SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 1360.12

“UNDERGROUND STORAGE TANKS: TECHNICAL AND FINANCIAL

REQUIREMENTS, AND STATE PROGRAM APPROVAL PROCEDURES”

February 2011
TABLE OF CONTENTS

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

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

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

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

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

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

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

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

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

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

3(d) Effects of Less Frequent Collection.............................................................................. 9

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

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

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

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

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

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

5. THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT......................................... 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
 1

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of the Information Collection

This Information Collection Request (ICR) is entitled “Underground Storage Tanks: Technical 

and Financial Requirements, and State Program Approval Procedures,” EPA ICR Number 

1360.12.

1(b) Short Characterization

Subtitle I of the Resource Conservation and Recovery Act (RCRA), as amended, requires the 

U.S. Environmental Protection Agency (EPA) to develop standards for underground storage tank 

systems (USTs), as may be necessary, to protect human health and the environment, and 

procedures for approving state programs in lieu of the federal program. EPA promulgated 

technical and financial 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 ICR examines the UST information collection requirements of 40 CFR Parts 280 and 281. 

Sections 1 through 5 of the ICR describe the information collection requirements (e.g., in regard 

to need and use of the information collected). Section 6 estimates the annual hour and cost 

burden to respondents and the Agency under these requirements. The ICR presents all 40 CFR 

Part 280 requirements under the heading “Technical and Financial Responsibility Requirements” 

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

(1) Technical and Financial Responsibility Requirements

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

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

 Program scope and interim prohibition;

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

 General operating requirements;

 Release detection; 

 Release reporting, investigation, and confirmation;

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

hazardous substances;

 Out-of-service UST systems and closure; 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 ICR.

 

(a) Program Scope and Interim Prohibition

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

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

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

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

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

requirements associated with this 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 systems 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 system to 

have a release due to corrosion during its operating life. Section 280.20(e) requires owners and 

operators to install systems properly, and complete and submit certification information. Section 

280.21 requires periodic inspection of internally 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 Systems - 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

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

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

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

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

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

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

 Reporting (§280.34(a));

 Recordkeeping (§280.34(b)); and

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

(d) Release Detection

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

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

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, investigation, 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 be 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 following 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 response and corrective action requirements at 40 CFR Part 280, 

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

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

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

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

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

procedures to the implementing agency. The information collection requirements associated 

with release response and corrective action are contained in the following 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 promulgated closure and out-of-service standards at 40 CFR Part 280, Subpart G. Owners 

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

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

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

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

CFR sections: 

 Permanent Closure and Changes-In-Service Notification (§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. Generally, each respondent must obtain and keep on file proof of 

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

collection requirements associated with financial responsibility are contained in the following

CFR sections: 

 Financial Test of Self-Insurance (§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 Test (§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 Financial Assurance (§280.109);

 Reporting by 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 states 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 information 

collection requirements:

 Components of a Program Application (Subpart B);

 Adequate Enforcement of Compliance (Subpart D);

 Approval Procedures (Subpart E); and

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

A brief summary of the information collection requirements associated with the state program 

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

activities associated with each of the information collection requirements is presented in section

4(b) of this ICR.

(a) Components of a Program Application 

EPA promulgated state program application information requirements at 40 CFR Part 281, 

Subpart B. A state must gather information, and develop and submit a program application to 

EPA for review. The application process includes obtaining information from the governor and 

attorney general, and preparing a description of the program. The information collection 

requirements associated with applying for state program approval are contained in the following

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 

281.50(b) specifies that all states seeking approval to implement a state program in lieu of the 

federal program must issue a notice for public comment indicating that the state is developing its 

tank program. 

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

requirements associated with approval procedures for revisions of state programs are contained 

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

(d) Withdrawal of Approval of State Programs

EPA promulgated requirements for withdrawal of state program approval at 40 CFR Part 281, 

Subpart F. A state may, at any time, transfer responsibilities by developing and submitting a 

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

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

of Approval of State Programs.”

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need and Authority for the Collection

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

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

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

program. This data collection is critical for detecting releases from leaking UST systems, spills, 

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

information on UST systems and to ensure prompt action when releases are detected. 

(1) Technical and Financial Responsibility Requirements

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

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

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

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

standards and other requirements.

Section 9003(a) through (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 detection system, requirements for reporting 

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

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

releases and to prevent future releases of regulated substances into the environment.
 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 bodily injury and property damage caused by sudden and nonsudden accidental releases from 

USTs. In order to comply with the regulations, private owners and operators and local 

government owners and operators must demonstrate financial responsibility using one or a 

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

responsibility for corrective action and third party liability is evidenced by numerous instances of 

environmental damage resulting from regulated substances being released from tanks. EPA 

requires this reporting and recordkeeping to ensure the financial ability of owners and operators 

of USTs to remediate or pay for damages resulting from releases.

(2) State Program Approval Procedures

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

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

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

adequate enforcement of its regulations. 

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

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

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

2(b) Practical Utility and Users of the Data

(1) Technical and Financial Responsibility Requirements

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

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

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

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

Notifications and submitted information on technical standards or financial assurance are used by 

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

information is also used in the event of a release to decide whether funds from the Leaking 

Underground Storage Tank Trust Fund will be used to pay for corrective action.

(2) State Program Approval Procedures

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

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

program and contain adequate enforcement mechanisms. EPA uses each part of the 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 by the UST regulations is not available from any source but the 

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

in compiling data for UST monitoring, recordkeeping, reporting, and testing requirements, 

provided the information meets the requirements specified in the regulations. 

3(b) Public Notice

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

the Federal Register on August 10, 2010 (Volume 75, Number 153, 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 underlying assumptions in this ICR (e.g., burden hour estimates) are based on EPA 

consultations with industry and states that were conducted in renewing previous UST ICRs. In 

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

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

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

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

rates). EPA’s assumptions regarding hour and cost burden are fully discussed in section 6(d) of 

this document. 

During this renewal, EPA conducted its consultations with the following organizations:

Name of Organization Name of Contact Person Telephone Number

Industry

Ami Adini & Associates Larry Witwer 323-913-4073

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
 9

3(d) Effects of Less Frequent Collection

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

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

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

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

requirements specified under the regulations are not met, neither the facilities nor EPA can 

ensure that UST systems are being managed in a manner protective of human health and the 

environment. 

3(e) General Guidelines

This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB’s 

implementing regulations, EPA’s ICR Handbook, and other applicable OMB guidance.

3(f) Confidentiality

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

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

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

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

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

information collection complies with the Privacy Act of 1974 and OMB Circular 108.

3(g) Sensitive Questions

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

requirements. 

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents and SIC/NAICS Codes

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

American Industrial Classification System (NAICS) codes associated with industries most likely

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

SIC Code SIC Code Description NAICS Code NAICS Code Description

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 325510 Paint and Coating Manufacturing

2869 Industrial Organic Chemicals

325110 Petrochemical Manufacturing

325188 All Other Basic Inorganic Chemical Manufacturing

325193 Ethyl Alcohol Manufacturing

325120 Industrial Gas Manufacturing

325199 All Other Basic Organic Chemical Manufacturing

2899 Chemical Preparations

325510 Paint and Coating Manufacturing

311942 Spice and Extract Manufacturing

325199 All Other Basic Organic Chemical Manufacturing

325998 All Other Miscellaneous Chemical Product and 

Preparation Manufacturing

2911 Petroleum Refining 324110 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

332710 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

336330

Motor Vehicle Steering and Suspension Components 

(except Spring) Manufacturing

336340 Motor Vehicle Brake System Manufacturing

336350

Motor Vehicle Transmission and Power Train Parts 

Manufacturing

336399 All Other Motor Vehicle Parts Manufacturing

4212 Local Trucking Without Storage

562112 Hazardous Waste Collection

562119 Other Waste Collection

484110 General Freight Trucking, Local

484210 Used Household and Office Goods Moving

484220

Specialized Freight (except Used Goods) Trucking, 

Local

4911 Electric Services

221111 Hydroelectric Power Generation

221112 Fossil Fuel Electric Power Generation

221113 Nuclear Electric Power Generation

221119 Other Electric Power Generation

221121 Electric Bulk Power Transmission and Control

221122 Electric Power Distribution

486210 Pipeline Transportation of Natural Gas

5171 Petroleum Bulk Stations and 

Terminals

454311 Heating Oil Dealers

454312 Liquefied Petroleum Gas (Bottled Gas) Dealers

424710 Petroleum Bulk Stations and Terminals

5511 New and Used Car Dealers 441110 New Car Dealers

5541 Gasoline Service Stations

447110 Gasoline Stations with Convenience Store

447190 Other Gasoline Stations

7538 General Automotive Repair Shops 811111 General Automotive Repair
 12

4(b) Information Requested

In the following paragraphs, EPA describes the UST technical and financial 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 ICR summarizes the information collection requirements, and associated data items and 

