SUPPORTING
STATEMENT
FOR
EPA
INFORMATION
COLLECTION
REQUEST
NUMBER
1360.06
"
UNDERGROUND
STORAGE
TANKS:
TECHNICAL
AND
FINANCIAL
REQUIREMENTS,
AND
STATE
PROGRAM
APPROVAL
PROCEDURES"

July
16,
2001
Draft
Page
i
TABLE
OF
CONTENTS
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
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1
1(
a)
Title
and
Number
of
the
Information
Collection
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1
1(
b)
Short
Characterization
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1
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
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6
2(
a)
Need
and
Authority
for
the
Collection
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6
2(
b)
Practical
Utility
and
Users
of
the
Data
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7
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
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7
3(
a)
Nonduplication
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7
3(
b)
Public
Notice
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8
3(
c)
Consultations
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8
3(
d)
Effects
of
less
Frequent
Collection
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8
3(
e)
General
Guidelines
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8
3(
f)
Confidentiality
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9
3(
g)
Sensitive
Questions
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4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
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9
4(
a)
Respondents/
SIC
and
NAICS
Codes
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9
4(
b)
Information
Requested
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5.
THE
INFORMATION
COLLECTED­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
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46
5(
a)
Agency
Activities
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46
5(
b)
Collection
Methodology
and
Management
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47
5(
c)
Small
Entity
Flexibility
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47
5(
d)
Collection
Schedule
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47
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
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48
6(
a)
Estimating
Respondent
Burden
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48
6(
b)
Estimating
Respondent
Costs
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48
6(
c)
Estimating
Agency
Burden
and
Cost
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50
6(
d)
Estimating
the
Respondent
Universe
and
Total
Burden
and
Cost
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50
6(
e)
Bottom
Line
Burden
and
Costs
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72
6(
f)
Reasons
for
Change
in
Burden
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73
6(
g)
Burden
Statement
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73
Draft
Page
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
1360.06.

1(
b)
Short
Characterization
Subtitle
I
of
the
Resource
Conservation
and
Recovery
Act
(
RCRA),
as
amended,
requires
that
the
U.
S.
Environmental
Protection
Agency
(
EPA)
develop
standards
for
underground
storage
tank
systems
(
USTs)
as
may
be
necessary
to
protect
human
health
and
the
environment,
and
procedures
for
approving
State
programs
in
lieu
of
the
Federal
program.
EPA
promulgated
technical
and
financial
requirements
for
owners
and
operators
of
USTs
at
40
CFR
Part
280,
and
State
program
approval
procedures
at
40
CFR
Part
281.

In
Sections
1
through
5
of
this
ICR,
EPA
presents
a
comprehensive
description
of
all
of
information
collection
requirements
contained
at
40
CFR
Parts
280
and
281.
In
Section
6,
EPA
estimates
the
total
burden
and
cost
to
respondent
and
government
associated
with
these
information
collection
requirements.
The
ICR
presents
all
40
CFR
Part
280
requirements
under
the
heading
"
Technical
and
Financial
Requirements"
and
all
40
CFR
Part
281
requirements
under
the
heading
"
State
Program
Approval
Procedures."

TECHNICAL
AND
FINANCIAL
REQUIREMENTS
Sections
9002,
9003,
and
9004
of
RCRA
specify
statutory
requirements
for
new
and
existing
tanks.
Subtitle
I
directs
EPA
to
develop
performance
standards
covering
the
following:


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;


Out­
of­
service
UST
systems
and
closure;
and

Financial
responsibility.

The
technical
and
financial
requirements
for
owners
and
operators
of
USTs
are
found
in
40
CFR
Part
280.
A
brief
summary
of
the
information
collection
requirements
associated
with
each
UST
regulation
is
provided
below.
A
more
specific
discussion
of
the
data
items
and
respondent
activities
associated
with
each
of
the
information
collection
requirements
is
presented
in
Section
4(
b)
of
this
ICR.
Draft
Page
2
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
to
be
non­
corrosive.
The
information
collection
requirements
associated
with
this
siting
prohibition
are
contained
at
40
CFR
280.11(
a)
and
(
b).

UST
Systems:
Design,
Construction,
Installation,
and
Notification
EPA
promulgated
the
performance
standards
for
new
and
existing
UST
systems
at
40
CFR
Part
280,
Subpart
B.
Sections
280.20(
a),
(
b),
and
(
e)
and
280.22
prohibit
installation
of
tanks
without
corrosion
protection
unless
a
corrosion
expert
has
determined
that
the
site
is
noncorrosive
Owners
and
operators
must
install
systems
properly,
complete
and
submit
certification
information,
and
provide
notification
of
all
new
and
existing
tank
systems.
Information
collection
requirements
associated
with
design,
construction,
and
installation
are
contained
in
the
following
40
CFR
sections:


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


Certification
of
Installation
(
280.20(
e));
and

Notification
Requirements
(
280.22).

General
Operating
Requirements
EPA
promulgated
UST
general
operating
requirements
at
40
CFR
Part
280,
Subpart
C.
In
order
to
comply
with
these
regulations,
owners
or
operators
of
USTs
must
conduct
tests,
and
collect,
record,
and,
in
some
cases,
report
data
to
EPA.
Information
collection
requirements
associated
with
the
general
facility
standards
are
contained
in
the
following
40
CFR
sections:


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)).

Release
Detection
EPA
promulgated
release
detection
standards
at
40
CFR
Part
280,
Subpart
D.
Owners
and
operators
must
demonstrate
the
effectiveness
of
alternative
detection
systems;
inspect
and
test
detection
systems
in
accordance
with
sections
280.43
and
280.44;
and
maintain
records
of
all
Draft
Page
3
sampling,
monitoring,
testing,
and
inspections.
The
information
collection
requirements
associated
with
release
detection
are
contained
in
the
following
40
CFR
sections:


Release
Detection
for
Tanks
(
§
280.43);


Release
Detection
for
Piping
(
§
280.44);
and

Release
Detection
Recordkeeping
(
§
280.45).

Release
Reporting,
Investigation,
and
Confirmation
EPA
promulgated
release
reporting,
investigation,
and
confirmation
standards
at
40
CFR
Part
280,
Subpart
E.
Owners
and
operators
must
report
suspected
spills,
report
and
immediately
clean
up
spills
of
25
gallons
or
more,
and
report
spills
of
less
than
25
gallons
if
they
cannot
be
cleaned
up
within
24
hours.
Specific
guidelines
for
reporting
and
cleanup
of
spills
can
be
found
at
sections
280.50
through
280.53.
The
information
collection
requirements
associated
with
release
reporting
and
investigation
are
contained
in
the
following
40
CFR
sections:


Reporting
of
Suspected
Releases
(
§
280.50);
and

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

Release
Response
and
Corrective
Action
for
UST
Systems
Containing
Petroleum
or
Hazardous
Substances
EPA
promulgated
release
response
and
corrective
action
requirements
at
40
CFR
Part
280,
Subpart
F.
Owners
and
operators
must
respond
and
take
corrective
action
for
a
release
by
following
procedures
described
at
sections
280.61
through
280.66.
Owners
and
operators
must
report
the
spill,
investigate
the
physical
release
area,
investigate
the
characteristics
of
the
released
product,
remove
the
free
product,
perform
soil
and
groundwater
investigations,
draw
up
and
conduct
corrective
action
procedures,
maintain
records,
and
submit
reports
on
these
procedures
to
the
implementing
agency.
The
information
collection
requirements
associated
with
release
response
and
corrective
action
are
contained
in
the
following
40
CFR
sections:


Initial
Response
(
§
280.61(
a));


Initial
Abatement
Measures
Report
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).

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
Draft
Page
4
systems
must
be
mailed
to
the
implementing
agency
or
maintained
as
specified
in
section
280.74.
The
information
collection
requirements
associated
with
UST
closure
are
contained
in
the
following
40
CFR
sections:


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

Closure
Records
(
§
280.74(
c)).

Financial
Responsibility
EPA
promulgated
financial
responsibility
standards
at
40
CFR
Part
280,
Subpart
H.
Owners
and
operators
may
choose
one
method
or
a
combination
of
several
methods
to
satisfy
the
financial
responsibility
requirements
of
Subpart
H.
Each
method
has
its
own
specific
submittal
or
recordkeeping
requirements.
Generally,
each
respondent
must
obtain
and
keep
on
file
proof
of
financial
assurance.
EPA
also
may
require
this
information
to
be
submitted.
The
information
collection
requirements
associated
with
financial
responsibility
are
contained
in
the
following
40
CFR
sections:


Financial
Test
of
Self
Assurance
(
§
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
Mechanisms
(
§
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
the
Owner
or
Operator
(
§
280.108);


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


Reporting
by
the
Owner
or
Operator
(
§
280.110);


Recordkeeping
(
§
280.111);


Drawing
on
Financial
Assurance
Mechanisms
(
§
280.112);
and

Bankruptcy
or
Other
Incapacity
(
§
280.114).

STATE
PROGRAM
APPROVAL
PROCEDURES
Under
the
authority
of
section
9004
of
RCRA,
EPA
developed
procedures
for
States
to
apply
for
approval
to
implement
a
State
program
in
lieu
of
the
Federal
program.
EPA
promulgated
regulations
at
40
CFR
Part
281
in
the
following
subparts:
Draft
Page
5

Components
of
a
Program
Application
(
Subpart
B);


Adequate
Enforcement
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.

Components
of
a
Program
Application
EPA
promulgated
State
program
application
information
requirements
at
40
CFR
Part
281,
Subpart
B.
A
State
must
gather
information,
and
develop
and
submit
a
program
application
to
EPA
for
review.
The
application
process
includes
obtaining
information
from
the
Governor
and
Attorney
General,
and
preparing
a
description
of
the
program.
The
information
collection
requirements
associated
with
State
program
approval
are
contained
in
the
following
40
CFR
sections:


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)).

Adequate
Enforcement
and
Compliance
EPA
promulgated
enforcement
and
compliance
standards
at
40
CFR
Part
281,
Subpart
D.
Upon
request,
a
State
must
submit
information
from
State
files
regarding
the
administration
of
the
program.
The
information
collection
requirements
associated
with
enforcement
and
compliance
are
contained
in
section
281.43(
a),
"
Sharing
of
Information."

Approval
Procedures
EPA
promulgated
approval
procedure
requirements
at
40
CFR
Part
281,
Subpart
E.
A
State
must
revise
its
program
to
satisfy
new
requirements.
The
information
collection
requirements
associated
with
approval
procedures
are
contained
in
sections
281.52(
a)
and
(
b),
"
Revision
of
Approved
State
Programs."

Withdrawal
of
Approval
of
State
Programs
Draft
Page
6
EPA
promulgated
requirements
for
withdrawal
of
State
program
approval
at
40
CFR
Part
281,
Subpart
F.
A
State
may,
at
any
time,
transfer
responsibilities
by
developing
and
submitting
a
plan
for
information
transfers.
The
information
collection
requirements
associated
with
the
withdrawal
of
a
State
program
are
contained
in
section
281.61(
a)(
1),
"
Procedures
for
Withdrawal
of
Approval
of
State
Programs."

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need
and
Authority
for
the
Collection
This
section
describes
the
need
and
authority
for
each
type
of
information
collection
analyzed
in
this
ICR.
The
ICR
covers
all
aspects
of
management
of
UST,
owner
and
operator
duties,
and
States
submitting
their
own
programs
for
approval,
to
be
administered
in
lieu
of
the
Federal
UST
program.
Without
this
data
collection,
releases
from
leaking
tanks,
spills,
or
overfills
could
go
undetected.
In
general,
the
UST
reporting
and
recordkeeping
requirements
are
intended
to
yield
valuable
information
on
UST
systems
and
to
facilitate
prompt
action
when
a
release
is
detected.

TECHNICAL
AND
FINANCIAL
REQUIREMENTS
Subtitle
I
of
RCRA,
as
amended,
contains
UST
statutory
requirements.
Section
9002
of
RCRA,
as
amended,
directs
EPA
to
promulgate
notification
requirements
for
new
USTs.
Submitted
notifications
help
EPA
to
track
the
number
and
location
of
new
UST
tanks
and
their
design
specifications.
EPA
needs
to
collect
this
information
to
ensure
that
new
USTs
meet
design
standards
and
other
requirements.

Section
9003(
a)
through
(
c)
of
RCRA,
as
amended,
directs
EPA
to
promulgate
technical
regulations
for
all
USTs.
The
regulations
include,
but
are
not
limited
to,
requirements
for
maintaining
records
of
any
monitoring
or
leak
detection
system,
requirements
for
reporting
releases
and
corrective
actions
taken
in
response
to
an
UST
release,
and
requirements
for
the
closure
of
tanks.
EPA
requires
this
reporting
and
recordkeeping
to
facilitate
prompt
detection
of
releases
and
to
prevent
future
releases
of
regulated
substances
into
the
environment.

Section
9003(
d)
of
RCRA,
as
amended,
requires
that
EPA
promulgate
regulations
for
demonstrating
financial
responsibility
for
taking
corrective
action
and
compensating
third
parties
for
bodily
injury
and
property
damage
caused
by
sudden
and
nonsudden
accidental
releases
from
USTs.
In
order
to
comply
with
the
regulations
private
owners
and
operators
and
local
government
owners
and
operators
must
demonstrate
financial
responsibility
using
one
or
a
combination
of
the
mechanisms
specified
at
40
CFR
Part
280,
Subpart
H.
The
need
for
financial
responsibility
for
corrective
action
and
third
party
liability
is
evidenced
by
numerous
instances
of
environmental
damage
resulting
from
regulated
substances
being
released
from
tanks.
EPA
requires
this
reporting
and
recordkeeping
to
ensure
the
financial
ability
of
owners
and
operators
of
USTs
to
remediate
or
pay
for
damages
resulting
from
releases
or
leaking
tanks.
Draft
Page
7
STATE
PROGRAM
APPROVAL
PROCEDURES
Section
9004
of
RCRA,
as
amended,
specifies
procedures
for
States
to
gain
approval
to
implement
their
own
UST
programs
in
lieu
of
the
Federal
program.
To
receive
approval,
a
State
must
demonstrate
that
its
program
is
no
less
stringent
than
the
Federal
UST
program
and
provides
adequate
enforcement
of
their
regulations.

