  SEQ CHAPTER \h \r 1 SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 1360.12

“UNDERGROUND STORAGE TANKS:  TECHNICAL AND FINANCIAL

REQUIREMENTS, AND STATE PROGRAM APPROVAL PROCEDURES”

February 2011

TABLE OF CONTENTS

  TOC \o "1-2" \h \z \u  \* MERGEFORMAT  

  HYPERLINK \l "_Toc276471985"  1.	IDENTIFICATION OF THE INFORMATION
COLLECTION	  PAGEREF _Toc276471985 \h  1  

  HYPERLINK \l "_Toc276471986"  1(a)	Title and Number of the Information
Collection	  PAGEREF _Toc276471986 \h  1  

  HYPERLINK \l "_Toc276471987"  1(b)	Short Characterization	  PAGEREF
_Toc276471987 \h  1  

  HYPERLINK \l "_Toc276471988"  2.	NEED FOR AND USE OF THE COLLECTION	 
PAGEREF _Toc276471988 \h  6  

  HYPERLINK \l "_Toc276471989"  2(a)	Need and Authority for the
Collection	  PAGEREF _Toc276471989 \h  6  

  HYPERLINK \l "_Toc276471990"  2(b)	Practical Utility and Users of the
Data	  PAGEREF _Toc276471990 \h  7  

  HYPERLINK \l "_Toc276471991"  3.	NONDUPLICATION, CONSULTATIONS, AND
OTHER COLLECTION CRITERIA	  PAGEREF _Toc276471991 \h  8  

  HYPERLINK \l "_Toc276471992"  3(a)	Nonduplication	  PAGEREF
_Toc276471992 \h  8  

  HYPERLINK \l "_Toc276471993"  3(b)	Public Notice	  PAGEREF
_Toc276471993 \h  8  

  HYPERLINK \l "_Toc276471994"  3(c)	Consultations	  PAGEREF
_Toc276471994 \h  8  

  HYPERLINK \l "_Toc276471995"  3(d)	Effects of Less Frequent Collection
  PAGEREF _Toc276471995 \h  9  

  HYPERLINK \l "_Toc276471996"  3(e)	General Guidelines	  PAGEREF
_Toc276471996 \h  9  

  HYPERLINK \l "_Toc276471997"  3(f)	Confidentiality	  PAGEREF
_Toc276471997 \h  9  

  HYPERLINK \l "_Toc276471998"  3(g)	Sensitive Questions	  PAGEREF
_Toc276471998 \h  9  

  HYPERLINK \l "_Toc276471999"  4.	THE RESPONDENTS AND THE INFORMATION
REQUESTED	  PAGEREF _Toc276471999 \h  9  

  HYPERLINK \l "_Toc276472000"  4(a)	Respondents and SIC/NAICS Codes	 
PAGEREF _Toc276472000 \h  9  

  HYPERLINK \l "_Toc276472001"  4(b)	Information Requested	  PAGEREF
_Toc276472001 \h  12  

  HYPERLINK \l "_Toc276472002"  5.	THE INFORMATION COLLECTED – AGENCY
ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT	  PAGEREF
_Toc276472002 \h  41  

  HYPERLINK \l "_Toc276472003"  5(a)	Agency Activities	  PAGEREF
_Toc276472003 \h  41  

  HYPERLINK \l "_Toc276472004"  5(b)	Collection Methodology and
Management	  PAGEREF _Toc276472004 \h  42  

  HYPERLINK \l "_Toc276472005"  5(c)	Small Entity Flexibility	  PAGEREF
_Toc276472005 \h  42  

  HYPERLINK \l "_Toc276472006"  5(d)	Collection Schedule	  PAGEREF
_Toc276472006 \h  42  

  HYPERLINK \l "_Toc276472007"  6.	ESTIMATING THE HOUR AND COST BURDEN
OF THE COLLECTION	  PAGEREF _Toc276472007 \h  43  

  HYPERLINK \l "_Toc276472008"  6(a)	Estimating Respondent Hours	 
PAGEREF _Toc276472008 \h  43  

  HYPERLINK \l "_Toc276472009"  6(b)	Estimating Respondent Costs	 
PAGEREF _Toc276472009 \h  44  

  HYPERLINK \l "_Toc276472010"  6(c)	Estimating Agency Hour and Cost
Burden	  PAGEREF _Toc276472010 \h  46  

