  SEQ CHAPTER \h \r 1 SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 1360.08

“UNDERGROUND STORAGE TANKS:  TECHNICAL AND FINANCIAL

REQUIREMENTS, AND STATE PROGRAM APPROVAL PROCEDURES”

October 24, 2007TABLE OF CONTENTS

  TOC \f \* MERGEFORMAT \l "1-2"  1.	IDENTIFICATION OF THE INFORMATION
COLLECTION	  PAGEREF _Toc66179279 \h  1 

1(a)	Title and Number of the Information Collection	  PAGEREF
_Toc66179280 \h  1 

1(b)	Short Characterization	  PAGEREF _Toc66179281 \h  1 

2.	NEED FOR AND USE OF THE COLLECTION	  PAGEREF _Toc66179282 \h  6 

2(a)	Need and Authority for the Collection	  PAGEREF _Toc66179283 \h  6 

2(b)	Practical Utility and Users of the Data	  PAGEREF _Toc66179284 \h 
7 

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA	 
PAGEREF _Toc66179285 \h  8 

3(a)	Nonduplication	  PAGEREF _Toc66179286 \h  8 

3(b)	Public Notice	  PAGEREF _Toc66179287 \h  8 

3(c)	Consultations	  PAGEREF _Toc66179288 \h  8 

3(d)	Effects of less Frequent Collection	  PAGEREF _Toc66179289 \h  9 

3(e)	General Guidelines	  PAGEREF _Toc66179290 \h  9 

3(f)	Confidentiality	  PAGEREF _Toc66179291 \h  9 

3(g)	Sensitive Questions	  PAGEREF _Toc66179292 \h  9 

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED	  PAGEREF _Toc66179293
\h  9 

4(a)	Respondents and SIC/NAICS Codes	  PAGEREF _Toc66179294 \h  9 

4(b)	Information Requested	  PAGEREF _Toc66179295 \h  12 

5.	THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT	  PAGEREF _Toc66179296 \h  45 

5(a)	Agency Activities	  PAGEREF _Toc66179297 \h  45 

5(b)	Collection Methodology and Management	  PAGEREF _Toc66179298 \h  46


5(c)	Small Entity Flexibility	  PAGEREF _Toc66179299 \h  46 

5(d)	Collection Schedule	  PAGEREF _Toc66179300 \h  46 

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION	  PAGEREF
_Toc66179301 \h  47 

6(a)	Estimating Respondent Hours	  PAGEREF _Toc66179302 \h  47 

6(b)	Estimating Respondent Costs	  PAGEREF _Toc66179303 \h  47 

6(c)	Estimating Agency Hour and Cost Burden	  PAGEREF _Toc66179304 \h 
50 

6(d)	Estimating the Respondent Universe and Total Hour and Cost Burden	 
PAGEREF _Toc66179305 \h  50 

6(e)	Bottom Line Hour and Cost Burden	  PAGEREF _Toc66179306 \h  72 

6(f)	Reasons for Change in Burden	  PAGEREF _Toc66179307 \h  73 

6(g)	Burden Statement	  PAGEREF _Toc66179308 \h  73 

 

1.	IDENTIFICATION OF THE INFORMATION COLLECTION  TC \l1 "

1.	IDENTIFICATION OF THE INFORMATION COLLECTION 

1(a)	Title and Number of the Information Collection  TC \l2 "1(a)	Title
and Number of the Information Collection 

	Underground Storage Tanks: Technical and Financial Requirements, and
State Program Approval Procedures, EPA ICR Number 1360.08.

1(b)	Short Characterization   TC \l2 "1(b)	Short Characterization  

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

	This ICR examines the UST information collection requirements at 40 CFR
Parts 280 and 281.  Sections 1 through 5 of the ICR describe the
information collection requirements (e.g., in regard to need and use of
the information collected).  Section 6 estimates the annual hour and
cost burden to respondents and the Agency under these requirements.  The
ICR presents all 40 CFR Part 280 requirements under the heading
“Technical and Financial Requirements” and all 40 CFR Part 281
requirements under the heading “State Program
A灰潲慶⁬牐捯摥牵獥鐮഍ㄨ 吉捥湨捩污愠摮䘠湩湡
楣污删煥極敲敭瑮൳ऍ敓瑣潩獮㤠〰ⰲ㤠〰ⰳ愠摮㤠〰
‴景删剃⁁灳捥晩⁹瑳瑡瑵牯⁹敲畱物浥湥獴映牯渠睥
愠摮攠楸瑳湩⁧慴歮⹳†畓瑢瑩敬䤠搠物捥獴䔠䅐琠⁯
敤敶潬⁰数晲牯慭据⁥瑳湡慤摲⁳潣敶楲杮琠敨映汯潬
楷杮ഺ

	Program scope and interim prohibition;

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

	General operating requirements;

	Release detection;  

	Release reporting, investigation, and confirmation;

	Release response and corrective action for UST systems containing
petroleum or hazardous substances;

	Out-of-service UST systems and closure; and

	Financial responsibility.

	The technical and financial 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.

   

(a)  	Program Scope and Interim Prohibition

	 EPA promulgated requirements for deferred UST systems at 40 CFR Part
280, Subpart A.  Section 280.11 specifies design requirements for UST
systems that are not otherwise subject to the 40 CFR Part 280
regulations.  These deferred UST systems must have corrosion protection
unless a corrosion expert determines the site not to be corrosive enough
to cause the UST system to have a release due to corrosion during its
operating life.  The information collection requirements associated with
this siting prohibition are contained at 40 CFR 280.11(a) and (b). 

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

	EPA promulgated the performance standards for new and existing UST
systems at 40 CFR Part 280, Subpart B.  Sections 280.20(a), (b), and (e)
and 280.22 prohibit installation of tanks without corrosion protection
unless a corrosion expert has determined that the site not to be
corrosive enough to cause the UST system to have a release due to
corrosion during its operating life.  Owners and operators must install
systems properly, complete and submit certification information, and
provide 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).

(c)	General Operating Requirements

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

(d)	Release Detection

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

	Release Detection for Tanks (§280.43);

	Release Detection for Piping (§280.44); and

	Release Detection Recordkeeping (§280.45).

(e)	Release Reporting, Investigation, and Confirmation

	EPA promulgated release reporting, investigation, and confirmation
standards at 40 CFR Part 280, Subpart E.  Owners and operators must
report suspected 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
gu摩汥湩獥映牯爠灥牯楴杮愠摮挠敬湡灵漠⁦灳汩獬挠
湡戠⁥潦湵⁤瑡猠捥楴湯⁳㠲⸰〵琠牨畯桧㈠〸㔮⸳†
桔⁥湩潦浲瑡潩⁮潣汬捥楴湯爠煥極敲敭瑮⁳獡潳楣瑡
摥眠瑩⁨敲敬獡⁥敲潰瑲湩⁧湡⁤湩敶瑳杩瑡潩⁮牡⁥
潣瑮楡敮⁤湩琠敨映汯潬楷杮㐠‰䙃⁒敳瑣潩獮ഺ

	Reporting of Suspected Releases (§280.50); and

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

(f)	Release Response and Corrective Action for UST Systems Containing
Petroleum or Hazardous Substances

	EPA promulgated release response and corrective action requirements at
40 CFR Part 280, Subpart F.  Owners and operators must respond and take
corrective action for a release by following procedures described at
sections 280.61 through 280.66.  Owners and operators must report the
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).

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

	EPA promulgated closure and out-of-service standards at 40 CFR Part
280, Subpart G.  Owners and operators must conduct an excavation zone
assessment and notify the implementing agency if permanently closing a
system or changing its service.  Records of closed or
c慨杮摥猠獹整獭洠獵⁴敢洠楡敬⁤潴琠敨椠灭敬敭瑮
湩⁧条湥祣漠⁲慭湩慴湩摥愠⁳灳捥晩敩⁤湩猠捥楴湯
㈠〸㜮⸴†桔⁥湩潦浲瑡潩⁮潣汬捥楴湯爠煥極敲敭瑮
⁳獡潳楣瑡摥眠瑩⁨单⁔汣獯牵⁥牡⁥潣瑮楡敮⁤湩琠
敨映汯潬楷杮㐠‰䙃⁒敳瑣潩獮›‍

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

	Closure Records (§280.74(c)).

(h)	Financial Responsibility

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

			

(2)	State Program Approval Procedures

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

	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.

(a)	Components of a Program Application 

	EPA promulgated State program application information requirements at
40 CFR Part 281, Subpart B.  A State must gather information, and
develop and submit a program application to EPA for review.  The
application process includes obtaining information from the Governor and
Attorney General, and preparing a description of the program.  The
information collection requirements associated with 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)).

(b)	Adequate Enforcement and Compliance

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

	(c)	Approval Procedures

	EPA promulgated approval procedure requirements at 40 CFR Part 281,
Subpart E.  Section 281.51(b) specifies that all States seeking approval
to implement a State program in lieu of the Federal program must issue a
notice for public comment indicating that the State is developing its
tank program.  

A State must also revise its program to satisfy new requirements.  The
information collection requirements associated with approval procedures
for revisions of State programs are contained in sections 281.52(a) and
(b), “Revision of Approved State Programs.” 

(d)	Withdrawal of Approval of State Programs

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

2.	NEED FOR AND USE OF THE COLLECTION  TC \l1 "2.	NEED FOR AND USE OF
THE COLLECTION 

2(a)	Need and Authority for the Collection  TC \l2 "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.  