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

 Program Scope and Interim Prohibition (Subpart A);

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

 General Operating Requirements (Subpart C);

 Release Detection (Subpart D);

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

 Release Response and Corrective Action for UST Systems Containing Petroleum 

or Hazardous Substances (Subpart F);

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

 Financial Responsibility (Subpart H).

(a) Program Scope and Interim Prohibition

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

the regulations. Deferrals include the following types of UST systems, unless a corrosion expert 

finds the site to be relatively non-corrosive: (1) wastewater treatment tank systems, (2) regulated 

radioactive material systems, (3) emergency generation systems at a nuclear power generation 

facility, (4) airport hydrant fuel distribution systems, and (5) field-constructed tank systems. 

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

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

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

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

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

(i) Data Items:

 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, Installation, and Notification

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

Corrosion Protection

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

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

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

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

corrosion protection to maintain records that demonstrate that a corrosion expert determined the 

site not to be corrosive enough to cause the UST system to have a release due to corrosion during 

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

tank and/or piping.

(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 

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

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

notification form in accordance with section 280.22 (§280.20(e)).

(i) Data Item:

 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 years 

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

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

specifications.

(i) Data Items:

 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 years after lining and every 5 years 

thereafter; and

 Maintain records. 

[NOTE: Although section 280.21(b) does not explicitly require maintenance of inspection 

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

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

under this section. Because most of these codes of practice require maintenance of inspection 

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

use these inspection records for enforcement purposes.]

(b4) Notification Requirements

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

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

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

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

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

(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 system 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) General Operating Requirements

(c1) Operation and Maintenance of Corrosion Protection

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

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

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

compliance with performance standards for UST systems using cathodic protection.

(i) Data Items:

 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 system (§§280.31(b)(1) and (2)); 

and

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

three inspections of the cathodic protection equipment on UST systems 

(§280.31(c)).

 

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 years 

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

system (§280.33(e));

 Conduct the inspection for impressed current cathodic protection systems every

60 days; 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 system is used to store regulated 

substances (§280.33(f)). 

(i) Data Items:

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

(ii) Respondent Activities:

 Gather information on each repair;

 Conduct tightness testing 30 days after repair in accordance with 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 fully with the implementing 

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

implementing agency the information gathered and requested in sections 280.20(e), 280.22, 

280.50, 280.53, 280.61, 280.62, 280.63, 280.64, 280.65, 280.66, and 280.71. Data items and 

respondent activities, as well as the associated hour and cost burden, are specified and covered in 

each of the respective sections (§280.34(a)). 
 17

(c4) Recordkeeping

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

implementing agency concerning the recordkeeping, availability, and maintenance of 

information. Owners and operators must maintain the information requested in sections 

280.20(a)(4), 280.20(b)(3), 280.31, 280.33(f), 280.45, 280.74. Data items and respondent 

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

respective sections.

(d) Release Detection

(d1) General Requirements for All UST Systems

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

Section 280.40 also provides that, when a release detection method indicates that a release may

have occurred, owners and operators must notify the implementing agency in accordance with 

Subpart E. Data items and respondent activities associated with release detection requirements 

are covered 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 release 

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

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

(i) Data Items:

 Records of inventory control, including the following:

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,3including weekly records of tank liquid 

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

period during which the contents of the tank are not disturbed 

(§280.43(b)(1));

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 systems that do not meet the 

performance standard found in section 280.40(a)(3), records of 

inventory control (or another test of equivalent performance, 

conducted in accordance with the requirements of section 

280.43(a) (§280.43(d)(2)));

o Monthly records of vapor monitoring within the soil gas of the excavation 

zone (§280.43(e));

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

o Monthly records of interstitial monitoring between the UST system 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 only (i.e., without tank tightness testing), record two 

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

minimum time period each week, and reconcile measurements monthly;

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

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

 If using vapor monitoring, record results of monthly 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 to meet the release 

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

maintain the following types of measurement records to demonstrate compliance. 

(i) Data Items:

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

portion of the underground piping that routinely contains regulated substances 

(§280.44(c)). [Burden associated with this requirement is already covered in the 

Release Detection for Tanks subsection above.]

(ii) Respondent Activities:

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

in accordance with the manufacturer’s requirements; and either

 Conduct and record results of an annual line tightness test;6or

 

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 system used, and the way the claims 

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

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

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

detection system located permanently 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 year unless implementing 

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

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

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

after servicing was completed, unless implementing agency advises 

otherwise; and

o Manufacturer calibration and maintenance schedules - five years 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 hours to the implementing 

agency if a release is suspected and the release exceeds 25 gallons (or for hazardous substances 

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

 

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:

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

surrounding area (§280.50(a));

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

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

 Monitoring results from a release detection method required under sections 

280.41 and 280.42 that indicate a release may have occurred, unless (1) a 

monitoring device is found to be defective, and upon repair, re-calibration, or 

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

inventory control does not confirm the initial result (§§280.50(c)(1) and (2)).

(ii) Respondent Activities:

 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 by 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 by the implementing agency, or that 

causes a sheen on nearby 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 reportable 

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 by the implementing agency. The initial response is a release 

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

(§280.61(a)).

(i) Data Item:

 Release report.

(ii) Respondent Activity:

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

mail).

(f2) Initial Abatement Measures Report and Site Check

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

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

steps taken and any resulting information or data in accordance with section 280.62(a).

(i) Data Item:

 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 by the implementing agency, in a manner that demonstrates its applicability and 

technical adequacy, or in a format and according to the schedule required by the implementing 

agency.

(i) Data Items:

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

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

subsurface soil conditions, locations of subsurface sewers, climatological 

conditions, and land use (§280.63(a)(2));

 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 instructions.

(f4) Free Product Removal

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

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

Under section 280.64(d), owners and operators must assemble information and prepare and 

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

(i) Data Items:

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

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

(§280.64(d)(2));

 Type of recovery system used (§280.64(d)(3));
 24

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

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

(§280.64(d)(5));

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

(§280.64(d)(6)); and

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

(ii) Respondent Activities:

 Gather information for free product removal report; and

 Prepare and submit report.

(f5) Investigations for Soil and Groundwater Cleanup

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), owners and operators must submit information 

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

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

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

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

(i) Data Item:

 Information on soil and groundwater impacts of release. 

(ii) Respondent Activities:

 Gather information from soil and groundwater cleanup investigations; and

 Submit collected information.

(f6) Corrective Action Plan

Section 280.66 specifies corrective action requirements for USTs. The implementing agency

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

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

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

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

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

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

 Report the results of implementing the plan.

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

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

Section 280.71(a) requires that owners and operators notify the implementing agency of any

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

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

The notification can be made using section X of the general notification 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 results of the excavation zone assessment required in 
 26

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

(i) Data Items:

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

(ii) Respondent Activities:

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

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

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 apply to all owners of 

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

280.90(d). Owners of existing USTs, except for local government entities, were required to 

comply with the financial 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 responsibility. In addition to these options, a 

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

sections 280.104 through 280.107. Each of these options is described in detail below in 

Subsections (2) through (14). [NOTE: This ICR aggregates the burden associated with each of 

these financial mechanisms; the reporting burden for financial responsibility requirements is 

presented under section 280.110 and the recordkeeping burden is presented under section 

280.111.]

