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              EPA INFORMATION COLLECTION REQUEST NUMBER [2650.01]
"GATHERING DATA ON RESULTS OF NEWLY REQUIRED ANNUAL AND TRIENNIAL TESTING TO EVALUATE THE IMPACTS OF U.S. EPA'S 2015 FEDERAL UNDERGROUND STORAGE TANK REGULATION"
                                       
                                AUGUST 28, 2020
                                       
                           ICR SUPPORTING STATEMENT

                               TABLE OF CONTENTS

1.	IDENTIFICATION OF THE INFORMATION COLLECTION..............................3
      1(a)	Title and Number of the Information Collection.........................................3
      1(b)	Abstract.......................................................................................3
2.	NEED FOR AND USE OF THE COLLECTION.................................................4
      2(a)	Authority and Need for the Collection.....................................................4
      2(b)	Practical Utility and Users of the Data....................................................4
3.	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA .........5	
      3(a)	Nonduplication...............................................................................5
      3(b)	Public Notice.................................................................................5
      3(c)	Consultations.................................................................................5
      3(d)	Effects of Less Frequent Collection.......................................................5
      3(e)	General Guidelines...........................................................................5
      3(f)	Confidentiality...............................................................................6
      3(g)	Sensitive Questions..........................................................................6
4.	THE RESPONDENTS AND THE INFORMATION REQUESTED.........................7
      4(a)	Respondents and NAICS Codes...........................................................7
      4(b)	Information Requested......................................................................7
5.	THE INFORMATION COLLECTED  -  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT..............................10
      5(a)	Agency Activities...........................................................................10
      5(b)	Collection Methodology and Management.............................................10
      5(c)	Small Entity Flexibility....................................................................10
      5(d)	Collection Schedule........................................................................11
6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION.....................12
      6(a)	Estimating Respondent Burden..........................................................12
      6(b)	Estimating Respondent Costs............................................................12
      6(c)	Estimating Agency Burden and Cost....................................................13
      6(d)	Estimating the Respondent Universe and Total Burden and Costs..................14
      6(e) 	Bottom Line Burden Hours and Cost....................................................14
      6(f)	Reasons for Change in Burden...........................................................15
      6(g)	Burden Statement...........................................................................15
Section 1. Identification of the Information Collection
1(a) Title and Number of the Information Collection
Information Request for: "Gathering Data on Results of Newly Required Annual and Triennial Testing to Evaluate the Impacts of U.S. E.P.A.'s 2015 Federal Underground Storage Tank Regulation," EPA ICR Number 2650.01.
1(b) Abstract
This information collection request will allow U.S. E.P.A. to employ a contractor to compile data from private companies providing regular servicing and maintenance to owners of federally regulated underground storage tank systems (USTs). 
The contractor will collect and assimilate testing data from several UST servicing companies. The contractor's deliverable will be to create a database of the performance results over multiple iterations of newly required UST testing procedures in various states across the country. These new tests were required by the 2015 UST regulation and are performed either annually or triennially. The data gathered will be pass/fail results from several testing measures, taken from facilities in 17 states where regulations went into effect soonest. These facilities were first required to be tested sometime after the 2015 federal regulation passed, with the second round of triennial required testing to be completed by October 2021.
The completed dataset of test results will allow EPA to evaluate the effectiveness of several of the newly required measures to prevent fuel releases that was required in the 2015 federal UST regulation. Data will be compiled from UST servicing companies about tests performed prior to the initial testing deadline, and from tests results for regulatory compliance for the second test required either within one year or three years after the initial test (depending on the test requirements). EPA may use the data to identify if, and by how much, testing required by the regulation impacts pass/fail rates over time. EPA is interested in quantitatively assessing if pass/fail rates improve between initial and subsequent rounds of testing in those states where data is collected.

