## SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 1360. 12 “UNDERGROUND STORAGE TANKS: TECHNICAL AND FINANCIAL REQUIREMENTS, AND STATE PROGRAM APPROVAL PROCEDURES” February 20 11

### TABLE OF CONTENTS

1. ID ENTIFICATION 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) N eed and Authority for the Collection

................................ ................................ .......... 6 2(b) Practical Utility

and Users of the Data

................................ ................................ ......... 7 3. NONDUPLICATION, CONSULTATIONS, AND OTH ER COLLECTION CRITERIA

.. 8 3(a) Nonduplication

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

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

................................ ................................ ................................ ................. 8 3(d) Effects of Less Frequent Collection

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

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

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

................................ ................................ ................................ ....... 9 4. THE RESPONDENTS AND THE INFORMATION REQUESTE D

................................ ... 9 4(a) Respondents and SI C/NAI CS Codes

................................ ................................ ............ 9 4(b) In formation Requested

................................ ................................ ................................ 12 5. THE INFORMATION COLLECTED

– AGENCY ACTIVITIES, COLLECTI ON METHODOLOGY, AND INFORMATION MANAGEMENT

................................ ......... 41 5(a) Agency

Activities

................................ ................................ ................................ ........ 41 5(b) Collection Methodology and Management

................................ ................................ . 42 5(c) Small Entity

Flexibility

................................ ................................ ............................... 42 5(d) Collection Schedule

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

................. 43 6(a) Estimating Respondent Hours

................................ ................................ ..................... 43 6(b) Estimating Respondent Costs

................................ ................................ ..................... 44 6(c) Estimating Agency

Hour and Cost Burden

................................ ................................ . 46 6(d) Estimating the Respondent Universe and Total Hour and Cost Burden

..................... 46 6(e) Bottom Line Hour and Cost Burden

................................ ................................ ........... 67 6(f) Reasons for Change in Burden

................................ ................................ ................... 67 6(g) Burden Statement

................................ ................................ ................................ ........ 68

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### 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1(a) Title and Number of the Information Collection This Information Collec tion Request (ICR) is entitled “Underground Storage Tanks: Technical and Financial Requirements, and State Program Approval Procedures,” EPA I CR Number 1360. 12

. 1(b) Short Characterization Subtitle Iof the Resource Conservation and Recovery Act (RCRA), as amended, requires the U.S. Environmental Protection Agency (EPA) to develop standards for underground storage tank systems (USTs), as may

be necessary , to protect human health and the environment, and procedures for approving state programs in lieu of the federal program. EPA promulgated technical and financial responsibility requirements for owners and operators of USTs in Title 40 of the Code of Federal Regulations (40 CFR) Part 280, and state program approval procedures at 40 CFR Part 281. This I CR examines the UST information collection requirements of 40 CFR Parts 280 and 281. Sections 1 through 5 of the I CR describe the information collection requirements (e.g., in regard to need and use of the information collected). Section 6 estimates the annual hour and cost burden to respondents and the Agency under these requirements. The ICR presents all 40 CFR Part 280 requirements under the heading “Technical and Financial Responsibility Requirements ” and all 40 CFR Part 281 requirements under the heading “State Program Approval Procedures.” (1) Technical and Financial Responsibility Requirements Sections 9002, 9003 , and 9004 of RCRA specify statutory requirements for new and existing tanks. Subtitle Idirects EPA to develop performance standards co vering the following:

 Program scope and interim prohibition;  UST sy stems: design, construction, installation , and notification;  General operating requirements;  Release detection;  Release reporting, investigation , and confirmation;  Release response and corrective action for UST s ystems containing petroleum or hazardous substances;  Out

- of

- service UST s ys tems and closure; and  Financial responsibility

. The technical and financial responsibility requirements for owners and operators of USTs are found in 40 CFR Part 280. A brief summary of the information collection requirements

### 2



### 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 I CR. (a) Program Scope and Interim Prohibition EPA promulgated requirements for deferred UST sy stems at 40 CFR Part 280, Subpart A. Section 280.11 specifies design requirements for UST sy stems that are not otherwise subject to the 40 CFR Part 280 regulations. These deferred UST sy stems must have corrosion protection unless a corrosion expert determines the site not to be corrosive enough to cause the UST s ys tem to have a release due to corrosion during its operating life. The information collection requirements associated with this interim prohibition are contained at 40 CFR 280.11(a) and (b). (b) UST Systems: Design, Construction, Installation , and Notification EPA promulgated the performance standards for new and existing UST s ys tems at 40 CFR Part 280, Subpart B. Sections 280.20(a) and (b) require USTs to have corrosion protection unless a corrosion expert has determined that the site is not corrosive enough to cause the UST sy stem to have a re lease due to corrosion during its operating life. Section 280.20(e) requires owners and operators to install systems properl y, and complete and submit certification information. Section 280.21 requires periodic inspection of internall y lined tanks. Section 280.22 requires owners and operators to provide notification for all new UST systems. Information collection requirements associated with design, construction, installation , and inspection are contained in the following CFR sections:

 Performance Standards for New UST S ys tems
- Tanks and Piping Without Corrosion Protection (§§280.20(a) and (b));  Certification of Installation (§280.20(e));  Interior Lining ((§280.21(b)(1)); and  Notification Requirements (§280.22). (c) General Operating Requirements E PA promulgated UST general operating requirements at 40 CFR Part 280, Subpart C. In order to comply

with these regulations, owners or operators of USTs must conduct tests and collect, record , and , in some cases, report data to EPA. Information collection requirements associated with the general facility

standards are contained in the following CFR sections:

 Operation and Maintenance of Corrosion Protection (§280.31);  Maintenance of Repair Records (§280.33(f));  Reporting (§280.34(a));  Recordkeeping (§28 0.34(b)); and  Availability

and Maintenance of Records (§280.34(c)).

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### (d) Release Detection EPA promulgated release detection standards at 40 CFR Part 280, Subpart D. Owners and operators must demonstrate the effectiveness of alternative detection systems ; inspect and test release detection systems in accordance with sections 280.43 and 280.44; and maintain records of all sampling, monitoring, testing , and inspections. The information collection requirements associated with release detection are contained in the following CFR sections:

 Release Detection for Tanks (§280.43);  Release Detection for Piping (§280.44); and  Release Detection Recordkeeping (§280.45). (e) Release Reporting, Investigation , and Confirmation EPA promulgated release reporting, inves tigation , and confirmation standards at 40 CFR Part 280, Subpart E. Owners and operators must report suspected releases , report and immediately clean up spills of 25 gallons or more, and report spills and overfills of less than 25 gallons if they cannot b e cleaned up within 24 hours. Specific guidelines for reporting and cleanup of releases can be found at sections 280.50 through 280.53. The information collection requirements associated with release reporting and investigation are contained in the follo wing CFR sections:

 Reporting of Suspected Releases (§280.50); and  Reporting and Cleanup of Spills and Overfills (§280.53). (f) Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances EPA promulgated release re sponse and corrective action requirements at 40 CFR Part 280, Subpart F. Owners and operators must respond and take corrective action for a release b y following procedures described at sections 280.61 through 280.66. Owners and operators must report the release , investigate the phys ical release area, investigate the characteristics of the released product, remove the free product, perform soil and groundwater investigations, draw up and conduct corrective action procedures, maintain records , and submit reports on these procedures to the implementing agency . The information collection requirements associated with release response and corrective action are contained in the following CFR sections:

 Initial Response (§280.61(a));  Initial Abatement Measures and Site Check (§280.62(b));  Initial Site Characterization (§280.63);  Free Product Removal (§280.64);  Investigations for Soil and Groundwater Cleanup (§280.65); and  Corrective Action Plan (§280.66).

### 4



### (g) Out- of

- Service UST Systems and Closure EPA promulgate d closure and out

- of

- service standards at 40 CFR Part 280, Subpart G. Owners and operators must conduct an excavation zone assessment and notify the implementing agency if permanentl y closing a system or changing its service. Records of closed or changed systems must be mailed to the implementing agency or maintained as specified in section 280.74. The information collection requirements associated with UST closure are contained in the following CFR sections:

 Permanent Closure and Changes

- In

- Service N otification (§280.71(a)); and  Closure Records (§280.74). (h) Financial Responsibility EPA promulgated financial responsibility standards at 40 CFR Part 280, Subpart H. Owners and operators may

choose one method or a combination of several methods to satisfy the financial responsibility

requirements of Subpart H. Each method has its own specific submittal or recordkeeping requirements. Generall y, each respondent must obtain and keep on file proof of financial assurance. EPA also may require this inform ation to be submitted. The information collection requirements associated with financial responsibility are contained in the following CFR sections:

 Financial Test of Self

- In surance (§280.95(b) or (c));  Guarantee (§280.96);  Insurance and Risk Retention Group Coverage (§280.97);  Surety

Bond (§280.98);  Letter of Credit (§280.99);  Use of State

- Required Mechanism (§280.100);  State Fund or Other State Assurance (§280.101);  Trust Fund (§280.102);  Standby

Trust Fund (§280.103);  Local Government Bond Rating Tes t (§280.104);  Local Government Financial Test (§280.105);  Local Government Guarantee (§280.106);  Local Government Fund (§280.107);  Substitution of Financial Assurance Mechanisms by Owner or Operator (§280.108);  Cancellation or Nonrenewal by a Provider of F inancial Assurance (§280.109);  Reporting b y Owner or Operator (§280.110);  Recordkeeping (§280.111);  Drawing on Financial Assurance Mechanisms (§280.112); and

### 5



###  Bankruptcy

or Other Incapacity (§280.114). (2) State Program Approval Procedures Under the authority

of section 9004 of RCRA, EPA developed procedures for state s to use when applying for approval to implement a state program in lieu of the federal program. EPA promulgated these regulations at 40 CFR Part 281

. The following subparts contain infor mation collection requirements :

 Components of a Program Application (Subpart B);  Adequate Enforcement of Compliance (Subpart D);  Approval Procedures (Subpart E); and  Withdrawal of Approval of State Programs (Subpart F). A brief summary

of the information collection requirements associated with the state program approval process is provided below. A more specific discussion of the data items and respondent activities associated with each of the information collection requirements is presented in section 4 (b) of this I CR. (a) Components of a Program Application EPA promulgated state program application information requirements at 40 CFR Part 281, Subpart B. A state must gather information, and develop and submit a program application to EPA for review. The application process includes obtaining information from the governor and attorney general , and preparing a description of the program. The information collection requirements associated with applying for state program approval are contained in the fo llowing CFR sections:

 Transmittal Letter (§281.20(a));  Description of State Program (§§281.20(b) and 281.21);  Procedures for Adequate Enforcement (§§281.20(c) and 281.22);  Memorandum of Agreement (§§281.20(e) and 281.24);  Attorney

General ’ s Statement (§§281.20(f) and 281.25); and  Copies of Statutes and Regulations (§281.20(g)). (b) Adequate Enforcement of Compliance EPA promulgated enforcement standards at 40 CFR Part 281, Subpart D. Upon request, a state must submit information from state files regarding the administration of the program. The information collection requirements associated with enforcement and compliance are contained in section 281.43(a), “Sharing of Information.”

### 6



### (c) Approval Procedures EPA promulgated approval procedure requirements at 40 CFR Part 281, Subpart E. Section 281.5 0 (b) specifies that all state s seeking approval to implement a state program in lieu of the federal program must issue a notice for public comment indicating that the state is developing its tank program. A state must also revise its program to satisfy new requirements. The information collection requirements associated with approval procedures for revisions of state programs are contained in sections 281.52(a) and (b), “Revision of Approved State Programs.” (d) Withdrawal of Approval of State Programs EPA promulgated requirements for withdrawal of state program approval at 40 CFR Part 281, Subpart F. A state may , at any time, transfer responsibilities by developing and submitting a plan for infor

mation transfers. The information collection requirements associated with the withdrawal of a state program are contained in section 281.61(a)(1), “Procedures for Withdrawal of Approval of State Programs.” 2. NEED FOR AND USE OF THE COLLECTION 2(a) Need and Authority for the Collection This section describes the need and authority for each type of information collection anal yz ed in this I CR. The ICR covers all aspects of management of UST, owner and operator duties, and state s submitting their own programs for approval, to be administered in lieu of the federal UST program. This data collection is critical for detecting releases from leaking UST sy stems , spills , and overfills. The UST reporting and recordkeeping requirements are intended to yield valu able information on UST systems and to ensure prompt action when release s are detected. (1) Technical and Financial Responsibility Requirements Subtitle Iof RCRA, as amended, contains UST statutory requirements. Section 9002 of RCRA, as amended, dire cts EPA to promulgate notification requirements for new USTs. Submitted notifications help EPA to track the number and location of new USTs and their design specifications. EPA needs to collect this information to ensure that new USTs meet design standards and other requirements. Section 9003(a) through (c) of RCRA, as amended, direct EPA to promulgate technical regulations for all USTs. The regulations include, but are not limited to, requirements for maintaining records of any monitoring or leak detec tion system, requirements for reporting releases and corrective actions taken in response to an UST release, and requirements for the closure of tanks. EPA requires this reporting and recordkeeping to facilitate prompt detection of releases and to prevent future releases of regulated substances into the environment.

### 7



### Section 9003(d) of RCRA, as amended, requires that EPA promulgate regulations for demonstrating financial responsibility for taking corrective action and compensating third parties for bodil y injury

and property

damage caused by

sudden and nonsudden accidental releases from USTs. In order to comply with the regulations, private owners and operators and local government owners and operators must demonstrate financial responsibility using one or a combination of the mechanisms specified at 40 CFR Part 280, Subpart H. The need for financial responsibility

for corrective action and third party liability is evidenced by

numerous instances of environmental damage resulting from regulated substance s 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. (2) State Program Approval Procedures Section 9004 of RCRA, as amended, specifies procedures for state s 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 provid es adequate enforcement of its regulations. EPA needs to collect this information to determine whether a state program can sufficientl y protect human health and the environment. A state must prove that it has the ability to enforce its UST regulations relating to tank management and operations as well as releases. 2(b) Practical Utility and Users of the Data (1) Technical and Financial Responsibility Requirements The data collected for new and existing UST system operations and financial responsibility requirements are used b y the owners and operators and/or EPA or the implementing agency. Data maintained in records are used to monitor results of testing, inspections , and operations of UST sy stems, as well as to demonstrate compliance with regulations

. Notifications and submitted information on technical standards or financial assurance are used b y EPA or the implementing agency to monitor compliance with UST regulations. The financial information is also used in the event of a release to decide whether funds from the L eaking Underground Storage Tank Trust Fund will be used to pay for corrective action. (2) State Program Approval Procedures EPA uses state program applications to determine whether to approve a state program. Before granting approval , EPA must determine that programs will be no less stringent than the federal program and contain adequate enforcement mechanisms. EPA uses each part of the program application to determine how the state program corresponds to the federal program, how the state

### 8



### will administer the program, and how to define and coordinate efforts between EPA and the state
. 3. NONDUPLICATION, CONSULTATIONS , AND OTHER COLLECTION CRITERIA 3(a) Nonduplication Most of the information required b y the UST regulations is not available from any source but the respondents. To avoid duplicating previous work , respondents may draw upon similar analyses in compiling data for UST monitoring, recordkeeping, reporting , and testing requirements, provided the information meets the requirements specified in the regulations. 3(b) Public Notice In compliance with the Paperwork Reduction Act of 1995, EPA issued a 60

- day public notice in the Federal Register on August 10, 2010 (Volume 7 5 , Number 1 53 , Pages 48325

- 48327 ). The public comment period ended on October 12, 2010 . 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 (OMB)

. 3(c) Consultations Most of the underl ying assumptions in this I CR (e.g., burden hour estimates) are based on EPA consultations with industry and state s that were conducted in renewing previous UST I CRs. In renewing this current ICR, EPA carefull y reviewed all of the ICR’s assumptions as well as feedback from industry

and state s and determined that at this time no significant modifications to the existing burden hour estimates were warranted. In conducting its consultations, EPA focused on those assumptions that have the greatest effect on th e I CR’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. During this renewal, EPA conducted its consultations with the following organizations:

Nam e of Organization Nam e of Contact Person Telephone Number Industry Ami Adini & Associates Larry Witwer 323

- 913

- 4073 Cobb Environmental and Technical Services Brian Cobb 662

- 841

- 0995 ECS Mid

- Atlantic Adam Meurer 434

- 973

- 3232 SCS Engineers Scott Mortimer 804

- 378

- 7440 States Missouri Department of Natural Resources , Hazardous Waste Program Laura Luther 573

- 751

- 6822 Nebraska State Fire Marshal, Fuels Safety Division Clark Conklin 402

- 471

- 9467

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### 3( d ) Effects of Less Frequent Collection EPA has carefull y considered the burden imposed upon the regulated community by the information collection requirements covered in this I CR. EPA is confident that those activities required of respondents are necessary ; 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 are not met, neither the facilities nor EPA can ensure that UST s ys tems are being managed in a manner protective of human health and the environment. 3(e) General Guidelines This I CR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB’s implementing regulations, EPA’s I CR Handbook , and other applicable OMB guidance. 3(f) Confidentiality Section 3007(b ) of RCRA and 40 CFR Part 2, Subpart B, which define EPA’s general policy on public disclosure of information, contain provisions for confidentiality. However, the Agency does not anticipate that businesses will assert a claim of confidentiality covering all or part of the requirements covered in this I CR. If such a claim were asserted, EPA must and will treat the information in accordance with the regulations cited above. EPA will also ensure that this information collection complies with the Privacy Ac t of 1974 and OMB Circular 108. 3(g) Sensitive Questions No questions of a sensitive nature are included in any of the UST information collection requirements.
4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4(a) Respondents and SIC/NAICS Codes Th e following is a list of Standard Industrial Classification (SI C) codes and corresponding North American Industrial Classification Sy stem (NAI CS) codes associated with industries most likely affected b y the information collection requirements covered in this I CR.