Financial Test of Self Assurance

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

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

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

(i) Data Items:

The section 280.95(b) criteria require the following data items:
 27

 A letter signed by 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 year-end financial statements of the owner or operator, or the guarantor, 

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

 A letter signed by the CFO, worded exactly as in 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 days of finding that he or she 

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

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

(ii) Respondent Activities:

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

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

Commission, Energy Information Administration, or Rural Electrification 

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

 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 by the implementing agency, that he or she no longer meets the 

financial test.

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

(reporting) and section 280.111 (recordkeeping).]

Guarantee

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

financial responsibility requirements.

(i) Data Items:

 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 ICR.]

(ii) Respondent Activities:

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

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

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

(recordkeeping).]

Surety Bond

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

financial responsibility requirements.

(i) Data Items:

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

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

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

(ii) Respondent Activities:

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

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

(recordkeeping).]

Letter of Credit

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

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

[The trust agreement burden is covered subsequently in this ICR.]

(ii) Respondent Activities:

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

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

(recordkeeping).]
 30

Use of State-Required Mechanisms

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

the requirements of section 280.93 by using a state-required financial mechanism, if approved by 

the EPA region. The owner or operator, state, or any other party 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 copy of the petition package.

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

(reporting) and section 280.111 (recordkeeping).]

State Fund or Other State Assurance

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

the requirements of section 280.93 by using a state fund or other state assurance, if approved by

the EPA region. To satisfy the requirements of section 280.93, the owner or operator must 

obtain a letter or certificate from the state.

(i) Data Item:

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

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

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

(ii) Respondent Activities:

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

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

(recordkeeping).]
 31

Trust Fund

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

financial responsibility requirements.

(i) Data Items:

 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 ICR covers the burden associated with these activities under section 280.110 

(reporting) and section 280.111 (recordkeeping).]

Standby Trust Fund

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

the financial responsibility requirements. Owners and operators using mechanisms described in 

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

the other requirements of those sections.

(i) Data Items:

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

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

(ii) Respondent Activities:

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

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

(recordkeeping).]
 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 copy of the owner or operator’s bond rating of the past 12 months by Moody’s 

or Standard and Poor’s (§280.104(c));

 A letter from the CFO exactly as stated in 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 copy 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 ICR covers the burden associated with these activities under section 280.110 

(reporting) and section 280.111 (recordkeeping).]

Local Government Financial Test

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

requirements of section 280.93 by passing a financial test.

(i) Data Items:

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

following (§280.105(b)(1)):

o Total revenues;

o Total expenditures;

o Local revenues;

o Debt service;

o Total funds; and

o Population served by the local government.

 Letter from CFO exactly as stated in 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 longer meets the financial test requirements (§280.105(f)).

(ii) Respondent Activities:

 Maintain a copy 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 records of current financial conditions;

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

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

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

financial test requirements. 

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

(reporting) and section 280.111 (recordkeeping).]

Local Government Guarantee

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

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

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

governmental relationship” with the owner of operator.

(i) Data Items:

 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 copy 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 copy of the CFO letter in section 

280.107 (§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 (§280.106(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 ICR 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 copy of the constitutional provision or local government statute, charter, 

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

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

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

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

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

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

(ii) Respondent Activities:

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

 Maintain a copy 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 ICR 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 alternate financial assurance to the original 

financial assurance provider.

[NOTE: This ICR covers the burden associated with this activity under section 280.110 

(reporting) and section 280.111 (recordkeeping).]

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

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

to the procedures outlined in section 280.109. The data item associated with such an action is a 

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

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

must inform the implementing agency of the failure to obtain coverage. 

(i) Data Items:

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

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

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

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

(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 ICR Supporting Statement. All other recordkeeping requirements under section 

280.111 (i.e., 40 CFR 280.111(b)(1)-(b)(10)) are covered under each section of the regulations in 

which the paperwork is generated.]

(h5) Bankruptcy or Other Incapacity

Section 280.114 sets forth notification requirements regarding bankruptcy or other incapacities 

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

these requirements must be submitted within 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 notice 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 necessary, prepare and submit a notification of inability to obtain alternate 

financial assurance within 30 days.

(2) State Program Approval Procedures

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

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

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

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

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

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

 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 state seeking to administer its own UST program must submit 

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

(§281.20(a)).

(i) Data Item:

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

(§281.20(a)).

(ii) Respondent Activities:

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

 Submit the letter to the implementing agency.
 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 systems containing petroleum or hazardous 

substances or both;

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

program, and in what ways; 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 

(§281.21(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 procedures (§§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 program 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 stating that the laws of the state are sufficiently 

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

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

lands (§§281.25 and 281.20(f)).

(i) Data Item:

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

are sufficiently stringent to enforce the proposed state program, including 

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

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

(ii) Respondent Activities:

 Draft and submit the statement from the attorney general.

(a6) Copies of Statutes and Regulations

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 states with approved programs to furnish to EPA, at any time, 

information in state files on the administration of the program, including data on enforcement 

and compliance under section 281.40. This includes information submitted to the state with or 

without a claim of confidentiality (§281.43(a)). 

(i) Data Item:

 Information on program administration, including data on enforcement and 

compliance under section 281.40.

(ii) Respondent Activities:

 Maintain files and current information on program administration; and

 Submit information to EPA, if requested.

(c) Approval Procedures

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

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

(i) Data Items:

 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 state.

(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 regulations 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 by 

federal law (§281.61(a)(1)).

(i) Data Items:

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

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

information.

(ii) Respondent Activities:

 Gather information;

 Prepare and submit transfer notification; 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 overly 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 if requested. This analysis 

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

facility inspections. 
 42

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

information, including notification forms; site, chemical property, and health information; 

information on suspected releases, spills or overfills; site characterizations; abatement procedure 

information; free product information; soil and groundwater information; corrective action plans 

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

information listed above is also entered into a database for the purposes of recordkeeping and 

analysis.

EPA or the implementing agency must notify owners and operators of approval or disapproval of 

corrective action plans. The implementing agency also is responsible for conducting public 

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

remediate a release. EPA or the implementing agency also must notify owners and operators if 

they fail to meet the requirements of financial assurance at any time.

(2) State Program Approval Procedures

States applying for program approval must follow procedures at 40 CFR Part 281. EPA must 

review and file program applications and all associated information, as described in section 

281.50. EPA must determine approval or disapproval for all new or revised state program 

applications. EPA is required to issue public notice of all decisions and consider public 

comments. EPA must issue public notice of any transfer of program responsibilities. EPA also 

must inform a state with an approved program if EPA is planning to take enforcement action 

against violators of the UST regulations. 

5(b) Collection Methodology and Management

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

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

ensures the accuracy and completeness of the collected information by reviewing each submittal. 

5(c) Small Entity Flexibility

In promulgating the UST regulations covered under this ICR, EPA attempted to minimize the 

reporting and recordkeeping burden for small businesses. In addition, EPA provided flexibility

to small- and medium-sized owners and operators of petroleum USTs for meeting financial 

responsibility requirements in order to reduce burden and cost to these groups.

5(d) Collection Schedule

(1) Technical and Financial 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 types of data according to 

the following schedules: 
 43

 One-time collections: Notification forms, certification of compliance with 

corrosion protection and system installation, alternative technology information 

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

 On-going collections: Inspection and testing of corrosion protection; performance 

of release detection; maintenance of installation, inspection, corrosion protection, 

repair, release detection, and financial responsibility records.

 Special circumstance collections: Release reporting and response information, 

including site information and characterization, chemical property and health 

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

groundwater investigation information, corrective action plans, and

implementation reports. 

