathodic protection, 70 percent (198,188 USTs) will be protected by sacrificial anode ca thodic systems and 30 percent (84,938 USTs) will be protected by impressed current cathodic system s. Owners and operators of impressed current cathodic systems must conduct inspections every 60 da ys (i.e., six times per year). Typically there is one impressed current system per site that needs to be inspec ted. 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 main tain records of all cathodic pr otection system tests conducted for each UST with cathodic protection over the th ree-year period covered in this ICR (i.e.,

22 Based on EPA’s best professional judgment.

23 This ICR does not burden cathodic protection syst em inspections required within six months of installation due to lack of sufficient data; as a resu lt 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 f acility 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 sy stem. 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 ma intain 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 a dditional 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) respect ively 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. Th is ICR burdens these repo rting and recordkeeping

activities in each of th e respective sections.]

(a4) Release Detection

Owners and operators must have a compliant le ak detection system installed at each UST. Section 280.43 describes acceptable methods and re quired maintenance activities. Owners and operators must record the results of tests or m easurements at prescribed intervals. Table 4 presents EPA’s estimates of the number of owne rs and operators choosing each detection system option and the information collection requi rements associated with each option.

All 3,200 owners and operators of new UST f acilities 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 duri ng the three-year period covered in this ICR. The ICR further assumes that the other inspection was al ready conducted, and that the results are already being maintained by the facilities.

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

26 EPA expects that owners and operators of ex isting UST facilities have already read the release detection regulations (40 CFR Part 280, Subpart D).55

Since the methodologies set forth under i nventory 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 facili ties using manual tank gauging with tank tightness testing will perform the tank ti ghtness 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 w ith a manual tank gauging with tank tightness testing system (i.e., 56,625/5 = 11,325). EPA esti mates that facilities will incur contractorrelated O&M costs of $505 for the cost of perf orming each tank tightness test. This O&M cost includes a $400 contractor fee fo r 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 monito ring system is estimated at $469 per facility

. 30 The

cost of an interstitial monitori ng system (control box with sensors) , including installation costs, is approximately $384 per tank

. 31 Maintenance of the monitori ng 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 lin e leak detectors to detect catas trophic releases from piping. Thus, facilities are expected to conduct an annual line leak de tector test for operability on 566,250 tanks (i.e., 0.90 x (620,667 + 8,500) = 5 66,250). 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 ev ery five years because the 1998 deadline required

the shutdown of all tanks for whic h 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 mainta in 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 ne w 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 rele ase. 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 belie ves that facilities will incur contractorrelated O&M costs associated w ith 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 ne w UST owners and operators will read the regulations on release response. All 7,500 facilities c onfirming a release must report information on the release. These facilities also must gath er information and prepare and submit reports on

initial abatement measures and initial site characte rization. EPA assumes th at facilities will incur O&M costs in preparing a summary report of th e 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, prep aring, and submitting information for the initial site characterization, as this activity ofte n requires sampling well borings and laboratory analyses.

EPA estimates that initial investigations at 20 percent of these fac ilities (i.e., 0.20 x 7,500 = 1,500 facilities) will determine th e 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 demonstr ate that soil and groundwater investigations are warranted. Th ese facilities are expected to ga ther information and prepare and submit a report. Facilities will incur further contractor-related O&M costs preparing soil and groundwater investigation reports. Additiona l characterization work could be required depending on the scope of the rele ase and the geology of the site.

EPA estimates that initial investigations at 60 percent of facilities w ith confirmed releases (i.e., 0.60 x 7,500 = 4,500 facilities) will demonstrat e that corrective action is warranted. These facilities must prepare and submit a corrective action plan and repor t 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 25 d 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 th e 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 th e 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 35 d 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 90 d 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) 40 d 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 Equipm ent 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 pe rcent of these faciliti es (i.e., 0.10 x 4,500 = 450 facilities) will notify the implemen ting agency that they will begin corrective action before they receive corrective action plan approval. The Agency believes that facilitie s will incur contractorrelated O&M costs when prepari ng a corrective action plan and re porting (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 re ad 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 implemen ting agency of closure, conduct an excavation zone assessment, and maintain closure records.