### 10

SIC Code SIC Code Description NAICS Code NAICS Code Description

2819 Industrial Inorganic Chemicals 211112 Natural Gas Liquid Extraction 325998 All Other Miscellaneous Chemical Product and

Preparation Manufacturing 331311 Alumina Refining 325131 Inorganic Dye and Pigment Manufacturing 325188 All Other Basic Inorganic Chemical Manufacturing 2821 Plastics Materials and Resins 325211 Plastics Material and Resin Manufacturing 2851 Paints and Allied Products 32551 0 Paint and Coating M anufacturing

2869 Industrial Organic Chemicals 32511 0 Petrochemical Manufacturing 325188 All Other Basic Inorganic Chemical Manufacturing 325193 Ethyl Alcohol Manufacturing 32512 0 Industrial Gas Manufacturing 325199 All Other Basic Organic Che mical Manufacturing

2899 Chemical Preparations 32551 0 Paint and Coating Manufacturing 311942 Spice and Extract Manufacturing 325199 All Other Basic Organic Chemical Manufacturing 325998 All Other Miscellaneous Chemical Product and

Preparation Man

ufacturing 2911 Petroleum Refining 32411 0 Petroleum Refineries

3599 Industrial Machinery 336399 All Other Motor Vehicle Parts Manufacturing 332999 All Other Miscellaneous Fabricated Metal Product

Manufacturing 333319 Other Commercial and Service Industry Machinery

Manufacturing 33271 0 Machine Shops 333999 All Other Miscellaneous General Purpose Machinery

Manufacturing

### 11

SIC Code SIC Code Description NAICS Code NAICS Code Description

3714 Motor Vehicle Parts and

Accessories 336211 Motor Vehicle Body Manufacturing 336312 Gasoline Engine and Engine Parts Manufacturing 336322 Other Motor Vehicle Electrical and Electronic

Equipment Manufacturing 33633 0 Motor Vehicle Steering and Suspension Components

(except Spring) Manufacturing 33634 0 Motor Vehicle Brake System Manufacturing 33635 0 Motor Vehicle Transmission and Power Train Parts

Manufacturing 336399 All Other Motor Vehicle Parts Manufacturing

4212 Local Trucking Without Storage 562112 Hazardous Waste Collection 562119 Other Waste Collection 48411 0 General Freight Trucking, Local 4842 1 0 Used Household and Office Goods Moving 48422 0 Specialized Freight (except Used Goods) Trucking,

Local

4911 Electric Services 221111 Hydroelectric Power Generation 221112 Fossil Fuel Electric Power Generation 221113 Nuclear Electric Power Gener ation 221119 Other Electric Power Generation 221121 Electric Bulk Power Transmission and Control 221122 Electric Power Distribution 48621 0 Pipeline Transportation of Natural Gas

5171 Petroleum Bulk Stations and

Terminals 454311 Heating Oil Dealers 454312 Liquefied Petroleum Gas (Bottled Gas) Dealers 42471 0 Petroleum Bulk Stations and Terminals 5511 New

and Used Car Dealers 44111 0 New Car Dealers 5541 Gasoline Service Stations 44711 0 Gasoline Stations with Convenience Store 44719 0 Oth er Gasoline Stations 7538 General Automotive Repair Shops 811111 General Automotive Repair

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### 4(b) Information Requested In the following paragraphs, EPA describes the UST technical and financial responsibility requirements and the state program approval application requirements contained at 40 CFR Parts 280 and 281, respectively

. (1) Technical and Financial Responsibility Requirements Regulations at 40 CFR Part 280 contain technical and financial responsibility requirements for owners and operators of USTs. Part 280 is divided into eight subparts (Subparts A through H). This I CR summarizes the information collection requirements, and associated data items and respondent activities, in the order in which they appear in Part 280, in the following subpar ts:

 Program Scope and Interim Prohibition (Subpart A);  UST Systems: Design, Construction, Installation and Notification (Subpart B);  General Operating Requirements (Subpart C);  Release Detection (Subpart D);  Release Reporting, Investigation and Confirmation (Subpart E);  Release Response and Corrective Action for UST Sy stems Containing Petroleum or Hazardous Substances (Subpart F);  Out

- of

- Service UST Sy stems and Closure (Subpart G); and  Financial Responsibility (Subpart H). (a) Program Scope and Interim P rohibition Interim prohibition requires a new UST sy stem 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 s ys tems, (3) emergency generation systems at a nuclear power generation facility , (4) airport hydrant fuel distribution systems , and (5) field

- constructed tank s ys tems. Section 280. 11(b) requires owners or operators that have installed an UST sy stem without corrosion protection at sites listed above to maintain records documenting that a corrosion expert determined the site was not corrosive enough to cause the UST sy stem to have a release due to corrosion during its operating life. These records of compliance must be maintained for the remaining life of the tank (§280.11(b)). (i) Data Items:

 Records documenting that a corrosion expert determined the site was not corrosive enough to cause the UST system to have a release due to corrosion during its operating life.

### 13



### (ii) Respondent Activities:

 Have a corrosion expert inspect the site; and  Maintain the records demonstrating compliance. (b) UST Systems: Design, Construction, Install ation , and Notification (b1) Performance Standards for New UST Systems - Tanks and Piping Without Corrosion Protection Tanks and piping in contact with the ground that routinely contain regulated substances must have corrosion protection unless a corrosi on expert finds the site to be relatively non - corrosive (§§280.20(a) and (b)). Sections 280.20(a)(4)(i) and (ii) and 280.20(b)(3)(i) and (ii) require owners or operators that have installed an UST s ystem 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 sy stem to have a release due to corrosion during its operating life. These records of compliance must be maintained for the remaining life of the tank and/or piping. (i) Data Items:

 Records documenting that a corrosion expert determined that the site is not corrosive enough to cause the UST system to have a release due to corrosion during its operating life. (ii) Respondent Activities:

 Have a corrosion expert inspect the site; and  Maintain the records demonstrating compliance. (b2) Certification of Installation Section 280.20(e) requires owners and operators to ensure that tanks and piping were installed properl y through certification, testing , or inspection. Owners and operators must demonstrate compliance of proper installation methods by providing a certification of compliance on the UST notification form in accordance with section 280.22 (§280.20(e)). (i) Data Item :

 Certification of compliance of proper installation. (ii) Respondent Activities:

### 14



###  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 10 ye ars after lining and every 5 years thereafter. The purpose of the inspection is to determine whether th e tank is structurall y sound and the lining is still performing in accordance with original design specifications. (i) Data Items:

 Records that show the lined tank to be structurally sound and that the lining is still performing in accordance with original design specifications. (ii) Respondent Activities:

 Conduct internal tank inspection within 10 ye ars after lining and every 5 ye ars thereafter; and  Maintain records. [NOTE: Although section 280.21(b) does not explicitly require maintenance of inspection re cords, the regulations do require the use of a code of practice developed by a nationally recognized association or independent testing laboratory in order to comply with the regulations under this section. Because most of these codes of practice require maintenance of inspection records, EPA has included this burden in this I CR . In addition, EPA notes that the Agency may use these inspection records for enforcement purposes.] (b4) Notification Requirements Section 280.22 describes the notification req uirements for new UST sy stems. All of the information in section s Ithrough 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 additio n, owners and operators selling an UST must notify the purchaser of such tanks of the owner’s notification obligations under section 280.22(a) (§280.22(g)). (i) Data Item:

 Completed notification form that includes:

1 

### As specified at 40 CFR 280.21(a), all open UST systems should have been upgraded by December 22, 1998.

### 15


### o A notice of existence for each tank s ys tem located at a separate place of operation (§§280.22(a) through (d)); o Certificate of compliance with installation, cathodic protection, financial responsibility, and release detection requirements (§§280.22(e) and (f)); 2 

### and o Notice to purchaser of an UST of the owner’s notification obligations (§280.22(g)). (ii) Respondent Activities:

 Prepare and submit notification form within 30 days of bringing an UST system into use; and  Notify

purchaser of an UST of the owner’s notification obligations. (c) Genera l Operating Requirements (c1) Operation and Maintenance of Corrosion Protection Owners and operators with cathodicall y-protected steel UST systems must periodicall y inspect their systems and conduct periodic tests by a qualified cathodic protection test er. Sections 280.31(d)(1) and (2) require owners and operators to maintain records that demonstrate compliance with performance standards for UST systems using cathodic protection. (i) Data Items:

 Records that demonstrate compliance with performance standards for UST systems using cathodic protection, including: o For all tanks with cathodic protection, results of testing from the last two inspections of the cathodic protection s ys tem (§§280.31(b)(1) and (2)); and o For tanks using impressed cathodic protec tion systems, results of the last three inspections of the cathodic protection equipment on UST sy stems (§280.31(c)).

2 

### Note that this section only includes the burden for compiling these data items, not for obtaining them. The burden associated with obtaining these data items is covered in other parts of the ICR under section 280.20(e) (certification of installation), sections 280.20(a) and (b) (cathodic protection of steel tanks and piping), sections 280.95 through 280.114 (financial responsibility), and sections 280.40 through 280.45 (release detection).

### 16



### (ii) Respondent Activities:

 Have a qualified cathodic protection tester conduct the test for all cathodic protection systems within six months of installation, at least every three ye ars thereafter, and within six months of the repair of any cathodicall y protected UST system (§280.33(e));  Conduct the inspection for impressed current cathodic protection s ys tems every 60 days; and  Maintain records. (c2) Maintenance of Repair Records Section 280.33(f) requires owners and operators to maintain records of each repair for the operating life of the UST system. These records must demonstrate that repairs will prevent releases due to structural failure or corrosion as long as the UST sy stem is used to store regulated substances (§280.33(f)). (i) Data Items:

 Records of each repair for the operating life of the UST system. (ii) Respondent Activities:

 Gather information on each repair;  Conduct tightness testing 30 day s after repair in accordance with sections 280.43(c) and 280.44(b), except as provided in sections 280.33(d)(1) through 280.33(d)(3) (§280.33(d)); and  Maintain records. (c3) Reporting Section 280.34(a) requires owners and operators to cooperate full y with the implementing agency concerning submission of information. Owners and operators must submit to the implementing agency

the information gathered and requested in sections 280.20(e), 280.22, 280.50, 280.53, 280.61, 280.62, 28 0.63, 280.64, 280.65, 280.66 , and 280.71. Data items and respondent activities, as well as the associated hour and cost burden, are specified and covered in each of the respective sections (§280.34(a)).

### 17



### (c4) Recordkeeping Sections 280.34(b) and (c) re quire owners and operators to cooperate fully with the implementing agency

concerning the recordkeeping, availability , and maintenance of information. Owners and operators must maintain the information requested in sections 280.20(a)(4), 280.20(b)(3), 280 .31, 280.33(f), 280.45, 280.74. Data items and respondent activities, as well as the associated hour and cost burden, are specified and covered in each of the respective sections. (d) Release Detection (d1) General Requirements for All UST Systems Sec tion 280.40 outlines release detection requirements that are applicable to all UST systems. Section 280.40 also provides that, when a release detection method indicates that a release may have occurred, owners and operators must notify the implementing ag ency in accordance with Subpart E. Data items and respondent activities associated with release detection requirements are covered under sections 280.43, 280.44 , and 280.45. Data items and respondent activities associated with the reporting of suspected releases are covered in the subsequent section, “Release Reporting, Investigation , and Confirmation” (40 CFR Part 280, Subpart E). (d2) Release Detection for Tanks Section 280.43 specifies methods that UST owners and operators may use to meet the releas e detection requirements for tanks at section 280.41(a). Owners and operators are required to record results of measurements or tests indicating whether a release has or has not occurred. (i) Data Items:

 Records of inventory

control, including the fol lowing: o Inventory

volume measurements for regulated substance inputs, withdrawals , and remaining substance for each operating day (§§280.43(a)(1) and (3)); o Records of product dispensing, recorded to local standards for meter calibration or within six cubic inches for every five gallons withdrawn (§280.43(a)(5)); and o Records of measurements of any water level in the bottom of the tank, to the nearest one

- eighth inch, at least once per month (§280.43(a)(6));

### 18


### o Records of manual tank gauging, 3 

### including weekly r ecords of tank liquid level measurements, taken at the beginning and end of a minimum time period during which the contents of the tank are not disturbed (§280.43(b)(1)); o Records of tank tightness testing that demonstrate that testing is capable of detecting a 0.1 gallon per hour leak rate (§280.43(c)); o Records of automatic tank gauging tests, including the following:
 Monthly

automatic product level monitor tests (§280.43(d)(1)); and
 For automatic tank gauging s ys tems that do not meet the performance standard found in section 280.40(a)(3), records of inventory control (or another test of equivalent performance, conducted in accordance with the requirements of section 280.43(a) (§280.43(d)(2)) ) ; o Monthly

records of vapor monitoring within the soil gas of the e xcavation zone (§280.43(e)); o Monthly

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

records of interstitial monitoring between the UST sy stem and a secondary barrier immediately

around or beneath it (§280.43(g)); and/or o A demonstration for another release detection method (§280.43(h)(2)); and o Monthly

records of another approved release detection method, if necessary (§280.43(h)(2)). (ii) Respondent Activities:

 If using inventory

control, record delivery , dispensing , and inventory measurements each operating day , reconcile measurements monthly , record monthly water level measurements , and perform tank tightness testing; 4


###  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; 5

3 

### Tanks exceeding a 2,000

- gallon capacity may not use this method of release detection (also see previous footnote).

4 

### If an UST system meets the performance standards in section 280.20 or section 280.21, product inventory control may be used in conjunction with tank tightness testing every 5 years until 10 years after installation of the tank (see §280 .41(a)(1)).

5 

### See previous footnote.

### 19



###  If using manual tank gauging onl y (i.e., without tank tightness testing), record two consecutive tank liquid level measurements at the beginning and ending of a minimum time period each week , and reconcile measurements monthly ;  If using automatic tank gauging, record results of monthly automatic product level monitoring tests , and , if necessary , dail y inventory volume measurements;  If using va

por monitoring, record results of monthly vapor monitoring;  If using groundwater monitoring, record results of monthly groundwater monitoring;  If using interstitial monitoring, record results of monthly interstitial monitoring; and/or  If wishing to use an alternative technology , prepare , and submit a demonstration for an alternative release detection method and, if necessary , record monthly results. (d3) Release Detection for Piping Section 280.44 specifies methods that UST owners and operators may use t o meet the release detection requirements for piping at section 280.41(b). Owners and operators are required to maintain the following types of measurement records to demonstrate compliance. (i) Data Items:

 Records of an annual automatic line leak detector test conducted according to the manufacturer ’ s requirements (§280.44(a)); and either,  Records from a line tightness test conducted per section 280.44(b); or  Records from any of the methods identified in sections 280.43(e) through (h) (as described ab ove for tanks) if they are designed to detect a release from any portion of the underground piping that routinel y contains regulated substances (§280.44(c)). [Burden associated with this requirement is already covered in the Release Detection for Tanks sub section above.] (ii) Respondent Activities:

 Conduct and record annual test of the operation of the automatic line leak detector in accordance with the manufacturer’s requirements; and either  Conduct and record results of an annual line tightness test; 6 

### o r

6 

### Based on program experience, EPA believes that approximately 84 percent of the lines are pressurized and 16 percent are suction lines. However, EPA was unable to estimate the number of suction lines which require leak detection monitoring and use three

-year line tightness testing. Therefore, this ICR assumes that all lines used are pressurized piping for line tightness testing calculations. Because suction lines do not have to comply with certain leak detection requirements, this ICR overestimates the burden for this section.

### 20



###  Conduct and record results of monthly monitoring. 7 

### (d4) Release Detection Recordkeeping Section 280.45 requires that owners and operators maintain records which contain information about each release detection system in place at an UST system. (i) Data Items:

 All written performance claims about any s ys tem used, and the way the claims were justified or tested by the manufacturer or installer (§280.45(a));  Results of any

sampling, testing , or monitoring (§280.45(b));  Written documentation of all cal ibration, maintenance , and repair of any release detection system located permanentl y on site (§280.45(c)); and  Any schedule of required calibration , and maintenance provided by the equipment manufacturer (§280.45(c)). (ii) Respondent Activities:

 Maintain records for the periods of time as follows: o Performance claims

- five years from date of installation, unless implementing agency

advises otherwise; o Sampling, testing , or monitoring results

- one ye ar unless implementing agency advises otherwise, except for tank tightness testing, in which case records are to be maintained until the next test is conducted; o Documentation of all calibrations, maintenance , and repairs

- one year after servicing was completed, unless implementing agency advises otherwise; an d o Manufacturer calibration and maintenance schedules

- five ye ars from date of installation. (e) Release Reporting, Investigation , and Confirmation (e1) Reporting of Suspected Releases Section 280.50 requires owners and operators to report within 24 ho urs to the implementing agency if a release is suspected and the release exceeds 25 gallons (or for hazardous substances that exceed the reportable quantity), or if a smaller release cannot be cleaned up within 24 hours.

7 

### The burden associated with monthly monitoring is covered in other parts of the ICR under sections 280.43 (e) (vapor monitoring), 280.43 (f) (groundwater monitoring), 280.43 (g) (interstitial monitoring), and 280.43 (h) (other methods).