(2) State Program Approval Procedures

States applying for program approval submit most of their information in a one-time application, 

but also must submit additional information if requested by EPA. EPA collects all submitted 

information according to the following frequency: 

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

and revised application.

 Special circumstance collections: Withdrawal of approval of state program 

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

program responsibilities. 

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 type) 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 ICR 

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 Respondent Costs

EPA estimates respondent costs for all activities covered in this ICR in Exhibits 1 and 2. These 

costs are based on the cost of labor, capital, and operation and maintenance (O&M).

Labor Costs 

Table 1 shows the estimated average hourly labor cost (including overhead and fringe), by labor 

category, for facilities/contractors and states.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 $27

To obtain hourly labor costs for facilities/contractors and states, EPA referred to May 2009 mean 

hourly wages provided by the Bureau of Labor Statistics (BLS).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. Mean 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 Employment Cost Index.11 EPA then factored in the costs 

of fringe benefits: 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 physical good needed to provide the needed 

information, such as machinery, computers, and other equipment. For this ICR, capital costs 

include the cost of monitoring equipment for facilities that choose to comply with release 

detection requirements by using vapor monitoring, groundwater monitoring, or interstitial 

monitoring methods. These capital costs are shown in Exhibit 1 and are further described in 

section 6(d).

Operation 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 by the Paperwork Reduction Act of 1995 as “the recurring 

dollar amount of costs associated with O&M or purchasing services.” For this ICR, O&M costs 

include:

 

http://www.bls.gov/oes/current/naics3_447000.htm. Mean hourly wages for management occupations 

(occupation code 11-0000), first-line supervisors/managers of transportation and material-moving 

machine and vehicle operators (occupation code 53-1021), and office clerks, general (occupation code 43-

9061).

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 compensation: State and local government workers, by occupational and industry group, 

June 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 $0.46 to mail a 

1-ounce package (i.e., $0.44 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 photocopy 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 not include contractors who bill by the hour.

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

6(c) Estimating Agency Hour and Cost Burden

EPA estimates the Agency hour and cost burden associated with all information collection 

requirements covered in this ICR in Exhibits 3 and 4. As shown in the exhibits, EPA estimates 

an average hourly labor cost of $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 $29.12 for clerical staff 

(GS-6, Step 1). To derive these hourly estimates, EPA referred to unloaded (base) hourly rates

for various labor categories in the Federal Government from the U.S. Office of Personnel 

Management.14 EPA then applied the standard government loading factor 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 universe over the three years 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 by this ICR. EPA also estimates that, each year, owners and operators will close an 

average of 26,000 USTs and install an average of 15,000 new USTs. EPA estimates that a 

portion of the new USTs will be installed at new facilities (i.e., facilities that have not operated 

USTs in the past), with the remainder of new USTs installed at existing UST facilities.

 

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 2011 Year 2012 Year 2013 Average

Underground Storage Tanks

Existing USTs 596,000 586,000 575,000 585,667

New USTs installed 15,000 15,000 15,000 15,000

USTs closed 26,000 26,000 26,000 26,000

Facilities with 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 states expected to seek and obtain EPA program 

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

on average, to seek program approval each year. 

Table 3

Annual Number of States Expected to Receive 

EPA Program Approval During the Period Covered by the ICR

Number of State Program

Approvals per Year Average Annual Number of 

State Program Approvals 

Year During 2011 to 2013

2011

Year 

2012

Year 

2013

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 onetime, on-going, or special circumstance basis. The remainder of this subsection describes how 

EPA arrived at each of the respondent estimates contained in Exhibit 1.
 48

(a1) Program Scope and Interim Prohibition

EPA expects all owners and operators of deferred UST systems to equip them with corrosion 

protection if these systems are constructed of steel. Therefore, EPA expects that no owners or 

operators will have to read this part of the regulations, have a corrosion expert assess their sites,

or maintain records.

(a2) UST Systems: Design, Construction, Installation, and Notification

The owners and operators of newly regulated facilities will read the design, construction, 

installation, and notification regulations. Thus, this activity will be performed each year at an 

average of 5,000 facilities (see Table 2). 

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

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

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

EPA expects owners and operators to prepare and submit a certificate of installation and a 

notification in a single form for a new or replaced facility with USTs or for a new or replaced 

individual UST system. EPA estimates that 75 percent of new USTs are installed together with 

other new USTs, with 2.78 USTs per facility (number of notifications = 75% * 15,000 / 2.78),

and 25 percent of new USTs are installed as a single UST at a facility (25% * 15,000). 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 systems to inspect their tanks every five years. EPA estimates that each 

year 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 corrosion 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 $1,475, which includes a 

$1,365 contractor fee for conducting the inspection and $110 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 year. 

Owners and operators selling an UST must inform the buyer of his or her notification 

obligations.

 

15

 Although section 280.21(b) does not explicitly require maintenance of inspection records, the 

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

independent testing laboratory in order to comply with the regulations under this section. Because most 

of these codes of practice require maintenance of inspection records, EPA has 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 owners and operators of newly regulated facilities (5,000 annually) will read 

the regulations on general operating requirements.

In addition, owners and operators of steel USTs with cathodic protection are required to have 

their cathodic protection systems tested within six months of installation, once every three years 

thereafter and within six months of the repair of any cathodically protected system. EPA 

estimates that 45 percent of USTs (i.e., 45% * 585,667 = 263,550) 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 year during the three-year period covered by this 

ICR. EPA estimates that 5 percent of USTs will be repaired each year. Therefore, EPA 

estimates that 5 percent of USTs with cathodically protected systems (i.e., 5% * 263,550 = 

13,178) will have their cathodic protection system tested within six months of a repair. 

Together, EPA estimates that 101,028 USTs (i.e., 87,850 + 13,178 = 101,028) will be inspected 

each year during the three-year period covered by this ICR.17

EPA estimates that of the 263,550 USTs with cathodic protection, 70 percent (184,485 USTs) 

are protected by sacrificial anode cathodic systems 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). Typically there is one 

impressed current system 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 year.

Facilities have to maintain records of all cathodic protection system inspections conducted on an 

every-three-years basis (i.e., 101,028 USTs).19 In addition, facilities with USTs protected by

impressed current cathodic systems will have to maintain the results of the last three facility

inspections of the cathodic protection equipment (i.e., (3/6) * 170,644 = 85,322). Thus, facilities 

will have to maintain a total of 186,350 records (i.e., 101,028 + 85,322 = 186,350) associated 

with the inspection of cathodic protection systems.

 

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 ICR does not cover the capital cost for purchasing rectifiers for 

impressed current systems because such equipment is purchased as a standard business practice 

to monitor tank performance. 

Owners and operators also are required to maintain records for each repair made to an UST 

system. EPA estimates that 5 percent of USTs will be repaired each year, for a total of 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 $528, which includes a $418 contractor fee for performing the test and $110 to cover 

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

[NOTE: Sections 280.34(a) and (b) respectively summarize reporting and recordkeeping 

requirements for UST owners and operators and cross reference the 40 CFR Part 280 sections 

that describe these requirements in detail. This ICR 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 associated 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 burdens in this ICR. The Agency expects 

that all of the facilities using inventory control and facilities using manual tank gauging with 

tank tightness testing will perform the tank tightness test every five years.21 Thus, EPA expects 

that, each year, 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 system (i.e., 29,283 / 5 = 5,857). EPA estimates that facilities will incur 

contractor-related O&M costs of $528 for the cost of performing each tank tightness test. This 

O&M cost includes a $418 contractor fee for performing the test and $110 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 tested 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 

incremental 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 45b

263,550

Record results of monthly automatic product level 

monitoring; record results of daily inventory control 

tests (automated activity; therefore there is no 

incremental labor burden).

Vapor monitoring 5 29,283 Record results of monthly vapor monitoring.

Groundwater 

monitoring 5 29,283 Record results of monthly groundwater monitoring.