  HYPERLINK \l "_Toc276472011"  6(d)	Estimating the Respondent Universe
and Total Hour and Cost Burden	  PAGEREF _Toc276472011 \h  46  

  HYPERLINK \l "_Toc276472012"  6(e) 	Bottom Line Hour and Cost Burden	 
PAGEREF _Toc276472012 \h  67  

  HYPERLINK \l "_Toc276472013"  6(f)	Reasons for Change in Burden	 
PAGEREF _Toc276472013 \h  67  

  HYPERLINK \l "_Toc276472014"  6(g)	Burden Statement	  PAGEREF
_Toc276472014 \h  68  

  

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title and Number of the Information Collection

This Information Collection Request (ICR) is entitled “Underground
Storage Tanks:  Technical and Financial Requirements, and State Program
Approval Procedures,” EPA ICR Number 1360.12.

1(b)	Short Characterization

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

This ICR examines the UST information collection requirements of 40 CFR
Parts 280 and 281.  Sections 1 through 5 of the ICR describe the
information collection requirements (e.g., in regard to need and use of
the information collected).  Section 6 estimates the annual hour and
cost burden to respondents and the Agency under these requirements.  The
ICR presents all 40 CFR Part 280 requirements under the heading
“Technical and Financial Responsibility Requirements” and all 40 CFR
Part 281 requirements under the heading “State Program Approval
Procedures.”

(1) 	Technical and Financial Responsibility Requirements

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

Program scope and interim prohibition;

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

General operating requirements;

Release detection;  

Release reporting, investigation, and confirmation;

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

Out-of-service UST systems and closure; and

Financial responsibility.

The technical and financial responsibility requirements for owners and
operators of USTs are found in 40 CFR Part 280.  A brief summary of the
information collection requirements associated with each UST regulation
is provided below.  A more specific discussion of the data items and
respondent activities associated with each of the information collection
requirements is presented in section 4(b) of this ICR.

   

(a)  	Program Scope and Interim Prohibition

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

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

EPA promulgated the performance standards for new and existing UST
systems at 40 CFR Part 280, Subpart B.  Sections 280.20(a) and (b)
require USTs to have corrosion protection unless a corrosion expert has
determined that the site is not corrosive enough to cause the UST system
to have a release due to corrosion during its operating life.  Section
280.20(e) requires owners and operators to install systems properly, and
complete and submit certification information.  Section 280.21 requires
periodic inspection of internally lined tanks.  Section 280.22 requires
owners and operators to provide notification for all new UST systems. 
Information collection requirements associated with design,
construction, installation, and inspection are contained in the
following CFR sections: 

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

Certification of Installation (§280.20(e));

Interior Lining ((§280.21(b)(1)); and

Notification Requirements (§280.22).

(c)	General Operating Requirements

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

Operation and Maintenance of Corrosion Protection (§280.31);

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

Reporting (§280.34(a));

Recordkeeping (§280.34(b)); and

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

(d)	Release Detection

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

Release Detection for Tanks (§280.43);

Release Detection for Piping (§280.44); and

Release Detection Recordkeeping (§280.45).

(e)	Release Reporting, Investigation, and Confirmation

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

Reporting of Suspected Releases (§280.50); and

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

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

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

Initial Response (§280.61(a));

Initial Abatement Measures and Site Check (§280.62(b));

Initial Site Characterization (§280.63);

Free Product Removal (§280.64);

Investigations for Soil and Groundwater Cleanup (§280.65); and

Corrective Action Plan (§280.66).

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

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

 

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

Closure Records (§280.74).

(h)	Financial Responsibility

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

 

Financial Test of Self-Insurance (§280.95(b) or (c));

Guarantee (§280.96);

Insurance and Risk Retention Group Coverage (§280.97);

Surety Bond (§280.98);

Letter of Credit (§280.99);

Use of State-Required Mechanism (§280.100);

State Fund or Other State Assurance (§280.101);

Trust Fund (§280.102);

Standby Trust Fund (§280.103);

Local Government Bond Rating Test (§280.104);

Local Government Financial Test (§280.105);

Local Government Guarantee (§280.106);

Local Government Fund (§280.107);

Substitution of Financial Assurance Mechanisms by Owner or Operator
(§280.108);

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

Reporting by Owner or Operator (§280.110);

Recordkeeping (§280.111);

Drawing on Financial Assurance Mechanisms (§280.112); and

Bankruptcy or Other Incapacity (§280.114).