EPA
needs
to
collect
this
information
to
determine
whether
a
State
program
can
sufficiently
protect
human
health
and
the
environment.
A
State
must
prove
that
it
has
the
ability
to
enforce
its
UST
regulations
relating
to
tank
management
and
operations
and
in
the
event
of
a
release.

2(
b)
Practical
Utility
and
Users
of
the
Data
The
data
collected
for
new
and
existing
UST
system
operations
and
financial
requirements
are
used
by
the
owners
and
operators
and/
or
EPA
or
the
implementing
agency.
Data
maintained
in
records
are
used
to
monitor
results
of
testing,
inspections,
and
operations
of
UST
systems,
as
well
as
to
demonstrate
compliance
with
regulations.

Notifications
and
submitted
information
on
technical
standards
or
financial
assurance
are
used
by
EPA
or
the
implementing
agency
to
monitor
compliance
with
UST
regulations.
The
financial
information
also
is
used
in
the
event
of
a
release
to
decide
whether
funds
from
the
Leaking
Underground
Storage
Tank
Trust
Fund
will
be
used
to
pay
for
corrective
action.

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
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.
Draft
Page
8
3(
b)
Public
Notice
In
compliance
with
the
Paperwork
Reduction
Act
of
1995,
EPA
issued
a
public
notice
in
the
Federal
Register
on
March
19,
2001
(
66
FR
15423).
The
public
comment
period
extended
through
May
18,
2001.
EPA
did
not
receive
any
public
comments
on
the
ICR
draft
during
the
public
comment
period.

3(
c)
Consultations
In
preparing
the
respondent
burden
estimates
for
this
ICR,
EPA
consulted
with
the
following
individuals:

Name
of
Organization/
State
Program
Name
of
Contact
Person
Telephone
number
Bolger
Brothers,
Incorporated
Mr.
Gary
Calvert
(
814)
940­
6063
JVC,
Incorporated
Mr.
Coles
Marsh
(
301)
274­
4750
National
Association
of
Convenience
Stores
(
NACS)
Mr.
Jeff
Leitter
Mr.
John
Eichberger
(
202)
342­
8490
(
703)
684­
3600
Petroleum
Marketers
Association
of
America
(
PMAA)
Ms.
Melissa
Young
(
703)
351­
8000,
Ext.
30
Society
of
Independent
Gasoline
Marketers
of
America
(
SIGMA)
Mr.
Jeff
Leitter
(
202)
342­
8490
Tank
Tech
Mr.
Bud
Mattox
(
800)
871­
4008
UST
Program,
Virginia
Department
of
Environmental
Quality
Mr.
Russell
P.
Ellison,
III
(
804)
698­
4269
3(
d)
Effects
of
less
Frequent
Collection
EPA
has
carefully
considered
the
burden
imposed
upon
the
regulated
community
by
the
technical
and
financial
standards.
EPA
is
confident
that
those
activities
required
of
respondents
are
necessary,
and
to
the
extent
possible,
has
attempted
to
minimize
the
burden
imposed.
EPA
believes
strongly
that
if
the
minimum
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
Information
Collection
Review
Handbook,
and
other
applicable
OMB
guidance.
Draft
Page
9
3(
f)
Confidentiality
Section
3007(
b)
of
RCRA
and
40
CFR
Part
2,
Subpart
B,
which
defines
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
also
will
assure
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
information
collection
requirements.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
SIC
and
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.
Draft
Page
10
SIC
Code
SIC
Code
Description
NAICS
Code
NAICS
Code
Description
2819
Industrial
Inorganic
Chemicals
211112
Natural
Gas
Liquid
Extraction
325998
All
Other
Miscellaneous
Chemical
Product
and
Preparation
Manufacturing
331311
Alumina
Refining
325131
Inorganic
Dye
and
Pigment
Manufacturing
325188
All
Other
Basic
Inorganic
Chemical
Manufacturing
2821
Plastics
Materials
and
Resins
325211
Plastics
Material
and
Resin
Manufacturing
2851
Paints
and
Allied
Products
32551
Paint
and
Coating
Manufacturing
2869
Industrial
Organic
Chemicals
32511
Petrochemical
Manufacturing
325188
All
Other
Basic
Inorganic
Chemical
Manufacturing
325193
Ethyl
Alcohol
Manufacturing
32512
Industrial
Gas
Manufacturing
325199
All
Other
Basic
Organic
Chemical
Manufacturing
2899
Chemical
Preparations
32551
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
32411
Petroleum
Refineries
3599
Industrial
Machinery
336399
All
Other
Motor
Vehicle
Parts
Manufacturing
332999
All
Other
Miscellaneous
Fabricated
Metal
Product
Manufacturing
333319
Other
Commercial
and
Service
Industry
Machinery
Manufacturing
33271
Machine
Shops
333999
All
Other
Miscellaneous
General
Purpose
Machinery
Manufacturing
SIC
Code
SIC
Code
Description
NAICS
Code
NAICS
Code
Description
Draft
Page
11
3714
Motor
Vehicle
Parts
and
Accessories
336211
Motor
Vehicle
Body
Manufacturing
336312
Gasoline
Engine
and
Engine
Parts
Manufacturing
336322
Other
Motor
Vehicle
Electrical
and
Electronic
Equipment
Manufacturing
33633
Motor
Vehicle
Steering
and
Suspension
Components
(
except
Spring)
Manufacturing
33634
Motor
Vehicle
Brake
System
Manufacturing
33635
Motor
Vehicle
Transmission
and
Power
Train
Parts
Manufacturing
336399
All
Other
Motor
Vehicle
Parts
Manufacturing
4212
Local
Trucking
Without
Storage
562112
Hazardous
Waste
Collection
562119
Other
Waste
Collection
48411
General
Freight
Trucking,
Local
48421
Used
Household
and
Office
Goods
Moving
48422
Specialized
Freight
(
except
Used
Goods)
Trucking,
Local
4911
Electric
Systems
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
48621
Pipeline
Transportation
of
Natural
Gas
5171
Petroleum
Bulk
Stations
and
Terminals
454311
Heating
Oil
Dealers
454312
Liquefied
Petroleum
Gas
(
Bottled
Gas)
Dealers
42271
Petroleum
Bulk
Stations
and
Terminals
5511
New
and
Used
Car
Dealers
44111
New
Car
Dealers
5541
Gasoline
Service
Stations
44711
Gasoline
Stations
with
Convenience
Store
44719
Other
Gasoline
Stations
SIC
Code
SIC
Code
Description
NAICS
Code
NAICS
Code
Description
Draft
Page
12
7538
General
Automotive
Repair
Shops
811111
General
Automotive
Repair
4(
b)
Information
Requested
In
the
following
paragraphs,
EPA
describes
the
UST
technical
and
financial
requirements
and
the
State
program
approval
application
requirements
contained
at
40
CFR
Parts
280
and
281,
respectively.

TECHNICAL
AND
FINANCIAL
REQUIREMENTS
Regulations
at
40
CFR
Part
280
contain
technical
and
financial
requirements
for
owners
and
operators
of
USTs.
Part
280
is
divided
into
eight
subparts
(
Subparts
A
through
H).
This
ICR
summarizes
the
information
collection
requirements,
and
associated
data
items
and
respondent
activities,
in
the
order
in
which
they
appear
in
Part
280,
in
the
following
subparts:


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).

Program
Scope
and
Interim
Prohibition
(
1)
Reading
the
Regulations
Each
owner
or
operator
installing
or
having
a
deferred
UST
system
is
expected
to
read
the
regulations
at
40
CFR
Part
280,
Subpart
A.

(
2)
Deferred
UST
System
Installations
Interim
prohibition
requires
a
new
UST
system
to
have
corrosion
protection
if
it
is
deferred
from
the
regulations.
Deferrals
include
UST
systems
used
to
store
regulated
substances
in
a
wastewater
treatment
tank
system,
regulated
radioactive
material
system,
emergency
generator
system
at
a
nuclear
power
facility,
airport
hydrant
fuel
distribution
systems,
or
field
constructed
tank
systems
for
storing
a
regulated
substance
unless
a
corrosion
expert
finds
the
site
to
be
relatively
non­
corrosive.
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
Draft
Page
13
UST
to
have
a
release
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
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.

UST
Systems:
Design,
Construction,
Installation,
and
Notification
(
1)
Reading
the
Regulations
Each
owner
or
operator
installing
or
certifying
installation
of
an
UST
system
is
expected
to
read
the
regulations
at
40
CFR
Part
280,
Subpart
B.

(
2)
Performance
Standards
for
New
UST
Systems
­
Tanks
and
Piping
Without
Corrosion
Protection
Tanks
and
piping
in
contact
with
the
ground
that
routinely
contain
regulated
substances
must
have
corrosion
protection
unless
a
corrosion
expert
finds
the
site
to
be
relatively
noncorrosive
(
§
280.20(
a)
and
(
b)).
Sections
280.20(
a)(
4)(
i)
and
(
ii)
and
280.20(
b)(
3)(
i)
and
(
ii)
require
owners
or
operators
that
have
installed
an
UST
system
with
metal
tanks
and/
or
piping
without
corrosion
protection
to
maintain
records
which
state
a
corrosion
expert
determined
that
there
is
no
threat
of
corrosion
to
cause
the
UST
to
have
a
release
during
its
operating
life.
These
records
of
compliance
must
be
maintained
for
the
remaining
life
of
the
tank
and/
or
piping
(
§
§
280.20(
a)
and
(
b)).

(
i)
Data
items:


Records
documenting
that
a
corrosion
expert
determined
that
there
is
no
threat
of
corrosion
to
cause
the
UST
to
have
a
release
during
its
operating
life.

(
ii)
Respondent
activities:


Have
a
corrosion
expert
inspect
the
site;
and

Maintain
the
records
demonstrating
compliance.
1
Note
that
all
tanks
should
have
been
upgraded
by
December
22,
1998.

Draft
Page
14
(
3)
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
activity:


Obtain
and
provide
a
certification
of
compliance
of
proper
installation
on
the
notification
form.

(
4)
Periodic
Lining
Inspections
Section
280.21
establishes
requirements
for
all
UST
systems
that
have
been
upgraded.
1
Section
280.21(
b)(
1)(
ii)
requires
that
all
tanks
upgraded
by
internal
lining
be
inspected
within
ten
years
after
lining,
and
every
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
which
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
ten
years
after
lining
and
every
five
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
2
Note
that
this
section
only
burdens
respondents
for
compiling
these
data
items,
not
for
obtaining
them.
The
burden
associated
with
obtaining
these
data
items
is
covered
in
other
parts
of
the
ICR
under
section
280.20(
e)
(
certificate
of
compliance
with
installation),
sections
280.20(
a)
and
(
b)
(
cathodic
protection
of
steel
tanks
and
piping),
sections
280.95
through
280.114
(
financial
responsibility),
and
sections
280.40
through
280.45
(
release
detection).

Draft
Page
15
records,
EPA
has
burdened
respondents
with
this
activity
in
this
ICR.
In
addition,
EPA
notes
that
the
Agency
may
use
these
inspection
records
for
enforcement
purposes.]

(
5)
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
inform
the
buyer
of
notification
obligations
(
§
280.22(
g)).

(
i)
Data
items:


Completed
notification
form
that
includes:

­­
A
notice
of
existence
for
each
tank
system
located
at
a
separate
place
of
operation
(
§
280.22(
a)
through
(
d));

­­
Certificate
of
compliance
with
installation,
cathodic
protection,
financial
responsibility,
and
release
detection
requirements
(
§
280.22(
e)
and
(
f));
2
and
 
Notice
to
purchaser
of
an
UST
of
the
owner's
notification
obligations
(
§
280.22(
g)).

(
ii)
Respondent
activities:


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.

General
Operating
Requirements
(
1)
Reading
the
Regulations
Each
owner
or
operator
maintaining
and
operating
an
UST
system
is
expected
to
read
the
regulations
at
40
CFR
Part
280,
Subpart
C.
Draft
Page
16
(
2)
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
which
show
compliance
with
performance
standards
for
UST
systems
using
cathodic
protection.

(
i)
Data
items:


Records
which
show
compliance
with
performance
standards
for
UST
systems
using
cathodic
protection,
including:

­­
For
all
tanks
with
cathodic
protection,
results
of
testing
from
the
last
two
inspections
of
the
cathodic
protection
system
(
§
§
280.31(
b)(
1)
and
(
2));
and
­­
For
tanks
using
impressed
cathodic
protection
systems,
results
of
the
last
three
inspections
of
the
cathodic
protection
equipment
on
UST
systems
(
§
280.31(
c)).

(
ii)
Respondent
activities:


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.

(
3)
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:
Draft
Page
17

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.

(
4)
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
burden
and
costs,
are
specified
and
covered
in
each
of
the
respective
sections
(
§
280.34(
a)).

(
5)
Recordkeeping
Section
280.34(
b)
requires
owners
and
operators
to
cooperate
fully
with
the
implementing
agency
concerning
the
recordkeeping
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
burden
and
costs,
are
specified
and
covered
in
each
of
the
respective
sections
(
§
280.34(
b)).