Interstitial 

monitoring 20b

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 

System for 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 37 216,697 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 $767 per 

facility.

23

 The annualized cost of a groundwater monitoring system is estimated at $491 per 

facility.

24

 The annualized cost of an interstitial monitoring system (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 maintenance of 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% * 585,667 = 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 releases from 

piping.26 These facilities are expected to conduct an annual line tightness test on 216,697 tanks 

(i.e., 37% * 585,667 = 216,697).

EPA expects that each year, 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 year, 8,000 uncontrolled releases from USTs will be confirmed. 

Assuming that 60 percent of suspected releases are confirmed, EPA estimates that every year 

13,333 owners and operators will suspect that a release has occurred from one of their USTs.27 

These 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 believes that approximately 84 percent of the lines are 

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

suction lines that require leak detection monitoring and use three-year line tightness testing. Therefore, 

this ICR assumes that all lines used are pressurized piping for line tightness testing calculations. Because 

suction lines do not have to comply with certain leak detection requirements, this ICR overestimates the 

burden for this section.

27

 These data are 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 analysis 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 all 8,000 releases. 

Owners and operators of facilities with releases also must gather information and prepare and 

submit reports on initial abatement measures and initial site characterization. EPA assumes that 

facilities will incur O&M costs in preparing a summary report of the initial abatement steps 

based on information obtained from initial characterization activities. This activity could require 

additional sampling and analysis depending on the scope of the problem. EPA assumes that 

facilities will incur contractor-related O&M costs in gathering, preparing, and submitting 

information for the initial site characterization, as this activity often requires sampling well 

borings and laboratory analyses.

EPA estimates that initial investigations at 20 percent of confirmed releases (i.e., 20% * 8,000 = 

1,600 releases) will determine the presence of free product. These facilities must prepare and 

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

EPA estimates that initial investigations at 75 percent of confirmed releases (i.e., 75% * 8,000 = 

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 release and the 

geology of the site.

EPA estimates that initial investigations at 60 percent of confirmed releases (i.e., 60% * 8,000 = 

4,800 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% * 4,800 = 480 

releases), the owner or operator will notify the implementing agency that they will begin 

corrective action before they receive corrective action plan approval. The Agency believes that 

facilities will incur contractor-related O&M costs when preparing a corrective action plan and 

reporting (quarterly) the results of a corrective action implementation plan.

(a7) Out-of-Service UST Systems and Closure

EPA estimates that owners and operators will close 26,000 USTs each year (see Table 2). EPA 

estimates that each year, 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 facilities 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 year.

(a8) Financial Responsibility28

EPA estimates that each year, all 5,000 new UST owners and operators will read the financial 

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 UST 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 ICR, and keep on file a certification of financial responsibility. 

[NOTE: This ICR covers the burden associated with 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 year) will submit their records to EPA or the implementing agency under 

section 289.110(b) as a result of a release. EPA also expects 25 percent of the overall universe 

of facilities (i.e., 25% * 211,000 = 52,750 facilities) to update their certification each year to 

reflect changes in their financial assurance mechanism. 

EPA estimates that providers of financial assurance will cancel or fail to renew policies at 2

percent of UST facilities (i.e., 2% * 211,000 = 4,220 facilities) each year. EPA also estimates 

that 10 percent of those facilities 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 states must follow to obtain approval to implement 

their own UST program in lieu of the federal program. Based on recent program data, EPA 

estimates that two states (or territories) will apply for state program approval over the next three 

years. For the purposes of this ICR, it is assumed that an average of one state will apply for state 

program approval each year. 

States applying for state program approval between 2011 and 2013 must submit an application to 

EPA for review under section 281.50. The application includes a transmittal letter, a description 

of the state program, information on enforcement procedures, a memorandum of agreement with 

EPA, an attorney general’s statement, and copies of state statutes and regulations. These states 

must also allow for public notice and comment on their efforts to develop their underground 

storage tank programs. 

All approved programs must maintain files and current information on program administration. 

There are currently 38 approved state programs.

30 Between 2011 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 year to submit this information.

EPA expects that no states will be submitting revised state program applications over the next 

three years. EPA does not expect any states to withdraw or transfer portions of their programs. 

Respondent burden hours and costs for the activities included as burdens under this ICR are 

shown in Exhibits 1 and 2 on 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 District of Columbia and the Commonwealth of Puerto 

Rico have approved programs.
 56

EXHIBIT 1

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

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

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

PROGRAM SCOPE AND INTERIM PROHIBITION

Reading the Regulations

Read the regulations 0.25 0.25 0.25 0.25 1.00 $51.34 $0.00 $0.00 0 0 $0

Deferred UST System Installations (280.11(a))

Have a corrosion expert inspect the site 0.00 6.00 22.00 11.00 39.00 $1,149.28 $0.00 $436.00 0 0 $0

Maintain records 0.00 0.00 0.00 0.10 0.10 $1.82 $0.00 $0.09 0 0 $0

Subtotal 0 $0

UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, AND NOTIFICATION

Reading the Regulations

Read the regulations 0.25 0.25 0.50 0.00 1.00 $53.95 $0.00 $0.00 5,000 5,000 $269,741

Performance Standards for New UST Systems - Tanks and Piping Without Corrosion Protection (280.20(a)(b))

Have a corrosion expert inspect the site 0.00 6.00 22.00 11.00 39.00 $1,149.28 $0.00 $436.00 0 0 $0

Maintain records 0.00 0.00 0.00 0.10 0.10 $1.82 $0.00 $0.09 0 0 $0

Certification of Installation (280.20(e))

Obtain and provide a certification of compliance of proper

installation on the notification form 0.00 0.50 1.00 0.50 2.00 $64.39 $0.00 $0.00 7,797 15,594 $502,019

Periodic Lining Inspections (280.21)

Have the lined tank inspected within ten years after lining and 

every five years thereafter 0.00 0.00 6.00 0.00 6.00 $171.50 $0.00 $1,475.00 5,857 35,142 $9,643,522

Maintain records 0.00 0.00 0.00 0.10 0.10 $1.82 $0.00 $0.09 29,283 2,928 $55,826

Notification Requirements (280.22)

Prepare and submit forms within 30 days of bringing an UST

system into use 0.00 0.00 0.50 0.00 0.50 $14.29 $0.00 $1.36 15,000 7,500 $234,718

Notify purchaser of an UST of owner's notification 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

 

EXHIBIT 1 (continued)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

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

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

GENERAL OPERATING REQUIREMENTS

Reading the Regulations

Read the regulations 0.25 0.25 0.50 0.00 1.00 $53.95 $0.00 $0.00 5,000 5,000 $269,741

Operation and Maintenance of Corrosion Protection (280.31)

Have a qualified tester conduct inspection for all cathodic

protection systems within six months of installation, at least 

every three years thereafter, and within six months of the repair

of any cathodically protected system 0.00 0.10 0.15 0.00 0.25 $9.63 $0.00 $267.00 101,028 25,257 $27,947,546

Conduct inspection for impressed current cathodic protection 

systems every 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 records 0.00 0.00 0.00 0.10 0.10 $1.82 $0.00 $0.09 186,350 18,635 $355,263

Maintenance of Repair Records (280.33)

Gather information on each repair 0.00 0.00 1.00 0.00 1.00 $28.58 $0.00 $0.00 29,283 29,283 $836,982

Conduct tightness testing 30 days after repair 0.00 0.25 0.15 0.25 0.65 $22.19 $0.00 $528.00 5,857 3,807 $3,222,275

Maintain records 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

RELEASE DETECTION

Reading the Regulations

Read the regulations 0.50 0.50 1.00 0.00 2.00 $107.90 $0.00 $0.00 5,000 10,000 $539,481

Release Detection for Tanks (280.43)