(1)	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.

(2)	State Program Approval Procedures

	Section 9004 of RCRA, as amended, specifies procedures for States to
gain approval to implement their own UST programs in lieu of the Federal
program.  To receive approval, a State must demonstrate that its program
is no less stringent than the Federal UST program and provides adequate
enforcement of 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 as well as releases.

2(b)	Practical Utility and Users of the Data  TC \l2 "2(b)	Practical
Utility and Users of the Data 

(1)	Technical and Financial Requirements

	The data collected for new and existing UST system operations and
financial requirements are used by the owners and operators and/or EPA
or the implementing agency.  Data maintained in records are used to
monitor results of testing, 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.

(2)	State Program Approval Procedures

	EPA uses State program applications to determine whether to approve a
State program.  Before granting approval, EPA must determine that
programs will be no less stringent than the Federal program and contain
adequate enforcement mechanisms.  EPA uses each part of the program
application to determine how the State program corresponds to the
Federal program, how the State will administer the program, and how to
define and coordinate efforts between EPA and the State.       

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA  TC \l1
"3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 

3(a)	Nonduplication  TC \l2 "3(a)	Nonduplication 

	Most of the information required by the UST regulations is not
available from any source but the respondents.  To avoid duplicating
previous work respondents may draw upon similar analyses in compiling
data for UST monitoring, recordkeeping, reporting, and testing
requirements, provided the information meets the requirements specified
in the regulations.  

3(b)	Public Notice  TC \l2 "	3(b)	Public Notice 

	In compliance with the Paperwork Reduction Act of 1995, EPA issued a
60-day public notice in the Federal Register on July 25, 2007 (Volume
72, Number 142, Pages 40852-40853).  The public comment period ended on
September 30, 2007.  No comments were received during the comment
period. The public will have a second chance to comment when the ICR is
submitted to the Office of Management and Budget.

3(c)	Consultations  TC \l2 "3(c)	Consultations 

	Most of the underlying assumptions in this ICR (e.g., burden hour
estimates) are based on EPA consultations with industry and States that
were conducted in renewing previous UST ICRs.  In renewing this current
ICR, EPA carefully reviewed all of the ICR’s assumptions as well as
feedback from industry and States and determined that at this time no
significant modifications to the existing burden hour estimates were
warranted.  In conducting its consultations, EPA focused on those
assumptions that have the greatest effect on the ICR’s burden
estimates (e.g., labor rates).  EPA’s assumptions regarding hour and
cost burden are fully discussed in Section 6(d) of this document.  

Name of Organization	Name of Contact Person	Telephone Number

Industry

Ami Adini & Associates	Larry Witwer	(323) 913-4073

Manchaca Food Mart 	Mike Dhuka	(512) 442-0665 

Valero 	John Wilrodt	(210) 345-4235

United Environmental Group	Steve Klesic	(412) 855-1763

7-Eleven Inc.	Scott T. Johnson	(847) 608-1136

States 

Colorado Department of Labor and Employment 	Marilyn Hajicek 	(303)
318-8530

Indiana Department of Environmental Management 	Lynn West	(317) 232-3593

South Carolina Department of Health and Environmental Control 	Eric
Cathcart	(803) 896-7597

	EPA conducted its consultations with the following organizations:

3(d)	Effects of Less Frequent Collection  TC \l2 "	3(d)	Effects of less
Frequent Collection 

	EPA has carefully considered the burden imposed upon the regulated
community by the information collection requirements covered in this
ICR.  EPA is confident that those activities required of respondents are
necessary, and to the extent possible, the Agency has attempted to
minimize the burden imposed.  EPA believes strongly that if the minimum
information collection requirements specified under the regulations are
not met, neither the facilities nor EPA can ensure that UST systems are
being managed in a manner protective of human health and the
environment.  

3(e)	General Guidelines  TC \l2 "3(e)	General Guidelines 

	This ICR adheres to the guidelines stated in the Paperwork Reduction
Act of 1995, OMB’s implementing regulations, EPA’s ICR Handbook, and
other applicable OMB guidance.

3(f)	Confidentiality  TC \l2 "3(f)	Confidentiality 

	Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which define
EPA’s general policy on public disclosure of information, contain
provisions for confidentiality.  However, the Agency does not anticipate
that businesses will assert a claim of confidentiality covering all or
part of the requirements covered in this ICR.  If such a claim were
asserted, EPA must and will treat the information in accordance with the
regulations cited above.  EPA will also ensure that this information
collection complies with the Privacy Act of 1974 and OMB Circular 108.

3(g)	Sensitive Questions  TC \l2 "3(g)	Sensitive Questions 

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

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED  TC \l1 "4.	THE
RESPONDENTS AND THE INFORMATION REQUESTED 

4(a)	Respondents and SIC/NAICS Codes  TC \l2 "4(a)	Respondents and
SIC/NAICS Codes 

	The following is a list of Standard Industrial Classification (SIC)
codes and corresponding North American Industrial Classification System
(NAICS) codes associated with industries most likely affected by the
information collection requirements covered in this ICR.



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

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



42471	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

7538	General Automotive Repair Shops	811111	General Automotive Repair



4(b)	Information Requested  TC \l2 "

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.

(1)	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 subpartsഺ

	Program Scope and Interim Prohibition (Subpart A);

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

	General Operating Requirements (Subpart C);

	Release Detection (Subpart D);

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

	Release Response and Corrective Action for UST Systems Containing
Petroleum or Hazardous Substances (Subpart F);

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

	Financial Responsibility (Subpart H).

(a)	Program Scope and Interim Prohibition

	Interim prohibition requires a new UST system to have corrosion
protection if it is deferred from the regulations.  Deferrals include
the following types of UST systems, unless a corrosion expert finds the
site to be relatively non-corrosive:  (1) wastewater treatment tank
systems, (2) regulated radioactive material systems, (3) emergency
generation systems at a nuclear power generation facility, (4) airport
hydrant fuel distribution systems, and (5) field-constructed tank
systems.  Section 280.11(b) requires owners or operators that have
installed an UST system without corrosion protection at sites listed
above to maintain records documenting that a corrosion expert determined
the site was not corrosive enough to cause the UST system to have a
release due to corrosion during its operating life.  These records of
compliance must be maintained for the remaining life of the tank
(§280.11(b)).

(i)	Data Items:

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

(ii)	Respondent Activities:

	Have a corrosion expert inspect the site; and

	Maintain the records demonstrating compliance.

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

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

	Tanks and piping in contact with the ground that routinely contain
regulated substances must have corrosion protection unless a corrosion
expert finds the site to be relatively non-corrosive (§§280.20(a) and
(b)).  Sections 280.20(a)(4)(i) and (ii) and 280.20(b)(3)(i) and (ii)
require owners or operators that have installed an UST system with metal
tanks and/or piping without corrosion protection to maintain records
that demonstrate that a corrosion expert determined the site not to be
corrosive enough to cause the UST system to have a release due to
corrosion during its operating life.  These records of compliance must
be maintained for the remaining life of the tank and/or piping
(§§280.20(a) and (b)).

(i)	Data Items:

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

(ii)	Respondent Activities:

	Have a corrosion expert inspect the site; and

	Maintain the records demonstrating compliance.

(b2)	Certification of Installation

	Section 280.20(e) requires owners and operators to ensure that tanks
and piping were installed properly through certification, testing, or
inspection.  Owners and operators must demonstrate compliance of proper
installation methods by
pro楶楤杮愠挠牥楴楦慣楴湯漠⁦潣灭楬湡散漠⁮桴⁥单
⁔潮楴楦慣楴湯映牯⁭湩愠捣牯慤据⁥楷桴猠捥楴湯㈠
〸㈮′Ꜩ㠲⸰〲攨⤩മ⠍⥩䐉瑡⁡瑉浥ഺ

	Certification of compliance of proper installation.

(ii)	Respondent Activities:

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

	(b3)	Periodic Lining Inspections

	Section 280.21 establishes requirements for all UST systems that have
been upgraded.  Section 280.21(b)(1)(ii) requires that all tanks
upgraded by internal lining be inspected within ten years after lining,
and every five years thereafter.  The purpose of the inspection is to
determine
whe桴牥琠敨琠湡⁫獩猠牴捵畴慲汬⁹潳湵⁤湡⁤桴⁥楬
楮杮椠⁳瑳汩⁬数晲牯業杮椠⁮捡潣摲湡散眠瑩⁨牯杩
湩污搠獥杩⁮灳捥晩捩瑡潩獮മऍ慄慴䤠整獭ഺ

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

	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 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.]

	(b4)	Notification Requirements

	Section 280.22 describes the notification requirements for new UST
systems.  All of the information in Sections I through VII of the
notification form (see 40 CFR Part 280, Appendix I), or similar State
forms used in lieu of the form in Appendix I, must be filled out
completely (§280.22).  In addition, owners and operators selling an UST
must notify the purchaser of such tanks of the owner’s
notif捩瑡潩⁮扯楬慧楴湯⁳湵敤⁲敳瑣潩⁮㠲⸰㈲愨 
Ꜩ㠲⸰㈲木⤩മ⠍⥩䐉瑡⁡瑉浥ഺ

	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)); 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.

(c)	General Operating Requirements

	(c1)	Operation and Maintenance of Corrosion Protection

	Owners and operators with cathodically-protected steel UST systems must
periodically inspect their systems and conduct periodic tests by a
qualified cathodic protection tester.  Sections 280.31(d)(1) and (2)
require owners and operators to maintain records that demonstrate
compliance with performance standards for UST systems using cathodic
protection.