			

(2)	State Program Approval Procedures

Under the authority of section 9004 of RCRA, EPA developed procedures
for states to use when applying for approval to implement a state
program in lieu of the federal program.  EPA promulgated these
regulations at 40 CFR Part 281.  The following subparts contain
information collection requirements:

Components of a Program Application (Subpart B);

Adequate Enforcement of Compliance (Subpart D);

Approval Procedures (Subpart E); and

Withdrawal of Approval of State Programs (Subpart F).

A brief summary of the information collection requirements associated
with the state program approval process is provided below.  A more
specific discussion of the data items and respondent activities
associated with each of the information collection requirements is
presented in section 4(b) of this ICR.

(a)	Components of a Program Application 

EPA promulgated state program application information requirements at 40
CFR Part 281, Subpart B.  A state must gather information, and develop
and submit a program application to EPA for review.  The application
process includes obtaining information from the governor and attorney
general, and preparing a description of the program.  The information
collection requirements associated with applying for state program
approval are contained in the following CFR sections:      

 

Transmittal Letter (§281.20(a));

Description of State Program (§§281.20(b) and 281.21);

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

Memorandum of Agreement (§§281.20(e) and 281.24);

Attorney General’s Statement (§§281.20(f) and 281.25); and

Copies of Statutes and Regulations (§281.20(g)).

(b)	Adequate Enforcement of Compliance

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

	(c)	Approval Procedures

EPA promulgated approval procedure requirements at 40 CFR Part 281,
Subpart E.  Section 281.50(b) specifies that all states seeking approval
to implement a state program in lieu of the federal program must issue a
notice for public comment indicating that the state is developing its
tank program.  

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

(d)	Withdrawal of Approval of State Programs

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

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need and Authority for the Collection

This section describes the need and authority for each type of
information collection analyzed in this ICR.  The ICR covers all aspects
of management of UST, owner and operator duties, and states submitting
their own programs for approval, to be administered in lieu of the
federal UST program.  This data collection is critical for detecting
releases from leaking UST systems, spills, and overfills.  The UST
reporting and recordkeeping requirements are intended to yield valuable
information on UST systems and to ensure prompt action when releases are
detected.  

(1)	Technical and Financial Responsibility Requirements

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

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

  

Section 9003(d) of RCRA, as amended, requires that EPA promulgate
regulations for demonstrating financial responsibility for taking
corrective action and compensating third parties for bodily injury and
property damage caused by sudden and nonsudden accidental releases from
USTs.  In order to comply with the regulations, private owners and
operators and local government owners and operators must demonstrate
financial responsibility using one or a combination of the mechanisms
specified at 40 CFR Part 280, Subpart H.  The need for financial
responsibility for corrective action and third party liability is
evidenced by numerous instances of environmental damage resulting from
regulated substances being released from tanks.  EPA requires this
reporting and recordkeeping to ensure the financial ability of owners
and operators of USTs to remediate or pay for damages resulting from
releases.

(2)	State Program Approval Procedures

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

EPA needs to collect this information to determine whether a state
program can sufficiently protect human health and the environment.  A
state must prove that it has the ability to enforce its UST regulations
relating to tank management and operations as well as releases.

2(b)	Practical Utility and Users of the Data

(1)	Technical and Financial Responsibility Requirements

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

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

(2)	State Program Approval Procedures

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

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Nonduplication

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

3(b)	Public Notice

In compliance with the Paperwork Reduction Act of 1995, EPA issued a
60-day public notice in the Federal Register on August 10, 2010 (Volume
75, Number 153, Pages 48325-48327).  The public comment period ended on
October 12, 2010.  No comments were received during the comment period. 
The public will have a second chance to comment when the ICR is
submitted to the Office of Management and Budget (OMB).

3(c)	Consultations

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

Name of Organization	Name of Contact Person	Telephone Number

Industry

Ami Adini & Associates	Larry Witwer	323-913-4073

Cobb Environmental and Technical Services	Brian Cobb	662-841-0995

ECS Mid-Atlantic	Adam Meurer	434-973-3232

SCS Engineers	Scott Mortimer	804-378-7440

States 

Missouri Department of Natural Resources, Hazardous Waste Program	Laura
Luther	573-751-6822