Inventory Control

Record delivery, dispensing and inventory measurements on a 

daily basis 0.00 0.00 0.25 0.00 0.25 $7.15 $0.00 $0.00 0 0 $0

Record monthly water level measurements, reconcile 

measurements monthly 0.00 0.00 0.00 0.50 0.50 $9.08 $0.00 $0.00 0 0 $0

Perform tank tightness testing (in conjunction with inventory 

control) 0.00 0.25 0.15 0.25 0.65 $22.19 $0.00 $528.00 8,199 5,329 $4,511,002

Manual Tank Gauging with Tank Tightness Testing

Record monthly water level measurements, reconcile 

measurements monthly 0.00 0.00 0.00 0.50 0.50 $9.08 $0.00 $0.00 0 0 $0

Record weekly tank liquid level measurements 0.00 0.00 0.00 0.05 0.05 $0.91 $0.00 $0.00 0 0 $0

Perform tank tightness testing (in conjunction with manual tank

gauging) 0.00 0.25 0.15 0.25 0.65 $22.19 $0.00 $528.00 5,857 3,807 $3,222,458
 58

EXHIBIT 1 (continued)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

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

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

Manual Tank Gauging Only (without Tank Tightness Testing)

Record monthly water level measurements, reconcile 

measurements monthly 0.00 0.00 0.00 0.50 0.50 $9.08 $0.00 $0.00 0 0 $0

Record weekly tank liquid level measurements 0.00 0.00 0.00 0.05 0.05 $0.91 $0.00 $0.00 0 0 $0

Automatic Tank Gauging

Record results of monthly automatic product level monitoring 

tests 0.00 0.00 0.05 0.00 0.05 $1.43 $0.00 $0.00 0 0 $0

Record daily inventory volume measurements 0.00 0.00 0.02 0.00 0.02 $0.57 $0.00 $0.00 0 0 $0

Vapor Monitoring

Record results of monthly vapor monitoring 0.00 0.00 1.67 0.00 1.67 $47.73 $767.00 $0.00 10,533 17,590 $8,581,581

Groundwater Monitoring

Record results of monthly groundwater monitoring 0.00 0.00 1.67 0.00 1.67 $47.73 $491.00 $0.00 10,533 17,590 $5,674,473

Interstitial Monitoring

Record results of monthly interstitial monitoring 0.00 0.00 0.60 0.00 0.60 $17.15 $402.00 $0.00 117,133 70,280 $49,096,240

Alternative Technology

Prepare and submit a demonstration of the

effectiveness of an alternative technology 0.00 2.00 8.00 1.00 11.00 $353.71 $0.00 $4.44 0 0 $0

Release Detection for Piping (280.44)

Conduct annual test of the operation of the 

automatic line leak detector in accordance with

the manufacturer's requirements 0.00 0.00 0.25 0.00 0.25 $7.15 $0.00 $0.00 491,960 122,990 $3,515,365

Record results of annual line leak detection test 0.00 0.00 0.05 0.00 0.05 $1.43 $0.00 $0.00 491,960 24,598 $703,073

Conduct annual line tightness test 0.00 0.00 1.50 0.00 1.50 $42.87 $0.00 $0.00 216,697 325,046 $9,290,621

Record results of annual line tightness test 0.00 0.00 0.02 0.00 0.02 $0.57 $0.00 $0.00 216,697 4,334 $123,875

Release Detection Recordkeeping (280.45)

Maintain records for specified time periods 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

RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION

Reading the Regulations

Read the regulations 0.25 0.25 0.50 0.00 1.00 $53.95 $0.00 $0.00 5,000 5,000 $269,741

Reporting of Suspected Releases (280.50)

Gather information - Facility 0.00 1.00 4.00 0.00 5.00 $167.77 $0.00 $2,775.00 13,333 66,665 $39,235,995

Gather information - Contractor 0.00 5.00 31.00 15.00 51.00 $1,425.74 $0.00 $0.00 13,333 679,983 $19,009,369

Report the suspected release 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

EXHIBIT 1 (continued)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

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

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES

Reading the Regulations

Read the regulations 0.50 0.50 1.00 0.00 2.00 $107.90 $0.00 $0.00 5,000 10,000 $539,481

Initial Response (280.61(a))

Report the confirmed release by telephone or

electronic mail 0.00 0.50 0.50 0.00 1.00 $41.01 $0.00 $0.00 8,000 8,000 $328,103

Initial Abatement Measures Report and Site Check (280.62(a)(b))

Gather information during initial abatement 0.00 3.00 1.00 0.00 4.00 $188.91 $0.00 $848.00 8,000 32,000 $8,295,295

Prepare and submit summary report of

initial abatement steps - Facility 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 submit summary report of

initial abatement steps - Contractor 0.00 4.00 27.00 13.00 44.00 $1,221.64 $0.00 $0.00 8,000 352,000 $9,773,092

Initial Site Characterization (280.63)

Gather information for initial site 

characterization - Facility 0.00 6.00 1.00 0.00 7.00 $349.24 $0.00 $3,279.00 8,000 56,000 $29,025,930

Gather information for initial site 

characterization - Contractor 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 submit information per instructions 0.50 1.50 1.00 0.00 3.00 $161.34 $0.00 $456.00 8,000 24,000 $4,938,715

Free Product Removal (280.64)

Gather information for free 

product removal report - Facility 0.00 1.50 3.25 0.00 4.75 $173.06 $0.00 $402.00 1,600 7,600 $920,093

Gather information for free 

product removal report - Contractor 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 submit report 0.50 1.00 0.00 0.00 1.50 $106.04 $0.00 $137.00 1,600 2,400 $388,856

Investigations for Soil and Groundwater Cleanup (280.65)

Gather information for investigation report - Facility 0.00 2.00 0.00 0.00 2.00 $106.89 $0.00 $3,120.00 6,000 12,000 $19,361,317

Gather information for investigation report - Contractor 0.00 10.00 69.00 31.00 110.00 $3,069.72 $0.00 $0.00 6,000 660,000 $18,418,312

Submit collected information 0.50 0.75 0.00 0.00 1.25 $92.67 $0.00 $405.00 6,000 7,500 $2,986,047

Corrective Action Plan (280.66)

Prepare and submit corrective action plan

or additional information - Facility 2.00 2.25 0.00 0.00 4.25 $330.62 $0.00 $1,006.00 4,800 20,400 $6,415,755

Prepare and submit corrective action plan

or additional information - Contractor 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 implementing agency of early cleanup 0.00 0.50 0.00 0.00 0.50 $26.72 $0.00 $1.36 480 240 $13,478

Report results of implementing plan - Facility 2.00 2.75 0.00 0.00 4.75 $357.34 $0.00 $728.00 4,800 22,800 $5,209,619

Report results of implementing plan - Contractor 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

EXHIBIT 1 (continued)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

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

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

OUT-OF-SERVICE UST SYSTEMS AND CLOSURE

Reading the Regulations

Read the regulations 0.25 0.25 0.50 0.00 1.00 $53.95 $0.00 $0.00 9,353 9,353 $504,577

Permanent Closure and Change-In-Service Notification (280.71(a))

Notify the implementing agency

of permanent closure or change-in-service 0.00 0.25 0.00 0.00 0.25 $13.36 $0.00 $1.36 26,000 6,500 $382,651

Conduct site assessment of excavation zone - Facility 0.00 2.75 0.00 0.00 2.75 $146.97 $0.00 $2,545.00 26,000 71,500 $69,991,183

Conduct site assessment of excavation zone - Contractor 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

Closure Records (280.74)

Maintain records after permanent closure or

change-in-service for at least three years 0.00 0.00 0.00 0.10 0.10 $1.82 $0.00 $0.09 26,000 2,600 $49,567

Mail records to implementing agency if they

cannot be maintained 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

FINANCIAL RESPONSIBILITY

Reading the Regulations

Read the regulations 0.50 0.50 1.00 0.00 2.00 $107.90 $0.00 $0.00 5,000 10,000 $539,481