EPA estimates that facilities will incur c ontractor-related O&M costs when conducting a

site assessment of an excavation zone. EPA furt her estimates that for 25 percent of these USTs, owners and operators will not be able to mainta in 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 Responsibility 34

EPA estimates that each year, all 8,500 ne w 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 re leases. A current cer tificate 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 responsibil ity 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 descri bed in Section 4 of this ICR, and keep on file a certification of financial responsibilit y. [NOTE: This ICR covers the burd en associated with these activities

34 Although financial responsibility is not require d for hazardous substance tanks, this ICR does

not remove hazardous substance tanks from the financia l responsibility analysis due to lack of sufficient data. Therefore, this ICR slightly overestim ates the burden for financial responsibility.

35 While EPA has burdened the requirement to ob tain financial assurance annually, it is expected that all existing UST owners and ope rators have already read the fi nancial responsibility regulations. Therefore, this ICR burdens onl y 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 fi nancial responsibility records, an estimated 7,500 facilities will submit their records to EPA or the implemen ting 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 faci lities) 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 disr uption in financial coverage due to the bankruptcy of their financial provider. EPA es timates 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 Stat es and territories will apply for State program approval over the next three years.

The two States applying for State progra m 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 al so allow for public notice and comment on their efforts to develop their underg round storage tank programs.

All approved programs must maintain f iles and current information on program administration. Additionally, as there are currently 38 approved programs 36 , 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 administrati on. 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 ac tivities burdened under this ICR are shown in Exhibits 1 and 2 on the following pages. The bu rden and cost for Agency activities are shown