### 21



### (i) Data Items:

 In formation on a discovery of released regulated substances at the UST site or surrounding area (§280.50(a));  In formation on unusual operating conditions, unless sy stem equipment is found to be defective but not leaking, and is immediatel y repaired (§280.50(b)); and  Monito ring results from a release detection method required under sections 280.41 and 280.42 that indicate a release may have occurred, unless (1) a monitoring device is found to be defective, and upon repair, re

- calibration , or replacement, does not confirm a release, or (2) a second month of data from inventory control does not confirm the initial result (§§280.50(c)(1) and (2)). (ii) Respondent Activities:

 Gather information on the suspected release; and  Report the suspected release. (e2) Reporting and Cleanup of Spills and Overfills Sections 280.53(a) through (b) require owners and operators to immediately contain and clean up a spill or overfill, and to report certain releases. Owners and operators must report to the implementing agency

within 24 hours, or another reasonable time period specified b y the implementing agency , in the following cases:

 Spill or overfill that results in a release to the environment that exceeds 25 gallons or another reasonable amount as specified b y the implementing agency , o r that causes a sheen on nearb y surface water (§280.53(a)(1)); and  Spill or overfill of a hazardous substance that equals or exceeds its reportable quantity under CERCLA (40 CFR Part 302) (§280.53(a)(2)). In addition, owners and operators must contain and immediately cleanup a spill or overfill of petroleum that is less than 25 gallons or another reasonable amount specified by the implementing agency , and a spill of a hazardous substances that is less than the reportable quantity

. If cleanup cannot be accomplished within 24 hours, or another reasonable time period specified by the implementing agency , owners and operators must immediately notify the implementing agency . (i) Data Items:

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

under CERCLA; and

### 22



###  Notification of spill or overfill of less than 25 gallons, if it cannot be cleaned up within 24 hours. (ii) Respondent Activities:

 Report spill or overfill within 24 hours if over 25 gallons or the reportabl e quantity ; and  Notify

the implementing agency if unable to cleanup a spill less than 25 gallons or the reportable quantity

. 8 

### (f) Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances (f1) Initial Response Upon confirmation of a release in accordance with section 280.52 or another procedure, owners and operators must conduct initial response actions within 24 hours of a release or within another reasonable time period determined b y the implementing agency

. The initial response is a release report, which may

be submitted to the implementing agency by telephone or electronic mail (§280.61(a)). (i) Data Item:

 Release report. (ii) Respondent Activity :

 Report the release to the implementing agency (e.g., b y t elephone or electronic mail). (f2) Initial Abatement Measures Report and Site Check Section 280.62(b) requires owners and operators to submit within 20 days, or another reasonable period of time determined by the implementing agency , a report summariz ing initial abatement steps taken and any resulting information or data in accordance with section 280.62(a). (i) Data Item:

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

8 

### Spill and overfill reporting specified in sections 280.53(a) through (b) represents a subset of similar reporting that must be initiated for all releases meeting certain criteria; in this ICR, these burdens are covered under section 280.50.

### 23



### (ii) Respondent Activities:

 Gather information during initial abatement; and  Prepare and submit a summary report of initial abatement steps. (f3) Initial Site Characterization Section 280.63 requires owners and operators to assemble information about the site and the nature of the release, including information from initial abatement measures in sections 280.60 and 280.61. Under section 280.63(b), the information collected must be submitted to the implementing agency

within 45 days of the release confirmation or another reasonable period of time determined b y the implementing agency , in a manner that demonstrates its applicability and technical adequacy , or in a format and according to the schedule required by the implementing agency . (i) Data Items:

 Data on the nature and estimated quantity of release (§280.6 3(a)(1));  Data on surrounding populations, water quality, use and locations of wells, subsurface soil conditions, locations of subsurface sewers, climatological conditions , and land use (§280.63(a)(2));  Results of the site check under section 280.62(a)(5) (§280.63(a)(3)); and  Results of free product investigations under section 280.62(a)(6) (§280.63(a)(4)). (ii) Respondent Activities:

 Gather information for the initial site characterization; and  Prepare and submit information per implementing agency instr uctions. (f4) Free Product Removal Section 280.64 requires owners and operators to remove free product to the maximum extent practicable if investigations under section 280.62(a)(6) indicate that removal is warranted. Under section 280.64(d), owners and operators must assemble information and prepare and submit a free product removal report within 45 days after confirmation of a release. (i) Data Items:

 Names of people responsible for free product removal measures (§280.64(d)(1));  Estimated quantity , ty pe , and thickness of free product observed or measured (§280.64(d)(2));  Ty pe of recovery

s ys tem used (§280.64(d)(3));

### 24



###  Location of discharge, if any (§280.64(d)(4));  Ty pe of treatment applied to, and effluent quality expected from, any discharge (§280.64( d)(5));  Steps that have been or are being taken to obtain permits for discharges (§280.64(d)(6)); and  Disposition of recovered free product (§280.64(d)(7)). (ii) Respondent Activities:

 Gather information for free product removal report; and  Prepare and s ubmit report. (f5) Investigations for Soil and Groundwater Cleanup Section 280.65 requires owners and operators to conduct investigations of soil and groundwater if any of the following conditions exist: (1) there is evidence that groundwater wells have been affected; (2) free product is found; (3) there is evidence of contaminated soils in contact with groundwater; or (4) there are potential effects of soil or groundwater on nearby surface water and groundwater resources. Under section 280.65(b), owner s and operators must submit information covering the release, the release site and the area affected by the release after investigating the impacts of the release on the soils and groundwater. The information must be collected and submitted within a reaso nable time established b y the implementing agency if the conditions in sections 280.65(a)(1) through (4) exist. (i) Data Item:

 In formation on soil and groundwater impacts of release. (ii) Respondent Activities:

 Gather information from soil and groundw ater cleanup investigations; and  Submit collected information. (f6) Corrective Action Plan Section 280.66 specifies corrective action requirements for USTs. The implementing agency may require owners and operators to submit additional information or a corrective action plan for responding to contaminated soils or groundwater. Upon approval, owners and operators must implement the plan and report the results of implementation. In addition, in order to keep contamination at a site to a minimum, owners and operators may begin cleanup prior to plan approval b y notifying the implementing agency of the intention to begin cleanup and including the cleanup measures in the corrective action plan, provided they compl y with any conditions

### 25



### imposed by

the implementing agency and incorporate self

- initiated cleanup measures into the corrective action plan. (i) Data Items:

 Additional information or a corrective action plan for responding to contaminated soils or groundwater ;  Notification of commencing cleanup prior to obtaining corrective action plan approval; and  A report on the results of implementing the plan. (ii) Respondent Activities:

 Prepare and submit a corrective action plan or additional information;  If applicable, notify

the implementing agency of early c leanup; and  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 de cision to permanentl y close or make a change

- in

- service at an UST s ys tem. The notification must be made at least 30 days prior to beginning permanent closure or change

- in

- service actions. The notification can be made using section X of the general notifi cation form, available on OUST’s website. 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:

 Notification of close or change

- in

- service at an UST system. (ii) Respondent Activities:

 Notify

the implementing agency of permanent closure or a change

- in

- service; and  Conduct excavation zone assessment. (g2) Closure Records Section 280.74 requires owners and operators to maintain records in accordance with section 280.34 that are capable of showing compliance with closure requirements. Owners and operators also are required to maintain result s of the excavation zone assessment required in

### 26



### section 280.72 for at least three years af ter completion of permanent closure or change

- in

service. (i) Data Items:

 Records showing compliance with closure requirements (§280.74). (ii) Respondent Activities:

 Maintain closure records after permanent closure or a change

- in

- service for at least three ye ars after the results of the excavation zone assessment are obtained; or  Mail the records to the implementing agency if the records cannot be maintained at the closed UST site. (h) Financial Responsibility (h1) Financial Responsibility Mechanisms 40 CFR Part 280, Subpart H financial responsibility requirements appl y to all owners of petroleum USTs, except those exempted in sections 280.10(b) and (c), as specified b y section 280.90(d). Owners of existing USTs, except for local government entities, were required to comply with the financial responsibility requirements by

the dates specified in section 280.91. An owner or operator may use any one or combination of the mechanisms listed in sections 280.95 through 280.103 to demonstrate financial resp onsibility . In addition to these options, a local government operator may use any one or a combination of the mechanisms listed in sections 280.104 through 280.107. Each of these options is described in detail below in Subsections (2) through (14). [NOT E: This I CR aggregates the burden associated with each of these financial mechanisms; the reporting burden for financial responsibility requirements is presented under section 280.110 and the recordkeeping burden is presented under section 280.111.] Fin ancial Test of Self Assurance Section 280.95 outlines the procedures for a financial test of self assurance as a means of satisfying the financial responsibility requirements. Owners and operators have the option of meeting the criteria specified in eith er section 280.95(b) or 280.95(c). (i) Data Items: The section 280.95(b) criteria require the following data items:

### 27



###  A letter signed b y the Chief Financial Officer (CFO), worded exactly as in section 280.95(d) (§280.95(b)(3)); and  Annual financial statements (§280.95(b)(4)(i)) or annual tangible net worth statements (§280.95(b)(4)(ii)). The section 280.95(c) criteria require the following data items:

 Fiscal ye ar- end financial statements of the owner or operator, or the guarantor, and an independent cer

tified public accountant (CPA) report (§280.95(c)(2));  A letter signed b y the CFO, worded exactly as in section 280.95(d) (§280.95(c)(4)); and  A special report from an independent CPA, if annual financial statements were not submitted to the Securities and Exchange Commission , Energy Information Administration , or Rural Electrification Administration (§280.95(c)(5)). The implementing agency also may require the following data items to be submitted at any time:

 Reports of financial condition (§280.95(f)); and  A notification of failure to find alternate financial assurance, if the owner or operator cannot find such assurance within 150 day s of finding that he or she cannot meet the requirements of the financial test, or within 30 day s of notice from the imp lementing agency (§280.95(g)). (ii) Respondent Activities:

 Obtain and keep on file a signed and dated letter from the CFO;  File financial statements annually with the U.S. Securities and Exchange Commission, Energy

Information Administration , or Rural El ectrification System; or report annually the tangible net worth to Dun and Bradstreet; and  Maintain current financial condition records. Owners and operators demonstrating the financial test under section 280.95(c) must conduct the following activities:

 Have an independent CPA examine financial statement and prepare a report;  Obtain and keep on file a signed and dated letter from the CFO;  Obtain a special report from an independent CPA if annual financial statements were not submitted to the SEC, Energy Information Administration , or Rural Electrification Administration; and  Maintain current financial condition records. Owners and operators also may have to perform the following activities:

### 28



###  Submit current financial condition reports, if requested by the implementing agency ; and  Notify

implementing agency

within 10 days if owner or operator fails to obtain alternative financial assurance within 150 days of discovering, or within 30 days of being notified b y the implementing agency , that he or she no longer meets the financial test. [NOTE: This I CR covers the burden associated with these activities under section 280.110 (reporting) and section 280.111 (recordkeeping).] Guarantee Section 280.96 outlines the procedures for obtaining a guarantee as a mean s of satisfying the financial responsibility

requirements. (i) Data Items:

 A letter from the CFO of the guarantor, as worded in section 280.95(d) (§280.96(a));  A guarantee, as specified in section 280.96(c); and  A standby

trust agreement worded exactly as in section 280.103(b) (§280.96(d)). [The trust agreement burden is covered subsequently in this I CR.] (ii) Respondent Activities:

 Obtain and keep on file a letter from the CFO of the guarantor; and  Obtain and keep on file a guarantee from the guarantor. [NOTE: This I CR covers the burden associated with these activities under section 280.111 (recordkeeping).] Insurance and Risk Retention Group Coverage Section 280.97 outlines the procedures for obtaining liability insurance as a means of satisfying the financial responsibility requirements. (i) Data Item:

 Insurance or risk retention group coverage policy with endorsement amendment (§§280.97(a) through (b)).

### 29



### (ii) Respondent Activities:

 Obtain and keep on file an insurance or risk retention group coverage policy. [NOTE: This I CR covers the burden associated with this activity under section 280.111 (recordkeeping).] Surety Bond Section 280.98 outlines the procedures for obtaining a surety bond as a means of satisfying the financial responsibil ity

requirements. (i) Data Items:

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

trust agreement worded exactly as in section 280.103(b) (§280.9 8(d)). [The trust agreement burdened is covered subsequently in this I CR.] (ii) Respo ndent Activities:

 Obtain and keep on file a copy of the surety

bond. [NOTE: This I CR covers the burden associated with this activity under section 280.111 (recordkeeping).] Letter of Credit Section 280.99 outlines the procedures for obtaining a letter of credit as a means of satisfying the financial responsibility

requirements. (i) Data Items:

 An irrevocable standb y l etter of credit worded exactly as in section 280.99(b); and  A standby

trust agreement worded exactly as in section 280.103(b) (§280.9 9(c)). [The trust agreement burden is cover ed subsequently in this I CR.] (ii) Respondent Activities:

 Maintain and keep on file the irrevocable standb y letter of credit. [NOTE: This I CR covers the burden associated with this activity under section 280 .111 (recordkeeping).]

### 30



### Use of State - Required Mechanisms Section 280.100 allows UST owners and operators in state s without program approval to satisfy the requirements of section 280.93 by using a state
- required financial mechanism, if approved b y the EP A region. The owner or operator, state , or any other party may

request approval

. (i) Data Items:

 A written petition requesting that one or more of the state
- required mechanisms be considered for meeting section 280.93 requirements (§280.100(c));  Copies of state statutory and regulatory

requirements and amounts of funds for coverage (§280.100(c)); and  Additional information, as deemed necessary by the region (§280.100(c)). (ii) Respondent Activities:

 Prepare and submit the petition package; and  Retain a cop y of the petition package. [NOTE: This I CR covers the burden associated with these activities under section 280.110 (reporting) and section 280.111 (recordkeeping).] State Fund or Other State Assurance Section 280.101 allows UST owners and operators in state s without program approval to satisfy the requirements of section 280.93 by using a state fund or other state assurance, if approved by the EPA region . To satisfy the requirements of section 280.93, the owner or operator must obtain a letter or certificate from the state
. (i) Data Item:

 A letter or certificate issued by the state containing: (1) the facility ’s name and address and (2) the amount of funds for corrective action and/or for compensating third parties that is assured by the stat e (§280.101(d)). (ii) Respondent Activities:

 Obtain and keep on file a letter or certificate from the state
. [NOTE: This I CR covers the burden associated with this activity under section 280.111 (recordkeeping).]

### 31



### Trust Fund Section 280.102 outline s the procedures for using a trust fund as a means of satisfying the financial responsibility

requirements. (i) Data Items:

 A trust agreement worded exactly as in section 280.103(b)(1), accompanied by formal certification of acknowledgment as specified in section 280.103(b)(2) (§280.102(b)); and  If the value of the trust fund is greater than the required amount of coverage, or if other financial assurance is substituted, a written request for the release of excess funds (§§280.102(d) through (e)). (ii) Respondent Activities:

 Release report.  Prepare and keep on file the trust agreement and formal certification of acknowledgment; and  Prepare and submit written request for release of excess funds, if applicable. [NOTE: This I CR covers the burden associated with these activities under section 280.110 (reporting) and section 280.111 (recordkeeping).] Standby Trust Fund Section 280.103 outlines the procedures for using a standby trust fund as a means of satisfying the financial responsibility requirement s. Owners and operators using mechanisms described in sections 280.96, 280.98 , and 280.99 must establish a standby trust fund in addition to satisfying the other requirements of those sections. (i) Data Items:

 A trust agreement worded exactly as in sec tion 280.103(b)(1) accompanied by formal certification of acknowledgment as specified in section 280.103(b)(2). (ii) Respondent Activities:

 Prepare and keep on file the standby trust fund agreement and any amendments. [NOTE: This I CR covers the burden associated with this activity under section 280.111 (recordkeeping).]