Nebraska State Fire Marshal, Fuels Safety Division	Clark Conklin
402-471-9467

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

3(d)	Effects of Less Frequent Collection

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

3(e)	General Guidelines

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

3(f)	Confidentiality

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

3(g)	Sensitive Questions

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

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents and SIC/NAICS Codes

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



SIC Code	SIC Code Description	NAICS Code	NAICS Code Description

2819	Industrial Inorganic Chemicals	211112	Natural Gas Liquid Extraction



325998	All Other Miscellaneous Chemical Product and Preparation
Manufacturing



331311	Alumina Refining



325131	Inorganic Dye and Pigment Manufacturing



325188	All Other Basic Inorganic Chemical Manufacturing

2821	Plastics Materials and Resins	325211	Plastics Material and Resin
Manufacturing

2851	Paints and Allied Products	325510	Paint and Coating Manufacturing

2869	Industrial Organic Chemicals	325110	Petrochemical Manufacturing



325188	All Other Basic Inorganic Chemical Manufacturing



325193	Ethyl Alcohol Manufacturing



325120	Industrial Gas Manufacturing



325199	All Other Basic Organic Chemical Manufacturing

2899	Chemical Preparations	325510	Paint and Coating Manufacturing



311942	Spice and Extract Manufacturing



325199	All Other Basic Organic Chemical Manufacturing



325998	All Other Miscellaneous Chemical Product and Preparation
Manufacturing

2911	Petroleum Refining	324110	Petroleum Refineries

3599	Industrial Machinery	336399	All Other Motor Vehicle Parts
Manufacturing



332999	All Other Miscellaneous Fabricated Metal Product Manufacturing



333319	Other Commercial and Service Industry Machinery Manufacturing



332710	Machine Shops



333999	All Other Miscellaneous General Purpose Machinery Manufacturing

3714	Motor Vehicle Parts and Accessories	336211	Motor Vehicle Body
Manufacturing



336312	Gasoline Engine and Engine Parts Manufacturing



336322	Other Motor Vehicle Electrical and Electronic Equipment
Manufacturing



336330	Motor Vehicle Steering and Suspension Components (except Spring)
Manufacturing



336340	Motor Vehicle Brake System Manufacturing



336350	Motor Vehicle Transmission and Power Train Parts Manufacturing



336399	All Other Motor Vehicle Parts Manufacturing

4212	Local Trucking Without Storage	562112	Hazardous Waste Collection



562119	Other Waste Collection



484110	General Freight Trucking, Local



484210	Used Household and Office Goods Moving



484220	Specialized Freight (except Used Goods) Trucking, Local

4911	Electric Services	221111	Hydroelectric Power Generation



221112	Fossil Fuel Electric Power Generation



221113	Nuclear Electric Power Generation



221119	Other Electric Power Generation



221121	Electric Bulk Power Transmission and Control



221122	Electric Power Distribution



486210	Pipeline Transportation of Natural Gas

5171	Petroleum Bulk Stations and Terminals	454311	Heating Oil Dealers



454312	Liquefied Petroleum Gas (Bottled Gas) Dealers



424710	Petroleum Bulk Stations and Terminals

5511	New and Used Car Dealers	441110	New Car Dealers

5541	Gasoline Service Stations	447110	Gasoline Stations with Convenience
Store



447190	Other Gasoline Stations

7538	General Automotive Repair Shops	811111	General Automotive Repair



4(b)	Information Requested

In the following paragraphs, EPA describes the UST technical and
financial responsibility requirements and the state program approval
application requirements contained at 40 CFR Parts 280 and 281,
respectively.

(1)	Technical and Financial Responsibility Requirements

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

Program Scope and Interim Prohibition (Subpart A);

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

General Operating Requirements (Subpart C);

Release Detection (Subpart D);

Release Reporting, Investigation and Confirmation (Subpart E);

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

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

Financial Responsibility (Subpart H).

(a)	Program Scope and Interim Prohibition

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

(i)	Data Items:

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

(ii)	Respondent Activities:

Have a corrosion expert inspect the site; and

Maintain the records demonstrating compliance.

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

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

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

(i)	Data Items:

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

(ii)	Respondent Activities:

Have a corrosion expert inspect the site; and

Maintain the records demonstrating compliance.

(b2)	Certification of Installation

Section 280.20(e) requires owners and operators to ensure that tanks and
piping were installed properly through certification, testing, or
inspection.  Owners and operators must demonstrate compliance of proper
installation methods by providing a certification of compliance on the
UST notification form in accordance with section 280.22 (§280.20(e)).

(i)	Data Item:

Certification of compliance of proper installation.

(ii)	Respondent Activities:

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 10 years after lining
and every 5 years thereafter.  The purpose of the inspection is to
determine whether the tank is structurally sound and the lining is still
performing in accordance with original design specifications.