in Exhibits 3 and 4.61EXHIBIT 1ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENTECHNICAL AND FINANCIAL REQUIREMENTSHours and Costs Per Respondent Per Activity Total Hours and CostsNumberCapital/ ofRespon. Labor Startup O&M Respon. Total TotalLegal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year YearPROGRAM 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 0 $0Deferred 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 0 $0Maintain records 0.00 0.00 0.00 0.10 0.10 $3.76 $0.00 $0.10 0 0 $0Subtotalvaries varies varies varies varies varies varies varies varies 0 $0Reading the RegulationsRead the regulations 0.25 0.25 0.50 0.00 1.00 $82.17 $0.00 $0.00 3,200 3,200 $262,940Performance 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 0 $0Maintain records 0.00 0.00 0.00 0.10 0.10 $3.76 $0.00 $0.10 0 0 $0Certification of Installation (280.20(e))Obtain and provide a certification of compliance of properinstallation on the notification form 0.00 0.50 1.00 0.50 2.00 $137.01 $0.00 $0.00 4,531 9,062 $620,778Periodic Lining Inspections (280.21)Have the lined tank inspected within ten years after lining andevery five years thereafter 0.00 0.00 6.00 0.00 6.00 $448.29 $0.00 $1,410.00 6,207 37,242 $11,534,436Maintain records 0.00 0.00 0.00 0.10 0.10 $3.76 $0.00 $0.10 31,033 3,103 $119,813Notification Requirements (280.22)Prepare and submit forms within 30 days of bringing an USTsystem into use 0.00 0.00 0.50 0.00 0.50 $37.36 $0.00 $0.43 8,500 4,250 $321,197Notify 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 38,791 $2,855,059Subtotalvaries varies varies varies varies varies varies varies varies 95,648 $15,714,223UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, AND NOTIFICATION62EXHIBIT 1 (continued)ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENTECHNICAL AND FINANCIAL REQUIREMENTSHours and Costs Per Respondent Per Activity Total Hours and CostsNumberCapital/ ofRespon. Labor Startup O&M Respon. Total TotalLegal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year YearGENERAL OPERATING REQUIREMENTSReading the RegulationsRead the regulations 0.25 0.25 0.50 0.00 1.00 $82.17 $0.00 $0.00 3,200 3,200 $262,940Operation and Maintenance of Corrosion Protection (280.31)Have a qualified tester conduct inspection for all cathodicprotection systems within six months of installation, at leastevery three years thereafter, and within six months of the repairof any cathodically protected system 0.00 0.10 0.15 0.00 0.25 $19.90 $0.00 $255.00 102,869 25,717 $28,279,175Conduct inspection for impressed current cathodic protectionsystems every 60 days 0.00 0.10 0.15 0.00 0.25 $19.90 $0.00 $0.00 192,312 48,078 $3,827,918Maintain records 0.00 0.00 0.00 0.10 0.10 $3.76 $0.00 $0.10 199,025 19,903 $768,404Maintenance 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 18,875 $1,410,261Conduct tightness testing 30 days after repair 0.00 0.25 0.15 0.25 0.65 $42.35 $0.00 $505.00 3,775 2,454 $2,066,258Maintain records 0.00 0.00 0.00 0.10 0.10 $3.76 $0.00 $0.10 18,875 1,888 $72,873Subtotalvaries varies varies varies varies varies varies varies varies 120,115 $36,687,829RELEASE DETECTIONReading the RegulationsRead the regulations 0.50 0.50 1.00 0.00 2.00 $164.34 $0.00 $0.00 3,200 6,400 $525,879Release Detection for Tanks (280.43)Inventory ControlRecord delivery, dispensing and inventory measurements on adaily basis 0.00 0.00 0.25 0.00 0.25 $18.68 $0.00 $0.00 0 0 $0Record monthly water level measurements, reconcilemeasurements monthly 0.00 0.00 0.00 0.50 0.50 $18.80 $0.00 $0.00 0 0 $0Perform tank tightness testing 0.00 0.25 0.15 0.25 0.65 $42.35 $0.00 $505.00 31,45820,448 $17,218,627Record monthly water level measurements, reconcilemeasurements monthly 0.00 0.00 0.00 0.50 0.50 $18.80 $0.00 $0.00 0 0 $0Record weekly tank liquid level measurements 0.00 0.00 0.00 0.05 0.05 $1.88 $0.00 $0.00 0 0 $0Perform tank tightness testing 0.00 0.25 0.15 0.25 0.65 $42.35 $0.00 $505.00 11,3257,361 $6,198,771Manual Tank Gauging with Tank Tightness Testing63EXHIBIT 1 (continued)ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENTECHNICAL AND FINANCIAL REQUIREMENTSHours and Costs Per Respondent Per Activity Total Hours and CostsNumberCapital/ ofRespon. Labor Startup O&M Respon. Total TotalLegal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year YearRecord monthly water level measurements, reconcilemeasurements monthly 0.00 0.00 0.00 0.50 0.50 $18.80 $0.00 $0.00 0 0 $0Record weekly tank liquid level measurements 0.00 0.00 0.00 0.05 0.05 $1.88 $0.00 $0.00 0 0 $0Record results of monthly automatic product level monitoring 0.00 0.00 0.05 0.00 0.05 $3.74 $0.00 $0.00 0 0 $0Record daily inventory volume measurements 0.00 0.00 0.02 0.00 0.02 $1.49 $0.00 $0.00 0 0 $0Record results of monthly vapor monitoring 0.00 0.00 1.67 0.00 1.67 $124.78 $733.00 $0.00 9,497 15,860 $8,146,293Record results of monthly groundwater monitoring 0.00 0.00 1.67 0.00 1.67 $124.78 $469.00 $0.00 9,497 15,860 $5,639,085Record results of monthly interstitial monitoring 0.00 0.00 0.60 0.00 0.60 $44.83 $384.00 $0.00 220,208 132,125 $94,431,682Prepare 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 0 $0Release Detection for Piping (280.44)Conduct annual test of the operation of theautomatic line leak detector in accordance withthe manufacturer's requirements 0.00 0.00 0.25 0.00 0.25 $18.68 $0.00 $0.00 566,250 141,563 $10,576,955Record 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 28,313 $2,115,391Conduct annual line tightness test 0.00 0.00 1.50 0.00 1.50 $112.07 $0.00 $0.00 251,667 377,501 $28,205,252Record results of annual line tightness test 0.00 0.00 0.02 0.00 0.02 $1.49 $0.00 $0.00 251,667 5,033 $376,070Release Detection Recordkeeping (280.45)Maintain records for specified time periods 0.00 0.00 0.00 1.00 1.00 $37.61 $0.00 $0.00 237,533 237,533 $8,933,236Subtotalvaries varies varies varies varies varies varies varies varies 987,997 $182,367,241RELEASE 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 3,200 $262,940Reporting 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 62,500 $37,985,460Gather information - Contractor 0.00 5.00 31.00 15.00 51.00 $3,970.28 $0.00 $0.00 12,500 637,500 $49,628,500Report the suspected release 0.00 0.25 0.00 0.00 0.25 $21.74 $0.00 $0.43 12,500 3,125 $277,168Subtotalvaries varies varies varies varies varies varies varies varies 706,325 $88,154,068Manual Tank Gauging Only (without Tank Tightness Testing)Automatic Tank GaugingVapor MonitoringAlternative TechnologyGroundwater MonitoringInterstitial Monitoring64EXHIBIT 1 (continued)ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENTECHNICAL AND FINANCIAL REQUIREMENTSHours and Costs Per Respondent Per Activity Total Hours and CostsNumberCapital/ ofRespon. Labor Startup O&M Respon. Total TotalLegal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year YearRELEASE 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 6,400 $525,879Initial Response (280.61(a))Report the confirmed release by telephone orelectronic mail 0.00 0.50 0.50 0.00 1.00 $80.84 $0.00 $0.00 7,500 7,500 $606,335Initial 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 30,000 $8,599,775Prepare 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 22,500 $4,367,332Prepare 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 7,500 330,000 $25,635,900Initial Site Characterization (280.63)Gather information for initial sitecharacterization - Facility 0.00 6.00 1.00 0.00 7.00 $596.56 $0.00 $3,134.00 7,500 52,500 $27,979,181Gather information for initial sitecharacterization - Contractor 0.00 9.00 54.00 27.00 90.00 $6,985.44 $0.00 $0.00 7,500 675,000 $52,390,800Prepare and submit information per instructions 0.50 1.50 1.00 0.00 3.00 $251.31 $0.00 $436.00 7,500 22,500 $5,154,832Free Product Removal (280.64)Gather information for freeproduct removal report - Facility 0.00 1.50 3.25 0.00 4.75 $373.29 $0.00 $384.00 1,500 7,125 $1,135,930Gather information for freeproduct removal report - Contractor 0.00 6.00 38.00 19.00 63.00 $4,880.96 $0.00 $0.00 1,500 94,500 $7,321,440Prepare and submit report 0.50 1.00 0.00 0.00 1.50 $133.11 $0.00 $131.00 1,500 2,250 $396,162Investigations 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 11,250 $17,752,203Gather information for investigation report - Contractor 0.00 10.00 69.00 31.00 110.00 $8,611.96 $0.00 $0.00 5,625 618,750 $48,442,275Submit collected information 0.50 0.75 0.00 0.00 1.25 $111.36 $0.00 $387.00 5,625 7,031 $2,803,303Corrective 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 19,125 $6,040,032Prepare 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 4,500 616,500 $48,686,400Notify implementing agency of early cleanup 0.00 0.50 0.00 0.00 0.50 $43.49 $0.00 $0.43 450 225 $19,763Report results of implementing plan - Facility 2.00 2.75 0.00 0.00 4.75 $423.72 $0.00 $696.00 4,500 21,375 $5,038,723Report results of implementing plan - Contractor 0.00 8.00 37.00 19.00 64.00 $4,999.80 $0.00 $0.00 4,500 288,000 $22,499,100Subtotalvaries varies varies varies varies varies varies varies varies 2,832,531 $285,395,36565EXHIBIT 1 (continued)ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENTECHNICAL AND FINANCIAL REQUIREMENTSHours and Costs Per Respondent Per Activity Total Hours and CostsNumberCapital/ ofRespon. Labor Startup O&M Respon. Total TotalLegal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year YearOUT-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 6,226 $511,582Permanent 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 4,125 $365,861Conduct 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 45,375 $44,090,927Conduct 