Section 2. Need for and Use of the Collection
2(a) Authority for the Collection
EPA's Underground Storage Tanks program regulates facilities under 40 CFR 280 and 281 under the authority of sections 2002, 9001, 9002, 9003, 9004, 9005, 9006, 9007, 9010, and 9012 of the Solid Waste Disposal Act (SWDA) of 1965, as amended (commonly known as the Resource Conservation and Recovery Act (RCRA)) [42 U.S.C. 6912, 6991, 6991(a), 6991(b), 6991(c), 6991(d), 6991(e), 6991(f), 6991(i), and 6991(k)].
2(a) Need for the Collection
EPA updated the federal underground storage tank regulation in 40 CFR 280 and 281 in 2015 for the first time since initially promulgating the rule in 1988. The update imposed new operation and maintenance requirements for owners and operators of underground storage tank systems. This ICR is needed for EPA to collect information on pass and fail rates for new requirements to help EPA understand the effectiveness and impact of the new regulation. It will help EPA, and the communities where regulated facilities are located, identify areas of deficiency in maintaining intended performance standards for UST systems that cannot be identified through the regulatory reporting and documentation requirements.  
2(b) Practical Utility and Users of the Data
The practical utility of collecting this data is to measure the efficacy of the requirements in the 2015 UST regulation to help prevent releases of fuel from UST systems into the environment. Data results could help defend the need to maintain the stringency of the requirements and to help identify where future EPA research and compliance assistance efforts for the UST regulated community should be concentrated.




Section 3. Non-Duplication, Consultations, and Other Collection Criteria
3(a) Non-Duplication
All information requested from respondents under this ICR is not available from other sources. This collection will be the first opportunity for the government to collect such data because the requirements for testing are being implemented for the first time. EPA has not consulted other databases or directories because we know the specific information we are collecting relates only to these new requirements. Respondents may have collected similar information in the past for other business reasons, but we specifically are looking only for newly collected data driven by the new EPA regulation, so past collected information is irrelevant to this effort.
3(b) Public Notice Required Prior to ICR submission to OMB
This information request is currently undergoing the 60-day period of public review on the Federal Register; for further details see section 6(g) of this document. 
3(c) Consultations 
EPA consulted with the following national and regional companies during the period leading up to a formal public notice and request for comments to estimate burdens for our public comment request: 
                   Table 1: UST Testing Companies Consulted
UST Servicing Company
Name
Phone Number
Tanknology
Brian Derge 
1-800-964-1250
Crompco
Ed Kubinsky
800-646-3161
Protanic
Dawn Brooks
800-352-2011
Northwest Tank & Environmental 
Bob Wiese
(425) 742-9622
US Tank Alliance
Kathy Pasternak
(614) 923-0154 HQ
7G
Jason Wiles
888.400.3511
Valley Tank Testing
antonella@valleytank.com
(813) 671-9065
MVI
Marie Broussard
615-320-7317