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

Prepare and submit a notice of termination of financial 

assurance 0.25 0.00 0.50 0.25 1.00 $45.13 $0.00 $1.36 4,220 4,220 $196,167

If necessary, prepare and submit notice of failure

to obtain alternative coverage within 60 days 0.00 0.50 1.00 0.25 1.75 $59.85 $0.00 $1.36 422 739 $25,827

Reporting (280.110)

Gather and submit forms listed in Section 280.111(b)

to the implementing agency documenting current evidence

of financial responsibility 0.00 0.00 0.00 0.25 0.25 $4.54 $0.00 $1.36 8,000 2,000 $47,181

Recordkeeping (280.111)

Obtain and keep on file proof of financial 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 certification if financial assurance mechanism is 

modified 0.00 0.00 0.50 0.25 0.75 $18.83 $0.00 $0.00 52,750 39,563 $993,406

Bankruptcy or Other Incapacity (280.114)

Prepare and submit notification of 

commencement of bankruptcy procedures 0.50 0.25 0.50 0.25 1.50 $84.79 $0.00 $1.36 2,110 3,165 $181,759

If necessary, prepare and submit notice of inability

to obtain alternative coverage within 30 days 0.00 0.50 1.00 0.25 1.75 $59.85 $0.00 $1.36 211 369 $12,914

Subtotal 133,906 $3,906,720

TOTAL 6,750,138 $479,442,805
 61

EXHIBIT 2

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

STATE PROGRAM APPROVAL

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

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

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

COMPONENTS OF A PROGRAM APPLICATION

Reading the Regulations

Read the regulations 4.00 8.00 8.00 0.00 20.00 $1,279.55 $0.00 $0.00 1 20 $1,280

Transmittal Letter (281.20(a))

Obtain a transmittal letter from the governor's office 1.00 1.00 2.00 1.00 5.00 $268.22 $0.00 $0.00 1 5 $268

Submit letter to implementing agency 0.00 0.00 0.00 0.10 0.10 $2.68 $0.00 $1.36 1 0.1 $4

Description of State Program (281.20(b) and 2801.21)

Prepare and submit description of state program 2.00 8.00 80.00 0.00 90.00 $4,261.62 $0.00 $13.44 1 90 $4,275

Procedures for Adequate Enforcement (281.22 and 281.20(c))

Gather and submit information on compliance monitoring

and enforcement procedures 2.00 4.00 40.00 2.00 48.00 $2,260.31 $0.00 $13.44 1 48 $2,274

Memorandum of Agreement (281.24 and 281.20(e))

Negotiate an MOA with EPA 10.00 6.00 15.00 5.00 36.00 $2,016.79 $0.00 $0.00 1 36 $2,017

Prepare and submit written MOA with application 6.00 6.00 16.00 4.00 32.00 $1,729.85 $0.00 $13.44 1 32 $1,743

Attorney General's Statement (281.25 and 2801.20(f))

Draft and submit statement from attorney general 47.00 4.00 40.00 2.00 93.00 $5,676.73 $0.00 $13.44 1 93 $5,690

Copies of Statutes and Regulations (281.20(g))

Research and gather statutes and regulations 8.00 0.00 15.00 4.00 27.00 $1,367.42 $0.00 $0.00 1 27 $1,367

Submit copies as a part of the application to EPA 0.00 0.00 0.00 0.10 0.10 $2.68 $0.00 $13.44 1 0.1 $16

Subtotal 351 $18,934

ADEQUATE ENFORCEMENT AND COMPLIANCE

Reading the Regulations

Read the regulations 1.00 1.00 1.00 0.00 3.00 $197.90 $0.00 $0.00 1 3 $198

Sharing of Information (281.43(a))

Maintain files and current information on program administration 0.00 5.00 4.00 5.00 14.00 $700.34 $0.00 $0.00 40 560 $28,014

Submit information to EPA, if requested 0.00 0.00 0.00 0.10 0.10 $2.68 $0.00 $13.44 1 0.1 $16

Subtotal 563 $28,228
 62

EXHIBIT 2 (continued)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN

STATE PROGRAM APPROVAL

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

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

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

APPROVAL PROCEDURES

Reading the Regulations

Read the regulations 1.00 2.00 2.00 0.00 5.00 $319.89 $0.00 $0.00 0 0 $0

Approval Procedures for State Programs (281.50(b))

Issue public notice of the development of underground 

storage tank program 0.00 0.50 0.00 0.25 0.75 $45.93 $0.00 $0.00 1 1 $46

Receive and review public comments 0.00 1.00 4.00 0.00 5.00 $252.56 $0.00 $0.00 1 5 $253

Revision of Approved State Programs (281.52(a)-(b)) 

Collect and submit information on changes in regulations or

shifts in responsibilities 2.00 10.00 8.00 5.00 25.00 $1,418.58 $0.00 $13.44 0 0 $0

Prepare and submit revised application,

if requested by EPA 4.00 2.00 30.00 6.00 42.00 $1,927.13 $0.00 $13.44 0 0 $0

Subtotal 6 $299

W ITHDRAWAL OF APPROVAL OF STATE PROGRAMS

Reading the Regulations

Read the regulations 1.00 1.00 2.00 0.00 4.00 $241.43 $0.00 $0.00 0 0 $0

Procedures for Withdrawal of Approval of State Programs (281.61(a)(1))

Gather information for program transfer 2.00 2.00 16.00 8.00 28.00 $1,219.50 $0.00 $0.00 0 0 $0

Prepare and submit transfer notification 0.00 0.50 1.00 1.00 2.50 $109.55 $0.00 $1.36 0 0 $0

Develop and submit plan for information 

transfer at least 90 days before the transfer 4.00 2.00 8.00 2.00 16.00 $862.39 $0.00 $13.44 0 0 $0

Subtotal 0 $0

TOTAL 920 $47,461
 63

EXHIBIT 3

ANNUAL ESTIMATED AGENCY HOUR AND COST BURDEN

UST TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

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

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, AND NOTIFICATION

Review and file notification forms 0.00 0.00 0.50 0.25 0.75 $31.22 $0.00 $0.00 15,000 11,250 $468,300

Enter information 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

Subtotal 12,750 $511,950

RELEASE DETECTION

Review demonstration of the effectiveness of an alternative 

method of release detection 0.00 2.00 8.00 0.00 10.00 $519.62 $0.00 $0.00 0 0 $0

Subtotal 0 $0

RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION

Review and file information on suspected releases 0.00 0.50 2.00 0.50 3.00 $144.46 $0.00 $0.00 13,333 39,999 $1,926,085

Enter information 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

Review and file information on confirmed releases 0.00 0.50 2.00 0.50 3.00 $144.46 $0.00 $0.00 8,000 24,000 $1,155,680

Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.91 $0.00 $0.00 8,000 800 $23,280

Subtotal 66,132 $3,143,844
 64

EXHIBIT 3 (continued)

ANNUAL ESTIMATED AGENCY HOUR AND COST BURDEN

UST TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

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

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES 

Receive and review initial response report 0.00 0.00 0.50 0.00 0.50 $23.94 $0.00 $0.00 8,000 4,000 $191,520

Enter information 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

Review and file summary report of initial abatement measures 0.00 1.00 4.00 0.25 5.25 $267.09 $0.00 $0.00 8,000 42,000 $2,136,720

Enter information 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

Review and file information on initial site characterization 0.00 1.00 4.00 0.25 5.25 $267.09 $0.00 $0.00 8,000 42,000 $2,136,720

Enter information 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

Review and file free product removal report 0.00 1.00 4.00 0.25 5.25 $267.09 $0.00 $0.00 1,600 8,400 $427,344

Enter information into a database 0.00 0.00 0.00 0.10 0.10 $2.91 $0.00 $0.00 1,600 160 $4,656

Review and file soil and groundwater investigation report 0.00 1.00 4.00 0.25 5.25 $267.09 $0.00 $0.00 6,000 31,500 $1,602,540