	Data Items:

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

	Respondent Activities:

Conduct internal tank inspection within 10 years after lining and every
5 years thereafter; and

Maintain records. 

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

	(b4)	Notification Requirements

Section 280.22 describes the notification requirements for new UST
systems.  All of the information in sections I through VII of the
notification form (see 40 CFR Part 280, Appendix I), or similar state
forms used in lieu of the form in Appendix I, must be filled out
completely (§280.22).  In addition, owners and operators selling an UST
must notify the purchaser of such tanks of the owner’s notification
obligations under section 280.22(a) (§280.22(g)).

(i)	Data Item:

Completed notification form that includes:

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 under sections 280.43,
280.44, and 280.45.  Data items and respondent activities associated
with the reporting of suspected releases are covered in the subsequent
section, “Release Reporting, Investigation, and Confirmation” (40
CFR Part 280, Subpart E).

	(d2)	Release Detection for Tanks

Section 280.43 specifies methods that UST owners and operators may use
to meet the release detection requirements for tanks at section
280.41(a).  Owners and operators are required to record results of
measurements or tests indicating whether a release has or has not
occurred.  

(i)	Data Items:

Records of inventory control, including the following:

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 measurement records to demonstrate compliance.  

(i)	Data Items:

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

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

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

(ii)	Respondent Activities:

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

Conduct and record results of an annual line tightness test; 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 hours
to the implementing agency if a release is suspected and the release
exceeds 25 gallons (or for hazardous substances that exceed the
reportable quantity), or if a smaller release cannot be cleaned up
within 24 hours.

(i)	Data Items:

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

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

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

(ii)	Respondent Activities:

Gather information on the suspected release; and

Report the suspected release.

	(e2)	Reporting and Cleanup of Spills and Overfills

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

Spill or overfill that results in a release to the environment that
exceeds 25 gallons or another reasonable amount as specified by the
implementing agency, or that causes a sheen on nearby surface water
(§280.53(a)(1)); and

Spill or overfill of a hazardous substance that equals or exceeds its
reportable quantity under CERCLA (40 CFR Part 302) (§280.53(a)(2)).

In addition, owners and operators must contain and immediately cleanup a
spill or overfill of petroleum that is less than 25 gallons or another
reasonable amount specified by the implementing agency, and a spill of a
hazardous substances that is less than the reportable quantity.  

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

(i) 	Data Items:

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

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 in accordance with section
280.62(a).

(i)	Data Item:

Report on initial abatement steps and resulting information or data.

(ii)	Respondent Activities:

Gather information during initial abatement; and

Prepare and submit a summary report of initial abatement steps.

(f3)	Initial Site Characterization

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

(i)	Data Items:

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

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

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

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

(ii)	Respondent Activities:

Gather information for the initial site characterization; and

Prepare and submit information per implementing agency instructions.

	(f4)	Free Product Removal

Section 280.64 requires owners and operators to remove free product to
the maximum extent practicable if investigations under section
280.62(a)(6) indicate that removal is warranted.  Under section
280.64(d), owners and operators must assemble information and prepare
and submit a free product removal report within 45 days after
confirmation of a release.

(i)	Data Items:

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

Estimated quantity, type, and thickness of free product observed or
measured (§280.64(d)(2));

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

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

Type of treatment applied to, and effluent quality expected from, any
discharge (§280.64(d)(5));

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

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

(ii)	Respondent Activities:

Gather information for free product removal report; and

Prepare and submit report.

	(f5)	Investigations for Soil and Groundwater Cleanup

Section 280.65 requires owners and operators to conduct investigations
of soil and groundwater if any of the following conditions exist: (1)
there is evidence that groundwater wells have been affected; (2) free
product is found; (3) there is evidence of contaminated soils in contact
with groundwater; or (4) there are potential effects of soil or
groundwater on nearby surface water and groundwater resources.  Under
section 280.65(b), owners and operators must submit information covering
the release, the release site and the area affected by the release after
investigating the impacts of the release on the soils and groundwater. 
The information must be collected and submitted within a reasonable time
established by the implementing agency if the conditions in sections
280.65(a)(1) through (4) exist.

(i)	Data Item:

Information on soil and groundwater impacts of release. 

(ii)	Respondent Activities:

Gather information from soil and groundwater cleanup investigations; and

Submit collected information.