EPA then requested much broader public comment prior to the ICR submission to OMB in compliance with the 1995 PRA to determine if these burden estimates were realistic. 
3(d) Effects of Less Frequent Collection
This collection will be the first and only collection of this information. The EPA or public will not be able to gain the benefit of the knowledge derived as a result of this effort without this minimal, one-time data collection process. Regular requirements require evidence only of passing annual and triennial tests. This does not allow EPA to know how often those tests are failed prior to repairs being performed and retests performed to obtain passing results.
3(e) General Guidelines
This collection follows OMB's general guidelines for information collections. While we do not believe any justifications are necessary, we have chosen to include the following explanations.
Requirement: Justify any provision under which respondents would:
 Retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
      Justification: The records required to be maintained longer than three years will be stipulated in the contract for collecting the data. The data may need to exist longer than the three-year period because the total timeframe for comparing collected information from different periods is separated by three years.
 Submit proprietary, trade secret, or other confidential information unless the Agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
      Justification: The collection will obtain data on pass/fail rates for testing from servicing companies about sumps at UST facilities. Additionally, the collection will gather facility and unit specific information from each test location where those tests were performed; this information is needed to make an accurate assessment of performance changes between the first and second rounds of triennial testing for each individual tested UST sump for which data is included. Aggregate data cannot be used for this collection; comparison of initial and later tests results must come from the same sample population of sumps at UST systems.
      However, the contract terms specifically require all of the data be blinded in such a way that the tested UST units may be individually identified in the database deliverable, without disclosing identifying information about the facility location, owner, public identification number, or other information to the EPA or to the public.
3(f) Confidentiality
The contract terms specifically require the data be blinded in such a way that the facilities and equipment may be identified without disclosing information about the facility location, owner, public identification number, or other information to the EPA or to the public. A subset of this data will be specific to this level of facility for data specialization purposes. Most will be averaged results of many facilities. The contractor and the EPA will not know any confidential information about the facilities involved in the data collection. Only the facility owners or managers and the petroleum equipment servicing companies performing the work for those companies will have the ability to link specific results to specific units, facilities, or owners. The contract terms for the awardee require they collect only blinded data from servicing companies, and not from site owners themselves. There is therefore an imaginary wall, or intermediary, preventing any accidental disclosure of site-specific test results or identifying information between the servicing company and the EPA.
3(g) Sensitive Questions
Neither the EPA nor the contractor performing the data collection will ask sensitive or private questions. 
Section 4. The Respondents and the Information Requested
4(a) Respondents and NAICS Codes
Table 2 lists the North American Industry Classification System (NAICS) sectors associated with industries most likely affected by the information collection requirements covered in this information collection: UST testing and compliance companies, and UST facility owners and operators.
Other sectors anticipated to be affected by the information collection requirements not shown in Table 2 include local, state, and federal governments. This ICR does not include the burden on UST facilities owned by the federal government, in keeping with the Paperwork Reduction Act. 
                 Table 2: NAICS Sectors of Affected Industries
                                 NAICS Sector
                           NAICS Sector Description
213112
Support Activities for Oil and Gas Operations
4471
Gasoline Stations
561990
All Other Support Services

4(b) Information Requested
The data collected for the deliverable will be gathered from data collected by servicing companies on services performed. Owners and operators of gas stations are responsible for having evidence of passing compliance testing results. Servicing companies are not required to have, keep, or report results, but normally do so as part of their normal operations. These companies provide a significant potential source of information for this study, and EPA anticipates the contractor will work with some companies on a voluntarily basis to gather this data. The deliverable requires the EPA contractor to work with the UST servicing companies to search this existing stored testing data by various parameters. 
EPA will collect data from a subset of 17 states and territories:
 ME
 NJ
 PR
 WV
 FL
 NC
 IL
 MI
 OH
 AR
 OK
 UT
 WY
 CA
 NV
 CNMI
 AK
Information subset 1: Most of the streamlined data delivered will be in the form of testing results averaged from a large number of tests, from many companies, within a state. These testing results will help EPA determine the impact of the 2015 UST regulation.
Information subset 2: A subset of this collection will gather facility and unit specific information on passing and failing test results from each UST sump tested; this information is needed to make an accurate assessment of performance changes between the first and second rounds of triennial testing for each individual unit for which data is included. This subset of information will allow EPA to perform advanced statistical evaluations of the data collected.
 Data items
         All data items are reporting items. 
         Information subset 1: Averaged data
 The electronic records of passing and failing tests for initial testing and second round testing for each spill containment liquid tightness test, sump liquid tightness test, and overfill equipment inspection driven by triennial testing requirements 
 Note: Owners and operators regulated under 40 CFR 280.35 must have evidence of passing test results for spill containment liquid tightness testing, containment sump liquid tightness testing (for containment sumps used for interstitial monitoring of piping if of single-wall construction), and overfill equipment inspections conducted within the last  three years. 
 Note: EPA will also attempt to collect average results of passing and failing tests for leak detection equipment tests and inspections when companies have such information available. Owners and operators are generally required to have this equipment tested or inspected annually. 
 Note: Failing test results are not required for either of these categories to be stored or reported according to the federal UST regulation; working with servicing companies will allow EPA to gather this information that is otherwise not generally available. 