	(i)	Data Items:

	Records that demonstrate compliance with performance standards for
UST systems using cathodic protection, including:

--	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. 

	(c2)	Maintenance of Repair Records

	Section 280.33(f) requires owners and operators to maintain records of
each repair for the operating life of the UST system.  These records
must demonstrate that repairs will prevent releases due to structural
failure or corrosion as long as the UST system is used to store
regulated substances (§280.33(f)).  

(i)	Data Items:

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

(ii)	Respondent Activities:

	Gather information on each repair; 

	Conduct tightness testing 30 days after repair in accordance with
sections 280.43(c) and 280.44(b), except as provided in sections
280.33(d)(1) through 280.33(d)(3) (§280.33(d)); and

	Maintain records.

(c3)	Reporting

	Section 280.34(a) requires owners and operators to cooperate fully with
the implementing agency concerning submission of information.  Owners
and operators must submit to the implementing agency the information
gathered and requested in sections 280.20(e), 280.22, 280.50, 280.53,
280.61, 280.62, 280.63, 280.64, 280.65, 280.66, and 280.71.  Data items
and respondent activities, as well as the associated hour and cost
burden, are specified and covered in each of the respective sections
(§280.34(a)).  

(c4)	Recordkeeping

	Sections 280.34(b) and (c) require owners and operators to cooperate
fully with the implementing agency concerning the recordkeeping,
availability, and maintenance of information.  Owners and operators must
maintain the information requested in sections 280.20(a)(4),
280.20(b)(3), 280.31, 280.33(f), 280.45, 280.74.  Data items and
respondent activities, as well as the associated hour and cost burden,
are specified and covered in each of the respective sections.

(d)	Release Detection

	(d1)	General Requirements for All UST Systems

	Section 280.40 outlines release detection requirements that are
applicable to all UST systems.  Section 280.40 also provides that, when
a release detection method indicates that a release may have occurred,
owners and operators must notify the implementing agency in accordance
with Subpart E.  Data items and respondent activities associated with
release detection requirements are covered and burdened under sections
280.43, 280.44, and 280.45.  Data items and respondent activities
associated with the reporting of suspected releases are covered and
burdened in the subsequent section, “Release Reporting, Investigation,
and Confirmation” (40 CFR Part 280, Subpart E).

	(d2)	Release Detection for Tanks

	Section 280.43 specifies methods that UST owners and operators may use
to meet the release detection requirements for tanks at section
280.41(a).  Owners and operators are required to record results of
measurements or tests
indic瑡湩⁧桷瑥敨⁲⁡敲敬獡⁥慨⁳牯栠獡渠瑯漠捣牵
敲⹤†഍椨ऩ慄慴䤠整獭ഺ

	Records of inventory control, 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, 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));

	Records of tank tightness testing 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 section 280.40(a)(3), records of inventory control (or
another test of equivalent performance, conducted in accordance with the
requirements of section 280.43(a) (§280.43(d)(2));

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

	Monthly records of groundwater 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;

	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;

	If using manual tank gauging only (i.e., without tank tightness
testing), record two consecutive tank liquid level measurements at the
beginning and ending of a minimum time period each week and reconcile
measurements monthly;	

	If using automatic tank gauging, record results of monthly automatic
product level monitoring tests and, if necessary, daily inventory volume
measurements;

	If using vapor monitoring, record results of monthly vapor
monitoring;

	If using groundwater monitoring, record results of monthly
groundwater monitoring;

	If using interstitial monitoring, record results of monthly
interstitial monitoring; and/or

	If wishing to use an alternative technology, prepare and submit a
demonstration for an alternative release detection method and, if
necessary, record monthly results.

	(d3)	Release Detection for Piping

	Section 280.44 specifies methods that UST owners and operators may use
to meet the release detection requirements for piping at section
280.41(b).  Owners and operators are required to maintain the following
types of
measuremen⁴敲潣摲⁳潴搠浥湯瑳慲整挠浯汰慩据⹥†഍
椨ऩ慄慴䤠整獭ഺ

	Records of an annual automatic line leak detector test conducted
according to the manufacturer's requirements (§280.44(a)); and either,

	Records from a line tightness test conducted per section 280.44(b);
or

	Records from any of the methods identified in sections 280.43(e)
through (h) (as described above for tanks) if they are designed to
detect a release from any portion of the underground piping that
routinely contains regulated substances (§280.44(c)). [Burden
associated with this requirement is already covered in the Release
Detection for Tanks subsection above.]

(ii)	Respondent Activities:

	Conduct and record annual test of the operation of the automatic
line leak detector in accordance with the manufacturer’s requirements;
and either	

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

	Conduct and record results of monthly monitoring. 

	(d4)	Release Detection Recordkeeping

	Section 280.45 requires that owners and operators maintain records
which contain information about each release detection system in place
at an UST system. 

(i)	Data Items:

	All written performance claims about any system used, and the way
the claims were justified or tested by the manufacturer or installer
(§280.45(a));  

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

	Written documentation of all calibration, maintenance, and repair of
any release detection system located permanently on site (§280.45(c));
and

	Any schedule of required calibration and maintenance provided by the
equipment manufacturer (§280.45(c)).

(ii)	Respondent Activities: 

	Maintain records for the periods of time as follows:

--	Performance claims - five years from date of installation, unless
implementing agency advises otherwise;

--	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.

(e)	Release Reporting, Investigation, and Confirmation

	(e1)	Reporting of Suspected Releases

	Section 280.50 requires owners and operators to report within 24
hour⁳潴琠敨椠灭敬敭瑮湩⁧条湥祣椠⁦⁡敲敬獡⁥獩
猠獵数瑣摥愠摮琠敨爠汥慥敳攠捸敥獤㈠‵慧汬湯⁳漨
⁲潦⁲慨慺摲畯⁳畳獢慴据獥琠慨⁴硥散摥琠敨爠灥牯
慴汢⁥畱湡楴祴Ⱙ漠⁲晩愠猠慭汬牥爠汥慥敳挠湡潮⁴
敢挠敬湡摥甠⁰楷桴湩㈠‴潨牵⹳഍椨ऩ慄慴䤠整獭ഺ

	Information on a discovery of released regulated substances at the
UST site or surrounding area (§280.50(a));

	Information on unusual operating conditions, unless system equipment
is found to be defective but not leaking, and is immediately repaired
(§280.50(b)); and

	Monitoring results from a release detection method required under
sections 280.41 and 280.42 that indicate a release may have occurred,
unless (1) a monitoring device is found to be defective, and upon
repair, re-calibration, or replacement, does not confirm a release, or
(2) a second month of data from inventory control does not confirm the
initial result (§§280.50(c)(1) and (2)).

(ii)	Respondent Activities:

	Gather information on the suspected release; and

	Report the suspected release.

	(e2)	Reporting and Cleanup of Spills and Overfills

	Sections 280.53(a) through (b) require owners and operators to
immediately contain and 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. 

(f)	Release Response and Corrective Action for UST Systems Containing
Petroleum or Hazardous Substances

	(f1)	Initial Response

	Upon confirmation of a release in accordance with section 280.52 or
another procedure, owners and operators must conduct initial response
actions within 24 hours of a release or within another reasonable time
period determined by the implementing agency.  The initial response is a
release report, which may be submitted to the implementing agency by
telephone or electronic mail (§280.61(a)).

(i)	Data Item:

	Release report.

(ii)	Respondent Activity:

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

			

(f2)	Initial Abatement Measures Report and Site Check

	Section 280.62(b) requires owners and operators to submit within 20
days, or another reasonable period of time determined by the
implementing agency, a report summarizing initial abatement steps taken
and any resulting information or data
湩愠捣牯慤据⁥楷桴猠捥楴湯㈠〸㘮⠲⥡മ⠍⥩䐉瑡⁡
瑉浥ഺ

	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.

(f3)	Initial Site Characterization

	Section 280.63 requires owners and operators to assemble information
about the site and the nature of the release, including information from
initial abatement measures in sections 280.60 and 280.61.  Under section
280.63(b), the information collected must be submitted to the
implementing agency within 45 days of the release confirmation or
another reasonable period of time determined by the implementing agency,
in a manner that demonstrates its applicability and technical adequacy,
or in a format and according to the schedule required by the
implementing agency.

(i)	Data Items:

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

	Data on surrounding populations, water quality, use and locations of
wells, subsurface soil conditions, locations of subsurface sewers,
climatological conditions, and land use (§280.63(a)(2));

	Results of the site check under section 280.62(a)(5)
(§280.63(a)(3)); and

	Results of free product investigations under section 280.62(a)(6)
(§280.63(a)(4)).

(ii)	Respondent Activities:

	Gather information for the initial site characterization; and

	Prepare and submit information per implementing agency instructions.

	(f4)	Free Product Removal

	Section 280.64 requires owners and operators to remove free product to
the maximum extent practicable if investigations under section
280.62(a)(6) indicate that removal is warranted.  Under section
280.64(d), owners and operators must assemble information and prepare
and submit a free product removal report within 45
d祡⁳晡整⁲潣普物慭楴湯漠⁦⁡敲敬獡⹥഍椨ऩ慄慴
䤠整獭ഺ

	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)); 

	Steps that have been or are being taken to obtain permits for
discharges (§280.64(d)(6)); and

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

(ii)	Respondent Activities:

	Gather information for free product removal report; and

	Prepare and submit report.