### 32



### Local Government Bond Rating Test Section 280.104 states that a general purpose local government owner or operator and/or a local government as a guarantor may satisfy the requirements of section 280.93 by having outstanding issues of bonds of $1 million or more. (i) Data Items:

 A cop y of the owner or operator’s bond rating of the past 12 months by Moody’s or Standard and Poor’s (§280.104(c));  A letter from the CFO exactly as 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  Current records of financial condition (§280.104(f)). (ii) Respondent Activities:

 Maintain current cop y of bond ratings;  Prepare and keep on file a signed letter from the CFO; and  If requested, prepare and submit records of current financial conditions. [NOTE: This I CR covers the burden a ssociated with these activities under section 280.110 (reporting) and section 280.111 (recordkeeping).] Local Government Financial Test Section 280.105 states that a local government UST owner or operator may satisfy the requirements of section 280.93 b y passing a financial test. (i) Data Items:

 Financial statements for the latest completed fiscal year with information on the following (§280.105(b)(1)): o Total revenues; o Total expenditures; o Local revenues; o Debt service; o Total funds; and o Population serve d by

the local government.  Letter from CFO exactly as stated in section 280.105(c) (§280.105(b)(3));  Current records of financial condition (§280.105(e)); and

### 33



###  Notice within 10 days of failure to obtain alternate assurance, if the owner or operator no longe r meets the financial test requirements (§280.105(f)). (ii) Respondent Activities:

 Maintain a cop y of the financial statements for the last completed fiscal year;  Prepare and keep on file a signed letter from the CFO;  If requested, prepare and submit re cords of current financial conditions;  Notify

implementing agency

within 10 days if owner or operator fails to obtain alternative financial assurance within 150 days of discovering, or within 30 days of being notified b y the implementing agency , that he or she no longer meets the financial test requirements. [NOTE: This I CR covers the burden associated with these activities under section 280.110 (reporting) and section 280.111 (recordkeeping).] Local Government Guarantee A local government owner or operator may satisfy the requirements of section 280.93 by obtaining a guarantee as specified in section 280.106. The guarantor must be the state in which the local government owner or operator is located or a local government having a “substantial governm ental relationship” with the owner of operator. (i) Data Items:

 A demonstration of meeting the bond rating test of section 280.104 and a copy of the CFO letter in section 280.104(c) (§280.106(a)(1)); or  A demonstration of meeting the worksheet test requirements of section 280.105 and a cop y of the CFO letter in section 280.105(c) (§280.106(a)(2)); or  A demonstration of meeting the local government fund requirements of section 280.107(a), 280.107(b) , or 280.107(c) and a cop y of the CFO letter in section 2 80.107 (§280.106(a)(3));  If necessary , a notice of inability to demonstrate financial assurance (§280.106(b)); and  Guarantee worded exactly as stated in section 280.106(d) or (e), depending on which of the alternative guarantee arrangements is selected (§2 80.106(c)). (ii) Respondent Activities:

 Prepare and keep on file a demonstration meeting the requirements of section 280.104, 280.105 , or 280.107(a) through (c) and a signed letter from the CFO;  If necessary , prepare and submit a notice of inability to meet financial assurance requirements; and

### 34



###  Obtain and keep on file a guarantee agreement. [NOTE: This I CR covers the burden associated with these activities under section 280.110 (reporting) and section 280.111 (recordkeeping).] Local Government Fund Section 280.107 states that a local government owner or operator may satisfy the requirements of section 280.93 by

establishing a dedicated fund account. The fund is dedicated to pay for corrective action and for compensating third parties in the event of accidental releases from petroleum USTs. (i) Data Items:

 A signed letter from the local government’s CFO and/or guarantor, worded exactly as stated in section 280.107(d);  A cop y of the constitutional provision or local government statute, charter, ordinance or order dedicating the fund (§§280.107(d) and 280.111(b)(9)(i));  Year

- end financial statements for the most recent year, and the previous year’s balance, if applicable (§§280.107(d) and 280.111(b)(9)(ii)); and  If an owner or operator is using incr emental funding backed b y bonding authority , results of a voter referendum or an attestation b y the state attorney general (§§280.107(c)(2) and 280.111(b)(9)(iii)). (ii) Respondent Activities:

 Obtain and keep on file a signed letter(s) from the CFO and/or the guarantor;  Maintain a cop y of the statute or other mandate dedicating the fund;  Maintain all year- end financial statements; and  Maintain documentation of the bonding authority , including either the results of a voter referendum or attestation by the state attorney

general ; [NOTE: This I CR presents the burden associated with these activities under section 280.111 (recordkeeping).] Substitution of Financial Assurance Mechanisms by the Owner or Operator Section 280.108(b) states that an owner or operator may cancel a financial assurance mechanism after obtaining alternate financial assurance. (i) Data Item:

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

### 35



### (ii) Respondent Activities:

 Prepare and submit a notice of alter nate financial assurance to the original financial assurance provider. [NOTE: This I CR covers the burden associated with this activity under section 280.110 (reporting) and section 280.111 (recordkeeping).] (h2) Cancellation or Nonrenewal by a Provider of Financial Assurance A provider of financial assurance may cancel or fail to renew an assurance mechanism according to the procedures outlined in section 280.109. The data item associated with such an action is a notice of termination, which is submitted to the UST owner or operator. If alternate financial coverage is not obtained within 60 days of being notified of the termination, owners or operators must inform the implementing agency of the failure to obtain coverage. (i) Data Items:

 Notice of termination to UST owner or operator (§280.109(a));  Notice of failure to obtain alternate coverage to the implementing agency ; o Name and address of the provider of financ ial assurance (§280.109(b)(1)); o Effective date of the termination (§280.109(b)(2)); and o Evidence of the financial assurance mechanism subject to termination (§280.109(b)(3)). (ii) Respondent Activities:

 Prepare and submit a notice of termination;  Prepare and submit to the implementing agency a notification if unable to obtain alternate cov erage within 60 days of receiving a notice of termination. (h3) Reporting Section 280.110 establishes financial responsibility reporting requirements for owners and operators who: (1) identify a reportable UST release; or (2) fail to obtain alternative coverage. (i) Data Item:

 Report of the appropriate forms listed in section 280.111(b). (ii) Respondent Activities:

### 36



###  Gather and submit forms listed in section 280.111(b) to the implementing agency documenting current evidence of financial responsibility

. (h4) Recordkeeping Section 280.111(b)(11) requires an owner or operator to maintain an updated copy of a certification of financial responsibility, as worded in section 280.111(b)(11)(i). (i) Data Item:

 Record of updated certification of financial re sponsibility

. (ii) Respondent Activities:

 Prepare and keep on file a certification of financial responsibility ; and  Update the certification whenever the financial assurance mechanism is modified. [NOTE: This is the only

recordkeeping requirement under section 280.111 that is not covered elsewhere in this I CR Supporting Statement. All other recordkeeping requirements under section 280.111 (i.e., 40 CFR 280.111(b)(1)

- (b)(10)) are covered under each section of the regulations in which the paperwork is generated.] (h5) Bankruptcy or Other Incapacity Section 280.114 sets forth notification requirements regarding bankruptcy or other incapacities for UST owners and operators, and providers of financial assurance. Data items associated with these requirements must be submitted within 10 days after commencement of bankruptcy proceedings: (i) Data Items:

 For owners and operators, a notification to the implementing agency of commencement of bankruptcy proceedings and forms listed in section 280.111(b) documenting current financial responsibility (§280.114(a));  For financial assurance providers, a notice to the UST owner or operator of commencement of bankruptcy proceedings as required under the terms of the guarantee specified in section 280.96 (§280.114(b));  For local government owners and operators, a notification to the implementing agency of commencement of bankruptcy proceedings and forms documenting current financial responsibility (§280.114(c));  For local government financial assurance providers, a noti ce to the local government owner or operator of commencement of bankruptcy proceedings and forms documenting current financial responsibility (§280.114(d)); and

### 37



###  For owners and operators who are unable to obtain alternate financial assurance within 30 days after receiving notice of bankruptcy from a provider, a notice to the implementing agency of such failure (§280.114(e)). (ii) Respondent Activities:

 Prepare and submit a notification within 10 days of commencement of bankruptcy procedures; and  If necess ary, prepare and submit a notification of inability to obtain alternate financial assurance within 30 days. (2) State Program Approval Procedures Regulations at 40 CFR Part 281 contain state program approval procedures for state s 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 c ollection requirements. This I CR summarizes the information collection requirements and the associated data items and respondent activities, in the order in which they appear in Part 281, in the following subparts:

 Components of a Program Application (Subpart B);  Adequate Enforcement of Compliance (Subpart D);  Approval Procedures (Subpart E); and  Withdrawal of Approval of State Programs (Subpart F). (a) Components of a Program Application (a1) Transmittal Letter Section 281.20(a) states that any stat e seeking to administer its own UST program must submit in its application a transmittal letter from the governor of the state requesting program approval (§281.20(a)). (i) Data Item:

 Transmittal letter from the governor of the state requesting program approval (§281.20(a)). (ii) Respondent Activities:

 Obtain a transmittal letter from the governor ’s office; and  Submit the letter to the implementing agency

.

### 38



### (a2) Description of State Program Sections 281.20(b) and 281.21 outline that any state seeking to administer its own UST program must submit in its application a description of the program that the state plans to implement in place of the federal program. (i) Data Items:

 The scope of the program, including whether (§281.21(a)): o Regulation is for UST s ystems containing petroleum or hazardous substances or both; o The program is more stringent or broader in scope than the federal program, and in what ways; and o The state has jurisdiction over Indian lands or agreements with Indian tribes.  Organization and structure of state and local agencies responsible for administering the program (§281.21(b));  State staff resources for execution of the program (§281.21(c)); and  Existing state funding mechanisms to meet the cost of administering the program (§28 1.21(d)). (ii) Respondent Activities:

 Prepare and submit the description of the program. (a3) Procedures for Adequate Enforcement Section 281.22 states that any state seeking to administer its own UST program must submit in its application a description of compliance monitoring and enforcement policies and procedures, including judicial review procedures (§§281.22 and 281.20(c)). (i) Data Item:

 Description of compliance monitoring and enforcement policies and procedures, including judicial review p rocedures (§§281.22 and 281.20(c)). (ii) Respondent Activities:

 Gather and submit information on compliance monitoring and enforcement procedures.

### 39



### (a4) Memorandum of Agreement Section 281.24 states that any state seeking to administer its own UST pro gram must negotiate with EPA areas of coordinated effort and responsibilities. (i) Data Item:

 A Memorandum of Agreement (MOA) concerning roles and responsibilities of EPA and the state (§§281.24 and 281.20(e)). (ii) Respondent Activities:

 Negotiate an MOA with EPA; and  Prepare and submit the MOA with the program application. (a5) Attorney General ’ s Statement Section 281.25 states that any state seeking to administer its own UST program must submit a written demonstration from the attorney general st ating that the laws of the state are sufficientl y stringent to enforce the state program proposed. The statement must include citations to statutes, regulations, judicial decisions , and anal ys is of any state authority to regulate USTs on Indian lands (§§2 81.25 and 281.20(f)). (i) Data Item:

 Written demonstration from the attorney general stating that the laws of the state are sufficientl y stringent to enforce the proposed state program, including citations to statutes, regulations, judicial decisions , and anal ys is of any state authority to regulate USTs on Indian lands (§§281.25 and 281.20(f)). (ii) Respondent Activities:

 Draft and submit the statement from the attorney general

. (a6) Copies of Statutes and Regulations Section 281.20(g) states that any state seeking to administer its own UST program must submit in its application copies of all applicable state statutes and regulations (§281.20(g)). (i) Data Items:

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

### 40



### (ii) Respondent Activities:

 Research and gather statutes and regulations; and  Submit copies as a part of the application. (b) Adequate Enforcement and Compliance Section 281.43(a) requires state s with approved programs to furnish to EPA, at any time, information in state files on the administration of the program, including data on enforcement and compliance under section 281.40. This includes information submitted to the state with or without a claim of confidentiality (§281.43(a)). (i) Data Item:

 In formation on program administration, including data on enforcement and compliance under section 281.40. (ii) Respondent Activities:

 Maintain files and current information on program administration; and  Submit information to EPA, if requested. (c) Approval Proce dures Section 281. 50(b ) specifies that before submitting an applic ation to EPA for approval of a state program , state s must provide an opportunity for public notice and comment. (i) Data Items:

 Notification soliciting public comment on development of underground storage tank program. (ii) Respondent Activities:

 Issue notification ; and  Receive and review public comments

. Sections 281.52(a) through (b) specifies program revision requirements which may be initiated by either EPA or the approved stat e . (i) Data Items:

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

### 41



###  A revised application, if requested by EPA. (ii) Respondent Activities:

 Collect and submit information on changes in regulation s or shifts in responsibilities; and  Prepare and submit revised application, if requested by EPA. (d) Withdrawal of Approval of State Programs A state with an approved program may transfer voluntarily

any responsibilities required b y federal law (§281.6 1(a)(1)). (i) Data Items:

 A notice of the transfer to be given to EPA; and  A plan for orderl y information transfers from the state to EPA of all program information. (ii) Respondent Activities:

 Gather information;  Prepare and submit transfer notification; and  Develop and submit a plan for information transfer between the state and EPA at least 90 days before the transfer occurs. 5. THE INFORMATION COLLECTED

– AGENCY ACTIVITIES, COLLECTION METHODOLOGY , AND INFORMATION MANAGEMENT The following section discusses how EPA or the implementing agency will collect and manage the information received from respondents. This section also includes a discussion of how EPA has taken steps to ensure that the information collections are not overl y burdensome on small entities. 5(a) Agency Activities (1) Technical and Financial Responsibility 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 i f requested. This anal ys is assumes that the Agency

will spend a minimal amount of time reviewing these data during facility inspections.

### 42



### This I CR assumes that EPA or the implementing agency reviews and files submitted information, including notificatio n forms; site, chemical property , and health information; information on suspected releases, spills or overfills; site characterizations; abatement procedure information; free product information; soil and groundwater information; corrective action plans and implementation reports; and applicable financial assurance information. Much of the information listed above is also entered into a database for the purposes of recordkeeping and anal ys is. EPA or the implementing agency must notify

owners and operator s of approval or disapproval of corrective action plans. The implementing agency also is responsible for conducting public involvement activities, such as notifying the public of a release or failure to sufficiently remediate a release. EPA or the implem enting agency also must notify

owners and operators if they fail to meet the requirements of financial assurance at any time. (2) State Program Approval Procedures States applying for program approval must follow procedures at 40 CFR Part 281. EPA must review and file program applications and all associated information, as described in section 281.50. EPA must determine approval or disapproval for all new or revised state program applications. EPA is required to issue public notice of all decisions and consider public comments. EPA must issue public notice of any transfer of program responsibilities. EPA also must inform a state with an approved program if EPA is planning to take enforcement action against violators of the UST regulations. 5(b) Co llection Methodology and Management In collecting and anal yz ing the information associated with this I CR, EPA uses electronic equipment such as personal computers and database and modeling software, as applicable. EPA ensures the accuracy

and completenes s of the collected information by reviewing each submittal. 5(c) Small Entity Flexibility In promulgating the UST regulations covered under this I CR, EPA attempted to minimize the reporting and recordkeeping burden for small businesses. In addition, EPA provided flexibility to small

- and medium

- sized owners and operators of petroleum USTs for meeting financial responsibility

requirements in order to reduce burden and cost to these groups. 5(d) Collection Schedule (1) Technical and Financial Responsibility Requirements EPA or the implementing agency collects information on a one

- time, on

- going , or special circumstance basis. EPA or the implementing agency collects various ty

pes of data according to the following schedules:

### 43



###  One

- time collections : N otification forms, certification of compliance with corrosion protection and system installation, alternative technology information and demonstrations, excavation zone assessments, closure records , and change

- in

service forms.

 On

-going collections : In sp ection and testing of corrosion protection; performance of release detection ; m aintenance of installation, inspection, corrosion protection, repair, release detection, and financial responsibility records

.

 Special circumstance collections : Release reporting and response information, including site information and characterization, chemical property and health information, abatement reports, free product removal reports, soil and groundwater investigation information, corrective action plans , and implement ation reports. (2) State Program Approval Procedures States applying for program approval submit most of their information in a one

- time application, but also must submit additional information if requested by EPA. EPA collects all submitted informatio n according to the following frequency :

 One

- time collections : Complete program application and associated information and revised application.

 Special circumstance collections : Withdrawal of approval of state program information, transfer of program information , and plans for the transfer of program responsibilities. 6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION 6(a) Estimating Respondent Hours EPA estimates the respondent time burden for all the information collection requirements covered in this ICR in Exhibits 1 and 2. Exhibit 1 covers information collections related to UST technical and financial responsibility requirements . Exhibit 2 covers information collections associated with state program approvals. The burden estimates for each activity presented in Exhibits 1 and 2 include the burden hours (total and by labor ty pe) per respondent, as well as the overall burden hours for all respondents.

### 44



### For certain information collection activities, Exhibit 1 presents a burden for both the owner/operator and for any contractors hired by the owner/operator. For example, for the activity “Gather information ” under “Reporting of Suspected Releases (280.50),” this I CR assumes that owner/operators will spend 5 hours associated with this information collection activity and that contractors that bill by the hour will spend 51 hours on this activity

. In total, the owner/operator time plus contractor time necessary to fulfill this information collection activity is 56 hours

. 6(b) Estimating Respon dent Costs EPA estimates respondent costs for all activities covered in this I CR in Exhibits 1 and 2. These costs are based on the cost of labor, capital, and operation and maintenance (O&M). Labor Costs Table 1 shows the estimated average hourl y lab or cost (including overhead and fringe), by labor category , for facilities /contractors and state s. 9 

### 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

Estimated Average Hourly Respondent Labor Cost, by Labor Category Respondent Legal Managerial Technical Clerical Facilities/Contractors $105 $ 53 $ 29 $ 18 States $76 $78 $44 $2 7 

### To obtain hourly

labor costs for faci lities /contractors and states, EPA referred to May 2009 mean hourly wages provided by

the Bureau of Labor Statistics (BL S). 10 

### EPA adjusted these 2009

9 

### Note that, for purposes of this ICR, states are considered to be respondents when they submit documents to EPA to satisfy applicable 40 CFR regulations (e.g., applying for EPA approval of state program). States are considered to be regulators when administering a regulatory program (e.g., receiving UST release reports from facilities).