	Information subset 2: Sump testing data
 Facility- and unit-specific information on passing and failing test results from a subset of the containment sumps tested; this information for each individual unit for which data is included would help EPA with assessment of performance changes between the first and second rounds of triennial testing. This data will be separate from the averaged pass/fail data (see above).
 UST owners and operators are already required by the new requirement in 40 CFR 280.35 to have records of a passing test result from within the last three years.
 Respondent activities
         This information collection involves two groups of respondents: UST testing companies, who collect and maintain the data sought by EPA, and UST owners and operators, who represent the data items sought. For this information collection request, each UST testing company surveyed by the EPA research contractor will conduct the following once over the information collection period (this is not a repeat data collection). 
         
         UST Testing Companies:
 Consult with EPA research contractor on a voluntary agreement regarding the voluntary submission of averaged data from their data storage tool and the process by which to submit this data, including format, timeline, and masking identifying information.
 Extract the data from their data storage tool by running the appropriate queries.
 Review the data to mask identifying information and prepare it for submission to the EPA research contractor.
 When complete, submit the data to the research contractor and maintain data records internally for at least three years. 
 Keep electronic records of passing and failing test results for three years for information provided in the averaged data, including for initial testing and second round testing for each spill containment liquid tightness test, sump liquid tightness test, and overfill equipment inspection driven by triennial testing requirements and leak detection equipment testing and inspection results from annual or less frequent intervals.
 Keep electronic records of passing and failing tests for each sump liquid tightness test driven by triannual testing regulatory requirements and included in the data collection for three years, including the facility and unit specific information (ensuring that any identifying information be blinded to the EPA) for at least three years.

      Gas station owners and operators:
 There are no additional activities required for UST owners and operators for this information collection beyond those regulatory requirements to have evidence of passing test results; therefore, this group faces no additional burden for this information collection under the 1995 PRA definition of "burden" and burden described in OMB 5 CFR §1320.3(b)(1).

Section 5. The Information Collected  -  Agency Activities, Collection Methodology, and Information Management
5(a) Agency Activities
Agency activities associated with this information collection consist of the following:
 Manage the contract under which the research contractor to the agency will gather the requested information from private companies, including providing direction and guidance to the contractor during the data collection period.
 Review the data presented in the requested database and any other deliverables. 
EPA may share the database and the agency's interpretation of the results of the collection through written or verbal channels.
EPA will employ a research contractor to perform the work needed to collect and organize the data sought. Contractor activities will consist of the following:
 Consult with EPA regarding expectations for the data sought, research methodology, and the format of the database deliverable. 
 Participate in ongoing communications with EPA regarding the research progress.
 Contact selected UST testing companies within a group of 17 states to request the testing data sought.
 Compile cleaned and anonymized data into a database deliverable for EPA.
Provide a summary guide for using the deliverable and the research process used to compile the data, including written records of communications with UST testing companies, where applicable.
5(b) Collection Methodology and Management
EPA will task the contractor with collecting testing data unaltered from participating companies. All data will be provided voluntarily by the companies and will be in the form of aggregated testing data. EPA will therefore take an additional step to quality check a subset of the data. EPA will task the contractor with collecting and verifying information from a subset of the data for one of the four categories of tests that will be tied to specific pieces of equipment, and this set of data will  serve as a check for reasonableness against the averaged data results. This subset of information collected will require additional levels of data cleaning and matching testing results with particular testing locations, in order to evaluate those sites specifically over both rounds of testing. These results of the subset compared with the average results should act as a statistical quality check on the averaged results.
The data will be delivered in a database to EPA, which can be accessed through any public records request. All information will be collected by the contractor from servicing companies in a digital format, and EPA will receive a clean database as the deliverable in a database format. No machine or processing technology will be used other than a computer and database programs. Electronic collection and processing is the most efficient use of time for all parties involved.
5(c) Small Entity Flexibility 
EPA will not offer different information collection flexibilities under this project because all participation is voluntary. Further, it believes most information collection that will come from facility owners will come directly from servicing companies participating in the voluntary project, and thus is not a burden for owners and operators, not a significant additional burden beyond the work already performed by servicing companies. All businesses involved are likely collecting this information as part of normal business practices. Additional work to respond is IT work related to data management and review.
5(d) Collection Schedule 
EPA will direct the research contractor to collect this information in early 2022. EPA anticipates a collection timeline of 180 days, after which the research contractor will submit the database of collected information to the agency for review. 