	(f5)	Investigations for Soil and Groundwater Cleanup

	Section 280.65 requires owners and operators to conduct investigations
of soil and groundwater if any of the following conditions exist: (1)
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 section 280.65(b),
owners and operators must submit information covering the release, the
release site, and the area affected by the release after investigating
the impacts of the release on the soils and groundwater.  The
information must be collected and submitted within a reasonable time
established by the implementing agency if the conditions in sections
280.65(a)(1) through (4) exist.

(i)	Data Item:

	Information on soil and groundwater impacts of release. 

(ii)	Respondent Activities:

	Gather information from soil and groundwater cleanup investigations;
and

	Submit collected information.

	(f6)	Corrective Action Plan

	Section 280.66 specifies corrective action requirements for USTs.  The
implementing agency may require owners and operators to submit
additional information or a corrective action plan for responding to
contaminated soils or groundwater.  Upon approval, owners and operators
must implement the plan, and report the results of implementation.  In
addition, in order to keep contamination at a site to a minimum, owners
and operators may begin cleanup prior to plan approval by notifying the
implementing agency of the intention to begin cleanup and including the
cleanup measures in the corrective action plan, provided they comply
with any conditions imposed by the implementing agency and incorporate
self-initiated cleanup measures into the corrective action plan.

(i)	Data Items:

	Additional information or a corrective action plan for responding to
contaminated soils or 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.

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

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

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

(i)	Data Item:

	Notification of close or change-in-service at an UST system.

(ii)	Respondent Activities:

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

	Conduct excavation zone assessment.

	(g2)	Closure Records

	Section 280.74 requires owners and operators to maintain records in
accordance with section 280.34 that are capable of showing compliance
with closure requirements.  Owners and operators also are required to
maintain result of the excavation zone assessment required in
s捥楴湯㈠〸㜮′潦⁲瑡氠慥瑳琠牨敥礠慥獲愠瑦牥挠
浯汰瑥潩⁮景瀠牥慭敮瑮挠潬畳敲漠⁲档湡敧椭⵮敳癲
捩⹥഍椨ऩ慄慴䤠整獭ഺ

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

(ii)	Respondent Activities:

	Maintain closure records after permanent closure or a
change-in-service for at least three years after the results of the
excavation zone assessment are obtained; or

	Mail the records to the implementing agency if the records cannot be
maintained at the closed UST site.

(h)	Financial Responsibility

(h1)	Financial Responsibility Mechanisms

	40 CFR Part 280, Subpart H financial 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.]

	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;

	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 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.

[NOTE: This ICR covers the burden associated with these activities under
s捥楴湯㈠〸ㄮ〱⠠敲潰瑲湩⥧愠摮猠捥楴湯㈠〸ㄮㄱ
⠠敲潣摲敫灥湩⥧崮഍䜉慵慲瑮敥഍匉捥楴湯㈠〸㤮‶
畯汴湩獥琠敨瀠潲散畤敲⁳潦⁲扯慴湩湩⁧⁡畧牡湡整
⁥獡愠洠慥獮漠⁦慳楴晳楹杮琠敨映湩湡楣污爠獥潰獮
扩汩瑩⁹敲畱物浥湥獴മ⠍⥩ठ慄慴䤠整獭ഺ

	A letter from the CFO of the guarantor, as worded in section
280.95(d) (§280.96(a));

	A guarantee, as specified in section 280.96(c); and 

	A standby trust agreement worded exactly as in section 280.103(b)
(§280.96(d)).  [The trust agreement 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).]

	Insurance and Risk Retention Group Coverage

	Section 280.97 outlines the procedures for obtaining liability
insurance as a means of satisfying the financial responsibility
requirements.

(i)	Data Item:

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

(ii)	Respondent Activities:

	Obtain and keep on file an insurance or risk retention group
coverage policy.

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

	Surety Bond

	Section 280.98 outlines the procedures for obtaining a surety bond as a
means of satisfying the financial responsibility requirements.

(i) 	Data Items:

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

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

(ii) 	Respondent Activities:

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

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

	Letter of Credit

	Section 280.99 outlines the procedures for obtaining a letter of credit
as a means of satisfying the financial
responsibil瑩⁹敲畱物浥湥獴മ⠍⥩ठ慄慴䤠整獭ഺ

	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 Activities:

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

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

	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)).

(ii) 	Respondent Activities:

	Prepare and submit the petition package; and

	Retain a copy of the petition package.

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

	State Fund or Other State Assurance

	Section 280.101 allows UST owners and operators in States without
program approval to satisfy the requirements of section
28⸰㌹戠⁹獵湩⁧⁡瑓瑡⁥畦摮漠⁲瑯敨⁲瑓瑡⁥獡畳
慲据ⱥ椠⁦灡牰癯摥戠⁹桴⁥偅⁁敒楧湯‮吠⁯慳楴晳
⁹桴⁥敲畱物浥湥獴漠⁦敳瑣潩⁮㠲⸰㌹‬桴⁥睯敮⁲
牯漠数慲潴⁲畭瑳漠瑢楡⁮⁡敬瑴牥漠⁲散瑲晩捩瑡⁥
牦浯琠敨匠慴整മ⠍⥩ठ慄慴䤠整㩭ऍ

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

(ii) 	Respondent Activities:

	Obtain and keep on file a letter or certificate from the State. 

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

	Trust Fund

	Section 280.102 outlines the procedures for using a trust fund as a
means of satisfying the financial responsibility requirements.

(i) 	Data Items:

	A trust agreement worded exactly as in section 280.103(b)(1),
accompanied by formal certification of acknowledgment as specified in
section 280.103(b)(2) (§280.102(b)); and 

	If the value of the trust fund is greater than the required amount
of coverage, or if other financial assurance is substituted, a written
request for the release of excess funds (§§280.102(d) through (e)).

(ii) 	Respondent Activities:

	Prepare and keep on file the trust agreement and formal
certification of acknowledgment; and

	Prepare and submit written request for release of excess funds, if
applicable.

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

	Standby Trust Fund

	Section 280.103 outlines the procedures for using a standby trust fund
as a means of satisfying the financial responsibility requirements. 
Owners and operators using mechanisms described in sections 280.96,
280.98, and 280.99 must establish a standby trust fund in addition to
satisfying the other requirements of those sections.

(i) 	Data Items:

	A trust agreement worded exactly as in section 280.103(b)(1)
accompanied by formal certification of acknowledgment as specified in
section 280.103(b)(2). 

(ii) 	Respondent Activities:

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

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

	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

 

	Current records of financial condition (§280.104(f)).

(ii) 	Respondent Activities:

	Maintain current copy of bond ratings;

	Prepare and keep on file a signed letter from the CFO; and

	If requested, prepare and submit records of current financial
conditions.

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

	Local Government Financial Test

	Section 280.105 states that a local government UST owner or operator
may satisfy the requirements of section 280.93 by passing a financial
test.

(i) 	Data Items:

	Financial statements for the latest completed fiscal year with
information on the following (§280.105(b)(1)):

--	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;

	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).]

	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.

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

	Local Government Fund

	Section 280.107 states that a local government owner or operator may
satisfy the requirements of section 280.93 by establishing a dedicated
fund account.  The fund is dedicated to pay for corrective action and
for compensating third parties in the event of accidental releases from
petroleum USTs.

  

(i) 	Data Items:

	A signed letter from the local government’s CFO and/or guarantor,
worded exactly as stated in section 280.107(d);

	A copy of the constitutional provision or local government statute,
charter, ordinance, or order dedicating the fund (§§280.107(d) and
280.111(b)(9)(i));

	Year-end financial statements for the most recent year, and the
previous year’s balance, if applicable (§§280.107(d) and
280.111(b)(9)(ii)); and

	If an owner or operator is using incremental funding backed by
bonding authority, results of a voter referendum or an attestation by
the State Attorney General (§§280.107(c)(2) and 280.111(b)(9)(iii)).

(ii) 	Respondent Activities:

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

	Maintain a copy of the statute or other mandate dedicating the fund;

	Maintain all year-end financial statements; and

	Maintain documentation of the bonding authority, including either
the results of a voter referendum or attestation by the State Attorney
General;

[NOTE: This ICR presents the burden associated with these activities
under section 280.111 (recordkeeping).] 

	Substitution of Financial Assurance Mechanisms by the Owner or Operator

	Section 280.108(b) states that an owner or operator may cancel
⁡楦慮据慩⁬獡畳慲据⁥敭档湡獩⁭晡整⁲扯慴湩湩⁧
污整湲瑡⁥楦慮据慩⁬獡畳慲据⹥ഠ⠍⥩䐉瑡⁡瑉浥ഺ

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

(ii)	Respondent Activities:

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

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

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

	A provider of financial assurance may cancel or fail to renew an
assurance mechanism according to the procedures outlined in section
280.109.  The data item associated with such an action is a notice of
termination, which is submitted to the UST owner or operator.  If
alternate financial coverage is not obtained within 60 days of being
notified of the termination, owners or operators must inform the
implementing agency of the failure to obtain coverage. 

(i)	Data Items:

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

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

--  	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.

	(h3)	Reporting

	Section 280.110 establishes financial responsibility reporting
requirements for owners and operators who: (1) identify a reportable UST
release; or (2) fail to obtain alternative coverage.

(i)	Data Item:

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

(ii)	Respondent Activities:

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

	(h4)	Recordkeeping

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

(i)	Data Item:

	Record of updated certification of financial responsibility.