10 

### Data source for legal: BLS , May 2009 National Occupational Employment and Wage Estimates by ownership , http://www.bls.gov/oes/current/ownership_data.htm . M ean hourly wages for lawyers (occupation code 23

- 1011). For facilities and contractors, mean hourly wages are from the
“ Cross

- industry, private ownership only” tables , http://www.bls.gov/oes/current/000001.htm

. For states, mean hourly wages are from the “ State government, including schools and hospitals ” tables, http://www.bls.gov/oes/current/999201.htm

. Data source for managerial, technical, and clerical: BLS , May 2009 National Industry

- Specific Employment and Wage Estimates, NAICS 447000

- Gasoline Stations,

### 45



### wages to 2010 dollars using the BLS Employ ment Cost Index. 11 

### EPA then factored in the costs of fringe bene fits: 28.3 percent of total compensation for facilities/contractors, and 39.8 percent of total compensation for states. 12 

### EPA then added an overhead factor of 12 percent for facilities/contractors and states

. 13 

### Capital Costs Capital costs usually

include any produced phys ical good needed to provide the needed information, such as machinery , computers , and other equipment. For this ICR, capital costs include the cost of monitoring equipment for facilities that choose to comply with release detection re quirements by using vapor monitoring, groundwater monitoring , or interstitial monitoring methods. These capital costs are shown in Exhibit 1 and are further described in section 6(d). Operation and Maintenance Costs O&M costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR. They are defined b y the Paperwork Reduction Act of 1995 as “the recurring dollar amount of costs associated with O&M or purchasing services.” For this I CR, O&M costs include:

http://www.bls.gov/oes/current/naics3_447000.htm . M ean hourly wages for management occupati ons (occupation code 11

- 0000), first

- line supervisors/managers of transportation and material

- mo ving machine and vehicle operators (occupation code 53

- 1021), and office clerks, gen eral (occupation code 43

- 9061).
11 

### BLS Employment Cost Index , “ Table 1. Employment Cost Index for total compensation, by occupational group and industry (Seasonally adjusted) ”; available at http://www.bls.gov/web/eci/echistrynaics.pdf . For facilities/contractors, the index for private industry was used. For states, the index for state and local government was used.

12 

### BLS , Employer Costs for Employee Compensation ; available at http://www.bls.gov/news.release/ecec.toc.htm . For facilities/ contractors, see “ Table 10. Employer costs per hour worked for employee compensation and costs as a percent of total compensation: Private industry workers, by industry group, June 2010 ”; using line “ All workers, service

-providing industries.” For states, see “ Table 4. Employer costs per hour worked for employee compensation and costs as a percent of total co mpensation: State and local government workers, by occupational and industry group, Ju ne 2010” ; using the “ Service ” occupational group.
13 

### Office of Management and Budget, Circular No. A

- 76 (Revised) ; available at http://www.whitehouse.gov/sites/default/files/omb/assets/omb/circulars/a076/a76_incl_tech_correction.p df . See Figure C

- 1, page C

- 4

.

### 46



###  Mailing costs : EPA estimates that respondents will incur a cost of $0.4 6 to mail a 1

- ounce package (i.e., $0.4 4 for postage and $0.02 for standard size envelope). EPA also estimates that respondents will incur a cost of $4. 44 for mailing a larger package ( i.e., 5

- ounce package) by certified mail (i.e., $1. 56 for postage, $2. 80 for the certified mail fee , and $0.08 for a large envelope).

 Photocopying costs : EPA estimates that respondents will incur a cost of $0. 09 for each photocop y they

make.

 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 n ot 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 IC R in Exhibits 3 and 4. As shown in the exhibits, EPA estimates an average hourly

labor cost of $ 107.54 for legal staff (GS

- 15, Step 5), $ 68.26 for managerial staff (GS

- 13, Step 1), $ 47.89 for technical staff (GS

- 11, Step 1) , and $2 9.12 for clerical sta ff (GS

- 6, Step 1). To derive these hourl y estimates, EPA referred to unloaded (base) hourly rates for various labor categories in the Federal Government from the U.S. Office of Personnel Management. 14 

### EPA then applied the standard government loading facto r of 60 percent, which includes fringe benefits and overhead

. 6(d) Estimating the Respondent Universe and Total Hour and Cost Burden (1) Respondent Universe (a) Technical and Financial Responsibility Requirements Table 2 presents the estimated UST univ erse over the three ye ars covered by this ICR. As shown in the table, there will be an average of 585 ,667 existing USTs in operation over the period covered b y this ICR. EPA also estimates that, each year, owners and operators will close an average of 26 ,0 00 USTs and install an average of 15 , 0 00 new USTs. EPA estimates that a portion of the new USTs will be installed at new facilities (i.e., facilities that have not operated USTs in the past), with the remainder of new USTs installed at existing UST faci lities.

14 

### U.S. Office of Personnel Management. Locality pay area of Washington

- Baltimore

-Northern Virginia, DC

- MD

-VA

-WV

- PA. Salary Table 2010

- DCB (January 2010); available at http://www.opm.gov/oca/10tables/html/dcb_h.asp

.

### 47



### Table 2 Estimated UST Universe
Year 20 11 Year 20 12 Year 201 3 Average Underground Storage Tanks Existing USTs 596 ,000 586 ,000 575 ,000 58 5,667 New USTs installed 15,000 15,000 15,000 15,000 USTs closed 26,000 26,000 26,000 26,000 Facilities w ith Underground Storage Tanks a Existing facilities 215 ,000 211 ,000 207 ,000 211 ,000 New facilities 5,000 5,000 5,000 5,000 a Number of facilities estimated based on a ratio of 2. 78 USTs per facility (based on FY2009 data from 48 states’ public records)

. 

### (b) State Program Approval Procedures Table 3 presents the estimated number of state s expected to seek and obtain EPA program approval during the three

- ye ar period covered b y this I CR. It shows that EPA expects one state , on average, to seek program a pproval each ye ar.

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 Average Annual Number of State ProgramApprovals During 20 11 to 201 3 Year 20 11 Year

20 12 Year

201 3 State Program Approvals 1 1 0 1 a

a This number has been rounded from 0. 7 to 1. 

### (2) Total Hour and Cost Burden (a) Technical and Financial Responsibility Requirements 40 CFR Part 280 subjects owners and operators of USTs to technical and financial responsibility requirements . Information collecting, reporting , and recordkeeping may be required on a one

time, on

- going , or special circumstance basis. The remainder of this subsection describes how EPA arrived at each of th e respondent estimates contained in Exhibit 1.

### 48



### (a1) Program Scope and Interim Prohibition EPA expects all owners and operators of deferred UST sy stems to equip them with corrosion protection if these s ys tems are constructed of steel. Therefore, EPA expe cts that no owners or operators will have to read this part of the regulations, have a corrosion expert assess their sites , or maintain records. (a2) UST Systems: Design, Construction, Installation, and Notification The owners and operators of n ewl y regulated facilities will read the design, construction, installation , and notification regulations. Thus, this activity will be performed each ye ar at an average of 5,000 facilities (see Table 2). EPA expects all owners and operators to equip UST sy stems with corrosion protection if these systems are constructed of steel. Therefore, EPA expects that no owners or operators will have a corrosion expert assess their sites or will have to maintain records. EPA expects owners and operators to prepare and sub mit a certificate of installation and a notification in a single form for a new or replaced facility with USTs or for a new or replaced individual U ST system. EPA estimates that 75 percent of new USTs are installed together with other new USTs, with 2. 78 USTs per facility (number of notifications = 75% * 15,0 00 / 2.78 ) , and 25 percent of new USTs are installed a s a single UST at a facility ( 25 % * 15,0 00). Thus, EPA expects that an average of 7,797 notifications will be submitted each year (see Table 2). EPA estimates that 5 percent of existing tanks (i.e., 5% * 585 ,667 = 29,283 ) have been upgraded with an internal lining to meet corrosion protection requirements . EPA expects all owners and operators of these UST sy stems to inspect their tanks every five years . EPA estimates that each ye ar 5,857 tanks ( 29,283 / 5 = 5,857 ) will undergo the required 5

- year inspection . Owners and operators of lined tanks also are expected to maintain inspection records for all tanks that have an internal lining to meet cor rosion protection requirements

. 15 

### EPA believes that tank owners and operators will incur additional O&M costs for tank interior lining inspection. The O&M cost for tank interior lining inspection is $1,4 75 , which includes a $1,36 5 contractor fee for conducting the inspection and $1 10 to cover the cost of the tank being out
- of

- service for one day

(i.e., lost profit). EPA estimates that 10 percent of USTs (i.e., 10% * 585 ,667 = 58,567 USTs) are sold each ye ar. Owners and operators selling an UST must info rm the buyer of his or her notification obligations.

15 

### Although se ction 280.21(b) does not explicitly require maintenance of inspection records, the regulations do require the use of a code of practice developed by a nationally recognized association or independent testing laboratory in order to comply with the regulations under this section. Because most of these codes of practice require maintenance of inspection records, EPA has included this burden in this ICR. In addition, EPA notes that it may use these inspection records for enforcement purposes.

### 49



### (a3) General Operating Requirements EPA assumes that o wners and operators of n ewl y regulated facilities ( 5,000 annually) will read the regulations on general operating requirements. In addition, owner s and operators of steel USTs with cathodic protection are required to have their cathodic protection systems tested within six months of installation , once every three years thereafter and within six months of the repair of any cathodicall y protected syst em . EPA estimates that 45 percent of USTs (i.e., 45 % * 585 ,667 = 2 63,550 ) are protected by cathodic systems. 16 

### Thus, EPA estimates that , on average, 87,850 tanks (i.e., 263,550 / 3 = 87,850 ) will undergo the required three

- year inspection each ye ar during the three

- ye ar period covered b y this ICR. EPA estimates that 5 percent of USTs will be repaired each year. Therefore, EPA estimates that 5 percent of USTs with cathodicall y protected s ys tems (i.e., 5% * 263,550 = 13,178 ) will have their cathodic protec tion system tested within six months of a repair. Together , EPA estimates that 10 1,028 USTs (i.e., 87,850 + 13,178 = 101,028 ) will be inspected each ye ar during the three

- year period covered b y this I CR. 17 

### EPA estimates that of the 263,550 USTs with catho dic protection, 70 percent ( 184,485 USTs) are protected b y sacrificial anode cathodic s ys tems and 30 percent ( 79,065 USTs) are protected by impressed current cathodic systems. Owners and operators of impressed current cathodic systems must conduct inspections every 60 days (i.e., six times per year). Ty pically there is one impressed current s ys tem that needs to be inspected per facility

. 18 

### Therefore, EPA estimates that 179,015 inspections of impressed current cathodic systems ( 79,065 / 2.78 * 6 = 170,644 ) will be conducted each ye ar. Facilities have to maintain records of all cathodic protection system inspections conducted on an every- three

- years basis (i.e., 10 1,028 USTs). 19 

### Inaddition, facilities with USTs protected by impressed current cathodic systems will have to maintain the results of the last three facility inspections of the cathodic protection equipment (i.e., (3/6) * 170,644 = 85,322 ). Thus, facilities will have to maintain a total of 186,350 records (i.e., 10 1,028 + 85,322 = 186,350 ) associated with the inspection of cathodic protection s ys tems.

16 

### Based on EPA ’s best professional judgment.
17 

### This ICR does not include the burden of cathodic protection system inspections required within six months of installation due to lack of sufficient data ; as a result , this ICR slightly underestimates total burden for general operating requirements.

18 

### A single facility usually only has 1 rectifier, which requires checking every 60 days.

19 

### Under section 280.31(b), facilities are required to maintain records of the last two inspections of the cathodic protection system, which are conducted every three years. This ICR assumes that one of these two inspections will be conducted by facilities during the three

-year period covered in this ICR. The ICR further assumes that the other inspection was already conducted, and that the results are already being maintained by the facilities.

### 50



### EPA expects facilities to incur O&M costs of $267 paid to certified contractors to test tanks’ cathodic protection system. This I CR does not cover the capital cost for purchasing rectifiers for impressed current s ys tems because such equipment is purchased as a standard business practice to monitor tank performance. Owners and operators also are required to maintain records for each repair made to an UST system. EPA estimates that 5 percent of USTs will be repaired each year, for a total of 29,283 annual repairs (i.e., 5% * 585,667 = 29,283 ). Approximately 20 percent of repaired USTs will also have tightness test conducted (i.e., 20% * 29,283 = 5,857 ). EPA believes that tank owners and operators will incur additional O&M costs for tightness testing. The O&M cost for tightness testing is $5 28 , which includes a $4 18 contractor fee for performing the test and $1 10 to cover the cost of the tank being out

- of

- service for one day

(i.e., lost profit). [N OTE: Sections 280.34(a) and (b) respectivel y s ummarize reporting and recordkeeping requirements for UST owners and operators and cross reference the 40 CFR Part 280 sections that describe these requirements in detail. This I CR describes these reporting and recordkeeping burdens in each of the respective sections.] (a4) Release Detection Owners and operators must have a compliant leak detection system installed at each UST. Section 280.43 describes acceptable methods and required maintenance activities. Owners and operators must record the results of tests or measurements at prescribed intervals. Table 4 presents EPA’s estimates of the number of owners and operators choosing each detection system option and the information collection requirements associ ated with each option. All 5,000 owners and operators of new UST facilities are expected to read the release detection regulations. 20 

### Because the methodologies set forth under inventory control, manual tank gauging , and automatic tank gauging (§§280.43( a) through (c)) describe activities that UST operators perform as standard business practices, they are not included as burden s in this ICR. The Agency expects that all of the facilities using inventory control and facilities using manual tank gauging with tank tightness testing will perform the tank tightness test every five ye ars. 21 

### Thus, EPA expects that, each ye ar, facilities will perform tank tightness testing on 8,199 USTs with an inventory control system (i.e., 40,997 / 5 = 8,199 ) and on 5,857 USTs with manual tank gauging and a tank tightness testing s ys tem (i.e., 29,283 / 5 = 5,857 ). EPA estimates that facilities will incur contractor
- related O&M costs of $5 28 for the cost of performing each tank tightness test. This O&M cost includes a $4 18 contractor fee for performing the test and $1 10 to cover the cost of the tank being out

- of

- service for one day

(i.e., lost profit).

20 

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

21 

### EPA expects that all tanks will be teste d every five years because the 1998 deadline required the shutdown of all tanks for which annual testing was required.

### 51



### Table 4 Leak Detection Systems Installed at USTs

UST Leak Detection System Estimated

Percent of USTs Using System a Estimated

Number of USTs Using System Associated Information Collection

Requirement(s) and Collection Frequencies
Inventory control and tightness testing 7 40,997 Record daily inventory volume measurements (standard business practice; therefore, there is no increme ntal labor burden); record monthly water level measurements (standard business practice; there is no incremental labor burden). Manual tank gauging with tank tightness testing 5 b 29,283 Record two consecutive weekly tank liquid level measurements, taken at the beginning and end of a minimum time period (standard business practice; there is no incremental labor burden). Manual tank gauging only (i.e., without tank tightness testing) 3 17,570 Record two consecutive weekly tank liquid level measurements, taken at the beginning and end of a minimum time period (standard business practice; there is no incremental labor burden).
Automatic tank gauging 45 b 263,550 Record results of monthly automatic product level mo nitoring; record results of daily inventory control tests (automated activity; therefore there is no incremental labor burden). Vapor monitoring 5 29,283 Record results of monthly vapor monitoring. Groundwater mo nitoring 5 29,283 Record results of monthly groundwater monitoring. Interstitial mo nitoring 20 b 117,133 Record results of monthly interstitial monitoring. Other method (e.g., statistical inventory reconciliation) 13 76,137 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 Systemfor Piping Line leak detectors 84 491,960 Conduct annual test of the operation of the automatic line leak detection test and record results. Line tightness testing 3 7 216,697 Conduct annual line tightness test and record results. a Percentages are based on EPA research, except where noted. Total will add up to more than 100 percent, because multiple release detection systems can be used in the same UST system. b Based on EPA’s best professional judgment.

### 52



### 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. 22 

### The annualized cost of a vapor monitoring system (control box with sensors), assuming an average of four 20

- foot

- deep wells, amounts to an estimated $7 67 per facility

. 23 

### The annualized cost of a groundwater monitoring s ys tem is estimated at $4 91 per facility

. 24 

### The annualized cost of an interstitial monitoring s ys tem (control box with sensors), including installation costs, is approximately $ 402 per tank

. 25 

### Maintenance of the monitoring sensors is not considered a significant cost because maintena nce o f the sensors is inexpensive. EPA estimates that 84 percent of USTs use line leak detectors to detect catastrophic releases from piping. Thus, facilities are expected to conduct an annual line leak detector test on 491,960 tanks (i.e., 84% * 585,66 7 = 491,960 ). The cost of purchasing line leak detectors is not included as a burden in this ICR, because the use of these devices is considered a standard business practice. EPA estimates that 37 percent of USTs use line tightness testing to detect rele ases from piping. 26 

### These facilities are expected to conduct an annual line tightness test on 2 16,697 tanks (i.e., 37% * 585,667 = 2 16,697 ). EPA expects that each ye ar, every UST facility

( average = 211 ,000 facilities ) will maintain records of their test and measurement results, regardless of the release detection method used. (a5) Release Reporting, Investigation, and Confirmation EPA estimates that each year, all 5 ,000 new UST owners and operators will read the regulations. EPA also estimates that each ye ar, 8,000 uncontrolled releases from USTs will be confirmed. Assuming that 60 percent of suspected releases are confirmed, EPA estimates that every year 1 3,333 owners and operators will suspect that a release has occurred from one of their USTs. 27 

### Th ese owners and operators will gather information and submit a report on the suspected release.

22 

### Capital costs were annualized over 20 years (i.e., the expected life of equipment) using OMB’s approved discount rate of 7 percent ( OMB Circular A

- 94).

23 

### Prior to discounting, purchase price is estimated at $8,128.
24 

### Prior to discounting, purchase price is estimated at $5,199.
25 

### Prior to discounting, purchase price is estimated at $4,257.
26 

### Based on program experience, EPA belie ves that approximately 84 percent of the lines are pressurized and 16 percent are suction lines. However, EPA was unable to estimate the number of suction lines that require leak detection monitoring and use three

-year line tightness testing. Therefore, this ICR assumes that all lines used are pressurized piping for line tightness testing calculations. Because suction lines do not have to comply with certain leak detection requirements, this ICR overestimates the burden for this section.