(
6)
Availability
and
Maintenance
of
Records
Section
280.34(
c)
requires
owners
and
operators
to
cooperate
fully
with
the
implementing
agency
concerning
the
availability
and
geographic
location
of
records.
In
the
case
of
a
permanently
closed
site
owners
and
operators
may
exercise
the
option
of
submitting
the
closure
records
to
the
implementing
agency
(
§
280.34(
c)).
This
activity
is
burdened
in
section
280.74.

Release
Detection
(
1)
Reading
the
Regulations
Each
owner
or
operator
maintaining
and
operating
a
release
detection
system
in
an
UST
system
is
expected
to
read
the
regulations
at
40
CFR
Part
280,
Subpart
D.

(
2)
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
3
If
an
UST
system
meets
the
§
§
280.20
or
280.21
performance
standards,
product
inventory
control
or
manual
tank
gauging
may
be
used
in
conjunction
with
tank
tightness
testing
every
five
years
until
December
22,
1998
or
until
10
years
after
installation
or
upgrading
of
the
tank,
whichever
is
later
(
see
§
280.41(
a)(
1)).
Note
that
all
tanks
should
have
been
upgraded
or
closed
by
December
22,
1998.

4
Tanks
of
over
2,000­
gallon
capacity
may
not
use
this
method
of
release
detection
(
also
see
previous
footnote).

Draft
Page
18
release
may
have
occurred,
owners
and
operators
must
notify
the
implementing
agency
in
accordance
to
Subpart
E.
Data
items
and
respondent
activities
associated
with
release
detection
requirements
are
covered
and
burdened
under
sections
280.43,
280.44,
and
280.45.
Data
items
and
respondent
activities
associated
with
the
reporting
of
suspected
releases
and
the
cleanup
of
spills
and
overfills
are
covered
and
burdened
in
the
subsequent
section,
"
Release
Reporting,
Investigation,
and
Confirmation"
(
40
CFR
Part
280,
Subpart
E).

(
3)
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,
3
including
the
following:

­­
Inventory
volume
measurements
for
regulated
substance
inputs,
withdrawals,
and
remaining
substance
for
each
operating
day
(
§
280.43(
a)(
1)
and
(
3));

­­
Records
of
product
dispensing,
recorded
to
local
standards
for
meter
calibration
or
within
six
cubic
inches
for
every
five
gallons
withdrawn
(
§
280.43(
a)(
5));
and
­­
Records
of
measurements
of
any
water
level
in
the
bottom
of
the
tank,
to
the
nearest
one­
eighth
inch,
at
least
once
per
month
(
§
280.43(
a)(
6));


Records
of
manual
tank
gauging,
4
including
weekly
records
of
tank
liquid
level
measurements,
taken
at
the
beginning
and
end
of
a
minimum
time
period
during
which
the
contents
of
the
tank
are
not
disturbed
(
§
280.43(
b)(
1));
5
Tank
tightness
testing
may
be
used
in
conjunction
with
inventory
control
or
manual
tank
gauging
(
see
previous
footnotes).

6
If
an
UST
system
meets
the
§
§
280.20
or
280.21
performance
standards,
product
inventory
control
may
be
used
in
conjunction
with
tank
tightness
testing
every
five
years
until
December
22,
1998
or
until
10
years
after
installation
or
upgrading
of
the
tank,
whichever
is
later
(
see
§
280.41(
a)(
1)).
Note
that
all
tanks
should
have
been
upgraded
or
closed
by
December
22,
1998.

Draft
Page
19

Records
of
tank
tightness
testing5
that
demonstrate
that
testing
is
capable
of
detecting
a
0.1
gallon
per
hour
leak
rate
(
§
280.43(
c));


Records
of
automatic
tank
gauging
tests,
including
the
following:

­­
Monthly
automatic
product
level
monitor
tests
(
§
280.43(
d)(
1));
and
­­
For
automatic
tank
gauging
systems
that
do
not
meet
the
performance
standard
found
in
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));


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


Monthly
records
of
ground­
water
monitoring
(
§
280.43(
f));


Monthly
records
of
interstitial
monitoring
between
the
UST
system
and
a
secondary
barrier
immediately
around
or
beneath
it
(
§
280.43(
g));
and/
or

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

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;
6
7
If
an
UST
system
meets
the
§
§
280.20
or
280.21
performance
standards,
manual
tank
gauging
may
be
used
in
conjunction
with
tank
tightness
testing
every
five
years
until
December
22,
1998
or
until
10
years
after
installation
or
upgrading
of
the
tank,
whichever
is
later
(
see
§
280.41(
a)(
1)).
Note
that
all
tanks
should
have
been
upgraded
or
closed
by
December
22,
1998.

Draft
Page
20

If
using
manual
tank
gauging
with
tank
tightness
testing,
record
two
consecutive
tank
liquid
level
measurements
at
the
beginning
and
ending
of
a
minimum
time
period
each
week,
reconcile
measurements
monthly,
and
perform
tank
tightness
testing;
7

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
ground­
water
monitoring,
record
results
of
monthly
ground­
water
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.

(
4)
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.]
8
Based
on
program
experience,
EPA
believes
that
the
majority
of
the
lines
are
pressurized
piping
and
the
minority
of
the
lines
are
suction
lines.
However,
EPA
was
unable
to
estimate
the
number
of
pressurized
piping
and
suction
lines
used.
Therefore,
this
ICR
assumes
that
all
lines
used
are
pressurized
piping.
Because
suction
piping
systems
do
not
have
to
comply
with
certain
leak
detection
requirements,
this
ICR
overestimates
the
burden
for
this
section.

Draft
Page
21
(
ii)
Respondent
activities:
8

Conduct
annual
test
of
the
operation
of
the
automatic
line
leak
detector
in
accordance
with
the
manufacturer's
requirements;
and
either,


Record
results
of
an
annual
line
leak
detector
test;
or

Record
results
of
monthly
monitoring.

(
5)
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:

­­
Performance
claims
­
five
years
from
date
of
installation,
unless
implementing
agency
advises
otherwise;
Draft
Page
22
­­
Sampling,
testing
or
monitoring
results
­
one
year
unless
implementing
agency
advises
otherwise,
except
for
tank
tightness
testing,
in
which
case
records
are
to
be
maintained
until
the
next
test
is
conducted;

­­
Documentation
of
all
calibrations,
maintenance,
and
repairs
­
one
year
after
servicing
was
completed,
unless
implementing
agency
advises
otherwise;
and
­­
Manufacturer
calibration
and
maintenance
schedules
­
five
years
from
date
of
installation.

Release
Reporting,
Investigation
and
Confirmation
(
1)
Reading
the
Regulations
Each
owner
or
operator
suspecting
or
detecting
that
a
release
has
occurred
in
an
UST
system
is
expected
to
read
the
regulations
at
40
CFR
Part
280,
Subpart
E.

(
2)
Reporting
of
Suspected
Releases
Section
280.50
requires
owners
and
operators
to
report
within
24
hours
to
the
implementing
agency
if
a
release
is
suspected
and
the
release
exceeds
25
gallons
(
or
for
hazardous
substances
that
exceed
the
reportable
quantity),
or
if
a
smaller
release
cannot
be
cleaned
up
within
24
hours.

(
i)
Data
items:


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
Draft
Page
23

Report
the
suspected
release.

(
3)
Reporting
and
Cleanup
of
Spills
and
Overfills
Sections
280.53(
a)
through
(
b)
require
owners
and
operators
to
immediately
contain
and
cleanup
a
spill
or
overfill,
and
to
report
certain
releases.
Owners
and
operators
must
report
to
the
implementing
agency
within
24
hours,
or
another
reasonable
time
period
specified
by
the
implementing
agency,
in
the
following
cases:


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
clean
up
cannot
be
accomplished
within
24
hours,
or
another
reasonable
time
period
specified
by
the
implementing
agency,
owners
and
operators
must
immediately
notify
the
implementing
agency.

(
i)
Data
items:


Report
on
spill
or
overfill
that
exceeds
25
gallons
or
equals
or
exceeds
a
reportable
quantity
under
CERCLA;
and

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.

Release
Response
and
Corrective
Action
for
UST
Systems
Containing
Petroleum
or
Hazardous
Substances
Draft
Page
24
(
1)
Reading
the
Regulations
Each
owner
or
operator
responding
to
and
reporting
on
a
release
in
an
UST
system
is
expected
to
read
the
regulations
at
40
CFR
Part
280,
Subpart
F.

(
2)
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
activities:


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

(
3)
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
§
280.62(
a).

(
i)
Data
item:


Report
on
initial
abatement
steps
and
resulting
information
or
data.

(
ii)
Respondent
activities:


Gather
information
during
initial
abatement;
and

Prepare
and
submit
a
summary
report
of
initial
abatement
steps.

(
4)
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
§
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
Draft
Page
25
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.

(
5)
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
§
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));


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));
Draft
Page
26

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.

(
6)
Investigations
for
Soil
and
Groundwater
Cleanup
Section
280.65
requires
owners
and
operators
to
conduct
investigations
of
soil
and
groundwater
if
any
of
the
following
conditions
exist:
(
1)
evidence
that
groundwater
wells
have
been
affected;
(
2)
free
product
is
found;
(
3)
there
is
evidence
of
contaminated
soils
in
contact
with
groundwater;
or
(
4)
potential
effects
of
soil
or
groundwater
on
nearby
surface
water
and
groundwater
resources.
Under
§
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.

(
7)
Corrective
Action
Plan
Section
280.66
specifies
corrective
action
requirements
for
USTs.
The
implementing
agency
may
require
owners
and
operators
to
submit
additional
information
or
a
corrective
action
plan
for
responding
to
contaminated
soils
or
groundwater.
Upon
approval,
owners
and
operators
must
implement
the
plan,
and
report
the
results
of
implementation.
In
addition,
in
order
to
keep
contamination
at
a
site
to
a
minimum,
owners
and
operators
may
begin
cleanup
prior
to
plan
approval
by
notifying
the
implementing
agency
of
the
intention
to
begin
cleanup
and
including
the
cleanup
measures
in
the
corrective
action
plan,
provided
they
comply
with
any
conditions
imposed
Draft
Page
27
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
ground
water;


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.

Out­
of­
Service
UST
Systems
and
Closure
(
1)
Reading
the
Regulations
Each
owner
or
operator
closing
or
changing
service
at
an
UST
system
is
expected
to
read
the
regulations
at
40
CFR
Part
280,
Subpart
G.

(
2)
Permanent
Closure
and
Changes­
in­
Service
Notification
Section
280.71(
a)
requires
that
owners
and
operators
notify
the
implementing
agency
of
any
decision
to
permanently
close
or
make
a
change­
in­
service
at
an
UST
system.
The
notification
must
be
made
at
least
30
days
prior
to
beginning
permanent
closure
or
change­
inservice
actions.
After
notifying,
but
before
completing
a
closure
or
change­
in­
service,
the
owner
or
operator
must
complete
an
excavation
zone
assessment
under
section
280.72(
a).

(
i)
Data
item:


Notification
of
close
or
change­
in­
service
at
an
UST
system.
Draft
Page
28
(
ii)
Respondent
activities:


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

Conduct
excavation
zone
assessment.

(
3)
Closure
Records
Section
280.74
requires
owners
and
operators
to
maintain
records
in
accordance
with
section
280.34
that
are
capable
of
showing
compliance
with
closure
requirements.
Owners
and
operators
also
are
required
to
maintain
result
of
the
excavation
zone
assessment
required
in
section
280.72
for
at
least
three
years
after
completion
of
permanent
closure
or
change­
in­
service.

(
i)
Data
items:


Records
showing
compliance
with
closure
requirements
(
§
280.74).

(
ii)
Respondent
activities:


Maintain
closure
records
after
permanent
closure
or
a
change­
in­
service
for
at
least
three
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.

Financial
Responsibility
40
CFR
Part
280,
Subpart
H
financial
requirements
apply
to
all
owners
of
petroleum
USTs,
except
those
exempted
in
sections
280.10(
b)
and
(
c),
as
specified
by
section
280.90(
d).
Owners
of
existing
USTs,
except
for
local
government
entities,
were
required
to
comply
with
the
financial
requirements
by
the
dates
specified
in
section
280.91.

An
owner
or
operator
may
use
any
one
or
combination
of
the
mechanisms
listed
in
sections
280.95
through
280.103
to
demonstrate
financial
responsibility.
In
addition
to
these
options,
a
local
government
operator
may
use
any
one
or
a
combination
of
the
mechanisms
listed
in
sections
280.104
through
280.107.
Each
of
these
options
is
described
in
detail
below
in
Subsections
(
2)
through
(
14).
[
Note:
This
ICR
aggregates
the
burden
associated
with
each
of
these
financial
mechanisms;
the
reporting
burden
for
financial
requirements
is
presented
under
section
280.110,
and
the
recordkeeping
burden
is
presented
under
section
280.111.]

(
1)
Reading
the
Regulations
Draft
Page
29
Each
affected
UST
owner
or
operator
is
expected
to
read
the
regulations
at
40
CFR
Part
280,
Subpart
H.

(
2)
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:


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
SEC,
Energy
Information
Administration,
or
Rural
Electrification
Administration
(
§
280.95(
c)(
5)).

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


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;
Draft
Page
30

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:


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).]

(
3)
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
Draft
Page
31

A
standby
trust
agreement
worded
exactly
as
in
section
280.103(
b)
(
§
280.96(
d)).
[
The
trust
agreement
is
burdened
subsequently
in
this
ICR.]

(
ii)
Respondent
activities:


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).]

(
4)
Insurance
and
Risk
Retention
Group
Coverage
Section
280.97
outlines
the
procedures
for
a
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)).

(
ii)
Respondent
activity:


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).]

(
5)
Surety
Bond
Section
280.98
outlines
the
procedures
for
a
obtaining
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
is
burdened
subsequently
in
this
ICR.]
Draft
Page
32
(
ii)
Respondent
activity:


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).]