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 1,056,000 $82,745,520Closure 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 1,650 $63,704Mail 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 2,063 $94,892Subtotalvaries varies varies varies varies varies varies varies varies 1,115,439 $127,872,486FINANCIAL RESPONSIBILITYReading the RegulationsRead the regulations 0.50 0.50 1.00 0.00 2.00 $164.34 $0.00 $0.00 3,200 6,400 $525,879Cancellation or Nonrenewal by a Provider of Financial Assurance (280.109)Prepare and submit a notice of termination of financialassurance 0.25 0.00 0.50 0.25 1.00 $69.83 $0.00 $0.43 4,751 4,751 $333,793If 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 $0.43 475 831 $60,816Reporting (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 1,875 $73,741Recordkeeping (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 83,137 $5,353,944Update certification if financial assurance mechanismis modified 0.00 0.00 0.50 0.25 0.75 $46.76 $0.00 $0.00 11,877 8,908 $555,369Bankruptcy or Other Incapacity (280.114)Prepare and submit notification ofcommencement of bankruptcy procedures 0.50 0.25 0.50 0.25 1.50 $114.64 $0.00 $0.43 2,375 3,563 $273,287If 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 $0.43 238 417 $30,472Subtotalvaries varies varies varies varies varies varies varies varies 109,882 $7,207,301TOTALvaries varies varies varies varies varies varies varies varies 5,967,937 $743,398,51366EXHIBIT 2ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENSTATE PROGRAM APPROVALHours and Costs Per Respondent Per Activity Total Hours and CostsNumberCapital/ ofRespon. Labor Startup O & M Respon. Total TotalLegal Managerial Technical Clerical Hours/ Cost/ Cost per Cost/ or Hours/ Cost/Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year YearCOMPONENTS 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 20 $943Transmittal 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 5 $215Submit letter to implementing agency 0.00 0.00 0.00 0.10 0.10 $2.63 $0.00 $0.43 1 0.1 $3Description of State Program (281.20(b) and 2801.21)Prepare and submit description of stateprogram 2.00 8.00 80.00 0.00 90.00 $4,233.30 $0.00 $4.20 1 90 $4,238Procedures 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 48 $2,220Memorandum 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 36 $1,591Prepare and submit written MOA with application 6.00 6.00 16.00 4.00 32.00 $1,423.20 $0.00 $4.20 1 32 $1,427Attorney General's Statement (281.25 and 2801.20(f))Draft and submit statement fromAttorney General 47.00 4.00 40.00 2.00 93.00 $4,331.67 $0.00 $4.20 1 93 $4,336Copies 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 27 $1,186Submit 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 0.1 $7Subtotalvaries varies varies varies varies varies varies varies varies 351 $16,166ADEQUATE ENFORCEMENT AND COMPLIANCEReading the RegulationsRead the regulations 1.00 1.00 1.00 0.00 3.00 $141.33 $0.00 $0.00 1 3 $141Sharing 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 40 560 $22,240Submit information to EPA, if requested 0.00 0.00 0.00 0.10 0.10 $2.63 $0.00 $4.20 1 0.1 $7Subtotalvaries varies varies varies varies varies varies varies varies 563 $22,38867EXHIBIT 2 (continued)ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDENSTATE PROGRAM APPROVALHours and Costs Per Respondent Per Activity Total Hours and CostsNumberCapital/ ofRespon. Labor Startup O & M Respon. Total TotalLegal Managerial Technical Clerical Hours/ Cost/ Cost per Cost/ or Hours/ Cost/Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year YearAPPROVAL PROCEDURESReading the RegulationsRead the regulations 1.00 2.00 2.00 0.00 5.00 $235.65 $0.00 $0.00 5 25 $1,178Issue public notice of the development of undergroundstorage tank program 0.00 0.50 0.00 0.25 0.75 $30.23 $0.00 $0.00 1 1 $30Receive and review public comments 0.00 1.00 4.00 0.00 5.00 $235.35 $0.00 $0.00 1 5 $235Collect and submit information on changes in regulations orshifts in responsibilities 2.00 10.00 8.00 5.00 25.00 $1,074.60 $0.00 $4.20 5 125 $5,394Prepare 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 5 210 $9,274Subtotalvaries varies varies varies varies varies varies varies varies 366 $16,111WITHDRAWAL 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 0 $0Gather information for program transfer 2.00 2.00 16.00 8.00 28.00 $1,151.04 $0.00 $0.00 0 0 $0Prepare and submit transfer notification 0.00 0.50 1.00 1.00 2.50 $96.95 $0.00 $0.43 0 0 $0Develop and submit plan for informationtransfer at least 90 days before the transfer 4.00 2.00 8.00 2.00 16.00 $711.30 $0.00 $4.20 0 0 $0Subtotalvaries varies varies varies varies varies varies varies varies 0 $0TOTALvaries varies varies varies varies varies varies varies varies 1,280 $54,665Revision 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))68EXHIBIT 