27 

### These data a

re based on historical tank release records maintained by EPA.

### 53



### When characterizing a suspected leak, EPA believes that facilities will incur contractor

- related O&M costs of $2,775 associated with basic soil characterization work and lab anal ys is activities. (a6) Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances EPA estimates that each year, all 5,000 new UST owners and operators will read the regulations on release response. Owners and operators must provide information on a ll 8,000 release s . Owners and operators of facilities with releases also must gather information and prepare and submit reports on initial abatement measures and initial site characterization. EPA assumes that facilities will incur O&M costs in preparing a summary report of the initial abatement steps based on information obtained from initial characterization activities. This activity could require additional sampling and anal ys is depending on the scope of the problem. EPA assumes that facilities will incur contractor

- related O&M costs in gathering, preparing , and submitting information for the initial site characterization, as this activity often requires sampling well borings and laboratory

analyses. EPA estimates that initial investigations at 20 percent of confirmed releases (i.e., 20 % * 8,0 00 = 1, 6 00 releases ) will determine the presence of free product. These facilities must prepare and submit a free product removal report, thereb y incur ring contractor

- related O&M costs. EPA estimates that initial investigations at 75 percent of confirmed releases (i.e., 75% * 8,0 00 = 6,000 releases ) will demonstrate that soil and groundwater investigations are warranted. These facilities are expected to gather information and prepare and submit a report. Facilities will incur further contractor

- related O&M costs preparing soil and groundwater investigation reports. Additional characterization work could be required depending on the scope of the releas e and the geology of the site. EPA estimates that initial investigations at 60 percent of confirmed releases (i.e., 60 % * 8,0 00 = 4,8 00 releases ) will demonstrate that corrective action is warranted. These facilities must prepare and submit a corrective action plan and report on the results of corrective action implementation. EPA estimates that at 10 percent of these releases (i.e., 10 % * 4, 8 00 = 4 8 0 releases ) , the owner or operator will notify the implementing agency that they will begin corrective action before they receive corrective action plan approval. The Agency believes that facilities will incur contractor

- related O&M costs when preparing a corrective action plan and reporting (quarterl y) the results of a corrective action implementation plan. (a7) Out

-o f - Service UST Systems and Closure EPA estimates that owners and operators will close 26,000 USTs each ye ar (see Table 2). EPA estimates that each ye ar, 9,353 owners and operators of closing facilities (i.e., 26,000 USTs closed / 2.78 USTs per facility = 9,353 ) will read the out

- of

- service UST systems and closure regulations. Owners of these closing USTs must notify the implementing agency of closure, conduct an excavation zone assessment , and maintain closure records. EPA estimates that faci lities will incur contractor

- related O&M costs when conducting a site

### 54



### assessment of an excavation zone. EPA further estimates that for 25 percent of these USTs, owners and operators will not be able to maintain the records on

- site for each UST closure. These owners and operators must mail closure records for 6,500 USTs (i.e., 25 % * 26,000 = 6,500 ) to the implementing agency each ye ar. (a8) Financial Responsibility28 

### EPA estimates that each year, all 5,000 new UST owners and operators will read the financ ial responsibility

regulations. 29 

### 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 US T releases. A current certificate of financial responsibility

must be maintained at each site where USTs are located. According to recent EPA data, approximately

70 percent of UST facilities (i.e., 70 % * 211,000 = 147,700 facilities) demonstrate financial responsibility through a state fund or other state assurance, with the remaining 30 percent of facilities (i.e., 30 % * 211,000 = 63 ,300 facilities) using one or more of the other mechanisms described in 40 CFR Part 280, Subpart H. All 211,000 facilities will have to perform the respondent activities associated with their financial responsibility mechanism, as described in section 4 of this I CR, and keep on file a certification of financial responsibility

. [NOTE: This I CR covers the burden associated wi th these activities under section 280.110 (reporting) and section 280.111 (recordkeeping).] In addition to maintaining financial responsibility records, facilities with releases ( estimated at 8,000 releases per ye ar) will submit their records to EPA or the implementing agency under section 289.110(b) as a result of a release. EPA also expects 2 5 percent of the overall universe of facilities (i.e., 25% * 211,000 = 52,750 facilities) to update the ir certification each ye ar to reflect changes in their fin ancial assurance mechanism. EPA estimates that providers of financial assurance will cancel or fail to renew policies at 2 percent of UST facilities (i.e., 2% * 211,000 = 4,220 facilities) each ye ar. EPA also estimates that 10 percent of those facilitie s experiencing a cancellation or non

- renewal (i.e., 10 % * 4,220 = 422 facilities) will be unable to obtain alternative financial coverage within 60 days and will notify the implementing agency of such failure.

28 

### Although financial responsibility is not required for hazardous substance tanks, this ICR does not remove hazardous substance tanks from the financial responsibility analysis due to lack of sufficient data . Therefore, this ICR slightly overestimates the burden for financial responsibility.

29 

### While EPA has included the requirement to obtain financial assurance as an annual burden, it is expected that all existing UST owners and operators have already read the financial responsibility regulations. Therefore, this ICR assumes that owners and operators of only the 5,000 new UST facilities will read the financial responsibility regulations each year.

### 55



### EPA estimates that each year an additional 1 percent of UST facilities (i.e., 1 % * 211,000 = 2,110 facilities) will experience a disruption in financial coverage due to the bankruptcy of their financial provider. EPA estimates that 10 percent of those owners or operators experiencing such a disruption (i.e., 10 % * 2,110 = 211 facilities) will be unable to obtain alternative financial coverage within 60 days and will notify the implementing agency of such failure. (b ) State Program Approval Procedures 40 CFR Part 281 outlines procedures that stat e s must follow to obtain approval to implement their own UST program in lieu of the federal program. Based on recent program data, EPA estimates that two state s (or territories ) will apply for state program approval over the next three ye ars. For the pur

poses of this I CR, it is assumed that an average of one state will apply for state program approval each year. S tate s applying for state program approval between 20 11 and 201 3 must submit an application to EPA for review under section 281.50. The applic ation 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 state s must also allow for public notice and comment on their efforts to develop their underground storage tank programs. All approved programs must maintain files and current information on program administration. There are currently

38 approved state programs . 30 

### Between 2 011 and 2013, EPA assumes that an average of 40 state programs will maintain files on program administration. Finally , EPA estimates that it will ask one state per ye ar to submit this information. EPA expects that no states will be submitting revised state program applications over the next three ye ars. EPA does not expect any state s to withdraw or transfer portions of their programs. Respondent burden hours and costs for the activities included as burden s under this I CR are shown in Exhibits 1 and 2 o n the following pages. The burden and cost for Agency activities are shown in Exhibits 3 and 4.

30 

### As of April 2007, 36 states and the Dis trict of Columbia and the Commonwealth of Puerto Rico have approved programs.

### 56

EXHIB IT 1 AN NUA L EST IMATE D RESPONDENT HO UR A ND C OST B URDEN TE CH NIC AL AN D F INA NC IA L REQUIREMENT S

Ho urs and Co st s Per Res ponde nt Pe r Ac tiv ity To ta l Ho urs and Co sts Nu mb er Ca pita l/ of Res pon. La bor Sta rt up O& M Res pon. To ta l To ta l Le ga l Man ageria l Tech nic al Cle ri cal Ho urs/ Cost/ Co st s pe r Costs / or Ho ur s/ Cost/ In forma tion Colle ct ion Ac tiv ity Ho urs Ho ur s Ho ur

s Ho ur

s Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv
. Year Year PRO GR AM SC OP E A ND INTERIM P RO HIB ITIO N Read ing the Reg ula tions Read the r

egulations 0.25 0.25 0.25 0.25 1.00 $51.34 $0.00 $0.00 0 0 $0 Deferre d US T S yst em In st al la tions (2 80.11( a) ) Hav e a c or

ro sio n exper

t inspec t the site 0.00 6.00 22.00 11.00 39.00 $1,149.28 $0.00 $436.00 0 0 $0 Maintain r

ec or ds 0.00 0.00 0.00 0.10 0.10 $1.82 $0.00 $0.09 0 0 $0 Subtotal 0 $0 UST SY ST EMS: DE SIG N, C ON ST RUC TIO N, INST AL LATIO N, A ND NO TIF IC AT IO N Read ing the Reg ula tions Read the r

egulations 0.25 0.25 0.50 0.00 1.00 $53.95 $0.00 $0.00 5,000 5,000 $269,741 Per forma nc e St andar

ds for NewUS T S yst ems - Tan ksan d Pi pi ng Wi thout Corro sion Pr ote cti on (2 80.20( a) (b)) Hav e a c or

ro sio n exper

t inspec t the site 0.00 6.00 22.00 11.00 39.00 $1,149.28 $0.00 $436.00 0 0 $0 Maintain r

ec or ds 0.00 0.00 0.00 0.10 0.10 $1.82 $0.00 $0.09 0 0 $0 Ce rt ific ati on of In st al la ti on (2 80.20( e) ) Ob tain and pr

ov ide a c ert ific ation of c omplianc e of pr oper installation on the notification for m 0.00 0.50 1.00 0.50 2.00 $64.39 $0.00 $0.00 7,797 15,594 $502,019 Perio dic L ining In spe ct io ns (2 80.21) Hav e the lined tank

inspec ted within ten year s after lining and ev er y fiv e year

s ther eafter 0.00 0.00 6.00 0.00 6.00 $171.50 $0.00 $1,475.00 5,857 35,142 $9,643,522 Maintain r

ec or ds 0.00 0.00 0.00 0.10 0.10 $1.82 $0.00 $0.09 29,283 2,928 $55,826 No ti fic ati on Req uire me nts (280.22) Prepare and s

ubmit for ms within 30 days of br

inging an UST system into use 0.00 0.00 0.50 0.00 0.50 $14.29 $0.00 $1.36 15,000 7,500 $234,718 Notify pur

ch aser of an USTof owner

's notific ati on obligations 0.25 0.25 0.50 0.25 1.25 $58.49 $0.00 $1.36 58,567 73,209 $3,504,988 Subtotal 139,373 $14,210,814

### 57

EXHIB IT 1 ( co ntinue d) AN NUA L EST IMATE D RESPONDENT HO UR A ND C OST B URDEN TE CH NIC AL AN D F INA NC IA L REQUIREMENT S

Ho urs and Co st s Per Res ponde nt Pe r Ac tiv ity To ta l Ho urs and Co sts Nu mb er Ca pita l/ of Res pon. La bor Sta rt up O& M Res pon. To ta l To ta l Le ga l Man ageria l Tech nic al Cle ri cal Ho urs/ Cost/ Co st s pe r Costs / or Ho ur s/ Cost/ In forma tion Colle ct ion Ac tiv ity Ho urs Ho ur s Ho ur

s Ho ur

s Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv
. Year Year GENERA L OP ERATING RE QU IREMENTS Read ing the Reg ula tions Read the r

egulations 0.25 0.25 0.50 0.00 1.00 $53.95 $0.00 $0.00 5,000 5,000 $269,741 Oper at ion and Mai nte nanc e o f Co rrosion Pr ote cti on (2 80.31) Hav e a qualified tester

conduc t inspec tion for

all c athodic pr otec tion system

s w ithi n s ix m

onths of installation, at leas t ev er y thr ee year s ther eafter , and withi n s ix m

onths of the r

epair of any c athodi ca lly protec ted system 0.00 0.10 0.15 0.00 0.25 $9.63 $0.00 $267.00 101,028 25,257 $27,947,546 Co nduc t i nspec tion for

i mp ressed c ur

re nt cathodicpr

otecti on system s ev er y 60 days 0.00 0.10 0.15 0.00 0.25 $9.63 $0.00 $0.00 170,644 42,661 $1,643,590 Maintain r

ec or ds 0.00 0.00 0.00 0.10 0.10 $1.82 $0.00 $0.09 186,350 18,635 $355,263 Mai nte na nce o f R ep ai r Reco rd s (2 80.33) Ga ther infor mation on eac h r

epair 0.00 0.00 1.00 0.00 1.00 $28.58 $0.00 $0.00 29,283 29,283 $836,982 Co nduc t tightness testing 30 days after r epair 0.00 0.25 0.15 0.25 0.65 $22.19 $0.00 $528.00 5,857 3,807 $3,222,275 Maintain r

ec or ds 0.00 0.00 0.00 0.10 0.10 $1.82 $0.00 $0.09 29,283 2,928 $55,826 Subtotal 127,571 $34,331,223 REL EASE DET ECT ION Read ing the Reg ula tions Read the r

egulations 0.50 0.50 1.00 0.00 2.00 $107.90 $0.00 $0.00 5,000 10,000 $539,481 Rel eas e Det ect io n for Tan ks ( 280.43) Inventor y Contr ol Rec ord deliv ery, dispensing and i nv entor y m easur em ents on a daily basis 0.00 0.00 0.25 0.00 0.25 $7.15 $0.00 $0.00 0 0 $0 Rec ord m

onthly water

lev el m easur em ents, r ec onc ile me as ur em ents m onthly 0.00 0.00 0.00 0.50 0.50 $9.08 $0.00 $0.00 0 0 $0 Per for m tank tightness testing ( in c onjunc tion with inv entor y co ntr ol) 0.00 0.25 0.15 0.25 0.65 $22.19 $0.00 $528.00 8,199 5,329 $4,511,002 Manual Tank

Gauging with Tank

Ti ghtnes s Tes ting Rec ord m

onthly water

lev el m easur em ents, r ec onc ile me as ur em ents m onthly 0.00 0.00 0.00 0.50 0.50 $9.08 $0.00 $0.00 0 0 $0 Rec ord week ly tank liquid lev el m easur em ents 0.00 0.00 0.00 0.05 0.05 $0.91 $0.00 $0.00 0 0 $0 Per for m tank tightness testing ( in c onjunc tion with m

anual tank gauging) 0.00 0.25 0.15 0.25 0.65 $22.19 $0.00 $528.00 5,857 3,807 $3,222,458

### 58

EXHIB IT 1 ( co ntinue d) AN NUA L EST IMATE D RESPONDENT HO UR A ND C OST B URDEN TE CH NIC AL AN D F INA NC IA L REQUIREMENT S

Ho urs and Co st s Per Res ponde nt Pe r Ac tiv ity To ta l Ho urs and Co sts Nu mb er Ca pita l/ of Res pon. La bor Sta rt up O& M Res pon. To ta l To ta l Le ga l Man ageria l Tech nic al Cle ri cal Ho urs/ Cost/ Co st s pe r Costs / or Ho ur s/ Cost/ In forma tion Colle ct ion Ac tiv ity Ho urs Ho ur s Ho ur

s Ho ur

s Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv
. Year Year Manual Tank

Gauging O

nly (w ithout Tank

T ightness Tes ting) Rec ord m

onthly water

lev el m easur em ents, r ec onc ile me as ur em ents m onthly 0.00 0.00 0.00 0.50 0.50 $9.08 $0.00 $0.00 0 0 $0 Rec ord week ly tank liquid lev el m easur em ents 0.00 0.00 0.00 0.05 0.05 $0.91 $0.00 $0.00 0 0 $0 Autom aticTank

Gauging Rec ord results of m

onthly autom

atic pr oduc t lev el m

onitor ing tes ts 0.00 0.00 0.05 0.00 0.05 $1.43 $0.00 $0.00 0 0 $0 Rec ord daily inv entor

y vo lum e m easur em ents 0.00 0.00 0.02 0.00 0.02 $0.57 $0.00 $0.00 0 0 $0 Vapor Monitor ing Rec ord results of m

onthly v apor

m onitor ing 0.00 0.00 1.67 0.00 1.67 $47.73 $767.00 $0.00 10,533 17,590 $8,581,581 Gro undwater

Monitor ing Rec ord results of m

onthly gr oundwater

m onitor ing 0.00 0.00 1.67 0.00 1.67 $47.73 $491.00 $0.00 10,533 17,590 $5,674,473 Inter st itial Monitor

ing Rec ord results of m

onthly inter

st itial m onitor ing 0.00 0.00 0.60 0.00 0.60 $17.15 $402.00 $0.00 117,133 70,280 $49,096,240 Alter native Tec hnology Prepare and s

ubmit a dem

onstr ation of the effective ness of an alter nativ e technology 0.00 2.00 8.00 1.00 11.00 $353.71 $0.00 $4.44 0 0 $0 Rel eas e Det ect io n for P iping (280.44) Co nduc t annual tes

t of the oper

ation of the autom aticline leakdetec tor

in ac co rdanc e with the m anufac tur

er 's requirem

ents 0.00 0.00 0.25 0.00 0.25 $7.15 $0.00 $0.00 491,960 122,990 $3,515,365 Rec ord results of annual line leak detec tion test 0.00 0.00 0.05 0.00 0.05 $1.43 $0.00 $0.00 491,960 24,598 $703,073 Co nduc t annual line tightnes s tes t 0.00 0.00 1.50 0.00 1.50 $42.87 $0.00 $0.00 216,697 325,046 $9,290,621 Rec ord results of annual line tightness tes t 0.00 0.00 0.02 0.00 0.02 $0.57 $0.00 $0.00 216,697 4,334 $123,875 Rel eas e Det ect io n Reco rd keep ing (2 80.45) Maintain r

ec or ds for s pec ified tim

e per iods 0.00 0.00 0.00 1.00 1.00 $18.16 $0.00 $0.00 211,000 211,000 $3,832,667 Subtotal 812,564 $89,090,836 REL EASE REPO RTING , INV EST IG AT IO N, A ND C ON FI RMATIO N Read ing the Reg ula tions Read the r

egulations 0.25 0.25 0.50 0.00 1.00 $53.95 $0.00 $0.00 5,000 5,000 $269,741 Rep or ting of Su spe cted Rel eas es( 280.50) Ga ther infor mation - Fac ility 0.00 1.00 4.00 0.00 5.00 $167.77 $0.00 $2,775.00 13,333 66,665 $39,235,995 Ga ther infor mation - C ontr ac tor 0.00 5.00 31.00 15.00 51.00 $1,425.74 $0.00 $0.00 13,333 679,983 $19,009,369 Repor t the suspec ted r

elease 0.00 0.25 0.00 0.00 0.25 $13.36 $0.00 $1.36 13,333 3,333 $196,227 Subtotal 754,981 $58,711,332