(
6)
Letter
of
Credit
Section
280.99
outlines
the
procedures
for
a
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
is
burdened
subsequently
in
this
ICR.]

(
ii)
Respondent
activity:


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).]

(
7)
Use
of
State­
Required
Mechanisms
Section
280.100
allows
UST
owners
and
operators
in
States
without
program
approval
to
satisfy
the
requirements
of
section
280.93
by
using
a
State­
required
financial
mechanism,
if
approved
by
the
EPA
Region.
The
owner
or
operator,
State,
or
any
other
party
must
develop
a
submission.

(
i)
Data
items:


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)).
Draft
Page
33
(
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).]

(
8)
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
from
the
State
a
letter
or
certificate.

(
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
activity:


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).]

(
9)
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)).
Draft
Page
34
(
ii)
Respondent
activities:


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).]

(
10)
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
activity:


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).]

(
11)
Local
Government
Bond
Rating
Test
Section
280.104
states
that
a
general
purpose
local
government
owner
or
operator
and/
or
a
local
government
as
a
guarantor
may
satisfy
the
requirements
of
section
280.93
by
having
outstanding
issues
of
bonds
of
$
1
million
dollars
or
more.

(
i)
Data
items:


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
Draft
Page
35

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).]

(
12)
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)):

­­
Total
revenues;
­­
Total
expenditures;
­­
Local
revenues;
­­
Debt
service;
­­
Total
funds;
and
­­
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

Notice
within
ten
days
of
failure
to
obtain
alternate
assurance,
if
the
owner
or
operator
no
longer
meets
the
financial
test
requirements
(
§
280.105(
f)).

(
ii)
Respondent
activities:


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


Prepare
and
keep
on
file
a
signed
letter
from
the
CFO;
Draft
Page
36

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


Notify
implementing
agency
within
ten
days
if
owner
or
operator
fails
to
obtain
alternative
financial
assurance
within
150
days
of
discovering,
or
within
30
days
of
being
notified
by
the
implementing
agency,
that
he
or
she
no
longer
meets
the
financial
test
requirements.

[
NOTE:
This
ICR
covers
the
burden
associated
with
these
activities
under
section
280.110
(
reporting)
and
section
280.111
(
recordkeeping).]

(
13)
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

Obtain
and
keep
on
file
a
guarantee
agreement.
Draft
Page
37
[
NOTE:
This
ICR
covers
the
burden
associated
with
these
activities
under
section
280.110
(
reporting)
and
section
280.111
(
recordkeeping).]

(
14)
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).]

(
15)
Substitution
of
Financial
Assurance
Mechanisms
by
the
Owner
or
Operator
Draft
Page
38
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)).

(
ii)
Respondent
activity:


Prepare
and
submit
to
the
original
financial
assurance
provider
a
notice
of
alternate
financial
assurance.

[
NOTE:
This
ICR
covers
the
burden
associated
with
this
activity
under
section
280.110
(
reporting)
and
section
280.111
(
recordkeeping).]

(
16)
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;

­­
Name
and
address
of
the
provider
of
financial
assurance
(
§
280.109(
b)(
1));
­­
Effective
date
of
the
termination
(
§
280.109(
b)(
2));
and
­­
Evidence
of
the
financial
assurance
mechanism
subject
to
termination
(
§
280.109(
b)(
3)).

(
ii)
Respondent
activities:


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.

(
17)
Reporting
Draft
Page
39
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
items:


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

(
ii)
Respondent
activities:


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

(
18)
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.]

(
19)
Bankruptcy
or
Other
Incapacity
Section
280.114
sets
forth
notification
requirements
regarding
bankruptcy
or
other
incapacities
for
UST
owners
and
operators,
and
providers
of
financial
assurance.
Data
items
associated
with
these
requirements
must
be
submitted
within
ten
days
after
commencement
of
bankruptcy
proceedings:

(
i)
Data
items:
Draft
Page
40

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

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
ten
days
of
commencement
of
bankruptcy
procedures;
and

If
necessary,
prepare
and
submit
a
notification
of
inability
to
obtain
alternate
financial
assurance
within
30
days.

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).
Draft
Page
41
Components
of
a
Program
Application
(
1)
Reading
the
Regulations
Prior
to
the
submittal
of
a
State
program
application,
each
State
is
expected
to
obtain
and
read
all
of
the
relevant
Federal
regulations
40
CFR
Part
281,
Subpart
B
regarding
the
State
program
approval
process
and
any
other
relevant
UST
regulations.

(
2)
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.

(
3)
Description
of
State
Program
Sections
281.20(
b)
and
281.21
state
that
any
State
seeking
to
administer
its
own
UST
program
must
submit
in
its
application
a
description
of
the
program
the
State
plans
to
implement
in
place
of
the
Federal
program.

(
i)
Data
items:


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

­­
Regulation
is
for
UST
systems
containing
petroleum
or
hazardous
substances,
or
both;

­­
The
program
is
more
stringent
or
broader
in
scope
than
the
Federal
program,
and
in
what
ways;
and
­­
The
State
has
jurisdiction
over
Indian
lands
or
agreements
with
Indian
tribes.
Draft
Page
42

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
activity:


Prepare
and
submit
the
description
of
the
program.

(
4)
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,
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
activity:


Gather
and
submit
information
on
compliance
monitoring
and
enforcement
procedures.

(
5)
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
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.
Draft
Page
43
(
6)
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
activity:


Draft
and
submit
the
statement
from
the
Attorney
General.

(
7)
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
item:


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

(
ii)
Respondent
activities:


Research
and
gather
statutes
and
regulations;
and

Submit
copies
as
a
part
of
the
application.

Adequate
Enforcement
and
Compliance
(
1)
Reading
the
Regulations
Any
State
sharing
information
about
its
program
is
expected
to
read
the
regulations
at
40
CFR
Part
281,
Subpart
D.

(
2)
Sharing
of
Information
Draft
Page
44
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.

Approval
Procedures
(
1)
Reading
the
Regulations
Each
State
that
is
revising
its
program
is
expected
to
read
the
regulations
at
40
CFR
Part
281,
Subpart
E.

(
2)
Revision
of
Approved
State
Programs
Sections
281.52(
a)
through
(
b)
specifies
program
revision
requirements
which
may
be
initiated
by
either
the
EPA
or
the
approved
State.

(
i)
Data
items:


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

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
instructed
by
EPA.
Draft
Page
45
Withdrawal
of
Approval
of
State
Programs
(
1)
Reading
the
Regulations
Each
State
withdrawing
its
program
is
expected
to
read
the
regulations
at
40
CFR
Part
281,
Subpart
F.

(
2)
Procedures
for
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
TECHNICAL
AND
FINANCIAL
REQUIREMENTS
Most
information
required
of
UST
owners
and
operators
is
maintained
in
records
at
the
facility
and
is
only
formally
submitted
to
EPA
or
the
implementing
agency
if
requested.
This
analysis
assumes
that
the
Agency
will
spend
a
minimal
amount
of
time
reviewing
these
data
during
facility
inspections.
Draft
Page
46
This
ICR
assumes
that
EPA
or
the
implementing
agency
reviews
and
files
submitted
information,
including
notification
forms;
site,
chemical
property,
and
health
information;
information
on
suspected
releases,
spills,
or
overfills;
site
characterizations;
abatement
procedure
information;
free
product
information;
soil
and
ground
water
information;
corrective
action
plans
and
implementation
reports;
and
applicable
financial
assurance
information.
Much
of
the
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.

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
will
use
a
stateof
the­
art
telephone
system,
electronic
equipment
such
as
personal
computers,
and
applicable
database
and
modeling
software.
EPA
will
ensure
the
accuracy
and
completeness
of
the
collected
information
by
reviewing
each
submittal.
EPA
will
enter
the
information
obtained
into
a
database
and
aggregate
data
to
monitor
the
UST
program.

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.
Draft
Page
47
5(
d)
Collection
Schedule
TECHNICAL
AND
FINANCIAL
REQUIREMENTS
EPA
or
the
implementing
agency
collect
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:


One­
time
collections:
Notification
forms,
certificates
of
compliance
with
corrosion
protection
and
system
installation,
alternative
technology
information
and
demonstrations,
excavation
zone
assessments,
closure
records
or
change­
in­
service
forms.


Special
circumstance
collections:
Release
reporting
and
response
information,
including
site
information
and
characterization,
chemical
property,
and
health
information,
abatement
reports,
free
product
removal
reports,
soil
and
ground
water
investigation
information,
corrective
action
plans,
and
implementation
reports.

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
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
EPA
estimated
respondent
burden
and
cost
associated
with
all
of
the
requirements
covered
in
this
ICR
in
Exhibits
1
and
2.
Exhibit
1
covers
information
collections
related
to
UST
technical
and
financial
requirements.
Exhibit
2
covers
information
collections
associated
with
State
program
approvals.
The
exhibits
include
the
number
of
hours
required
to
conduct
each
information
collection
activity
and
the
cost
associated
with
each
requirement.
9
Note
that,
for
purposes
of
this
ICR,
States
are
considered
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
regulators
when
administering
a
regulatory
program,
e.
g.,
receiving
UST
release
reports
from
facilities.

10
EPA
obtained
the
data
from
Table
3­
2
"
Wage
Ranges
of
Average
(
Mean)
Wages
by
Occupation."
The
book
was
edited
by
Eva
Jacobs,
and
was
published
in
1998
by
Bernan
Press.

11
The
report
was
authored
by
U.
S.
EPA,
RCRA
Enforcement
Division,
Office
of
Regulatory
Enforcement,
and
was
published
in
February
1997.

12
Based
on
the
report
Estimating
Costs
for
the
Economic
Benefits
of
RCRA
Noncompliance.
The
report
was
authored
by
U.
S.
EPA,
RCRA
Enforcement
Division,
Office
of
Regulatory
Enforcement,
and
was
published
in
February
1997.

Draft
Page
48
6(
b)
Estimating
Respondent
Costs
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
Average
Hourly
Respondent
Labor
Cost,
by
Labor
Category
Respondent
Legal
Managerial
Technical
Clerical
Facilities
$
102
$
73
$
53
$
27
Contractors
Not
Applicable
$
78
$
52
$
35
States
$
102
$
73
$
53
$
27
To
obtain
hourly
labor
costs
for
facilities
and
States,
EPA
consulted
the
Handbook
of
U.
S.
Labor
Statistics,
Second
Edition,
10
and
the
EPA
report
Estimating
Costs
for
the
Economic
Benefits
of
RCRA
Noncompliance.
11
These
publications
summarize
the
unloaded
(
base)
hourly
rate
for
various
labor
categories
in
U.
S.
firms.
EPA
then
applied
an
overhead
factor
of
2.3
for
non­
legal
staff
and
3.0
for
legal
staff
to
derive
their
loaded
hourly
rates.
12
Finally,
EPA
confirmed
these
estimates
through
consultations
with
trade
associations
and
State
UST
Programs.
See
Section
3(
c)
of
this
ICR
for
a
list
of
organizations
contacted
by
EPA.

To
obtain
hourly
labor
costs
for
contractors,
EPA
consulted
with
various
contractors
and
trade
associations.
(
See
Section
3(
c)
of
this
ICR
for
a
list
of
contractors
contacted
by
EPA.)
13
The
Massachusetts'
UST
Petroleum
Product
Cleanup
Fund
was
established
by
Massachusetts
General
Law
Chapter
21J
(
MGL
c21J).
The
purpose
of
MGL
c21J
is
to
prevent
the
need
for
environmental
cleanup
actions
and
to
expedite
environmental
cleanup
actions
by
providing
partial
reimbursement
to
owners
and
operators
of
UST
systems
for
costs,
expenses,
and
other
obligations
incurred
as
a
result
of
releases
of
petroleum
products
from
USTs.

Draft
Page
49
Based
on
these
consultations,
EPA
used
the
Massachusetts'
UST
Petroleum
Product
Cleanup
Fund
Reimbursement
Fee
Schedule
to
estimate
hourly
labor
costs.
13
Note
that
contractor
labor
costs
for
legal
staff
were
not
estimated
as
no
legal
work
is
expected
to
be
performed
by
contractors.

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
either
vapor
monitoring,
ground­
water
monitoring,
or
interstitial
monitoring
methods.
These
capital
costs
are
shown
in
Exhibit
1,
and
are
further
described
in
Section
6(
d).

Operation
&
Maintenance
Costs
Operation
and
maintenance
(
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
photocopying
(
i.
e.,
$
0.10
per
page)
and
postage
(
i.
e,
$
3.00
per
submittal),
and
purchase
of
contractor
or
lab
services
(
e.
g.,
$
125
per
line
leak
detector
tests).
These
O&
M
costs
are
shown
in
Exhibits
1
and
2,
and
are
further
described
in
Section
6(
d).

6(
c)
Estimating
Agency
Burden
and
Cost
EPA
estimates
annual
Agency
burden
hours
and
costs
associated
with
all
of
the
requirements
covered
in
this
ICR
in
Exhibits
3
and
4.
Based
on
the
General
Schedule
(
GS)
Salary
Table
2000,
EPA
estimates
an
average
hourly
labor
cost
of
$
67.44
for
legal
staff
(
GS­
15,
Step
5),
$
42.80
for
managerial
staff
(
GS­
13,
Step
1),
$
30.03
for
technical
staff
(
GS­
11,
Step
1),
and
$
18.26
for
clerical
staff
(
GS­
6,
Step
1).
To
derive
these
hourly
estimates,
EPA
multiplied
the
basic
hourly
rates
by
the
standard
government
overhead
factor
of
1.6.
These
labor
rates
were
used
to
calculate
Agency
costs
associated
with
the
activities
covered
in
this
ICR,
as
shown
in
Exhibits
3
and
4.
Draft
Page
50
6(
d)
Estimating
the
Respondent
Universe
and
Total
Burden
and
Cost
Respondent
Universe
TECHNICAL
AND
FINANCIAL
REQUIREMENTS
Table
2
presents
the
estimated
UST
universe
over
the
three
years
covered
by
this
ICR.
As
shown
in
the
table,
there
will
be
an
average
of
681,667
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
35,000
USTs
and
install
an
average
of
30,000
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,
1.79
percent
of
total
facility
universe),
with
the
remainder
of
new
USTs
installed
at
existing
UST
facilities.