Section 6. Estimating the Burden and Cost of the Collection
6(a) Estimating Respondent Burden
To estimate burden hours and rates, EPA conducted informal interviews with 8 UST testing companies (see Table 1). Note that while UST owners and operators are considered to be respondents in this information collection, they were not included in the burden calculations because the information will be sought only from UST testing companies and is collected as part of routine business operations.

                   Table 1: UST Testing Companies Consulted
UST Servicing Company
Name
Phone Number
Tanknology
Brian Derge 
1-800-964-1250
Crompco
Ed Kubinsky
800-646-3161
Protanic
Dawn Brooks
800-352-2011
Northwest Tank & Environmental 
Bob Wiese
(425) 742-9622
US Tank Alliance
Kathy Pasternak
(614) 923-0154 HQ
7G
Jason Wiles
888.400.3511
Valley Tank Testing
antonella@valleytank.com
(813) 671-9065
MVI
Marie Broussard
615-320-7317

Email correspondence with the 8 companies surveyed can be found in Exhibit 4. Based on their feedback, the information collection would require three separate activities: (1) consultation with the EPA research contractor, (2) data mining from a database or other data management tool, and (3) data manipulation, as appropriate, and submission to the research contractor. Based on conversations with testing companies, EPA estimates 8 hours at the managerial level for activity (1); 8.75 hours at the managerial level for activity (2); and 4.5 hours at the technical level for activity (3).
      
6(b) Estimating Respondent Costs 
 Estimating Labor Costs
         To estimate hourly rates, EPA used information collected during informal interviews to estimate an average hourly rate (labor plus overhead) of $139.25/hour for managerial staff conducting activities (1) and (2), and an average hourly rate of $75/hour for technical staff conducting activity (3). These hourly rate estimates were taken by averaging the wage rate given by companies surveyed for completing each respective activity. EPA found these estimates to be high in comparison with Labor Department estimates; however, since these rates reflect the estimates of industry experts, EPA believes them to be a reliable representation of the opportunity cost of labor and the compensation rates of professionals in this field. 

         Based on conversations with UST testing companies, no legal or clerical staff are expected to be involved in this information collection and are therefore not included in the burden estimate table.

         Based on EPA's estimates of average burden hours per respondent, EPA estimates a labor cost of $2,669.94 per respondent. Since this is a one-time information collection activity, this represents the total cost to the respondent over the three-year information collection period.
         
         EPA estimates there to be, on average, 40 UST testing companies within each state. For the 17 states considered for this collection request, EPA estimates that the collection will affect 680 total respondents.
         
         The table below shows the overall respondent burden and costs. Based on these estimates, EPA estimates the overall private cost and burden over the three-year lifetime of the information collection to be $1,815,559.20.
         
                               Respondent Burden and Cost

 Estimating Capital and Operations and Maintenance Costs
         Respondents incur no additional capital costs through this Information Collection Request. Operations and management costs are accounted for within the respondent burden hours estimates and are therefore omitted here to avoid double-counting.
         