### 59

EXHIB IT 1 ( co ntinue d) AN NUA L EST IMATE D RESPONDENT HO UR A ND C OST B URDEN TE CH NIC AL AN D F INA NC IA L REQUIREMENT S

Ho urs and Co st s Per Res ponde nt Pe r Ac tiv ity To ta l Ho urs and Co sts Nu mb er Ca pita l/ of Res pon. La bor Sta rt up O& M Res pon. To ta l To ta l Le ga l Man ageria l Tech nic al Cle ri cal Ho urs/ Cost/ Co st s pe r Costs / or Ho ur s/ Cost/ In forma tion Colle ct ion Ac tiv ity Ho urs Ho ur s Ho ur

s Ho ur

s Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv
. Year Year REL EASE RESPONSE AND C OR RE CT IVE A CT IO N F OR US T S YST EMS C ON TA INING PET RO LEUM O R HAZA RDO US SUB ST AN CE S Read ing the Reg ula tions Read the r

egulations 0.50 0.50 1.00 0.00 2.00 $107.90 $0.00 $0.00 5,000 10,000 $539,481 In itia l Res ponse ( 280.61( a) ) Repor t the c onfir

med r elease by telephone or elec tronicmail 0.00 0.50 0.50 0.00 1.00 $41.01 $0.00 $0.00 8,000 8,000 $328,103 In itia l Aba temen t Meas ure s Rep or t and Si te Che ck ( 280.62( a) (b)) Ga ther infor mation dur

ing initial abatem

ent 0.00 3.00 1.00 0.00 4.00 $188.91 $0.00 $848.00 8,000 32,000 $8,295,295 Prepare and s

ubmit sum

ma ry re por

t of initial abatem

ent steps -

Fac ility 0.50 1.50 1.00 0.00 3.00 $161.34 $0.00 $346.00 8,000 24,000 $4,058,715 Prepare and s

ubmit sum

ma ry re por

t of initial abatem

ent steps -

C ontr ac tor 0.00 4.00 27.00 13.00 44.00 $1,221.64 $0.00 $0.00 8,000 352,000 $9,773,092 In itia l Si te C ha ra ct er iz at ion (2 80.63) Ga ther infor mation for

initial site ch ar ac ter ization - Fac ility 0.00 6.00 1.00 0.00 7.00 $349.24 $0.00 $3,279.00 8,000 56,000 $29,025,930 Ga ther infor mation for

initial site ch ar ac ter ization - C ontr ac tor 0.00 9.00 54.00 27.00 90.00 $2,514.88 $0.00 $0.00 8,000 720,000 $20,119,043 Prepare and s

ubmit infor

ma ti on per

ins tr uc tions 0.50 1.50 1.00 0.00 3.00 $161.34 $0.00 $456.00 8,000 24,000 $4,938,715 Fr ee Pr oduc t Removal ( 280.64) Ga ther infor mation for

fr ee pr oduc t r em ov al r epor t - Fac ility 0.00 1.50 3.25 0.00 4.75 $173.06 $0.00 $402.00 1,600 7,600 $920,093 Ga ther infor mation for

fr ee pr oduc t r em ov al r epor t - C ontr ac tor 0.00 6.00 38.00 19.00 63.00 $1,751.92 $0.00 $0.00 1,600 100,800 $2,803,066 Prepare and s

ubmit r epor t 0.50 1.00 0.00 0.00 1.50 $106.04 $0.00 $137.00 1,600 2,400 $388,856 In ves tiga tions for

So il and Groundwa te r Cle an up (280.65) Ga ther infor mation for

inv estigation r

epor t - Fac ility 0.00 2.00 0.00 0.00 2.00 $106.89 $0.00 $3,120.00 6,000 12,000 $19,361,317 Ga ther infor mation for

inv estigation r

epor t - C ontr ac tor 0.00 10.00 69.00 31.00 110.00 $3,069.72 $0.00 $0.00 6,000 660,000 $18,418,312 Subm it c ollec ted infor

mation 0.50 0.75 0.00 0.00 1.25 $92.67 $0.00 $405.00 6,000 7,500 $2,986,047 Corre ct iv e Act ion Pl an ( 280.66) Prepare and s

ubmit c or re ct iv e acti on plan or additional infor

mation - Fac ility 2.00 2.25 0.00 0.00 4.25 $330.62 $0.00 $1,006.00 4,800 20,400 $6,415,755 Prepare and s

ubmit c or re ct iv e acti on plan or additional infor

mation - C ontr ac tor 0.00 20.00 78.00 39.00 137.00 $4,006.71 $0.00 $0.00 4,800 657,600 $19,232,193 Notify implem

enting agenc y of ear

ly cl eanup 0.00 0.50 0.00 0.00 0.50 $26.72 $0.00 $1.36 480 240 $13,478 Repor t r esults of im

plem enting plan -

Fac ility 2.00 2.75 0.00 0.00 4.75 $357.34 $0.00 $728.00 4,800 22,800 $5,209,619 Repor t r esults of im

plem enting plan -

C ontr ac tor 0.00 8.00 37.00 19.00 64.00 $1,830.22 $0.00 $0.00 4,800 307,200 $8,785,056 Subtotal 3,024,540 $161,612,166

### 60

EXHIB IT 1 ( co ntinue d) AN NUA L EST IMATE D RESPONDENT HO UR A ND C OST B URDEN TE CH NIC AL AN D F INA NC IA L REQUIREMENT S

Ho urs and Co st s Per Res ponde nt Pe r Ac tiv ity To ta l Ho urs and Co sts Nu mb er Ca pita l/ of Res pon. La bor Sta rt up O& M Res pon. To ta l To ta l Le ga l Man ageria l Tech nic al Cle ri cal Ho urs/ Cost/ Co st s pe r Costs / or Ho ur s/ Cost/ In forma tion Colle ct ion Ac tiv ity Ho urs Ho ur s Ho ur

s Ho ur

s Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv
. Year Year OU T- OF-SER VIC E UST SYST EMS A ND C LOSU RE Read ing the Reg ula tions Read the r

egulations 0.25 0.25 0.50 0.00 1.00 $53.95 $0.00 $0.00 9,353 9,353 $504,577 Perma nent Closure an d Cha nge-I n-Se rv ic e No ti fic ati on (2 80.71( a) ) Notify the impl em

enting agenc y of per ma nent c losure or

c hange-in -se rv ic e 0.00 0.25 0.00 0.00 0.25 $13.36 $0.00 $1.36 26,000 6,500 $382,651 Co nduc t s ite asses

sm ent of exc av ation zone - Fac ility 0.00 2.75 0.00 0.00 2.75 $146.97 $0.00 $2,545.00 26,000 71,500 $69,991,183 Co nduc t s ite asses

sm ent of exc av ation zone - C ontr ac tor 0.00 6.00 40.00 18.00 64.00 $1,790.92 $0.00 $0.00 26,000 1,664,000 $46,563,843 Clos ur e Reco rd s (2 80.74) Maintain r

ec or ds after per ma nent c los ur

e or ch ange-in-serv ic e for

at leas t thr ee year s 0.00 0.00 0.00 0.10 0.10 $1.82 $0.00 $0.09 26,000 2,600 $49,567 Mail rec or

ds to impl em

enting agenc y if they ca nnot be m

ai ntained on site 0.00 0.00 0.00 0.50 0.50 $9.08 $0.00 $4.44 6,500 3,250 $87,893 Subtotal 1,757,203 $117,579,714 FI NA NC IA L RESPONSIB IL ITY Read ing the Reg ula tions Read the r

egulations 0.50 0.50 1.00 0.00 2.00 $107.90 $0.00 $0.00 5,000 10,000 $539,481 Ca nc el la tion or

No nre newa l by a Pr ov ide r of Fina nci al Assura nce (280.109) Prepare and s

ubmit a notic e of ter

mi nation of financ ia l assuranc e 0.25 0.00 0.50 0.25 1.00 $45.13 $0.00 $1.36 4,220 4,220 $196,167 If necessary, pr

epar e and subm

it notic e of failur

e to obtain alter

nativ e c ov er

age within 60 days 0.00 0.50 1.00 0.25 1.75 $59.85 $0.00 $1.36 422 739 $25,827 Rep or ting (280.110) Ga ther and subm

it for ms listed in Sec tion 280.111(b) to the im plem enting agenc y doc um

enting c ur

re nt ev idenc e of financ ial responsibility 0.00 0.00 0.00 0.25 0.25 $4.54 $0.00 $1.36 8,000 2,000 $47,181 Reco rd keep ing (2 80.111) Ob tain and k eep on file pr oof of financ ial responsibility 0.00 0.00 0.25 0.10 0.35 $8.96 $0.00 $0.09 211,000 73,850 $1,909,985 Update cer

tific ation if financ ia l as

suranc e m

ec hanism

is mo dified 0.00 0.00 0.50 0.25 0.75 $18.83 $0.00 $0.00 52,750 39,563 $993,406 Ba nk ru ptc y or

O the r In cap aci ty

( 280.114) Prepare and s

ubmit notific ati on of co mme nc em

ent of bank ru ptcy

pr oc edur es 0.50 0.25 0.50 0.25 1.50 $84.79 $0.00 $1.36 2,110 3,165 $181,759 If necessary, pr

epar e and subm

it notic e of inabi lity to obtain alter

nativ e c ov er

age within 30 days 0.00 0.50 1.00 0.25 1.75 $59.85 $0.00 $1.36 211 369 $12,914 Subtotal 133,906 $3,906,720 TO TA L 6,750,138 $479,442,805

### 61

EXHIB IT 2 AN NUA L EST IMA TE D RESPONDENT HO UR A ND C OST B URDE N ST AT E PRO GR AM A PPROVA L Ho ur s an d Cos ts P er

Res ponde nt Per

A ct iv ity To ta l Ho urs and Co st s Nu mb er Ca pita l/ of Res pon. La bor Star tup O&

M Res pon. To ta l To ta l Le gal Man ag er ia l Te ch nic al Cle ric al Ho ur s/ Cost/ Co sts per Cos ts / or Ho ur s/ Cost/ In forma tion Co lle ct ion Ac tiv it y Ho ur s Ho urs Ho urs Ho ur s Ac tiv ity Ac ti vi ty Ac ti vi ty Ac ti vi ty Ac tiv
. Ye ar Year COMPON ENT S O F A PROGRA M A PPLI CAT ION Read ing the Reg ula tions Read the r

egulations 4.00 8.00 8.00 0.00 20.00 $1,279.55 $0.00 $0.00 1 20 $1,280 Tran sm itta l Le tter

( 281.20( a) ) Ob tain a tr

ansmittal letter

fr om the gov ernor's offic e 1.00 1.00 2.00 1.00 5.00 $268.22 $0.00 $0.00 1 5 $268 Submit letter

to impl ementing agenc y 0.00 0.00 0.00 0.10 0.10 $2.68 $0.00 $1.36 1 0.1 $4 Des cr iption of Sta te Program ( 281.20( b) an d 2801.21) Prepare and submit desc rip tion of state pr ogr am 2.00 8.00 80.00 0.00 90.00 $4,261.62 $0.00 $13.44 1 90 $4,275 Procedu re s for

A de qua te En forcement (281.22 an d 281.20( c)) Ga ther and submit i nfor

ma tion on c omplianc e m onitor ing and enfor

ce me nt pr

oc edur es 2.00 4.00 40.00 2.00 48.00 $2,260.31 $0.00 $13.44 1 48 $2,274 Memoran dum

o f Agr eement (2 81.24 an d 281.20( e) ) Negotiate an MOA with EPA 10.00 6.00 15.00 5.00 36.00 $2,016.79 $0.00 $0.00 1 36 $2,017 Prepare and submit wr

itten MOA with applic ation 6.00 6.00 16.00 4.00 32.00 $1,729.85 $0.00 $13.44 1 32 $1,743 Attor ne y Ge ne ra l' s Sta temen t (2 81.25 an d 2801.20( f)) Dr aft and submit statement fr om attor ney gener

al 47.00 4.00 40.00 2.00 93.00 $5,676.73 $0.00 $13.44 1 93 $5,690 Copie s of St at ute s and Reg ula tions (2 81.20( g)) Res ear ch and gather

statutes and r egulations 8.00 0.00 15.00 4.00 27.00 $1,367.42 $0.00 $0.00 1 27 $1,367 Submit c opies as a par

t of the applic ati on to EPA 0.00 0.00 0.00 0.10 0.10 $2.68 $0.00 $13.44 1 0.1 $16 Subtota l 351 $18,934 AD EQU AT E ENF OR CE MEN T A ND C OMPLIA NC E Read ing the Reg ula tions Read the r

egulations 1.00 1.00 1.00 0.00 3.00 $197.90 $0.00 $0.00 1 3 $198 Shar ing of In forma tion (281.43( a)) Maintain files and c ur

re nt infor ma ti on on pr

ogr am administr

ation 0.00 5.00 4.00 5.00 14.00 $700.34 $0.00 $0.00 40 560 $28,014 Submit infor

ma tion to EPA, if r

equested 0.00 0.00 0.00 0.10 0.10 $2.68 $0.00 $13.44 1 0.1 $16 Subtota l 563 $28,228

### 62

EXHIB IT 2 ( co ntinue d) AN NUA L EST IMA TE D RESPONDENT HO UR A ND C OST B URDE N ST AT E PRO GR AM A PPROVA L Ho ur s an d Cos ts P er

Res ponde nt Per

A ct iv ity To ta l Ho urs and Co st s Nu mb er Ca pita l/ of Res pon. La bor Star tup O&

M Res pon. To ta l To ta l Le gal Man ag er ia l Te ch nic al Cle ric al Ho ur s/ Cost/ Co sts per Cos ts / or Ho ur s/ Cost/ In forma tion Co lle ct ion Ac tiv it y Ho ur s Ho urs Ho urs Ho ur s Ac tiv ity Ac ti vi ty Ac ti vi ty Ac ti vi ty Ac tiv
. Ye ar Year AP PR OVAL PR OCE DURES Read ing the Reg ula tions Read the r

egulations 1.00 2.00 2.00 0.00 5.00 $319.89 $0.00 $0.00 0 0 $0 Approv al Proc ed ur

esf or St ate Progr

ams (2 81.50( b)) Issue public notic e of the dev elopment of under ground st or age tank pr

ogr am 0.00 0.50 0.00 0.25 0.75 $45.93 $0.00 $0.00 1 1 $46 Rec eiv e and r

ev iew public c omme nts 0.00 1.00 4.00 0.00 5.00 $252.56 $0.00 $0.00 1 5 $253 Revi sion of Appr

ov ed St at e Programs (281.52( a) -(b)) Co llec t and submit i nfor

ma tion on c hanges i n r

egulations or shifts in r esponsibilities 2.00 10.00 8.00 5.00 25.00 $1,418.58 $0.00 $13.44 0 0 $0 Prepare and submit r

ev ise d applic ation, if r equested by

EPA 4.00 2.00 30.00 6.00 42.00 $1,927.13 $0.00 $13.44 0 0 $0 Subtota l 6 $299 W I THDRAWA L OF AP PROVA L OF ST AT E PROG RA MS Read ing the Reg ula tions Read the r

egulations 1.00 1.00 2.00 0.00 4.00 $241.43 $0.00 $0.00 0 0 $0 Procedu re s for

W ithdraw al o f Approval o f St at e Programs (2 81.61( a) (1 )) Ga ther infor ma tion for

pr ogr am tr ansfer 2.00 2.00 16.00 8.00 28.00 $1,219.50 $0.00 $0.00 0 0 $0 Prepare and submit tr

ans fer notific ation 0.00 0.50 1.00 1.00 2.50 $109.55 $0.00 $1.36 0 0 $0 Dev elop and s ubmitplan for i nfor ma tion tr ans fer at leas t 90 days befor

e the tr ansfer 4.00 2.00 8.00 2.00 16.00 $862.39 $0.00 $13.44 0 0 $0 Subtota l 0 $0 TO TA L 920 $47,461

### 63

EXHIB IT 3 AN NUA L EST IMA TE D A GENC Y HOUR A ND C OST B URDEN UST TE CH NIC AL A ND F INA NC IA L REQUIREMENT S Ho ur s an d Cos ts P er

Res ponde nt Per

A ct iv ity To ta l Ho urs and Co st s Nu mb er Ca pita l/ of Res pon. La bor Star tup O&