3ANNUAL ESTIMATED AGENCY HOUR AND COST BURDENUST TECHNICAL AND FINANCIAL REQUIREMENTSHours and Costs Per Respondent Per Activity Total Hours and CostsNumberCapital/ ofRespon. Labor Startup O & M Respon. Total TotalLegal Managerial Technical Clerical Hours/ Cost/ Cost Cost or Hours/ Cost/Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year YearUST 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 6,375 $200,260Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 8,500 850 $18,700Subtotalvaries varies varies varies varies varies varies varies varies 7,225 $218,960RELEASE 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 0 $0Subtotalvaries varies varies varies varies varies varies varies varies 0 $0RELEASE REPORTING, INVESTIGATION, AND CONFIRMATIONReview and file information on suspectedreleases 0.00 0.50 2.00 0.50 3.00 $109.00 $0.00 $0.00 12,500 37,500 $1,362,500Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 12,500 1,250 $27,500Review and file information on confirmed releases 0.00 0.50 2.00 0.50 3.00 $109.00 $0.00 $0.00 7,500 22,500 $817,500Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 7,500 750 $16,500Subtotalvaries varies varies varies varies varies varies varies varies 62,000 $2,224,00069EXHIBIT 3 (continued)ANNUAL ESTIMATED AGENCY HOUR AND COST BURDENUST TECHNICAL AND FINANCIAL REQUIREMENTSHours and Costs Per Respondent Per Activity Total Hours and CostsNumberCapital/ ofRespon. Labor Startup O & M Respon. Total TotalLegal Managerial Technical Clerical Hours/ Cost/ Cost Cost or Hours/ Cost/Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year YearRELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCESReceive and review initial response report 0.00 0.00 0.50 0.00 0.50 $18.07 $0.00 $0.00 7,500 3,750 $135,525Enter information into a database 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 7,500 3,750 $82,425Review 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 39,375 $1,511,475Enter information into a database 0.00 0.00 0.00 0.25 0.25 $5.49 $0.00 $0.00 7,500 1,875 $41,175Review and file information on initialsite characterization 0.00 1.00 4.00 0.25 5.25 $201.53 $0.00 $0.00 7,500 39,375 $1,511,475Enter information into a database 0.00 0.00 0.00 0.25 0.25 $5.49 $0.00 $0.00 7,500 1,875 $41,175Review and file free product removal report 0.00 1.00 4.00 0.25 5.25 $201.53 $0.00 $0.00 1,500 7,875 $302,295Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 1,500 150 $3,300Review and file soil and groundwaterinvestigation report 0.00 1.00 4.00 0.25 5.25 $201.53 $0.00 $0.00 5,625 29,531 $1,133,606Enter information into a database 0.00 0.00 0.00 0.25 0.25 $5.49 $0.00 $0.00 5,625 1,406 $30,881Review and file corrective action plan 1.00 2.00 8.00 0.25 11.25 $478.70 $0.00 $0.00 4,500 50,625 $2,154,150Enter information into a database 0.00 0.00 0.00 0.25 0.25 $5.49 $0.00 $0.00 4,500 1,125 $24,705Notify public of the release and the corrective action planthrough an appropriate means 0.00 0.00 1.00 0.25 1.25 $41.63 $0.00 $0.00 4,500 5,625 $187,335Hold 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 45,000 $1,764,315Notify the owner or operator whether plan is approved ordisapproved 0.00 0.25 0.00 0.25 0.50 $18.37 $0.00 $0.43 4,500 2,250 $84,600Review 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 4,500 100,125 $4,283,550Enter information into a database 0.00 0.00 0.00 0.25 0.25 $5.49 $0.00 $0.00 4,500 1,125 $24,705Give public notice if the approved plan fails to achieveestablished cleanup levels, and termination of plan is beingconsidered (failure rate of 5 percent)0.00 0.00 1.00 0.25 1.25 $41.63 $0.00 $0.00 225 281 $9,367Subtotalvaries varies varies varies varies varies varies varies varies 335,118 $13,326,059OUT-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 12,375 $388,740Subtotalvaries varies varies varies varies varies varies varies varies 12,375 $388,74070EXHIBIT 3 (continued)ANNUAL ESTIMATED AGENCY HOUR AND COST BURDENUST TECHNICAL AND FINANCIAL REQUIREMENTSHours and Costs Per Respondent Per Activity Total Hours and CostsNumberCapital/ ofRespon. Labor Startup O & M Respon. Total TotalLegal Managerial Technical Clerical Hours/ Cost/ Cost Cost or Hours/ Cost/Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year YearFINANCIAL RESPONSIBILITYReview and file submitted financial assuranceinformation 0.00 0.00 0.50 0.25 0.75 $23.56 $0.00 $0.00 7,500 5,625 $176,700Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 7,500 750 $16,500Notify 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 2,376 $89,319Review and file notification of failure to obtain alternativefinancial assurance due to cancellation or non-renewal ofpolicy 0.00 0.25 1.00 0.25 1.50 $54.50 $0.00 $0.00 475 713 $25,888Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 