	(f6)	Corrective Action Plan

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

(i)	Data Items:

Additional information or a corrective action plan for responding to
contaminated soils or groundwater;

Notification of commencing cleanup prior to obtaining corrective action
plan approval; and

A report on the results of implementing the plan.

(ii)	Respondent Activities:

Prepare and submit a corrective action plan or additional information;

If applicable, notify the implementing agency of early cleanup; and

Report the results of implementing the plan.

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

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

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

(i)	Data Item:

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

(ii)	Respondent Activities:

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

Conduct excavation zone assessment.

	(g2)	Closure Records

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

(i)	Data Items:

Records showing compliance with closure requirements (§280.74).

(ii)	Respondent Activities:

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

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

(h)	Financial Responsibility

(h1)	Financial Responsibility Mechanisms

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

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

	Financial Test of Self Assurance

Section 280.95 outlines the procedures for a financial test of self
assurance as a means of satisfying the financial responsibility
requirements.  Owners and operators have the option of meeting the
criteria specified in either section 280.95(b) or 280.95(c).

(i)	Data Items:

	

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

A letter signed by the Chief Financial Officer (CFO), worded exactly as
in section 280.95(d) (§280.95(b)(3)); and

Annual financial statements (§280.95(b)(4)(i)) or annual tangible net
worth statements (§280.95(b)(4)(ii)).

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

Fiscal year-end financial statements of the owner or operator, or the
guarantor, and an independent certified public accountant (CPA) report
(§280.95(c)(2));

A letter signed by the CFO, worded exactly as in section 280.95(d)
(§280.95(c)(4)); and

A special report from an independent CPA, if annual financial statements
were not submitted to the Securities and Exchange Commission, Energy
Information Administration, or Rural Electrification Administration
(§280.95(c)(5)). 

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

Reports of financial condition (§280.95(f)); and

A notification of failure to find alternate financial assurance, if the
owner or operator cannot find such assurance within 150 days of finding
that he or she cannot meet the requirements of the financial test, or
within 30 days of notice from the implementing agency (§280.95(g)).

(ii)	Respondent Activities:

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

File financial statements annually with the U.S. Securities and Exchange
Commission, Energy Information Administration, or Rural Electrification
System; or report annually the tangible net worth to Dun and Bradstreet;
and

Maintain current financial condition records.

	

Owners and operators demonstrating the financial test under section
280.95(c) must conduct the following activities:

Have an independent CPA examine financial statement and prepare a
report;

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

Obtain a special report from an independent CPA if annual financial
statements were not submitted to the SEC, Energy Information
Administration, or Rural Electrification Administration; and

Maintain current financial condition records.

Owners and operators also may have to perform the following activities:

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

Notify implementing agency within 10 days if owner or operator fails to
obtain alternative financial assurance within 150 days of discovering,
or within 30 days of being notified by the implementing agency, that he
or she no longer meets the financial test.

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

	Guarantee

Section 280.96 outlines the procedures for obtaining a guarantee as a
means of satisfying the financial responsibility requirements.

(i) 	Data Items:

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

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

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

(ii)	Respondent Activities:

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

Obtain and keep on file a guarantee from the guarantor.

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

	Insurance and Risk Retention Group Coverage

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

(i)	Data Item:

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

(ii)	Respondent Activities:

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

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

	Surety Bond

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

(i) 	Data Items:

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

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

(ii) 	Respondent Activities:

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

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

	Letter of Credit

Section 280.99 outlines the procedures for obtaining a letter of credit
as a means of satisfying the financial responsibility requirements.

(i) 	Data Items:

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

A standby trust agreement worded exactly as in section 280.103(b)
(§280.99(c)).  [The trust agreement burden is covered subsequently in
this ICR.]

(ii) 	Respondent Activities:

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

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

	Use of State-Required Mechanisms

Section 280.100 allows UST owners and operators in states without
program approval to satisfy the requirements of section 280.93 by using
a state-required financial mechanism, if approved by the EPA region. 
The owner or operator, state, or any other party may request approval.

(i) 	Data Items:

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

Copies of state statutory and regulatory requirements and amounts of
funds for coverage (§280.100(c)); and

Additional information, as deemed necessary by the region
(§280.100(c)).

(ii) 	Respondent Activities:

Prepare and submit the petition package; and

Retain a copy of the petition package.

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

	State Fund or Other State Assurance

Section 280.101 allows UST owners and operators in states without
program approval to satisfy the requirements of section 280.93 by using
a state fund or other state assurance, if approved by the EPA region. 
To satisfy the requirements of section 280.93, the owner or operator
must obtain a letter or certificate from the state.