(ii)	Respondent Activities:

	Prepare and keep on file a certification of financial
responsibility; and

	Update the certification whenever the financial assurance mechanism
is modified.

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

	(h5)	Bankruptcy or Other Incapacity

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

(i)	Data Items:

	For owners and operators, a notification to the implementing agency
of commencement of bankruptcy proceedings and forms listed in section
280.111(b) documenting current financial responsibility (§280.114(a));

	For financial assurance providers, a notice to the UST owner or
operator of commencement of bankruptcy proceedings as required under the
terms of the guarantee specified in section 280.96 (§280.114(b));

	For local government owners and operators, a notification to the
implementing agency of commencement of bankruptcy proceedings and forms
documenting current financial responsibility (§280.114(c)); 

	For local government financial assurance providers, a notice to the
local government owner or operator of commencement of bankruptcy
proceedings and forms documenting current financial responsibility
(§280.114(d)); and

	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.

(2)	State Program Approval Procedures

	Regulations at 40 CFR Part 281 contain State program approval
procedures for States that wish to administer their own UST programs in
lieu of the Federal program.  A State must obtain approval for its
program from the Federal agency administering the program.  Part 281 is
divided into six subparts (i.e., Subparts A through F), four of which
contain information collection requirements.  This ICR summarizes the
information collection requirements, and the associated data items and
respondent activities, in the order in which they appear in Part 281, in
the following subparts:

	Components of a Program Application (Subpart B);

	Adequate Enforcement of Compliance (Subpart D); 

	Approval Procedures (Subpart E); and

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

(a)	Components of a Program Application

	(a1)	Transmittal Letter

	Section 281.20(a) states that any State seeking to administer its own
UST program must submit in its application a transmittal letter from the
Governor of the State requesting program approval (§281.20(a)).

(i) 	Data Item:

	Transmittal letter from the Governor of the State requesting program
approval (§281.20(a)).

(ii) 	Respondent Activities:

	

	Obtain a transmittal letter from the Governor’s office; and

	Submit the letter to the implementing agency.

	(a2)	Description of State Program

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

(i) 	Data Items:

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

--  	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.

	Organization and structure of State and local agencies responsible
for administering the program (§281.21(b)); 

	State staff resources for execution of the program (§281.21(c));
and

	Existing State funding mechanisms to meet the cost of administering
the program (§281.21(d)).

(ii)	Respondent Activities:

	

	Prepare and submit the description of the program.

	(a3)	Procedures for Adequate Enforcement

	Section 281.22 states that any State seeking to administer its own UST
program must submit in its application a description of compliance
monitoring and enforcement policies and procedures, including judicial
review procedures (§§281.22 and 281.20(c)).

(i) 	Data Item:

	Description of compliance monitoring and enforcement policies and
procedures, including judicial review procedures (§§281.22 and
281.20(c)).

(ii) 	Respondent Activities:

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

	(a4)	Memorandum of Agreement

	Section 281.24 states that any State seeking to administer its own UST
program must negotiate with EPA areas of coordinated effort and
responsibilities.

(i) 	Data Item:

	A Memorandum of Agreement concerning roles and responsibilities of
EPA and the State (§§281.24 and 281.20(e)).

(ii)	Respondent Activities:

	Negotiate an MOA with EPA; and

	Prepare and submit the MOA with the program application.

	(a5)	Attorney General's Statement

	Section 281.25 states that any State seeking to administer its own UST
program must submit a written demonstration from the Attorney General
stating that the laws of the State are sufficiently stringent to enforce
the State program proposed.  The statement must include citations to
statutes, regulations, judicial decisions, and analysis of any State
authority to regulate USTs on Indian lands (§§281.25 and 281.20(f)).

(i) 	Data Item:

	Written demonstration from the Attorney General stating that the
laws of the State are sufficiently stringent to enforce the proposed
State program, including citations to statutes, regulations, judicial
decisions, and analysis of any State authority to regulate USTs on
Indian lands (§§281.25 and 281.20(f)).

(ii) 	Respondent Activities:

	Draft and submit the statement from the Attorney General.

	(a6)	Copies of Statutes and Regulations

	Section 281.20(g) states that any State seeking to administer its own
UST program must submit in its application copies of all applicable
State statutes and regulations (§281.20(g)).

(i) 	Data Items:

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

(ii) 	Respondent Activities:

	

	Research and gather statutes and regulations; and

	Submit copies as a part of the application.

(b)	Adequate Enforcement and Compliance

	Section 281.43(a) requires States with approved programs to furnish to
EPA, at any time, information in State files on the administration of
the program, including data on enforcement and compliance under section
281.40.  This includes information submitted to the State with or
without a claim of confidentiality (§281.43(a)). 

(i) 	Data Item:

	Information on program administration, including data on enforcement
and compliance under section 281.40.

(ii) 	Respondent Activities:

	Maintain files and current information on program administration;
and

	Submit information to EPA, if requested.

(c)	Approval Procedures

	Section 281.50(b) specifies that before submitting an application to
EPA for approval of a State program, States must provide an opportunity
for public notice and comment. 

(i) 	Data Items:

	Notification soliciting public comment on development of underground
storage tank program.  

(ii) 	Respondent Activities:

	Issue notification; and

	Receive and review public comments.

Sections 281.52(a) through (b) specifies program revision requirements
which may be initiated by either 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.

	

(d)	Withdrawal of Approval of State Programs

	A State with an approved program may transfer voluntarily any
responsibilities required by Federal law (§281.61(a)(1)).

(i) 	Data Items:

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

	A plan for orderly information transfers from the State to EPA of
all program information.

(ii) 	Respondent Activities:

	Gather information;

	Prepare and submit transfer notification; and

	Develop and submit a plan for information transfer between the State
and EPA at least 90 days before the transfer occurs.

5.	THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT  TC \l1 "	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  TC \l2 "5(a)	Agency Activities 

(1)	Technical and Financial Requirements

	Most information required of UST owners and operators is maintained in
records at the facility and is only formally submitted to EPA or the
implementing agency if requested.  This analysis assumes that the Agency
will spend a minimal amount of time reviewing these data during facility
inspections.  

	This ICR assumes that EPA or the implementing agency reviews and files
submitted information, including notification forms; site, chemical
property, and health information; information on suspected releases,
spills, or overfills; site characterizations; abatement procedure
information; free product information; soil and ground water
information; corrective action plans and implementation reports; and
applicable financial assurance information.  Much of the information
listed above is also entered into a database for the purposes of
recordkeeping and analysis.

	EPA or the implementing agency must notify owners and operators of
approval or disapproval of corrective action plans.  The implementing
agency also is responsible for conducting public involvement activities,
such as notifying the public of a release or failure to sufficiently
remediate a release.  EPA or the implementing agency also must notify
owners and operators if they fail to meet the requirements of financial
assurance at any time.

(2)	State Program Approval Procedures

	States applying for program approval must follow procedures at 40 CFR
Part 281.  EPA must review and file program applications and all
associated information, as described in section 281.50.  EPA must
determine approval or disapproval for all new or revised State program
applications.  EPA is required to issue public notice of all decisions
and consider public comments.  EPA must issue public notice of any
transfer of program responsibilities.  EPA also must inform a State with
an approved program if EPA is planning to take enforcement action
against violators of the UST regulations.   

5(b)	Collection Methodology and Management  TC \l2 "5(b)	Collection
Methodology and Management 

	In collecting and analyzing the information associated with this ICR,
EPA uses electronic equipment such as personal computers and database
and modeling software, as applicable.  EPA ensures the accuracy and
completeness of the collected information by reviewing each submittal.  


5(c)	Small Entity Flexibility  TC \l2 "5(c)	Small Entity Flexibility 

	In promulgating the UST regulations covered under this ICR, EPA
attempted to minimize the reporting and recordkeeping burden for small
businesses.  In addition, EPA provided flexibility to small and
medium-sized owners and operators of petroleum USTs for meeting
financial responsibility requirements in order to reduce burden and cost
to these groups.

5(d)	Collection Schedule  TC \l2 "5(d)	Collection Schedule 

(1)	Technical and Financial Requirements

	EPA or the implementing agency collects information on a one-time,
on-going, or special circumstance basis.  EPA or the implementing 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. 

(2)	State Program Approval Procedures

	States applying for program approval submit most of their information
in a one-time application, but also must submit additional
inform瑡潩⁮晩爠煥敵瑳摥戠⁹偅⹁†偅⁁潣汬捥獴愠汬
猠扵業瑴摥椠普牯慭楴湯愠捣牯楤杮琠⁯桴⁥潦汬睯湩
⁧牦煥敵据㩹ഠ

-

`

’

Ä

鴏ഀࣆȀи⒆਀萏и萑﷤葞и葠﷤က옍

(

)

*

+

,

-

A

B

[

\

]

^

_

s

t

Ž

‘

¥

¦

¿

À

Á

Â

Ã

í

î

D



€

%

&

?

@

A

B

C

_

`

y

z

{

}

~



å

æ

ÿ

jˆ

j

jï

jt

`„0ý

`„0ý

`„0ý

眙ഀᣆ

眜ԀĤ␆ഁᣆ

眜ԀĤ␆ഁᣆ

`„0ý

`„0ý

`„0ý

@

@

$

@

„Ð^„Ð

`„0ý

@

,

.