Table
2
Estimated
UST
Universe
Year
2002
Year
2003
Year
2004
Average
Underground
Storage
Tanks
Existing
USTs
685,000
680,000
680,000
681,667
New
USTs
installed
30,000
30,000
30,000
30,000
USTs
closed
40,000
35,000
30,000
35,000
Facilities
with
Underground
Storage
Tanksa
Existing
facilities
258,500
256,500
256,500
257,167
New
facilities
4,453
4,774
4,868
4,698
a
Number
of
facilities
was
estimated
based
on
the
assumption
that,
on
average,
there
are
2.65
USTs
per
facility.

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
three
States,
on
average,
to
seek
program
approval
each
year.
Draft
Page
51
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
During
2002
to
2004
Year
2002
Year
2003
Year
2004
State
Program
Approvals
4
3
1
3
Total
Hour
and
Cost
Burden
TECHNICAL
AND
FINANCIAL
REQUIREMENTS
40
CFR
Part
280
subjects
owners
and
operators
of
USTs
to
technical
and
financial
requirements.
Information
collecting,
reporting,
and
recordkeeping
may
be
required
on
a
onetime
on­
going,
or
special
circumstance
basis.
The
remainder
of
this
subsection
describes
how
EPA
arrived
at
each
of
the
respondent
estimates
contained
in
Exhibit
1.

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.

UST
SYSTEMS:
DESIGN,
CONSTRUCTION,
INSTALLATION,
AND
NOTIFICATION
Newly
regulated
facilities
will
read
the
design,
construction,
installation,
and
notification
regulations.
Thus,
each
year
an
average
of
4,698
facilities
will
perform
this
activity
(
see
Table
2).

EPA
expects
all
owners
and
operators
to
equip
UST
systems
with
corrosion
protection
if
these
systems
are
constructed
of
steel.
Therefore,
EPA
expects
that
no
owners
or
operators
will
have
a
corrosion
expert
assess
their
sites
or
will
have
to
maintain
records.

EPA
expects
owners
and
operators
to
prepare
and
submit
a
certificate
of
installation
and
a
notification
for
each
new
UST
system
installed.
Thus,
EPA
expects
an
average
of
30,000
notifications
each
year
will
be
submitted
(
see
Table
2).

EPA
estimates
that
approximately
five
percent
of
existing
tanks
(
i.
e.,
0.05
x
681,667
=
34,083)
have
been
upgraded
by
internal
lining.
EPA
expects
all
owners
and
operators
of
these
UST
systems
to
inspect
their
tanks
within
ten
years
after
lining
and
every
five
years
thereafter.
14
Although
section
280.21(
b)
does
not
explicitly
require
maintenance
of
inspection
records,
the
regulations
do
require
the
use
of
a
code
of
practice
developed
by
a
nationally
recognized
association
or
independent
testing
laboratory
in
order
to
comply
with
the
regulations
under
this
section.
Because
most
of
these
codes
of
practice
require
maintenance
of
inspection
records,
EPA
has
burdened
respondents
with
this
activity
in
this
ICR.
In
addition,
EPA
notes
that
the
Agency
may
use
these
inspection
records
for
enforcement
purposes.

15
Based
on
EPA's
best
professional
judgment.

Draft
Page
52
Thus,
EPA
estimates
that,
on
average,
6,817
tanks
(
i.
e.,
34,083/
5
=
6,817)
will
be
inspected
each
year
during
the
period
covered
by
this
ICR.
Owners
and
operators
of
lined
tanks
also
are
expected
to
maintain
inspection
records.
14
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
$
1,350,
which
includes
a
$
1,250
contractor
fee
for
conducting
the
inspection
and
$
100
to
cover
the
cost
of
the
tank
being
out­
of­
service
for
one
day
(
i.
e.,
lost
profit).

EPA
estimates
that
five
percent
of
USTs
(
i.
e.,
681,667
x
0.05
=
34,083
USTs)
are
sold
each
year.
Owners
and
operators
selling
an
UST
must
inform
the
buyer
of
his
or
her
notification
obligations.

GENERAL
OPERATING
REQUIREMENTS
Newly
regulated
facilities
(
4,698
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
and
once
every
three
years
thereafter.
EPA
estimates
that,
each
year,
approximately
45
percent
of
existing
and
new
USTs
(
i.
e.,
0.45
x
(
681,667
+
30,000)
=
320,250)
will
be
protected
by
cathodic
systems.
15
Thus,
EPA
estimates
that
a
total
of
106,750
activities
(
i.
e.,
320,250/
3
=
106,750)
will
be
conducted
each
year
during
the
three­
year
period
covered
by
this
ICR.

EPA
estimates
that
of
the
320,250
USTs
with
cathodic
protection,
70
percent
(
224,175
USTs)
will
be
protected
by
sacrificial
anode
cathodic
systems
and
30
percent
(
96,075
USTs)
will
be
protected
by
impressed
current
cathodic
systems.
Owners
and
operators
of
impressed
current
cathodic
systems
must
conduct
inspections
every
60
days
(
i.
e.,
six
times
per
year).
Typically
there
is
one
impressed
current
system
per
site
that
needs
to
be
inspected.
Therefore,
EPA
estimates
that
217,528
activities
(
i.
e.,
(
96,075
USTs/
2.65
USTs
per
facility)
x
6
=
217,528)
will
be
conducted
each
year.

Facilities
will
have
to
maintain
records
of
all
cathodic
protection
system
tests
conducted
16
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.

18
EPA
expects
that
owners
and
operators
of
existing
UST
facilities
have
already
read
the
release
detection
regulations
at
40
CFR
Part
280,
Subpart
D.

Draft
Page
53
over
the
three­
year
period
covered
in
this
ICR
(
i.
e.,
106,750).
16
In
addition,
facilities
with
USTs
protected
by
impressed
current
cathodic
systems
will
have
to
maintain
the
results
of
the
last
three
inspections
of
the
cathodic
protection
equipment
(
i.
e.,
(
3/
6)
x
217,528
=
108,764).
Thus,
facilities
will
have
to
maintain
a
total
of
215,514
records
(
i.
e.,
106,750
+
108,764
=
215,514)
associated
with
the
inspection
of
cathodic
protection
systems.

EPA
expects
facilities
to
incur
O&
M
costs
through
the
use
of
certified
contractors
paid
to
test
tanks'
cathodic
protection
system.
This
ICR
does
not
cover
the
capital
cost
for
purchasing
rectifiers
for
impressed
current
systems
because
such
equipment
is
purchased
as
a
standard
business
practice
to
monitor
tank
performance.

Owners
and
operators
also
are
required
to
maintain
records
for
each
repair
made
to
an
UST
system.
EPA
estimates
that
0.50
percent
of
USTs
will
be
repaired
each
year,
for
a
total
of
3,558
repairs
per
year.
EPA
believes
that
tank
owners
and
operators
will
incur
additional
O&
M
costs
for
tank
and
line
inspections
associated
with
tightness
testing.
The
O&
M
cost
for
tightness
testing
is
$
675,
which
includes
a
$
450
contractor
fee
for
performing
the
test,
$
100
to
cover
the
cost
of
the
tank
being
out­
of­
service
for
one
day
(
i.
e.,
lost
profit),
and
an
estimated
$
125
for
the
tightness
test.

[
NOTE:
Sections
280.34(
a)
and
(
b)
respectively
summarize
reporting
and
recordkeeping
requirements
for
UST
owners
and
operators
and
cross
reference
the
40
CFR
Part
280
sections
that
describe
these
requirements
in
detail.
This
ICR
burdens
these
reporting
and
recordkeeping
activities
in
each
of
the
respective
sections.]

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
4,698
owners
and
operators
of
new
UST
facilities
are
expected
to
read
the
release
detection
regulations.
18
Draft
Page
54
Since
the
methodologies
set
forth
under
inventory
control,
manual
tank
gauging,
and
automatic
tank
gauging
(
§
280.43(
a)
through
(
c))
describe
activities
that
UST
operators
perform
as
standard
business
practices,
they
are
not
burdened
in
this
ICR.
The
Agency
expects
that
all
of
the
facilities
using
inventory
control
and
facilities
using
manual
tank
gauging
with
tank
tightness
testing
will
perform
the
tank
tightness
test
every
five
years
(
i.
e.,
(
177,917
+
17,792)/
5
=
39,142).
EPA
expects
all
tanks
will
be
tested
every
five
years
because
the
1998
deadline
required
the
shutdown
of
all
tanks
for
which
annual
testing
is
required.
EPA
estimates
that
facilities
will
incur
contractor
related
O&
M
costs
of
$
550
for
the
cost
of
performing
each
tank
tightness
test.
This
O&
M
cost
includes
a
$
450
contractor
fee
for
performing
the
test
and
$
100
to
cover
the
cost
of
the
tank
being
out­
of­
service
for
one
day
(
i.
e.,
lost
profit).

Table
4
Leak
Detection
Systems
Installed
at
USTs
Draft
Page
55
Leak
Detection
System
Estimated
Percent
of
USTs
Using
Systema
Estimated
Number
of
USTs
Using
Systemb
Associated
Information
Collection
Requirement(
s)
and
Collection
Frequencies
Inventory
control
and
tightness
testing
25%
177,917
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
2.5%
17,792
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)
2.5%
17,792
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
30%
213,500
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%
35,583
Record
results
of
monthly
vapor
monitoring
[
426,996
(
i.
e.,
35,583
x
12)
activities
per
facility]

Ground­
water
monitoring
5%
35,583
Record
results
of
monthly
ground­
water
monitoring
[
426,996
(
i.
e.,
35,583
x
12)
activities
per
facility]

Interstitial
monitoring
15%
106,750
Record
results
of
monthly
interstitial
monitoring
[
1,281,000
(
i.
e.,
106,750
x
12)
activities]

Other
method
(
e.
g.
statistical
inventory
reconciliation)
15%
106,750
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).

Total
100%
711,667
Not
Applicable
a
Based
on
data
obtained
from
ten
State
databases,
recent
study
on
Hawaii's
USTs,
meetings
with
inspectors,
and
discussions
with
industry.
b
Includes
rounding
error.
19
Capital
costs
were
annualized
over
20
years
(
i.
e.,
expected
life
of
equipment)
using
OMB's
approved
annual
discount
rate
of
seven
percent.

20
Prior
to
discounting,
purchase
price
is
estimated
at
$
7,770.

21
Prior
to
discounting,
purchase
price
is
estimated
at
$
4,970.

22
Prior
to
discounting,
purchase
price
is
estimated
at
$
4,069.

23
These
data
are
based
on
historical
tank
release
records
maintained
by
EPA.

Draft
Page
56
Those
facilities
that
choose
to
comply
with
release
detection
requirements
by
using
either
vapor
monitoring,
ground­
water
monitoring,
or
interstitial
monitoring
methods
will
incur
capital
costs
for
monitoring
equipment.
19
The
cost
of
a
vapor
monitoring
system
(
control
box
with
sensors),
assuming
an
average
of
four
20­
foot
deep
wells,
amounts
to
an
estimated
$
733
per
facility.
20
The
cost
of
a
ground­
water
monitoring
system
is
estimated
at
$
469
per
facility.
21
The
cost
of
an
interstitial
monitoring
system
(
control
box
with
sensors),
including
installation
costs,
is
approximately
$
384
per
tank.
22
Maintenance
of
the
monitoring
sensors
is
not
considered
a
significant
cost
because
maintenance
of
the
sensors
is
inexpensive.

EPA
expects
that
facilities
that
use
vapor
monitoring,
ground­
water
monitoring,
or
interstitial
monitoring
will
use
these
technologies
to
detect
releases
from
piping
as
well
as
tanks.
Facilities
using
inventory
control,
manual
tank
gauging,
or
automatic
tank
gauging
are
expected
to
use
line
leak
detection
to
detect
leaks
from
piping.
Thus,
facilities
are
expected
to
conduct
an
annual
line
leak
detector
test
on
427,001
tanks
(
i.
e.,
177,917
+
17,792
+
17,792
+
213,500
=
427,001).
In
conjunction
with
line
leak
detector
tests,
EPA
estimates
facilities
will
incur
O&
M
costs
of
$
125
per
test.
The
cost
of
purchasing
line
leak
detectors
is
not
accounted
for
in
this
ICR
because
these
are
considered
a
standard
business
practice.

EPA
expects
that
owners
and
operators
of
all
261,865
UST
facilities
will
maintain
records
of
their
test
and
measurement
results
regardless
of
the
release
detection
method
used.

RELEASE
REPORTING,
INVESTIGATION,
AND
CONFIRMATION
EPA
estimates
that
each
year,
all
4,698
new
UST
owners
and
operators
will
read
the
regulations.
EPA
also
estimates
that
each
year,
9,792
owners
and
operators
will
suspect
that
a
release
has
occurred
from
one
of
their
USTs.
23
These
owners
and
operators
will
gather
information
and
submit
a
report
on
the
suspected
release.
EPA
estimates
that
80
percent
of
these
owners
or
operators
(
7,833)
will
determine
that
a
release
has
indeed
occurred.
These
owners
and
operators
also
must
report
spills
or
overfills
that
exceed
25
gallons
of
petroleum
or
the
reportable
quantity
of
hazardous
waste.
Spills
and
overfills
of
lesser
quantities
must
be
reported
if
a
facility
is
unable
to
clean
up
the
spill
within
24
hours.
EPA
estimates
that
1,000
such
spills
will
occur
each
year.
Draft
Page
57
When
characterizing
a
suspected
leak,
EPA
believes
that
facilities
will
incur
contractor­
related
O&
M
costs
associated
with
basic
soil
characterization
work
and
lab
analysis
activities.