 Capital/Start-up Operating and Maintenance (O&M) Costs
         EPA determined that there are no capital/start-up costs associated with this information collection request. UST testing companies surveyed already possess the technology, equipment, and training necessary to respond to the data collection as part of their routine operations. Operation and maintenance costs are accounted for within responded burden calculations as the information collection activities required under activity (3), submission of data to the research contractor. O&M costs are therefore not repeated to avoid double-counting labor hours.
         
 Annualizing Capital Costs
         Annualized capital costs cannot be included because no capital costs are anticipated. 
6(c) Estimating Agency Burden and Cost
EPA estimates an average hourly labor cost of $110 for legal staff (GS-15, Step 1), $79 for managerial staff (GS-13, Step 1), $55 for technical staff (GS-11, Step 1), and $37 for clerical staff (GS-7, Step 1).  To derive these hourly estimates, EPA referred the General Schedule Salary Table for 2020, published by the U.S. Office of Personnel Management, for the Washington-Baltimore-Arlington Locality Pay Area. EPA then applied the standard government loading factor of 60 percent, which includes fringe benefits and overhead.

The table below shows the agency burden estimate table, which includes managing the research contract and reviewing deliverables from the research contractor. EPA estimates 8 total hours at the legal level, 18 total hours at the managerial level, and 74 hours at the technical level for this information collection. The total agency burden is estimated to be $1,845.33 annually over a three-year period, and $5,563 over the lifetime of this ICR. 

                            Agency Burden Estimate

The table below shows the estimated labor and cost breakdown for the research contractor EPA may employ for this information collection process. EPA derived these cost estimates using hourly rate information available from the most recent contract used by the Office of Underground Storage Tanks. EPA estimates a total cost to the Agency of $41,246.18 to employ a contractor to collect the data sought in this information collection.

                       Research Contractor Cost Estimate

6(d) Estimating the Respondent Universe and Total Burden and Costs
EPA estimates that 680 testing companies within 17 states will be surveyed by a contractor and asked to provide compliance testing results for the time period from 2018 to 2021. EPA conducted preliminary research on 10 states that resulted in an average of 40 UST servicing companies per state. For the 17 states that will be examined in the study, this average indicates an approximate total universe size of 680 testing companies.

6(e) Bottom Line Burden Hours and Cost Tables
 Respondent Tally 
                  This table displays the bottom-line respondent annual cost and burden estimates.
            
 The Agency Tally
                  This table displays the bottom-line Agency cost estimates for this information collection. Please note that while costs have been annualized, EPA anticipates that all research contractor activities will occur in 2022 rather than over a three-year collection period. 
                  
                  
 Variations in the Annual Bottom Line
                  As stated above, EPA annualized costs for this information collection over a three-year period; however, the contractor costs are expected to occur in 2022.
6(f) Reasons for Change in Burden
No changes have been made to this burden estimate.
6(g) Burden Statement
For respondents, defined in this information collection as UST testing companies and UST owners and operators, annual burden and cost is estimated to be $605,186.40 over a three-year period. Burden and cost over the lifetime of the ICR is estimated to be $1,815,559.20. For the Agency, annual burden is estimated to be $1,854.33 for Agency staff and $5,563 total over a three-year period. The Agency will also incur an additional $41,246.18 in research contractor costs over the three-year period, with the contractor work expected to occur in 2022 only.
 Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.  
 To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number [EPA-HQ-OLEM-2020-0354], which is available for online viewing at www.regulations.gov, or in person viewing at the Office of Underground Storage Tanks Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C.  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 docket "Gathering Data on Results of Newly Required Annual and Triennial Testing to Evaluate the Impacts of U.S. E.P.A.'s 2015 Federal Underground Storage Tank Regulation" is (202) 564-0663.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OLEM-2020-0354 and OMB Control Number XXXX-XXXX in any correspondence.


Exhibits
Exhibit 1. Respondent Burden and Cost
                                       
 
Exhibit 2. Agency Burden and Cost
                                       
 
Exhibit 3. Research Contractor Total Cost Estimate