M Res pon. To ta l To ta l Le gal Man ag er ia l Te ch nic al Cle ric al Ho ur s/ Cost/ Co sts per Cos ts / or Ho ur s/ Cost/ In forma tion Co lle ct ion Ac tiv it y Ho ur s Ho urs Ho urs Ho ur s Ac tiv ity Ac ti vi ty Ac ti vi ty Ac ti vi ty Ac tiv
. Ye ar Year UST SY ST EMS: DES IG N, C ON ST RUC TI ON , INS TA LLAT IO N, A ND NO TIF IC AT IO N Rev ie w and file notific ation for ms 0.00 0.00 0.50 0.25 0.75 $31.22 $0.00 $0.00 15,000 11,250 $468,300 Enter infor ma tion into a database 0.00 0.00 0.00 0.10 0.10 $2.91 $0.00 $0.00 15,000 1,500 $43,650 Subtota l 12,750 $511,950 REL EA SE DET EC TI ON Rev ie w dem

onstr ation of the effec tiv eness of an alter nativ e me thod of r

elease detec tion 0.00 2.00 8.00 0.00 10.00 $519.62 $0.00 $0.00 0 0 $0 Subtota l 0 $0 REL EA SE REPO RTI NG , INV EST IG AT IO N, A ND C ON FI RMA TIO N Rev ie w and file infor

ma tion on sus pec ted r

eleases 0.00 0.50 2.00 0.50 3.00 $144.46 $0.00 $0.00 13,333 39,999 $1,926,085 Enter infor ma tion into a database 0.00 0.00 0.00 0.10 0.10 $2.91 $0.00 $0.00 13,333 1,333 $38,799 Rev ie w and file infor

ma tion on c onfir

me d r el eases 0.00 0.50 2.00 0.50 3.00 $144.46 $0.00 $0.00 8,000 24,000 $1,155,680 Enter infor ma tion into a database 0.00 0.00 0.00 0.10 0.10 $2.91 $0.00 $0.00 8,000 800 $23,280 Subtota l 66,132 $3,143,844

### 64

EXHIB IT 3 ( co ntinue d) AN NUA L EST IMATE D AGENC Y HO UR A ND C OS T BU RDE N UST TE CH NIC AL A ND F INA NC IA L REQ UIREMENTS Ho urs and Co st s Per Res ponde nt Pe r Ac tiv ity To ta l Ho urs and Co sts Nu mb er Ca pita l/ of Res pon. La bor Sta rt up O& M Res pon. To ta l To ta l Le ga l Man ageria l Tech nic al Cle ri cal Ho urs/ Cost/ Co st s pe r Costs / or Ho ur s/ Cost/ In forma tion Colle ct ion Ac tiv ity Ho urs Ho ur s Ho ur

s Ho ur

s Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv
. Year Year REL EASE RESPONSE AND C OR RE CT IVE A CT IO N F OR US T S YST EMS C ON TA INING PET RO LEUM O R HAZA RDO US SUB ST AN CE S Rec eiv e and r

ev iew initial r

esponse r

epor t 0.00 0.00 0.50 0.00 0.50 $23.94 $0.00 $0.00 8,000 4,000 $191,520 Enter infor ma ti on into a database 0.00 0.00 0.00 0.50 0.50 $14.56 $0.00 $0.00 8,000 4,000 $116,480 Rev ie w and fil e s um

ma ry re por

t of initial abatem

ent m easur es 0.00 1.00 4.00 0.25 5.25 $267.09 $0.00 $0.00 8,000 42,000 $2,136,720 Enter infor ma ti on into a database 0.00 0.00 0.00 0.25 0.25 $7.28 $0.00 $0.00 8,000 2,000 $58,240 Rev ie w and fil e infor

ma tion on ini

tial site c har

ac ter ization 0.00 1.00 4.00 0.25 5.25 $267.09 $0.00 $0.00 8,000 42,000 $2,136,720 Enter infor ma ti on into a database 0.00 0.00 0.00 0.25 0.25 $7.28 $0.00 $0.00 8,000 2,000 $58,240 Rev ie w and fil e fr

ee pr oduc t r em ov al r epor t 0.00 1.00 4.00 0.25 5.25 $267.09 $0.00 $0.00 1,600 8,400 $427,344 Enter infor ma ti on into a database 0.00 0.00 0.00 0.10 0.10 $2.91 $0.00 $0.00 1,600 160 $4,656 Rev ie w and fil e soi l and gr oundwater

inv es tigation r epor t 0.00 1.00 4.00 0.25 5.25 $267.09 $0.00 $0.00 6,000 31,500 $1,602,540 Enter infor ma ti on into a database 0.00 0.00 0.00 0.25 0.25 $7.28 $0.00 $0.00 6,000 1,500 $43,680 Rev ie w and fil e c or

re ct iv e acti on plan 1.00 2.00 8.00 0.25 11.25 $634.43 $0.00 $0.00 4,800 54,000 $3,045,264 Enter infor ma ti on into a database 0.00 0.00 0.00 0.25 0.25 $7.28 $0.00 $0.00 4,800 1,200 $34,944 Notify public of the r

elease and the c orre ct iv e ac tion plan thr ough an appr

opr iate m eans 0.00 0.00 1.00 0.25 1.25 $55.17 $0.00 $0.00 4,800 6,000 $264,816 Hol d a publichear

ing and c onsider c omme nts on the pr oposed c or

rec tiv e ac tion plan 0.00 2.00 8.00 0.00 10.00 $519.62 $0.00 $0.00 4,800 48,000 $2,494,176 Notify the owner

or oper ator whether plan is appr

ov ed or disappr ov ed 0.00 0.25 0.00 0.25 0.50 $24.34 $0.00 $1.36 4,800 2,400 $123,344 Rev ie w and fil e the r

epor t on r esults of im

plem enting the plan 2.00 4.00 16.00 0.25 22.25 $1,261.58 $0.00 $0.00 4,800 106,800 $6,055,584 Enter infor ma ti on into a database 0.00 0.00 0.00 0.25 0.25 $7.28 $0.00 $0.00 4,800 1,200 $34,944 Giv e publ ic notic e if the appr ov ed plan fails

to ac hiev e established c leanup lev els, and ter mi nation of plan is

being co ns ider ed ( failure rate of 5 per

ce nt) 0.00 0.00 1.00 0.25 1.25 $55.17 $0.00 $0.00 240 300 $13,241 Subtotal 357,460 $18,842,453 OU T- OF-SER VIC E UST SYST EMS A ND C LOSU RE Rev ie w and fil e notific ation of c losure or a c hange in ser vi ce 0.00 0.00 0.50 0.25 0.75 $31.22 $0.00 $0.00 26,000 19,500 $811,720 Subtotal 19,500 $811,720

### 65

EXHIB IT 3 ( co ntinue d) AN NUA L EST IMATE D AGENC Y HO UR A ND C OS T BU RDE N UST TE CH NIC AL A ND F INA NC IA L REQ UIREMENTS Ho urs and Co st s Per Res ponde nt Pe r Ac tiv ity To ta l Ho urs and Co sts Nu mb er Ca pita l/ of Res pon. La bor Sta rt up O& M Res pon. To ta l To ta l Le ga l Man ageria l Tech nic al Cle ri cal Ho urs/ Cost/ Co st s pe r Costs / or Ho ur s/ Cost/ In forma tion Colle ct ion Ac tiv ity Ho urs Ho ur s Ho ur

s Ho ur

s Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv ity Ac tiv
. Year Year FI NA NC IA L RESPONSIB IL ITY Rev ie w and fil e s ubmitted financ ia l as suranc e infor ma tion 0.00 0.00 0.50 0.25 0.75 $31.22 $0.00 $0.00 8,000 6,000 $249,760 Enter financ ial assuranc e infor mation i nto a database 0.00 0.00 0.00 0.10 0.10 $2.91 $0.00 $0.00 8,000 800 $23,280 Notify owner

s or oper ator s if they no longer me et financ ial assuranc e r es ponsibilities 0.00 0.25 0.00 0.25 0.50 $24.34 $0.00 $1.36 4,220 2,110 $108,440 Rev ie w and fil e notific ation of fail ur e to obtain alter

nativ e financ ial assur

anc e due to c anc ellation or non-re newal of polic y 0.00 0.25 1.00 0.25 1.50 $72.23 $0.00 $0.00 422 633 $30,481 Enter financ ial assuranc e infor mation i nto a database 0.00 0.00 0.00 0.10 0.10 $2.91 $0.00 $0.00 422 42 $1,228 Rev ie w and fil e notific ation of c om me nc em ent of bank ru ptc y pr oc edur es 0.00 0.25 1.00 0.25 1.50 $72.23 $0.00 $0.00 2,110 3,165 $152,405 Enter financ ial assuranc e infor mation i nto a database 0.00 0.00 0.00 0.10 0.10 $2.91 $0.00 $0.00 2,110 211 $6,140 Rev ie w and fil e notific ation of fail ur e to obtain alter

nativ e financ ial assur

anc e due to bank ruptc y 0.00 0.25 1.00 0.25 1.50 $72.23 $0.00 $0.00 211 317 $15,241 Enter financ ial assuranc e infor mation i nto a database 0.00 0.00 0.00 0.10 0.10 $2.91 $0.00 $0.00 211 21 $614 Subtotal 13,299 $587,589 TO TA L 469,141 $23,897,556

### 66

EXHIB IT 4 AN NUA L EST IMA TE D A GENC Y HOUR A ND C OST B URDEN ST AT E PRO GR AM A PPROVA L

Ho ur s an d Cos ts P er

Res ponde nt Per

A ct iv ity To ta l Ho urs and Co st s Nu mb er Ca pita l/ of Res pon. La bor Star tup O&

M Res pon. To ta l To ta l Le gal Man ag er ia l Te ch nic al Cle ric al Ho ur s/ Cost/ Co sts per Cos ts / or Ho ur s/ Cost/ In forma tion Co lle ct ion Ac tiv it y Ho ur s Ho urs Ho urs Ho ur s Ac tiv ity Ac ti vi ty Ac ti vi ty Ac ti vi ty Ac tiv
. Ye ar Year COMPON ENT S O F A PROGRA M A PPLI CAT ION Examine s

tate pr ogr am applic ation and notify the s tate whether

the applic ation i s co mp lete 0.00 1.00 4.00 0.00 5.00 $259.81 $0.00 $0.00 1 5 $260 Rev ie w the c omplete state pr ogr am applic ation and tentativ ely deter mi ne appr

ov al or di sappr ov alfor s tate pr ogr am 8.00 16.00 40.00 0.00 64.00 $3,867.90 $0.00 $0.00 1 64 $3,868 Issue public notic e of the tentativ e dec ision 0.00 0.50 0.00 0.25 0.75 $41.41 $0.00 $0.00 1 1 $41 Rec eiv e and r

ev iew public c omme nts 0.00 1.00 4.00 0.00 5.00 $259.81 $0.00 $0.00 1 5 $260 Co nduc t public hear

ing, if nec essary 0.00 2.00 2.00 0.00 4.00 $232.29 $0.00 $0.00 1 4 $232 Mak e a final dec ision on appr ov alor di sappr ov alfor a state pr ogr am 0.00 1.00 4.00 0.00 5.00 $259.81 $0.00 $0.00 1 5 $260 Issue noti ce of the final dec isio n 0.00 0.50 0.00 0.25 0.75 $41.41 $0.00 $0.00 1 1 $41 Subtota l 85 $4,962 AP PR OVAL PR OCE DURES Rev ie w the r

ev ision of appr

ov ed s tate pr ogr am and tentativ ely

deter mi ne appr

ov al or disappr ov al 2.00 4.00 10.00 0.00 16.00 $966.98 $0.00 $0.00 0 0 $0 Issue public notic e of the tentativ e dec ision 0.00 0.50 0.00 0.25 0.75 $41.41 $0.00 $0.00 0 0 $0 Noti fy state if dec isio n r

ec eiv es negativ e public comme nt and either wi thdr aw the dec isio n or

r es pond to the negativ e public co mme nts 0.00 1.00 4.00 0.25 5.25 $267.09 $0.00 $1.36 0 0 $0 Subtota l 0 $0 W I THDRAWA L OF AP PROVA L OF ST AT E PROG RA MS Rev ie w and file tr

ansfer notifi ca tion and plan 1.00 2.00 8.00 0.25 11.25 $634.43 $0.00 $0.00 0 0 $0 Publi sh notic e of the tr

ansfer 0.00 0.50 0.00 0.25 0.75 $41.41 $0.00 $0.00 0 0 $0 Co nduc t withdr

awal pr oc eedi ngs i n ac co rd anc e wi th 40 C FR271.23( b)

and (c) 2.00 4.00 16.00 0.00 22.00 $1,254.30 $0.00 $0.00 0 0 $0 Subtota l 0 $0 TO TA L 85 $4,962

### 67 

### 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 state s (as respondents seeking program approval or program revision). As shown in the exhibit, EPA estimates the annual respondent burden to be approximately 6.8 million hours and $ 479 million. The bottom line burden to respondents over three years is estimated to be approximately 20.3 million hours and $ 1.4 b illion.

EXH IB IT 5 TO TA L EST IMA TE D A NNUA L RESPONDENT HO UR A ND C OST B URDEN SUMMA RY To ta l Ca pi ta l/ To ta l Ho ur s/ La bor St ar tup O & M Cost / In forma ti on Colle ct io n Ac tiv it y Year Cost Cost Co st Year Tec hni ca l and F inanc ial Requi re me nts 6,750,138 $199,794,372 $60,337,980 $219,310,452 $479,442,805 State Pr ogr am Appr ov al 920 $47,381 $0 $79 $47,461 TOTA L 6,751,058 $199,841,753 $60,337,980 $219,310,531 $479,490,266 

### (2) Agency Tally Exhibit 6 summarizes the total annual Agency hour and cost burden associated with all of the requirements covered in thi s I CR. As shown in the exhibit, EPA estimates the annual Agency burden to be approximately 470,000 hours and $ 24 million. The bottom line burden to the Agency

over three years is estimated to be approximately 1. 4 million hours and $ 72 million.

EXH IB IT 6 TO TA L EST IMA TE D A NNUA L AGE NC Y HO UR A ND C OST B URDEN SUMMA RY To ta l Ca pi ta l/ To ta l Ho ur s/ La bor St ar tup O & M Cost / In forma ti on Colle ct io n Ac tiv it y Year Cost Cost Co st Year Tec hni ca l and F inanc ial Requi re me nts 469,141 $23,885,319 $0 $12,237 $23,897,556 State Pr ogr am Appr ov al 85 $4,962 $0 $0 $4,962 TOTA L 469,226 $23,890,281 $0 $12,237 $23,902,518 

### 6(f) Reasons for Change in Burden This I CR presents a comprehensive description of the total annual respondent burden for all information collection activities related to the UST program. In renewing this ICR, EPA has updated its respondent universe and burden estimates based on updated data from the Office of Underground Storage Tanks (OUST) and the regulated community

. Because of these updated data, the total annual time burden to respondents has in creased 13 percent ( 781,841 hours) from the previous IC R (from 5, 969,217 hours per year to 6,751,058 hours per ye ar).

### 68 

### 6(g) Burden Statement Exhibit 7 presents the average annual respondent time burden for each UST facility and for each state that has a federal ly

- approved UST program, or will appl y for program approval. For UST facilities, as shown in the exhibit, the total time burden for conducting the activities covered in this ICR is estimated to average approximately 32 hours per respondent annually

. Of this, the reporting burden is estimated to average 18 hours per respondent per year. This estimate includes time for preparing and submitting notices, preparing and submitting demonstrations and applications, reporting releases, gathering information, and preparing and submitting reports. The recordke eping burden for UST facilities is estimated to average 14 hours per respondent per ye ar. This estimate includes time for gathering information and for developing and maintaining records. The burden for third party disclosure is estimated to average 0.4 hours per respondent per ye ar. This estimate includes time to notify a purchaser of an UST of the owner’s notification obligations.
EXH IB IT 7 TO TA L AV ER AG E A NNUA L RE SPON DENT B URDE N

In forma ti on Colle ct ion Ac ti vi ty Av er ag e Rep or ti ng Bur de n (H our

s) Av er

ag e Reco rd keep in g Bur de n (H our

s) Av er

ag e T hi rd Par ty Di sc los ur

e Bur de n (H our

s) To ta l Av er ag e Bur de n (H our s) Te ch ni ca l and Financ ia l Requi rem ents 18.05 13.60 0.35 32.00 State Pr ogr am Appr ov al 8.43 14.58 0.00 23.01


### For state s applying for program approval and for state s that have approved programs, the total time burden is estimate d to average approximately 23 hours per state annually . The reporting burden is estimated to average approximately 8 hours per respondent per year. This estimate includes time for preparing and submitting an application and associated information. The recordkeeping burden is estimated to average approximately 1 5 hours per respondent per ye ar. This estimate includes time for maintaining application files. Burden means the total time, effort , or financial resources expended b y persons to generate, maintain, retain , disclose , or provide information to or for a federal agency . This includes the time needed to review instructions; develop, acquire, install , and utilize technology

and systems for the purposes of collecting, validating , verifying, processing , maintaining, 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, inc luding the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA

- HQ

- UST

- 20 10

- 0 625 , which is available for online viewing at www.regulations.gov , or in per son at the UST Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334 , 1301 Constitution Ave., NW,

### 69



### Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday

through Friday , excluding legal holidays. The telephone number for the Reading Room is 202

- 566

- 1744 and the telephon e number for the UST Docket is 202

- 566

- 0270. Use www.regulations.gov to submit or view public comments, to access the index listing of the contents of the public docket and to access those documents in the public docket that are available electronicall y. Comments can also be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washingto n, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( EPA

- HQ

- UST

- 20 10

- 0625 ).