RELEASE
RESPONSE
AND
CORRECTIVE
ACTION
FOR
UST
SYSTEMS
CONTAINING
PETROLEUM
OR
HAZARDOUS
SUBSTANCES
EPA
estimates
that
each
year
all
4,698
new
UST
owners
and
operators
will
read
the
regulations
on
release
response.
All
7,833
facilities
confirming
a
release
of
more
than
25
gallons
must
report
information
on
the
release.
These
facilities
also
must
gather
information
and
prepare
and
submit
reports
on
initial
abatement
measures
and
initial
site
characterization.
EPA
assumes
that
facilities
will
incur
O&
M
costs
in
preparing
a
summary
report
of
the
initial
abatement
steps
based
on
information
obtained
from
initial
characterization
activities.
This
activity
could
require
additional
sampling
and
analysis
depending
on
the
scope
of
the
problem.
EPA
assumes
that
facilities
will
incur
contractor­
related
O&
M
costs
in
gathering,
preparing,
and
submitting
information
for
the
initial
site
characterization,
as
this
activity
often
requires
sampling
well
borings
and
laboratory
analyses.

EPA
estimates
that
initial
investigations
at
20
percent
of
these
facilities
(
1,567
facilities)
will
determine
the
presence
of
free
product.
These
facilities
must
prepare
and
submit
a
free
product
removal
report,
thereby
incurring
contractor­
related
O&
M
costs.

EPA
also
estimates
that
initial
investigations
at
40
percent
of
facilities
with
confirmed
releases
(
3,133
facilities)
will
demonstrate
that
soil
and
ground­
water
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
30
percent
of
facilities
with
confirmed
releases
(
2,350
facilities)
will
demonstrate
that
corrective
action
is
warranted.
These
facilities
must
prepare
and
submit
a
corrective
action
plan
and
report
on
the
results
of
corrective
action
implementation.
EPA
estimates
that
ten
percent
of
these
facilities
(
235
facilities)
will
notify
the
implementing
agency
that
they
will
begin
corrective
action
before
they
receive
corrective
action
plan
approval.
The
Agency
believes
that
facilities
will
incur
contractor­
related
O&
M
costs
when
preparing
a
corrective
action
plan
and
reporting
(
quarterly)
the
results
of
a
corrective
action
implementation
plan.

OUT­
OF­
SERVICE
UST
SYSTEMS
AND
CLOSURE
EPA
estimates
that
each
year,
all
4,698
new
UST
owners
and
operators
will
read
the
outof
service
UST
systems
and
closure
regulations.
24
While
EPA
has
burdened
the
requirement
to
obtain
financial
assurance
annually,
it
is
expected
that
all
existing
UST
owners
and
operators
have
already
read
the
financial
responsibility
regulations.
Therefore,
this
ICR
burdens
only
owners
and
operators
of
new
UST
facilities
(
4,698
per
year).

Draft
Page
58
EPA
estimates
that
owners
and
operators
will
close
35,000
USTs
each
year
(
see
Table
2).
Owners
of
these
USTs
must
notify
the
implementing
agency
of
closure,
conduct
an
excavation
zone
assessment,
and
maintain
closure
records.

EPA
estimates
that
facilities
will
incur
contractor­
related
O&
M
costs
when
conducting
a
site
assessment
of
an
excavation
zone.
EPA
further
estimates
that
10
percent
of
these
facilities
will
not
be
able
to
maintain
their
records
on
site.
These
3,500
facilities
must
mail
their
closure
records
to
the
implementing
agency
each
year.

FINANCIAL
RESPONSIBILITY
EPA
estimates
that
each
year
all
4,698
new
UST
owners
and
operators
will
read
the
financial
responsibility
regulations.

40
CFR
Part
280,
Subpart
H
requires
owners
and
operators
to
demonstrate
financial
responsibility
for
taking
corrective
action
and
for
compensating
third
parties
for
bodily
injury
and
property
damage
caused
by
accidental
UST
releases.
A
current
certificate
of
financial
responsibility
must
be
maintained
at
each
site
where
USTs
are
located.
24
According
to
recent
EPA
data,
approximately
80
percent
of
UST
facilities
(
209,492
facilities)
demonstrate
financial
responsibility
through
a
State
fund
or
other
State
assurance,
with
the
remaining
20
percent
of
owners
and
operators
(
52,373
facilities)
using
one
or
more
of
the
other
mechanisms
described
in
40
CFR
Part
280,
Subpart
H.
All
261,865
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,
an
estimated
7,833
facilities
will
submit
their
records
to
EPA
or
the
implementing
agency
under
section
289.110(
b)
as
a
result
of
a
release.
EPA
also
expects
five
percent
of
the
overall
universe
of
facilities
(
13,093
facilities)
to
update
the
certification
each
year
to
reflect
changes
in
their
financial
assurance
mechanism.

EPA
estimates
that
providers
of
financial
assurance
will
cancel
or
fail
to
renew
policies
at
two
percent
of
UST
facilities
(
5,237
facilities)
each
year.
EPA
also
estimates
that
10
percent
of
those
owners
or
operators
experiencing
a
cancellation
or
non­
renewal
(
524
facilities)
will
be
unable
to
obtain
alternative
financial
coverage
within
60
days
and
will
notify
the
implementing
agency
of
such
failure.
Draft
Page
59
EPA
estimates
that
each
year
an
additional
two
percent
of
UST
facilities
(
5,237
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
(
524
facilities)
will
be
unable
to
obtain
alternative
financial
coverage
within
60
days
and
will
notify
the
implementing
agency
of
such
failure.

STATE
PROGRAM
APPROVAL
PROCEDURES
40
CFR
Part
281
outlines
procedures
that
States
must
follow
to
obtain
approval
to
implement
their
own
UST
program
in
lieu
of
the
Federal
program.
Based
on
recent
program
data,
EPA
estimates
that
approximately
nine
States
and
territories
will
apply
for
State
program
approval
over
the
next
three
years
(
i.
e.,
three
States
or
territories
per
year).

All
three
States
applying
for
State
program
approval
each
year
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.

All
approved
programs
must
maintain
files
and
current
information
on
program
administration.
Additionally
as
there
are
currently
33
approved
programs,
an
average
of
39
programs
(
i.
e,
(
37
+
40
+
41)/
3),
assuming
that
three
programs
receive
program
approval
annually)
will
maintain
files
on
program
administration.
Finally,
EPA
estimates
that
three
State
per
year
will
be
asked
to
submit
this
information.

EPA
does
not
expect
any
States
to
submit
revised
program
applications.
EPA
also
does
not
expect
any
States
to
withdraw
or
transfer
portions
of
their
programs.
Draft
Page
60
EXHIBIT
1
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
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
$
63.75
$
0.00
$
0.00
0
0
$
0
Deferred
UST
System
Installations
(
280.11(
a))

Have
a
corrosion
expert
inspect
the
site
0.00
2.00
0.00
0.00
2.00
$
146.00
$
0.00
$
400.00
0
0
$
0
Maintain
records
0.00
0.00
0.00
0.10
0.10
$
2.70
$
0.00
$
0.10
0
0
$
0
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
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
$
70.25
$
0.00
$
0.00
4,698
4,698
$
330,035
Performance
Standards
for
New
UST
Systems
­
Tanks
and
Piping
Without
Corrosion
Protection
(
280.20(
a)
and
(
b))

Have
a
corrosion
expert
inspect
the
site
­
Facility
0.00
2.00
0.00
0.00
2.00
$
146.00
$
0.00
$
400.00
0
0
$
0
Have
a
corrosion
expert
inspect
the
site
­
Contractor
0.00
4.00
22.00
11.00
37.00
$
1,841.00
$
0.00
$
0.00
0
0
$
0
Maintain
records
0.00
0.00
0.00
0.10
0.10
$
2.70
$
0.00
$
0.10
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
$
103.00
$
0.00
$
0.00
30,000
60,000
$
3,090,000
Periodic
Lining
Inspections
(
280.21)

Conduct
internal
tank
inspection
within
ten
years
after
lining
and
every
five
years
thereafter
­
Contractor
0.00
0.00
6.00
0.00
6.00
$
318.00
$
0.00
$
1,350.00
34,083
204,498
$
56,850,444
Maintain
records
0.00
0.00
0.00
0.10
0.10
$
2.70
$
0.00
$
0.10
34,083
3,408
$
95,432
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
$
26.50
$
0.00
$
3.00
30,000
15,000
$
885,000
Notify
purchaser
of
an
UST
of
owner's
notification
obligations
0.25
0.25
0.50
0.25
1.25
$
77.00
$
0.00
$
3.00
34,083
42,604
$
2,726,640
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
330,208
$
63,977,551
EXHIBIT
1
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
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
Draft
Page
61
GENERAL
OPERATING
REQUIREMENTS
Reading
the
Regulations
Read
the
regulations
0.25
0.25
0.50
0.00
1.00
$
70.25
$
0.00
$
0.00
4,698
4,698
$
330,035
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
$
15.25
$
0.00
$
244.00
106,750
26,688
$
27,674,938
Conduct
inspection
for
impressed
current
cathodic
protection
systems
every
60
days
0.00
0.10
0.15
0.00
0.25
$
15.25
$
0.00
$
0.00
217,528
54,382
$
3,317,302
Maintain
records
0.00
0.00
0.00
0.10
0.10
$
2.70
$
0.00
$
0.10
215,514
21,551
$
603,439
Maintenance
of
Repair
Records
(
280.33)

Gather
information
on
each
repair
0.00
0.00
1.00
0.00
1.00
$
53.00
$
0.00
$
0.00
3,558
3,558
$
188,574
Conduct
tightness
testing
30
days
after
repair
0.00
0.25
0.15
0.25
0.65
$
32.95
$
0.00
$
675.00
3,558
2,313
$
2,518,886
Maintain
records
0.00
0.00
0.00
0.10
0.10
$
2.70
$
0.00
$
0.10
3,558
356
$
9,962
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
113,545
$
34,643,136
RELEASE
DETECTION
Reading
the
Regulations
Read
the
regulations
0.50
0.50
1.00
0.00
2.00
$
140.50
$
0.00
$
0.00
4,698
9,396
$
660,069
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
$
13.25
$
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
$
13.50
$
0.00
$
0.00
0
0
$
0
Perform
tank
tightness
testing
0.00
0.25
0.15
0.25
0.65
$
32.95
$
0.00
$
550.00
35,583
23,129
$
20,743,343
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
$
13.50
$
0.00
$
0.00
0
0
$
0
Record
weekly
tank
liquid
level
measurements
0.00
0.00
0.00
0.05
0.05
$
1.35
$
0.00
$
0.00
0
0
$
0
EXHIBIT
1
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
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
Draft
Page
62
Perform
tank
tightness
testing
0.00
0.25
0.15
0.25
0.65
$
32.95
$
0.00
$
550.00
3,558
2,313
$
2,074,311
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
$
13.50
$
0.00
$
0.00
0
0
$
0
Record
weekly
tank
liquid
level
measurements
0.00
0.00
0.00
0.05
0.05
$
1.35
$
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
$
2.65
$
0.00
$
0.00
0
0
$
0
Record
daily
inventory
volume
measurements
0.00
0.00
0.02
0.00
0.02
$
1.06
$
0.00
$
0.00
0
0
$
0
Vapor
Monitoring
Record
results
of
monthly
vapor
monitoring
0.00
0.00
0.05
0.00
0.05
$
2.65
$
733.00
$
0.00
426,996
21,350
$
10,973,931
Ground­
Water
Monitoring
Record
results
of
monthly
ground­
water
monitoring
0.00
0.00
0.05
0.00
0.05
$
2.65
$
469.00
$
0.00
426,996
21,350
$
7,429,059
Interstitial
Monitoring
Record
results
of
monthly
interstitial
monitoring
0.00
0.00
0.05
0.00
0.05
$
2.65
$
384.00
$
0.00
1,281,000
64,050
$
44,386,650
Alternative
Technology
Prepare
and
submit
a
demonstration
of
the
effectiveness
of
an
alternative
technology
0.00
2.00
8.00
1.00
11.00
$
597.00
$
0.00
$
3.00
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
$
13.25
$
0.00
$
125.00
427,001
106,750
$
59,032,888
Record
results
of
annual
line
leak
detection
test
0.00
0.00
0.05
0.00
0.05
$
2.65
$
0.00
$
0.00
427,001
21,350
$
1,131,553
Release
Detection
Recordkeeping
(
280.45)

Maintain
records
for
specified
time
periods
0.00
0.00
0.00
1.00
1.00
$
27.00
$
0.00
$
0.00
261,865
261,865
$
7,070,355
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
531,553
$
153,502,159
EXHIBIT
1
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
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
Draft
Page
63
RELEASE
REPORTING,
INVESTIGATION,
AND
CONFIRMATION
Reading
the
Regulations
Read
the
regulations
0.25
0.25
0.50
0.00
1.00
$
70.25
$
0.00
$
0.00
4,698
4,698
$
330,035
Reporting
of
Suspected
Releases
(
280.50)