Enter information 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

Review and file corrective action 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 information 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 release and the corrective action plan 

through an appropriate means 0.00 0.00 1.00 0.25 1.25 $55.17 $0.00 $0.00 4,800 6,000 $264,816

Hold a public hearing and consider comments on

the proposed corrective action 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 operator whether plan is approved or

disapproved 0.00 0.25 0.00 0.25 0.50 $24.34 $0.00 $1.36 4,800 2,400 $123,344

Review and file the report on results of implementing 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 information 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

Give public notice if the approved plan fails to achieve 

established cleanup levels, and termination of plan is being 

considered (failure rate of 5 percent) 0.00 0.00 1.00 0.25 1.25 $55.17 $0.00 $0.00 240 300 $13,241

Subtotal 357,460 $18,842,453

OUT-OF-SERVICE UST SYSTEMS AND CLOSURE

Review and file notification of closure or a change in service 0.00 0.00 0.50 0.25 0.75 $31.22 $0.00 $0.00 26,000 19,500 $811,720

Subtotal 19,500 $811,720
 65

EXHIBIT 3 (continued)

ANNUAL ESTIMATED AGENCY HOUR AND COST BURDEN

UST TECHNICAL AND FINANCIAL REQUIREMENTS

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

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

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

FINANCIAL RESPONSIBILITY

Review and file submitted financial assurance 

information 0.00 0.00 0.50 0.25 0.75 $31.22 $0.00 $0.00 8,000 6,000 $249,760

Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.91 $0.00 $0.00 8,000 800 $23,280

Notify owners or operators if they no longer

meet financial assurance responsibilities 0.00 0.25 0.00 0.25 0.50 $24.34 $0.00 $1.36 4,220 2,110 $108,440

Review and file notification of failure to obtain alternative 

financial assurance due to cancellation or non-renewal of 

policy 0.00 0.25 1.00 0.25 1.50 $72.23 $0.00 $0.00 422 633 $30,481

Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.91 $0.00 $0.00 422 42 $1,228

Review and file notification of commencement of bankruptcy 

procedures 0.00 0.25 1.00 0.25 1.50 $72.23 $0.00 $0.00 2,110 3,165 $152,405

Enter financial assurance information into a database 0.00 0.00 0.00 0.10 0.10 $2.91 $0.00 $0.00 2,110 211 $6,140

Review and file notification of failure to obtain alternative 

financial assurance due to bankruptcy 0.00 0.25 1.00 0.25 1.50 $72.23 $0.00 $0.00 211 317 $15,241

Enter financial assurance information into 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

TOTAL 469,141 $23,897,556
 66

EXHIBIT 4

ANNUAL ESTIMATED AGENCY HOUR AND COST BURDEN

STATE PROGRAM APPROVAL

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number

Capital/ of

Respon. Labor Startup O&M Respon. Total Total

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

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year

COMPONENTS OF A PROGRAM APPLICATION

Examine state program application and notify

the state whether the application is complete 0.00 1.00 4.00 0.00 5.00 $259.81 $0.00 $0.00 1 5 $260

Review the complete state program application and tentatively 

determine approval or disapproval for state program 8.00 16.00 40.00 0.00 64.00 $3,867.90 $0.00 $0.00 1 64 $3,868

Issue public notice of the tentative decision 0.00 0.50 0.00 0.25 0.75 $41.41 $0.00 $0.00 1 1 $41

Receive and review public comments 0.00 1.00 4.00 0.00 5.00 $259.81 $0.00 $0.00 1 5 $260

Conduct public hearing, if necessary 0.00 2.00 2.00 0.00 4.00 $232.29 $0.00 $0.00 1 4 $232

Make a final decision on approval or disapproval for a state 

program 0.00 1.00 4.00 0.00 5.00 $259.81 $0.00 $0.00 1 5 $260

Issue notice of the final decision 0.00 0.50 0.00 0.25 0.75 $41.41 $0.00 $0.00 1 1 $41

Subtotal 85 $4,962

APPROVAL PROCEDURES

Review the revision of approved state program

and tentatively determine approval or disapproval 2.00 4.00 10.00 0.00 16.00 $966.98 $0.00 $0.00 0 0 $0

Issue public notice of the tentative decision 0.00 0.50 0.00 0.25 0.75 $41.41 $0.00 $0.00 0 0 $0

Notify state if decision receives negative public comment and 

either withdraw the decision or respond to the negative public

comments 0.00 1.00 4.00 0.25 5.25 $267.09 $0.00 $1.36 0 0 $0

Subtotal 0 $0

W ITHDRAWAL OF APPROVAL OF STATE PROGRAMS

Review and file transfer notification and plan 1.00 2.00 8.00 0.25 11.25 $634.43 $0.00 $0.00 0 0 $0

Publish notice of the transfer 0.00 0.50 0.00 0.25 0.75 $41.41 $0.00 $0.00 0 0 $0

Conduct withdrawal proceedings in accordance

with 40 CFR 271.23(b) and (c) 2.00 4.00 16.00 0.00 22.00 $1,254.30 $0.00 $0.00 0 0 $0

Subtotal 0 $0

TOTAL 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 states (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 billion.

EXHIBIT 5

TOTAL ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN SUMMARY

Total Capital/ Total

Hours/ Labor Startup O & M Cost/

Information Collection Activity Year Cost Cost Cost Year

Technical and Financial Requirements 6,750,138 $199,794,372 $60,337,980 $219,310,452 $479,442,805

State Program Approval 920 $47,381 $0 $79 $47,461

TOTAL 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 this ICR. 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.

EXHIBIT 6

TOTAL ESTIMATED ANNUAL AGENCY HOUR AND COST BURDEN SUMMARY

Total Capital/ Total

Hours/ Labor Startup O & M Cost/

Information Collection Activity Year Cost Cost Cost Year

Technical and Financial Requirements 469,141 $23,885,319 $0 $12,237 $23,897,556

State Program Approval 85 $4,962 $0 $0 $4,962

TOTAL 469,226 $23,890,281 $0 $12,237 $23,902,518

6(f) Reasons for Change in Burden

This ICR presents a comprehensive description of the total annual respondent burden for 

all information collection activities related to the UST program. In renewing this ICR, 

EPA has updated its respondent universe and burden estimates based on updated data 

from the Office of Underground Storage Tanks (OUST) and the regulated community. 

Because of these updated data, the total annual time burden to respondents has increased 

13 percent (781,841 hours) from the previous ICR (from 5,969,217 hours per year to 

6,751,058 hours per year).
 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 federally-approved UST program, or will apply 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 recordkeeping burden 

for UST facilities is estimated to average 14 hours per respondent per year. This estimate 

includes time for gathering information and for developing and maintaining records. The 

burden for third party disclosure is estimated to average 0.4 hours per respondent per 

year. This estimate includes time to notify a purchaser of an UST of the owner’s 

notification obligations.

EXHIBIT 7

TOTAL AVERAGE ANNUAL RESPONDENT BURDEN

Information Collection Activity

Average 

Reporting 

Burden (Hours)

Average 

Recordkeeping 

Burden (Hours)

Average Third

Party

Disclosure 

Burden (Hours)

Total 

Average 

Burden 

(Hours)

Technical and Financial Requirements 18.05 13.60 0.35 32.00

State Program Approval 8.43 14.58 0.00 23.01

For states applying for program approval and for states that have approved programs, the 

total time burden is estimated 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 15 hours 

per respondent per year. This estimate includes time for maintaining application files.

Burden means the total time, effort, or financial resources expended by persons to 

generate, maintain, retain, 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, 

including the use of automated collection techniques, EPA has established a public 

docket for this ICR under Docket ID No. EPA-HQ-UST-2010-0625, which is available 

for online viewing at www.regulations.gov, or in person at the UST Docket in the EPA 

Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 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 telephone 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 electronically. Comments can also be sent to the Office 

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

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

EPA Docket ID No. (EPA-HQ-UST-2010-0625).