(i) 	Data Item:

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

(ii) 	Respondent Activities:

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

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

	Trust Fund

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

(i) 	Data Items:

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

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

(ii) 	Respondent Activities:

Release report.

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

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

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

	Standby Trust Fund

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

(i) 	Data Items:

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

(ii) 	Respondent Activities:

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

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

	Local Government Bond Rating Test

Section 280.104 states that a general purpose local government owner or
operator and/or a local government as a guarantor may satisfy the
requirements of section 280.93 by having outstanding issues of bonds of
$1 million or more.

(i) 	Data Items:

A copy of the owner or operator’s bond rating of the past 12 months by
Moody’s or Standard and Poor’s (§280.104(c));

A letter from the CFO exactly as stated in section 280.104(d) for a
general purpose local government owner or operator and/or guarantor, or
as stated in section 280.104(e) for a non-general purpose local
government owner or operator and/or guarantor; and

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

(ii) 	Respondent Activities:

Maintain current copy of bond ratings;

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

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

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

	Local Government Financial Test

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

(i) 	Data Items:

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

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

(ii) 	Respondent Activities:

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

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

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

Notify implementing agency within 10 days if owner or operator fails to
obtain alternative financial assurance within 150 days of discovering,
or within 30 days of being notified by the implementing agency, that he
or she no longer meets the financial test requirements.  

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

	Local Government Guarantee

A local government owner or operator may satisfy the requirements of
section 280.93 by obtaining a guarantee as specified in section 280.106.
 The guarantor must be the state in which the local government owner or
operator is located or a local government having a “substantial
governmental relationship” with the owner of operator.

(i) 	Data Items:

A demonstration of meeting the bond rating test of section 280.104 and a
copy of the CFO letter in section 280.104(c) (§280.106(a)(1)); or

A demonstration of meeting the worksheet test requirements of section
280.105 and a copy of the CFO letter in section 280.105(c)
(§280.106(a)(2)); or

A demonstration of meeting the local government fund requirements of
section 280.107(a), 280.107(b), or 280.107(c) and a copy of the CFO
letter in section 280.107 (§280.106(a)(3));

If necessary, a notice of inability to demonstrate financial assurance
(§280.106(b)); and

Guarantee worded exactly as stated in section 280.106(d) or (e),
depending on which of the alternative guarantee arrangements is selected
(§280.106(c)).

(ii) 	Respondent Activities:

Prepare and keep on file a demonstration meeting the requirements of
section 280.104, 280.105, or 280.107(a) through (c) and a signed letter
from the CFO;

If necessary, prepare and submit a notice of inability to meet financial
assurance requirements; and

Obtain and keep on file a guarantee agreement.

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

	Local Government Fund

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

  

(i) 	Data Items:

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

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

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

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

(ii) 	Respondent Activities:

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

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

Maintain all year-end financial statements; and

Maintain documentation of the bonding authority, including either the
results of a voter referendum or attestation by the state attorney
general;

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

	Substitution of Financial Assurance Mechanisms by the Owner or Operator

Section 280.108(b) states that an owner or operator may cancel a
financial assurance mechanism after obtaining alternate financial
assurance. 

(i)	Data Item:

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

(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 10 days after commencement of
bankruptcy proceedings:

(i)	Data Items:

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

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

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

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

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

(ii)	Respondent Activities:

Prepare and submit a notification within 10 days of commencement of
bankruptcy procedures; and

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

(2)	State Program Approval Procedures

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

Components of a Program Application (Subpart B);

Adequate Enforcement of Compliance (Subpart D); 

Approval Procedures (Subpart E); and

Withdrawal of Approval of State Programs (Subpart F).

(a)	Components of a Program Application

	(a1)	Transmittal Letter

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

(i) 	Data Item:

Transmittal letter from the governor of the state requesting program
approval (§281.20(a)).

(ii) 	Respondent Activities:

	

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

Submit the letter to the implementing agency.

	(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 (MOA) concerning roles and responsibilities of
EPA and the state (§§281.24 and 281.20(e)).

(ii)	Respondent Activities:

Negotiate an MOA with EPA; and

Prepare and submit the MOA with the program application.

	(a5)	Attorney General’s Statement

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

(i) 	Data Item:

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

(ii) 	Respondent Activities:

Draft and submit the statement from the attorney general.