Gather
information
­
Facility
0.00
1.00
4.00
0.00
5.00
$
285.00
$
0.00
$
2,544.00
9,792
48,960
$
27,701,568
Gather
information
­
Contractor
0.00
5.00
31.00
15.00
51.00
$
2,527.00
$
0.00
$
0.00
9,792
499,392
$
24,744,384
Report
the
suspected
release
0.00
0.25
0.00
0.00
0.25
$
18.25
$
0.00
$
3.00
9,792
2,448
$
208,080
Reporting
and
Cleanup
of
Spills
and
Overfills
(
280.53)

Report
fill
or
overfill
within
24
hours
if
over
25
gallons
or
the
reportable
quantity
0.00
0.50
0.00
0.00
0.50
$
36.50
$
0.00
$
3.00
7,833
3,917
$
309,404
Notify
the
implementing
agency
if
unable
to
cleanup
a
spill
less
than
25
gallons
or
the
reportable
quantity
0.00
0.50
0.00
0.00
0.50
$
36.50
$
0.00
$
3.00
1,000
500
$
39,500
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
559,915
$
53,332,970
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
$
140.50
$
0.00
$
0.00
4,698
9,396
$
660,069
Initial
Response
(
280.61(
a))

Report
the
confirmed
release
by
telephone
or
electronic
mail
0.00
0.50
0.50
0.00
1.00
$
63.00
$
0.00
$
0.00
7,833
7,833
$
493,479
Initial
Abatement
Measures
Report
and
Site
Check
(
280.62(
a)
and
(
b))

Gather
information
during
initial
abatement
0.00
3.00
1.00
0.00
4.00
$
272.00
$
0.00
$
777.18
7,833
31,332
$
8,218,227
Prepare
and
submit
summary
report
of
initial
abatement
steps
­
Facility
0.50
1.50
1.00
0.00
3.00
$
213.50
$
0.00
$
317.52
7,833
23,499
$
4,159,480
Prepare
and
submit
summary
report
of
initial
abatement
steps
­
Contractor
0.00
4.00
27.00
13.00
44.00
$
2,171.00
$
0.00
$
0.00
7,833
344,652
$
17,005,443
Initial
Site
Characterization
(
280.63)

Gather
information
for
initial
site
characterization
­

Facility
0.00
6.00
1.00
0.00
7.00
$
491.00
$
0.00
$
3,005.71
7,833
54,831
$
27,389,729
Gather
information
for
initial
site
characterization
­

Contractor
0.00
9.00
54.00
27.00
90.00
$
4,455.00
$
0.00
$
0.00
7,833
704,970
$
34,896,015
EXHIBIT
1
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
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
Draft
Page
64
Prepare
and
submit
information
per
instructions
0.50
1.50
1.00
0.00
3.00
$
213.50
$
0.00
$
417.96
7,833
23,499
$
4,946,226
Free
Product
Removal
(
280.64)

Gather
information
for
free
product
removal
report
­

Facility
0.00
1.50
3.25
0.00
4.75
$
281.75
$
0.00
$
368.50
1,567
7,443
$
1,018,942
Gather
information
for
free
product
removal
report
­

Contractor
0.00
6.00
38.00
19.00
63.00
$
3,109.00
$
0.00
$
0.00
1,567
98,721
$
4,871,803
Prepare
and
submit
report
0.50
1.00
0.00
0.00
1.50
$
124.00
$
0.00
$
125.50
1,567
2,351
$
390,967
Investigations
for
Soil
and
Groundwater
Cleanup
(
280.65)

Gather
information
for
investigation
report
­
Facility
0.00
2.00
0.00
0.00
2.00
$
146.00
$
0.00
$
2,859.36
3,133
6,266
$
9,415,793
Gather
information
for
investigation
report
­
Contractor
0.00
10.00
61.00
31.00
102.00
$
5,037.00
$
0.00
$
0.00
3,133
319,566
$
15,780,921
Submit
collected
information
0.50
0.75
0.00
0.00
1.25
$
105.75
$
0.00
$
371.11
3,133
3,916
$
1,494,002
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
$
368.25
$
0.00
$
922.00
2,350
9,988
$
3,032,088
Prepare
and
submit
corrective
action
plan
or
additional
information
­
Contractor
0.00
13.00
78.00
39.00
130.00
$
6,435.00
$
0.00
$
0.00
2,350
305,500
$
15,122,250
Notify
implementing
agency
of
early
cleanup
0.00
0.50
0.00
0.00
0.50
$
36.50
$
0.00
$
3.00
235
118
$
9,283
Report
results
of
implementing
plan
­
Facility
2.00
2.75
0.00
0.00
4.75
$
404.75
$
0.00
$
667.00
2,350
11,163
$
2,518,613
Report
results
of
implementing
plan
­
Contractor
0.00
6.00
37.00
19.00
62.00
$
3,057.00
$
0.00
$
0.00
2,350
145,700
$
7,183,950
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
2,110,743
$
158,607,278
OUT­
OF­
SERVICE
UST
SYSTEMS
AND
CLOSURE
Reading
the
Regulations
Read
the
regulations
0.25
0.25
0.50
0.00
1.00
$
70.25
$
0.00
$
0.00
4,698
4,698
$
330,035
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
$
18.25
$
0.00
$
3.00
35,000
8,750
$
743,750
Conduct
site
assessment
of
excavation
zone
­
Facility
0.00
2.75
0.00
0.00
2.75
$
200.75
$
0.00
$
2,333.00
35,000
96,250
$
88,681,250
Conduct
site
assessment
of
excavation
zone
­
Contr.
0.00
6.00
37.00
18.00
61.00
$
3,022.00
$
0.00
$
0.00
35,000
2,135,000
$
105,770,000
EXHIBIT
1
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
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
Draft
Page
65
Closure
Records
(
280.74)

Maintain
records
after
permanent
closure
or
change­

inservice
for
at
least
three
years
0.00
0.00
0.00
0.10
0.10
$
2.70
$
0.00
$
0.10
35,000
3,500
$
98,000
Mail
records
to
implementing
agency
if
they
cannot
be
maintained
on
site
0.00
0.00
0.00
0.50
0.50
$
13.50
$
0.00
$
3.00
3,500
1,750
$
57,750
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
2,249,948
$
195,680,785
FINANCIAL
RESPONSIBILITY
Reading
the
Regulations
Read
the
regulations
0.50
0.50
1.00
0.00
2.00
$
140.50
$
0.00
$
0.00
4,698
9,396
$
660,069
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
$
58.75
$
0.00
$
3.00
5,237
5,237
$
323,385
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
$
96.25
$
0.00
$
3.00
524
917
$
52,007
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
$
6.75
$
0.00
$
3.00
7,833
1,958
$
76,372
Recordkeeping
(
280.111)

Obtain
and
keep
on
file
proof
of
financial
responsibility
0.00
0.00
0.25
0.10
0.35
$
15.95
$
0.00
$
0.10
261,865
91,653
$
4,202,933
Update
certification
if
financial
assurance
mechanism
is
modified
0.00
0.00
0.50
0.25
0.75
$
33.25
$
0.00
$
0.00
13,093
9,820
$
435,342
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
$
102.50
$
0.00
$
3.00
5,237
7,856
$
552,504
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
$
96.25
$
0.00
$
3.00
524
917
$
52,007
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
127,753
$
6,354,619
TOTAL
varies
varies
varies
varies
varies
varies
varies
varies
varies
6,023,665
$
666,098,497
Draft
Page
66
EXHIBIT
2
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
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/
Cost
per
Cost/
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
4.00
8.00
0.00
16.00
$
1,124.00
$
0.00
$
0.00
3
48
$
3,372
Transmittal
Letter
(
281.20(
a))

Obtain
a
transmittal
letter
from
the
Governor's
office
1.00
1.00
2.00
1.00
5.00
$
308.00
$
0.00
$
0.00
3
15
$
924
Submit
letter
to
implementing
agency
0.00
0.00
0.00
0.10
0.10
$
2.70
$
0.00
$
3.00
3
0.30
$
17
Description
of
State
Program
(
281.20(
b)
and
2801.21)

Prepare
and
submit
description
of
state
program
6.00
10.00
30.00
0.00
46.00
$
2,932.00
$
0.00
$
3.00
3
138
$
8,805
Procedures
for
Adequate
Enforcement
(
281.22
and
281.20(
c))

Gather
and
submit
information
on
compliance
monitoring
and
enforcement
procedures
3.00
4.00
30.00
5.00
42.00
$
2,323.00
$
0.00
$
3.00
3
126
$
6,978
Memorandum
of
Agreement
(
281.24
and
381.20(
e))

Negotiate
an
MOA
with
EPA
10.00
6.00
15.00
5.00
36.00
$
2,388.00
$
0.00
$
0.00
3
108
$
7,164
Prepare
and
submit
written
MOA
with
application
4.00
6.00
8.00
2.00
20.00
$
1,324.00
$
0.00
$
3.00
3
60
$
3,981
Attorney
General's
Statement
(
281.25
and
2801.20(
f))

Draft
and
submit
statement
from
Attorney
General
47.00
9.00
18.00
8.00
82.00
$
6,621.00
$
0.00
$
3.00
3
246
$
19,872
Copies
of
Statutes
and
Regulations
(
281.20(
g))

Research
and
gather
statutes
and
regulations
4.00
0.00
4.00
16.00
24.00
$
1,052.00
$
0.00
$
0.00
3
72
$
3,156
Submit
copies
as
a
part
of
the
application
to
EPA
0.00
0.00
0.00
0.10
0.10
$
2.70
$
0.00
$
3.00
3
0.30
$
17
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
814
$
54,286
ADEQUATE
ENFORCEMENT
AND
COMPLIANCE
Reading
the
Regulations
Read
the
regulations
1.00
1.00
2.00
0.00
4.00
$
281.00
$
0.00
$
0.00
3
12
$
843
Sharing
of
Information
(
281.43(
a))

Maintain
files
and
current
information
on
program
administration
0.00
0.00
3.00
24.00
27.00
$
807.00
$
0.00
$
0.00
39
1,053
$
31,473
Submit
information
to
EPA,
if
requested
0.00
0.00
0.00
0.10
0.10
$
2.70
$
0.00
$
3.00
1
0.10
$
6
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
1,065
$
32,322
EXHIBIT
2
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
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/
Cost
per
Cost/
or
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Hours
Hours
Hours
Hours
Activity
Activity
Activity
Activity
Activ.
Year
Year
Draft
Page
67
APPROVAL
PROCEDURES
Reading
the
Regulations
Read
the
regulations
1.00
1.00
2.00
0.00
4.00
$
281.00
$
0.00
$
0.00
0
0
$
0
Revision
of
Approved
State
Programs
(
281.52(
a)­(
b))

Collect
and
submit
information
on
changes
in
regulations
or
shifts
in
responsibilities
2.00
5.00
10.00
5.00
22.00
$
1,234.00
$
0.00
$
3.00
0
0
$
0
Prepare
and
submit
revised
application,

if
requested
by
EPA
25.00
10.00
35.00
12.00
82.00
$
5,459.00
$
0.00
$
3.00
0
0
$
0
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
0
$
0
WITHDRAWAL
OF
APPROVAL
OF
STATE
PROGRAMS
Reading
the
Regulations
Read
the
regulations
1.00
1.00
2.00
0.00
4.00
$
281.00
$
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
$
1,414.00
$
0.00
$
0.00
0
0
$
0
Prepare
and
submit
transfer
notification
0.00
0.50
1.00
1.00
2.50
$
116.50
$
0.00
$
3.00
0
0
$
0
Develop
and
submit
plan
for
information
transfer
at
least
90
days
before
the
transfer
2.00
4.00
8.00
2.00
16.00
$
974.00
$
0.00
$
3.00
0
0
$
0
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
0
$
0
TOTAL
varies
varies
varies
varies
varies
varies
varies
varies
varies
1,879
$
86,608
Draft
Page
68
EXHIBIT
3
ANNUAL
ESTIMATED
AGENCY
BURDEN
AND
COST
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
INFORMATION
COLLECTION
Legal
Managerial
Technical
Clerical
Hours/
Cost/
Cost
Cost
or
Hours/
Cost/

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
$
19.58
$
0.00
$
0.00
30,000
22,500
$
587,400
Enter
information
into
a
database
0.00
0.00
0.00
0.10
0.10
$
1.83
$
0.00
$
0.00
30,000
3,000
$
54,900
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
25,500
$
642,300
RELEASE
DETECTION
Review
demonstration
of
the
effectiveness
of
an
alternative
method
of
release
detection
for
piping
0.00
2.00
8.00
0.00
10.00
$
325.84
$
0.00
$
0.00
0
0
$
0
Review
demonstration
of
the
effectiveness
of
an
alternative
method
of
release
detection
for
tanks
0.00
2.00
8.00
0.00
10.00
$
325.84
$
0.00
$
0.00
0
0
$
0
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
0
$
0
RELEASE
REPORTING,
INVESTIGATION,
AND
CONFIRMATION
Review
and
file
information
on
suspected
releases
0.00
0.50
2.00
0.50
3.00
$
90.59
$
0.00
$
0.00
9,792
29,376
$
887,057
Enter
information
into
a
database
0.00
0.00
0.00
0.10
0.10
$
1.83
$
0.00
$
0.00
9,792
979
$
17,919
Review
and
file
information
on
major
spills
and
overfills
over
25
gallons
or
the
reportable
quantity
0.00
0.50
2.00
0.50
3.00
$
90.59
$
0.00
$
0.00
7,833
23,499
$
709,591
Enter
information
into
a
database
0.00
0.00
0.00
0.10
0.10
$
1.83
$
0.00
$
0.00
7,833
783
$
14,334
Review
and
file
information
on
minor
spills
and
overfills
under
25
gallons
or
the
reportable
quantity
that
could
not
be
cleaned
up
within
24
hours
of
the
occurrence
0.00
0.25
1.00
0.25
1.5
$
45.30
$
0.00
$
0.00
1,000
1,500
$
45,300
Enter
information
into
a
database
0.00
0.00
0.00
0.10
0.10
$
1.83
$
0.00
$
0.00
1,000
100
$
1,830
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
56,238
$
1,676,031
EXHIBIT
3
ANNUAL
ESTIMATED
AGENCY
BURDEN
AND
COST
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
INFORMATION
COLLECTION
Legal
Managerial
Technical
Clerical
Hours/
Cost/
Cost
Cost
or
Hours/
Cost/