N

P

@

„Ð^„Ð

„Ð^„Ð

„Ð^„Ð

*

,

L

N

ø

ú

`„0ý

„0ý^„Ð`„0ý

„Ð^„Ð

„Ð^„Ð

$

$

$

@

$

`„0ý

@

$

„0ý^„Ð`„0ý

@

1$

„Ð^„Ð

„Ð^„Ð

„0ý^„Ð`„0ý

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

	Special circumstance collections:  Withdrawal of approval of State
program information, transfer of program information, and plans for the
transfer of program responsibilities. 

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION  TC \l1 "6.
ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION 

6(a)	Estimating Respondent Hours  TC \l2 "6(a)	Estimating Respondent
Hours  

	EPA estimates the respondent hourly burden for all the information
collection requirements covered in this ICR in Exhibits 1 and 2. 
Exhibit 1 covers information collections related to UST technical and
financial requirements.  Exhibit 2 covers information collections
associated with State program approvals.  The burden estimates for each
activity presented in Exhibits 1 and 2 include the burden hours (total
and by labor type) per respondent, as well as the overall burden hours
for all respondents. 

6(b)	Estimating Respondent Costs  TC \l2 "	6(b)	Estimating Respondent
Costs 

	EPA estimates respondent costs for all activities covered in this ICR
in Exhibits 1 and 2.  These costs are based on the cost of labor,
capital, and operation and maintenance (O&M).

	Labor Costs 

	Table 1 shows the estimated average hourly labor cost (including
overhead and fringe), by labor category, for facilities, contractors,
and States.  These labor rates were used to calculate the labor cost to
all respondents in conducting the reporting and recordkeeping activities
covered in this ICR, as shown in Exhibits 1 and 2. 

Table 1

Average Hourly Respondent Labor Cost, by Labor Category

Respondent	Legal	Managerial	Technical	Clerical

Facilities	$92	$87	$75	$38

Contractors	Not Applicable	$104	$89	$45

States	$47	$47	$47	$26



	To obtain hourly labor costs (other than legal labor costs) for
facilities, EPA referred to private industry employer costs provided by
the Bureau of Labor Statistics (BLS).  To obtain hourly legal labor
costs, EPA referred to national occupational employment and wage
estimates for May 2006 and then adjusted this rate for 2007 using the
2007 Employment Cost Index.,  EPA followed the same procedure to obtain
hourly labor costs for contractors.  EPA then factored in overhead costs
for facilities and contractors, which it assumed to be an additional 67
percent and 100 percent, respectively, of the total wage rate. EPA
obtained overhead loading rates from the EPA report Estimating Costs for
the Economic Benefits of RCRA Noncompliance.  

	To obtain hourly labor costs for States (other than legal labor costs),
EPA relied on BLS data on state and local government workers.  Hourly
labor costs for State legal staff are not provided by BLS. Based upon a
recommendation from the State of Indiana, EPA used the technical rate
for state legal staff.  Additional overhead loading for States was not
factored into the hourly labor costs; no standard overhead factor for
States was identified through research or EPA’s State consultations.
(See Section 3(c) of this ICR for a list of facilities, contractors and
State agencies contacted by EPA.)  

	Capital Costs

	Capital costs usually include any produced physical good needed to
provide the needed information, such as machinery, computers, and other
equipment.  For this ICR, capital costs include the cost of monitoring
equipment for facilities that choose to comply with release detection
requirements by using vapor monitoring, groundwater monitoring, or
interstitial monitoring methods.  These capital costs are shown in
Exhibit 1, and are further described in Section 6(d).

Operation & Maintenance Costs

	O&M costs are those costs associated with a paperwork requirement
incurred continually over the life of the ICR.  They are defined by the
Paperwork Reduction Act of 1995 as “the recurring dollar amount of
costs associated with O&M or purchasing services.”  For this ICR, O&M
costs include:

	Mailing costs:  EPA estimates that respondents will incur a cost of
$0.43 to mail a one-ounce package (i.e., $0.41 for postage and $0.02 for
standard size envelope).  EPA also estimates that respondents will incur
a cost of $4.20 for mailing a larger package (i.e., five-ounce package)
by certified mail (i.e., $1.48 for postage, $2.65 for the certified-mail
fee, and $0.07 for a manila envelope).

	Photocopying costs:  EPA estimates that respondents will incur a
cost of $0.10 for each photocopy they make.

	Purchase of contractor or laboratory services:  EPA believes that
owners and operators of USTs will incur O&M costs on contractor and
laboratory services.  These O&M costs are further described in Section
6(d) for all applicable respondent activities.  O&M costs do not include
contractors who bill by the hour.

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

6(c)	Estimating Agency Hour and Cost Burden  TC \l2 "6(c)	Estimating
Agency Hour and Cost Burden 

	EPA estimates the Agency hour and cost burden associated with all
information collection requirements covered in this ICR in Exhibits 3
and 4.  As shown in the exhibits, EPA estimates an average hourly labor
cost of $81.13 for legal staff (GS-15, Step 5), $51.50 for managerial
staff (GS-13, Step 1), $36.13 for technical staff (GS-11, Step 1), and
$21.97 for clerical staff (GS-6, Step 1).  To derive these hourly
estimates, EPA referred to the U.S. Office of Personnel Management 2007
General Schedule (GS) Salary Table.  This publication summarizes the
unloaded (base) hourly rate for various labor categories in the Federal
Government.  EPA then applied the standard government overhead factor of
1.6 to the unloaded rate to derive these loaded hourly rates.

6(d)	Estimating the Respondent Universe and Total Hour and Cost Burden 
TC \l2 "	6(d)	Estimating the Respondent Universe and Total Hour and Cost
Burden 

(1)	Respondent Universe

(a)	Technical and Financial Requirements

	Table 2 presents the estimated UST universe over the three years
covered by this ICR.  As shown in the table, there will be an average of
620,667 existing USTs in operation over the period covered by this ICR. 
EPA also estimates that, each year, owners and operators will close an
average of 16,500 USTs and install an average of 8,500 new USTs.  EPA
estimates that a portion of the new USTs will be installed at new
facilities (i.e., facilities that have not operated USTs in the past),
with the remainder of new USTs installed at existing UST facilities.

Table 2

Estimated UST Universe

	Year 2008	Year 2009	Year 2010	Average

Underground Storage Tanks

Existing USTs	628,000	620,000	614,000	620,667

New USTs installed	8,500	8,500	8,500	8,500

USTs closed	18,500	16,500	14,500	16,500

Facilities with Underground Storage Tanks a

Existing facilities	237,000	234,000	232,000	234,333

New facilities	3,200	3,200	3,200	3,200

a  Number of facilities estimated based on the assumption that, on
average, there are 2.65 USTs per facility.

(b)	State Program Approval Procedures

	Table 3 presents the estimated number of States expected to seek and
obtain EPA program approval during the three-year period covered by this
ICR.  It shows that EPA expects one State, on average, to seek program
approval each year. 

Table 3

Annual Number of States Expected to Receive 

EPA Program Approval During the Period Covered by the ICR

	Number of State Program Approvals per Year	Average Annual Number of
State Program Approvals During 2008 to 2010

	Year 2008	Year 2009	Year 2010

	State Program Approvals	1	1	0	1



(2)	Total Hour and Cost Burden

(a)	Technical and Financial Requirements

	40 CFR Part 280 subjects owners and operators of USTs to technical and
financial requirements.  Information collecting, reporting, and
recordkeeping may be required on a one-time, on-going, or special
circumstance basis.  The remainder of this subsection describes how EPA
arrived at each of the respondent estimates contained in Exhibit 1.

(a1)	Program Scope and Interim Prohibition

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

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

	Newly regulated facilities will read the design, construction,
installation, and notification regulations.  Thus, each year an average
of 3,200 facilities will perform this activity (see Table 2).  

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

	EPA expects owners and operators to prepare and submit a certificate of
installation and a notification in a single form for a new or replaced
facility with USTs or for a new or replaced individual UST system.  EPA
estimates that, on average, 75 percent of new USTs are installed at
completely new or completely replaced facilities (i.e., 0.75 x
(8,500/2.65)) and 25 percent of new USTs are installed as a single UST
at a facility (0.25 x 8,500). Thus, EPA expects that an average of 4,531
notifications will be submitted each year (see Table 2).  

	EPA estimates that approximately five percent of existing tanks (i.e.,
0.05 x 620,667 = 31,033) have been upgraded with an internal lining to
meet corrosion protection requirements.  EPA expects all owners and
operators of these UST systems to inspect their tanks within 10 years
after lining and every five years thereafter.  All tanks should have
been upgraded by December 22, 1998 and their required one-lining
inspection should be completed within ten years of installation.  Thus,
EPA estimates that, on average, 6,207 tanks (31,033/5 = 6,207) will
undergo the required five-year inspection each year during the period
covered by this ICR.  Owners and operators of lined tanks also are
expected to maintain inspection records for all tanks that have an
internal lining to meet corrosion protection requirements.

	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 $1,410, which includes a $1,305 contractor
fee for conducting the inspection and $105 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., 620,667 x 0.05 = 31,033
USTs) are sold each year.  Owners and operators selling an UST must
inform the buyer of his or her notification obligations.