475 48 $1,045Review and file notification of commencement of bankruptcyprocedures 0.00 0.25 1.00 0.25 1.50 $54.50 $0.00 $0.00 2,375 3,563 $129,438Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 2,375 238 $5,225Review and file notification of failure to obtain alternativefinancial assurance due to bankruptcy 0.00 0.25 1.00 0.25 1.50 $54.50 $0.00 $0.00 238 357 $12,971Enter financial assurance information into a database0.00 0.00 0.00 0.10 0.10 $2.20 $0.00 $0.00 238 24 $524Subtotalvaries varies varies varies varies varies varies varies varies 13,694 $457,610TOTALvaries varies varies varies varies varies varies varies varies 430,412 $16,615,36971EXHIBIT 4ANNUAL ESTIMATED AGENCY HOUR AND COST BURDENSTATE PROGRAM APPROVALHours and Costs Per Respondent Per Activity Total Hours and CostsNumberCapital/ ofRespon. Labor Startup O & M Respon. Total TotalLegal Managerial Technical Clerical Hours/ Cost/ Cost Cost or Hours/ Cost/Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year YearCOMPONENTS OF A PROGRAM APPLICATIONExamine 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 5 $196Review the complete State program application and tentativelydetermine approval or disapproval for State program 8.00 16.00 40.00 0.00 64.00 $2,918.42 $0.00 $0.00 1 64 $2,918Issue public notice of the tentative decision 0.00 0.50 0.00 0.25 0.75 $31.24 $0.00 $0.00 1 1 $31Receive and review public comments 0.00 1.00 4.00 0.00 5.00 $196.04 $0.00 $0.00 1 5 $196Conduct public hearing, if necessary 0.00 2.00 2.00 0.00 4.00 $175.27 $0.00 $0.00 1 4 $175Make a final decision on approval or disapproval for a Stateprogram 0.00 1.00 4.00 0.00 5.00 $196.04 $0.00 $0.00 1 5 $196Issue notice of the final decision 0.00 0.50 0.00 0.25 0.75 $31.24 $0.00 $0.00 1 1 $31Subtotalvaries varies varies varies varies varies varies varies varies 85 $3,743APPROVAL 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 80 $3,648Issue public notice of the tentative decision 0.00 0.50 0.00 0.25 0.75 $31.24 $0.00 $0.00 5 4 $156Notify State if decision receives negative public comment andeither withdraw the decision or respond to the negative publiccomments0.00 1.00 4.00 0.25 5.25 $201.53 $0.00 $0.43 5 26 $1,010Subtotalvaries varies varies varies varies varies varies varies varies 110 $4,814WITHDRAWAL 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 0 $0Publish notice of the transfer 0.00 0.50 0.00 0.25 0.75 $31.24 $0.00 $0.00 0 0 $0Conduct 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 0 $0Subtotalvaries varies varies varies varies varies varies varies varies 0 $0TOTALvaries varies varies varies varies varies varies varies varies 195 $8,55772

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 appr oval 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 Ag ency 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 approximate ly 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 $16,623,92673

6(f) Reasons for Change in Burden

This ICR presents a comprehensive desc ription of the tota l annual respondent

burden for all information collection activitie s 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, th e 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 conducti ng the activities covere d in this ICR is estimated to average approximately 25 hours per respondent annually. The reporting burden is estimated to average 17 hours per re spondent 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 in cludes 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 ow ner’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 Re quirements 17.17 7.79 0.16 25.12 State Program Approval 14.94 13.51 0.00 28.45

For States applying for program approva l and program revision and for States with approved programs, the total hourly bur den is estimated to average approximately 28 hours per State annually. The reporting burd en is estimated to average approximately 15 hours per respondent per year. This es timate includes time for preparing and submitting an application and associated information. The recordkeeping burden is estimated to average approximately 13.5 hour s 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 di sclose or provide information to or for a Federal agency.74

This includes the time needed to review instru ctions; 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 coll ection techniques, EP A 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 Dock et in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Av e., 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 lega l 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 listi ng 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 Dock ets,” then key in the docket ID number identified above (EPA-HQ-UST-2007-0494). Comme nts 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.