ACTIVITY
Hours
Hours
Hours
Hours
Activity
Activity
Activity
Activity
Activ.
Year
Year
Draft
Page
69
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
$
15.02
$
0.00
$
0.00
7,833
3,917
$
117,652
Enter
information
into
a
data
base
0.00
0.00
0.00
0.50
0.50
$
9.13
$
0.00
$
0.00
7,833
3,917
$
71,515
Review
and
file
summary
report
of
initial
abatement
measures
0.00
1.00
4.00
0.25
5.25
$
167.49
$
0.00
$
0.00
7,833
41,123
$
1,311,949
Review
and
file
information
on
initial
site
characterization
0.00
1.00
4.00
0.25
5.25
$
167.49
$
0.00
$
0.00
7,833
41,123
$
1,311,949
Enter
information
into
a
database
0.00
0.00
0.00
0.25
0.25
$
4.57
$
0.00
$
0.00
7,833
1,958
$
35,797
Review
and
file
free
product
removal
report
0.00
1.00
4.00
0.25
5.25
$
167.49
$
0.00
$
0.00
1,567
8,227
$
262,457
Enter
information
into
a
database
0.00
0.00
0.00
0.10
0.10
$
1.83
$
0.00
$
0.00
1,567
157
$
2,868
Review
and
file
soil
and
groundwater
investigation
report
0.00
1.00
4.00
0.25
5.25
$
167.49
$
0.00
$
0.00
3,133
16,448
$
524,746
Enter
information
into
a
database
0.00
0.00
0.00
0.25
0.25
$
4.57
$
0.00
$
0.00
3,133
783
$
14,318
Review
and
file
corrective
action
plan
1.00
2.00
8.00
0.25
11.25
$
397.85
$
0.00
$
0.00
2,350
26,438
$
934,948
Notify
public
of
the
release
and
the
corrective
action
plan
through
an
appropriate
means
0.00
0.00
1.00
0.25
1.25
$
34.60
$
0.00
$
0.00
2,350
2,938
$
81,310
Hold
a
public
hearing
and
consider
comments
on
the
proposed
corrective
action
plan
0.00
2.00
8.00
0.00
10.00
$
325.84
$
0.00
$
0.00
2,350
23,500
$
765,724
Notify
the
owner
or
operator
whether
plan
is
approved
or
disapproved
0.00
0.25
0.00
0.25
0.50
$
15.27
$
0.00
$
3.00
2,350
1,175
$
42,935
Review
and
file
the
report
on
results
of
implementing
the
plan
2.00
4.00
16.00
0.25
22.25
$
791.13
$
0.00
$
0.00
2,350
52,288
$
1,859,156
Give
public
notice
if
the
approved
plan
fails
to
achieve
established
cleanup
levels,
and
termination
of
plan
is
being
considered
(
failure
rate
of
5%)
0.00
0.00
1.00
0.25
1.25
$
34.60
$
0.00
$
0.00
118
148
$
4,083
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
224,138
$
7,341,407
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
$
19.58
$
0.00
$
0.00
35,000
26,250
$
685,300
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
26,250
$
685,300
EXHIBIT
3
ANNUAL
ESTIMATED
AGENCY
BURDEN
AND
COST
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
INFORMATION
COLLECTION
Legal
Managerial
Technical
Clerical
Hours/
Cost/
Cost
Cost
or
Hours/
Cost/

ACTIVITY
Hours
Hours
Hours
Hours
Activity
Activity
Activity
Activity
Activ.
Year
Year
Draft
Page
70
FINANCIAL
RESPONSIBILITY
Review
and
file
submitted
financial
assurance
information
0.00
0.00
0.50
0.25
0.75
$
19.58
$
0.00
$
0.00
7,833
5,875
$
153,370
Enter
financial
assurance
information
into
a
database
0.00
0.00
0.00
0.10
0.10
$
1.83
$
0.00
$
0.00
7,833
783
$
14,334
Notify
owners
or
operators
if
they
no
longer
meet
financial
assurance
responsibilities
0.00
0.25
0.00
0.25
0.50
$
15.27
$
0.00
$
3.00
5,237
2,619
$
95,680
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
$
45.30
$
0.00
$
0.00
524
786
$
23,737
Review
and
file
notification
of
commencement
of
bankruptcy
procedures
0.00
0.25
1.00
0.25
1.50
$
45.30
$
0.00
$
0.00
5,237
7,856
$
237,236
Review
and
file
notification
of
failure
to
obtain
alternative
financial
assurance
due
to
bankruptcy
0.00
0.25
1.00
0.25
1.50
$
45.30
$
0.00
$
0.00
524
786
$
23,737
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
18,704
$
548,094
TOTAL
varies
varies
varies
varies
varies
varies
varies
varies
varies
350,829
$
10,893,132
Draft
Page
71
EXHIBIT
4
ANNUAL
ESTIMATED
AGENCY
BURDEN
AND
COST
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
INFORMATION
COLLECTION
ACTIVITY
Legal
Managerial
Technical
Clerical
Hours/
Cost/
Cost
Cost
or
Hours/
Cost/

Hours
Hours
Hours
Hours
Activity
Activity
Activity
Activity
Activ.
Year
Year
APPROVAL
PROCEDURES
Examine
state
program
application
and
notify
the
state
whether
the
application
is
complete
0.00
1.00
4.00
0.00
5.00
$
162.92
$
0.00
$
0.00
3
15
$
489
Review
the
complete
state
program
application
and
tentatively
determine
approval
or
disapproval
for
a
state
program
8.00
16.00
40.00
0.00
64.00
$
2,425.52
$
0.00
$
0.00
3
192
$
7,277
Issue
public
notice
of
the
tentative
decision
0.00
0.50
0.00
0.25
0.75
$
25.97
$
0.00
$
0.00
3
2.25
$
78
Receive
and
review
public
comments
0.00
1.00
4.00
0.00
5.00
$
162.92
$
0.00
$
0.00
3
15
$
489
Conduct
public
hearing,
if
necessary
0.00
2.00
2.00
0.00
4.00
$
145.66
$
0.00
$
0.00
3
12
$
437
Make
a
final
decision
on
approval
or
disapproval
for
a
state
program
0.00
1.00
4.00
0.00
5.00
$
162.92
$
0.00
$
0.00
3
15
$
489
Issue
notice
of
the
final
decision
0.00
0.50
0.00
0.25
0.75
$
25.97
$
0.00
$
0.00
3
2.25
$
78
Review
the
revision
of
approved
state
program
and
tentatively
determine
approval
or
disapproval
2.00
4.00
10.00
0.00
16.00
$
606.38
$
0.00
$
0.00
0
0
$
0
Issue
public
notice
of
the
tentative
decision
0.00
0.50
0.00
0.25
0.75
$
25.97
$
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
$
167.49
$
0.00
$
3.00
0
0
$
0
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
254
$
9,337
WITHDRAWAL
OF
APPROVAL
OF
STATE
PROGRAMS
Review
and
file
transfer
notification
and
plan
1.00
2.00
8.00
0.25
11.25
$
397.85
$
0.00
$
0.00
0
0
$
0
Publish
notice
of
the
transfer
0.00
0.50
0.00
0.25
0.75
$
25.97
$
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
$
786.56
$
0.00
$
0.00
0
0
$
0
Subtotal
varies
varies
varies
varies
varies
varies
varies
varies
varies
0
$
0
TOTAL
varies
varies
varies
varies
varies
varies
varies
varies
varies
254
$
9,337
Draft
Page
72
6(
e)
Bottom
Line
Burden
and
Costs
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).
As
shown
in
the
exhibit,
EPA
estimates
the
annual
respondent
burden
to
be
approximately
6.03
million
hours
and
$
666.19
million.
The
bottom
line
burden
to
respondents
over
three
years
is
estimated
to
be
approximately
18.09
million
hours
and
$
1,998.57
million.

EXHIBIT
5
TOTAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
SUMMARY
Total
Capital/
Total
INFORMATION
Hours/
Labor
Startup
O
&
M
Cost/
COLLECTION
ACTIVITY
Year
Cost
Cost
Cost
Year
Technical
and
Financial
Requirements
6,023,665
$
302,537,879
$
57,131,192
$
306,428,707
$
666,098,497
State
Program
Approval
1,879
$
86,551
$
0
$
57
$
86,608
TOTAL
6,025,543
$
302,624,430
$
57,131,912
$
306,428,764
$
666,185,105
Agency
Tally
Exhibit
6
summarizes
the
estimated
burden
to
EPA.
As
shown
in
the
exhibit,
EPA
estimates
that
the
annual
Agency
burden
is
approximately
0.35
million
hours
and
$
10.90
million.
The
bottom
line
burden
to
the
Agency
over
three
years
is
estimated
to
be
approximately
1.05
million
hours
and
$
32.70
million.

EXHIBIT
6
TOTAL
ESTIMATED
AGENCY
BURDEN
AND
COST
SUMMARY
Total
Capital/
Total
INFORMATION
Hours/
Labor
Startup
O
&
M
Cost/
COLLECTION
ACTIVITY
Year
Cost
Cost
Cost
Year
Technical
and
Financial
Requirements
350,829
$
10,228,071
$
0
$
22,761
$
10,893,132
State
Program
Approval
254
$
9,337
$
0
$
0
$
9,337
TOTAL
351,083
$
10,237,408
$
0
$
22,761
$
10,902,469
Draft
Page
73
6(
f)
Reasons
for
Change
in
Burden
This
ICR
is
a
comprehensive
description
of
the
total
respondent
burden
for
all
information
collection
activities
related
to
the
UST
program.
EPA
has
revised
its
respondent
universe
and
burden
estimates
based
on
updated
data
from
OUST
and
industry
sources.
Because
of
these
revisions,
the
total
annual
burden
to
respondents
has
decreased
from
the
previous
ICR
(
6.25
million
hours
per
year)
by
approximately
0.22
million
hours
annually
to
6.03
million
hours.
TECHNICAL
AND
FINANCIAL
REQUIREMENTS
In
modifying
hourly
respondent
labor
costs
and
technical
and
financial
burden
estimates
under
this
ICR,
EPA
ensured
that
all
respondent
activities
were
covered
by
this
ICR,
including
the
development
and
gathering
of
information,
not
only
information
reporting
and
recordkeeping.
EPA
also
conducted
consultations
with
trade
associations
and
contractors
(
see
section
3(
b)
of
this
ICR).
Based
on
these
consultations,
EPA
increased
the
labor
burden
associated
with
many
activities
associated
with
the
use
and
management
of
USTs,
adjusted
the
labor
rates
for
facilities
and
contractors,
and
added
capital
and
O&
M
costs
to
various
activities
covered
in
the
ICR.
EPA
believes
that
the
revised
burden
reflects
a
more
comprehensive
and,
therefore,
more
accurate
portrait
of
the
existing
burden
on
the
regulated
community.

STATE
PROGRAM
APPROVAL
PROCEDURES
For
State
program
approval
procedures,
this
ICR
estimates
that
the
annual
respondent
burden
will
decrease
slightly
over
the
previous
ICR.
This
increase
has
resulted,
in
part,
from
the
smaller
number
of
States
that
are
expected
to
apply
for
State
program
approval.
(
The
previous
ICR
estimated
that
four
States
would
apply
for
program
approval
each
year,
while
this
ICR
estimates
that
three
States
will
submit
State
program
materials
each
year).
In
addition,
EPA
revised
its
burden
estimates
based
on
several
years
of
program
experience
and
on
input
from
State
program
officials.
EPA
believes
that
these
changes
resulted
in
a
more
accurate
reflection
of
the
burden
placed
on
the
State
programs
by
the
SPA
process.

6(
g)
Burden
Statement
Exhibit
7
presents
the
average
annual
respondent
hourly
burden
for
each
UST
facility
and
for
each
State
applying
for
program
approval.
As
shown
in
the
exhibit,
for
UST
facilities,
the
total
hourly
burden
for
conducting
the
activities
covered
in
this
ICR
is
estimated
to
average
approximately
23
hours
per
respondent
annually.
The
reporting
burden
is
estimated
to
average
11
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
12
hours
per
respondent
per
year.
This
estimate
includes
time
for
gathering
information
and
for
developing
and
maintaining
records.
Draft
Page
74
EXHIBIT
7
TOTAL
AVERAGE
RESPONDENT
BURDEN
INFORMATION
COLLECTION
ACTIVITY
Average
Reporting
Burden
(
Hours)
Average
Recordkeeping
Burden
(
Hours)
Total
Average
Burden
(
Hours)

Technical
and
Financial
Requirements
10.91
11.69
22.60
State
Program
Approval
19.63
28.54
48.17
For
States
applying
for
program
approval,
the
total
hourly
burden
is
estimated
to
average
approximately
48
hours
per
State
annually.
The
reporting
burden
is
estimated
to
average
20
hours
per
respondent
per
year.
This
estimate
includes
time
for
preparing
and
submitting
an
application
and
associated
information.
The
recordkeeping
burden
is
estimated
to
be
28
hours
per
respondent
per
year.
This
estimate
includes
time
for
maintaining
application
files.

Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
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.

Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
the
Director,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
2822),
1200
Pennsylvania
Ave.,
NW,
Washington,
D.
C.
20460;
and
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Officer
for
EPA.
Include
the
EPA
ICR
number
and
OMB
control
number
in
any
correspondence.