(a3)	General Operating Requirements

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

	In addition, owners and operators of steel USTs with cathodic
protection are required to have their cathodic protection systems tested
within six months of installation, once every three years thereafter,
and within six months of the repair of any cathodically protected
system.  EPA estimates that, each year, approximately 45 percent of
existing and new USTs (i.e., 0.45 x (620,667 + 8,500) = 283,125) will be
protected by cathodic systems.  Thus, EPA estimates that, on average,
94,375 tanks (i.e., 283,125/3 = 94,375) will undergo the required
three-year inspection each year during the three-year period covered by
this ICR. EPA further estimates that, on average, three percent of new
and existing USTs with cathodically protected systems (i.e., 283,125 x
0.03 = 8,494) will have their cathodic protection system tested within
six months of repair.  Together EPA estimates that, on average, 102,869
new and existing USTs (i.e., 94,375 + 8,494 = 102,869) will be inspected
each year during the three-year period covered by this ICR.

	EPA estimates that of the 283,125 USTs with cathodic protection, 70
percent (198,188 USTs) will be protected by sacrificial anode cathodic
systems and 30 percent (84,938 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 192,312
activities (i.e., (84,938 USTs/2.65 USTs per facility) x 6 = 192,312)
will be conducted each year.

	Facilities will have to maintain records of all cathodic protection
system tests conducted for each UST with cathodic protection over the
three-year period covered in this ICR (i.e., 102,869 USTs).  In
addition, facilities with USTs protected by impressed current cathodic
systems will have to maintain the results of the last three facility
inspections of the cathodic protection equipment (i.e., (3/6) x 192,312
= 96,156).  Thus, facilities will have to maintain a total of 199,025
records (i.e., 102,869 + 96,156 = 199,025) associated with the
inspection of cathodic protection systems.

	EPA expects facilities to incur O&M costs through the use of certified
contractors paid to test tanks’ cathodic protection 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 three percent of USTs
will be repaired each year, for a total of 18,875 annual repairs (i.e.,
0.03 x (620,667 + 8,500) = 18,875).  Approximately 20 percent of
repaired USTs will also have tightness test conducted (i.e., 0.2 x
18,875=3,775).  EPA believes that tank owners and operators will incur
additional O&M costs for tank and line inspections associated with
tightness testing.  The O&M cost for tightness testing is $505, which
includes a $400 contractor fee for performing the test and $105 to cover
the cost of the tank being out-of-service for one day (i.e., lost
profit).

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

(a4)	Release Detection

	Owners and operators must have a compliant leak detection system
installed at each UST. Section 280.43 describes acceptable methods and
required maintenance activities.  Owners and operators must record the
results of tests or measurements at prescribed intervals.  Table 4
presents EPA’s estimates of the number of owners and operators
choosing each detection system option and the information collection
requirements associated with each option.

	All 3,200 owners and operators of new UST facilities are expected to
read the release detection regulations.  

	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.  Thus, EPA expects that, each year, facilities will
perform tank tightness testing on 31,458 USTs with an inventory control
system (i.e., 157, 292/5 = 31,458) and 11,325 USTs with a manual tank
gauging with tank tightness testing system (i.e., 56,625/5 = 11,325). 
EPA estimates that facilities will incur contractor-related O&M costs of
$505 for the cost of performing each tank tightness test.  This O&M cost
includes a $400 contractor fee for performing the test and $105 to cover
the cost of the tank being out-of-service for one day (i.e., lost
profit).

	Those facilities that choose to comply with release detection
requirements by using either vapor monitoring, groundwater monitoring,
or interstitial monitoring methods will incur capital costs for
monitoring equipment.  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.  The cost of a groundwater
monitoring system is estimated at $469 per facility.  The cost of an
interstitial monitoring system (control box with sensors), including
installation costs, is approximately $384 per tank.  Maintenance of the
monitoring sensors is not considered a significant cost because
maintenance of the sensors is inexpensive.			

 

	EPA estimates that 90 percent of facilities use pressurized piping
delivery systems. These facilities are expected to use line leak
detectors to detect catastrophic releases from piping.  Thus, facilities
are expected to conduct an annual line leak detector test for
operability on 566,250 tanks (i.e., 0.90 x (620,667 + 8,500) = 566,250).
 The cost of purchasing line leak detectors is not burdened in this ICR,
since the use of these devices is considered a standard business
practice.  EPA estimates that 40 percent of facilities use line
tightness testing to detect releases from piping.  These facilities are
expected to conduct an annual line tightness test on 251,667 tanks
(i.e., 0.40 x (620,667 + 8,500) = 251,667). 

	EPA expects that each year, an average of 237,533 UST facilities (i.e.,
234,333 existing facilities + 3,200 new facilities = 237,533 facilities)
will maintain records of their test and measurement results, regardless
of the release detection method used.

(a5)	Release Reporting, Investigation, and Confirmation

	EPA estimates that each year, all 3,200 new UST owners and operators
will read the regulations.  EPA also estimates that each year, 12,500
owners and operators will suspect that a release has occurred from one
of their USTs.  These owners and operators will gather information and
submit a report on the suspected release.  EPA estimates that 60 percent
of these owners or operators (i.e., 0.60 x 12,500 = 7,500) will
determine that a release has indeed occurred.

								

	When characterizing a suspected leak, EPA believes that facilities will
incur contractor-related O&M costs associated with basic soil
characterization work and lab analysis activities.

(a6)	Release Response and Corrective Action for UST Systems Containing
Petroleum or Hazardous Substances

	EPA estimates that each year, all 3,200 new UST owners and operators
will read the regulations on release response.  All 7,500 facilities
confirming a release 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 (i.e., 0.20 x 7,500 = 1,500 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 75 percent of
facilities with confirmed releases (i.e., 0.75 x 7,500 = 5,625
facilities) will demonstrate that soil and groundwater investigations
are warranted.  These facilities are expected to gather information and
prepare and submit a report.  Facilities will incur further
contractor-related O&M costs preparing soil and groundwater
investigation reports.  Additional characterization work could be
required depending on the scope of the release and the geology of the
site.

	EPA estimates that initial investigations at 60 percent of facilities
with confirmed releases (i.e., 0.60 x 7,500 = 4,500 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 



Table 4

Leak Detection Systems Installed at USTs

UST Leak Detection System	Estimated Percent of USTs Using System a, b
Estimated Number of USTs Using System c	Associated Information
Collection Requirement(s) and Collection Frequencies

Inventory control and tightness testing	25d	157,292	Record daily
inventory volume measurements (standard business practice; therefore,
there is no incremental labor burden); record monthly water level
measurements (standard business practice; there is no incremental labor
burden)

Manual tank gauging with tank tightness testing	9	56,625

	Record two consecutive weekly tank liquid level measurements, taken at
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)	5	31,458
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	66	415,250	Record results of monthly automatic
product level monitoring; record results of daily inventory control
tests (automated activity; therefore there is no incremental labor
burden)

Vapor monitoring	4	25,167	Record results of monthly vapor monitoring
[9,497 facilities  (25.167 USTs/2.65 USTs per facility)]

Groundwater monitoring	4	25,167	Record results of monthly groundwater
monitoring [9,497 facilities  (25,167 USTs/2.65 USTs per facility)]

Interstitial monitoring	35d	220,208	Record results of monthly
interstitial monitoring 

Other method (e.g. statistical inventory reconciliation)	20	125,833	No
activities specified in the Federal regulations.  However, the
implementing agency may specify certain activities to be conducted by
owner or operator (e.g., record test results).

Leak Detection System for Piping



	Line Leak Detectors (LLDs)e	90d	566,250	Conduct annual test of the
operation of the automatic line leak detection test and record results
(i.e., 0.9 x (620,667 existing USTs + 8,500 new USTs))

Line Tightness Testing (LTT)	40d	251,617	Conduct annual line tightness
test and record results (i.e., 0.40 x (620,667 existing USTs + 8,500 new
USTs))

a  Based on results of a 2003 Petroleum Equipment Institute (PEI)
survey, unless otherwise noted.

b  Total will add up to more than 100%, since multiple release detection
systems can be used in the same UST system.

c  Numbers include rounding error.

d  Based on EPA’s best professional judgment. 

action implementation.  EPA estimates that 10 percent of these
facilities (i.e., 0.10 x 4,500 = 450 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.

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

	EPA estimates that each year, 6,226 owners and operators of all closing
facilities (i.e., 16,500 / 2.65 USTs per facility = 6,226) will read the
out-of-service UST systems and closure regulations.  

	EPA estimates that owners and operators will close 16,500 USTs each
year (see Table 2).  Owners of these USTs must notify the 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 for 25 percent of these USTs, owners and operators will
not be able to maintain the records on site for each UST closure.  These
owners and operators must mail closure records for 4,125 USTs (i.e.,
0.25 x 16,500 = 4,125) to the implementing agency each year.

(a8)	Financial Responsibility

	EPA estimates that each year, all 8,500 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.
According to recent EPA data, approximately 70 percent of UST facilities
(i.e., 0.70 x 237,533 = 166,273facilities) demonstrate financial
responsibility through a State fund or other State assurance, with the
remaining 30 percent of owners and operators (i.e., 0.30 x 237,533 =
71,259 facilities) using one or more of the other mechanisms described
in 40 CFR Part 280, Subpart H.  All 237,533 facilities will have to
perform the respondent activities associated with their financial
responsibility mechanism, as 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 7,500 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
(i.e., 0.05 x 237,533 = 11,877 facilities) to update the certification
each year to reflect changes in their financial assurance mechanism. 

	EPA estimates that providers of financial assurance will cancel or fail
to renew policies at two percent of UST facilities (i.e., 0.02 x 237,533
= 4,751 facilities) each year.  EPA also estimates that ten percent of
those owners or operators experiencing a cancellation or non-renewal
(i.e., 0.10 x 4,751 = 475 facilities) will be unable to obtain
alternative financial coverage within 60 days and will notify the
implementing agency of such failure.

	

EPA estimates that each year an additional one percent of UST facilities
(i.e., 0.01 x 237,533 = 2,375 facilities) will experience a disruption
in financial coverage due to the bankruptcy of their financial provider.
 EPA estimates that ten percent of those owners or operators
experiencing such a disruption (i.e., 0.10 x 2,375 = 238 facilities)
will be unable to obtain alternative financial coverage within 60 days
and will notify the implementing agency of such failure.

(2)	State Program Approval Procedures		

	40 CFR Part 281 outlines procedures that States must follow to obtain
approval to implement their own UST program in lieu of the Federal
program.  Based on recent program data, EPA estimates that approximately
two States and territories will apply for State program approval over
the next three years.

	The two States applying for State program approval between 2008 and
2010 must submit an application to EPA for review under section 281.50. 
The application includes a transmittal letter, a description of the
State program, information on enforcement procedures, a memorandum of
agreement with EPA, an Attorney General's statement, and copies of State
statutes and regulations. These States must also allow for public notice
and comment on their efforts to develop their underground storage tank
programs.  

	All approved programs must maintain files and current information on
program administration.  Additionally, as there are currently 38
approved programs, an average of 40 programs (i.e., (39 + 40 + 40)/3),
assuming that two programs receive program approval between 2008-2010
will maintain files on program administration.  Finally, EPA estimates
that one State per year will be asked to submit this information.

	Because of the Energy Policy Act of 2005, EPA expects that several
states will be submitting revised State program applications over the
next three years.  EPA estimates that three revised applications will be
submitted in 2008, five in 2009, and eight in 2010.  EPA does not expect
any States to withdraw or transfer portions of their programs. 

	Respondent burden hours and costs for the activities burdened under
this ICR are shown in Exhibits 1 and 2 on the following pages. The
burden and cost for Agency activities are shown in Exhibits 3 and 4. 

















6(e) 	Bottom Line Hour and Cost Burden  TC \l2 "	6(e)	Bottom Line Hour
and Cost Burden 

(1)	Respondent Tally

	Exhibit 5 summarizes the total annual hour and cost burden to UST
owners and operators and to States (as respondents seeking program
approval or program revision).  As shown in the exhibit, EPA estimates
the annual respondent burden to be approximately 5.96 million hours and
$743 million.  The bottom line burden to respondents over three years is
estimated to be approximately 17.9 million hours and $2,230 million.

 

(2) 	Agency Tally

	Exhibit 6 summarizes the total annual Agency hour and cost burden
associated with all of the requirements covered in this ICR.  As shown
in the exhibit, EPA estimates the annual Agency burden to be
approximately 0.43 million hours and $16.62 million.  The bottom line
burden to the Agency over three years is estimated to be approximately
1.29 million hours and $49.87 million.						

 



6(f)	Reasons for Change in Burden  TC \l2 "             6(f)	Reasons for
Change in Burden 

	This ICR presents a comprehensive description of the total annual
respondent burden for all information collection activities related to
the UST program.  In renewing this ICR, EPA has updated its respondent
universe and burden estimates based on updated data from the Office of
Underground Storage Tanks (OUST) and the regulated community.  Because
of these updated data, the total annual hourly burden to respondents has
decreased from the previous ICR by 163,020 hours (from 6,132,237
hours/year to 5,969,217 hours/year).  

6(g)	Burden Statement  TC \l2 "	6(g)    Burden Statement 

	Exhibit 7 presents the average annual respondent hourly burden for each
UST facility and for each State with a Federally-approved UST program,
applying for program approval, or undergoing program modification.  For
UST facilities, as shown in the exhibit, the total hourly burden for
conducting the activities covered in this ICR is estimated to average
approximately 25 hours per respondent annually.  The reporting burden is
estimated to average 17 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 eight
hours per respondent per year.  This estimate includes time for
gathering information and for developing and maintaining records.  The
burden for third party disclosure is estimated to average .16 hours per
respondent per year. This estimate includes time to notify a purchaser
of an UST of the owner’s notification obligations.

	For States applying for program approval and program revision and for
States with approved programs, the total hourly burden is estimated to
average approximately 28 hours per State annually.  The reporting burden
is estimated to average approximately 15 hours per respondent per year. 
This estimate includes time for preparing and submitting an application
and associated information.  The recordkeeping burden is estimated to
average approximately 13.5 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.   

	

	To comment on the Agency’s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-UST-2007-0494, which is available for public viewing at the UST
Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave., NW, Washington, DC.  The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.  The telephone number for the Reading Room is
(202) 566-1744, and the telephone number for the UST Docket is (202)
566-0270.  An electronic version of the public docket is available
through Regulations.gov at   HYPERLINK
"http://www.regulations.gov/fdmspublic/component/main" 
http://www.regulations.gov/fdmspublic/component/main . Use
Regulations.gov to submit or view public comments, access the index
listing of the contents of the public docket, and to access those
documents in the public docket that are available electronically.  Once
in the system, select “Search for Dockets,” then key in the docket
ID number identified above (EPA-HQ-UST-2007-0494).  Comments can also be
sent to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street, NW, Washington, DC 20503,
Attention:  Desk Office for EPA.  Please include the EPA Docket ID No.
EPA-HQ-UST-2007-0494.

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

	  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).

	  If an UST system meets the performance standards in section 280.20 or
280.21, 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 ten 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.

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

	  Tank tightness testing may be used in conjunction with inventory
control or manual tank gauging (see previous footnotes).

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

	  Ibid.

	  Based on program experience, EPA believes that approximately 90
percent of the lines are pressurized and ten percent are suction lines. 
However, EPA was unable to estimate the number of suction lines which
require leak detection monitoring and use three-year line tightness
testing.  Therefore, this ICR assumes that all lines used are
pressurized piping for line tightness testing calculations.  Because
suction lines do not have to comply with certain leak detection
requirements, this ICR overestimates the burden for this section.

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

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

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

  U.S. Department of Labor. Bureau of Labor Statistics (BLS). Employer
costs per hour worked for employee compensation and costs as a percent
of total compensation: Private industry workers, by occupational group
and full-time and part-time status (March 2007); available from < 
HYPERLINK "http://www.bls.gov/news.release/ecec.t11.htm" 
http://www.bls.gov/news.release/ecec.t11.htm >; accessed 15 August 2007.

  BLS. Occupational employment and wages – 23-1011 Lawyers [see
“National estimates for this occupation”, “mean hourly wage”]
(May 2006); available from <  HYPERLINK
"http://www.bls.gov/oes/current/oes_nat.htm" 
http://www.bls.gov/oes/current/oes_nat.htm >; accessed 15 August 2007. 

  The 2007 Employment Cost Index (ECI) is 1.1 percent (wages and
salaries for private industry). BLS. News release: Employment Cost Index
(March 2007) [see Table A]; available from <  HYPERLINK
"http://www.bls.gov/news.release/archives/eci_04272007.pdf" 
http://www.bls.gov/news.release/archives/eci_04272007.pdf >. 

 Contractor costs for legal staff were not estimated; no legal work is
expected to be performed by contractors.

  The total wage rate is composed of direct wages and salaries and
employee benefits, as reported by BLS. 

  EPA. Estimating Costs for the Economic Benefits of RCRA Noncompliance
[see section 1.2.1] (1997); available from <  HYPERLINK
"http://www.epa.gov/epaoswer/hazwaste/gener/f006/s0004.pdf" 
http://www.epa.gov/epaoswer/hazwaste/gener/f006/s0004.pdf >; accessed 15
August 2007. 

  BLS. News release: Employer costs for employee compensation [see Table
4] (March 2007); available from <  HYPERLINK
"http://www.bls.gov/news.release/pdf/ecec.pdf" 
http://www.bls.gov/news.release/pdf/ecec.pdf >; accessed 15 August 2007.


  U.S. Office of Personnel Management. Salary Table 2007 – GS (January
2007); available from: <  HYPERLINK
"http://www.opm.gov/oca/07tables/html/gs.asp" 
http://www.opm.gov/oca/07tables/html/gs.asp >; accessed 15 July 2007. 

  This ICR does not burden the required ten-year inspection after
installation due to lack of sufficient data. However, because the
calculation procedure used to estimate burden for conducting the
required five-year inspection does not exactly correspond with the
actual five-year inspection cycle for most USTs (i.e., USTs that
underwent the required ten-year inspection in 2006 would not need to
obtain their first five-year inspection until 2011), this results in a
slight overestimate of total burden for design, construction,
installation, and notification activities for UST systems.

	  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.

	  Based on EPA’s best professional judgment.

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

	  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.

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

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

	  EPA expects that all tanks will be tested every five years because
the 1998 deadline required the shutdown of all tanks for which annual
testing is required. 

	  Capital costs were annualized over 20 years (i.e., the expected life
of equipment) using OMB’s approved discount rate of seven percent (OMB
Circular A-94).

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

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

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

  Refer to footnote eight on page 20 for related information. 

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

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

	  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 the 3,200 new UST facilities
each year.

  As of April 2007, 36 States and the District of Columbia and the
Commonwealth of Puerto Rico have approved programs.

 PAGE   

								                                                                
           PAGE  50 

								                                                                
           PAGE  57 

             															                                     PAGE 
71 

									                                     PAGE  74 