	(a6)	Copies of Statutes and Regulations

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

(i) 	Data Items:

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

(ii) 	Respondent Activities:

	

Research and gather statutes and regulations; and

Submit copies as a part of the application.

(b)	Adequate Enforcement and Compliance

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

(i) 	Data Item:

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

(ii) 	Respondent Activities:

Maintain files and current information on program administration; and

Submit information to EPA, if requested.

(c)	Approval Procedures

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

(i) 	Data Items:

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

(ii) 	Respondent Activities:

Issue notification; and

Receive and review public comments.

Sections 281.52(a) through (b) specifies program revision requirements
which may be initiated by either EPA or the approved state.

(i) 	Data Items:

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

A revised application, if requested by EPA.

(ii) 	Respondent Activities:

Collect and submit information on changes in regulations or shifts in
responsibilities; and

Prepare and submit revised application, if requested by EPA.

	

(d)	Withdrawal of Approval of State Programs

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

(i) 	Data Items:

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

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

(ii) 	Respondent Activities:

Gather information;

Prepare and submit transfer notification; and

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

5.	THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

The following section discusses how EPA or the implementing agency will
collect and manage the information received from respondents.  This
section also includes a discussion of how EPA has taken steps to ensure
that the information collections are not overly burdensome on small
entities.

5(a)	Agency Activities

(1)	Technical and Financial Responsibility Requirements

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

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

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

(2)	State Program Approval Procedures

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

5(b)	Collection Methodology and Management

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


5(c)	Small Entity Flexibility

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

5(d)	Collection Schedule

(1)	Technical and Financial Responsibility Requirements

EPA or the implementing agency collects information on a one-time,
on-going, or special circumstance basis.  EPA or the implementing agency
collects various types of data according to the following schedules: 

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

On-going collections:  Inspection and testing of corrosion protection;
performance of release detection; maintenance of installation,
inspection, corrosion protection, repair, release detection, and
financial responsibility records.

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

(2)	State Program Approval Procedures

States applying for program approval submit most of their information in
a one-time application, but also must submit additional information if
requested by EPA.  EPA collects all submitted information according to
the following frequency: 

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

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

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a)	Estimating Respondent Hours 

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

For certain information collection activities, Exhibit 1 presents a
burden for both the owner/operator and for any contractors hired by the
owner/operator.  For example, for the activity “Gather information”
under “Reporting of Suspected Releases (280.50),” this ICR assumes
that owner/operators will spend 5 hours associated with this information
collection activity and that contractors that bill by the hour will
spend 51 hours on this activity.  In total, the owner/operator time plus
contractor time necessary to fulfill this information collection
activity is 56 hours.

6(b)	Estimating Respondent Costs

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

	Labor Costs 

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

Table 1

Estimated Average Hourly Respondent Labor Cost, by Labor Category

Respondent	Legal	Managerial	Technical	Clerical

Facilities/Contractors	$105	$53	$29	$18

States	$76	$78	$44	$27



To obtain hourly labor costs for facilities/contractors and states, EPA
referred to May 2009 mean hourly wages provided by the Bureau of Labor
Statistics (BLS).  EPA adjusted these 2009 wages to 2010 dollars using
the BLS Employment Cost Index.  EPA then factored in the costs of fringe
benefits:  28.3 percent of total compensation for
facilities/contractors, and 39.8 percent of total compensation for
states.  EPA then added an overhead factor of 12 percent for
facilities/contractors and states.  

	Capital Costs

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

Operation and Maintenance Costs

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

Mailing costs:  EPA estimates that respondents will incur a cost of
$0.46 to mail a 1-ounce package (i.e., $0.44 for postage and $0.02 for
standard size envelope).  EPA also estimates that respondents will incur
a cost of $4.44 for mailing a larger package (i.e., 5-ounce package) by
certified mail (i.e., $1.56 for postage, $2.80 for the certified mail
fee, and $0.08 for a large envelope).

Photocopying costs:  EPA estimates that respondents will incur a cost of
$0.09 for each photocopy they make.

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

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

6(c)	Estimating Agency Hour and Cost Burden

EPA estimates the Agency hour and cost burden associated with all
information collection requirements covered in this ICR in Exhibits 3
and 4.  As shown in the exhibits, EPA estimates an average hourly labor
cost of $107.54 for legal staff (GS-15, Step 5), $68.26 for managerial
staff (GS-13, Step 1), $47.89 for technical staff (GS-11, Step 1), and
$29.12 for clerical staff (GS-6, Step 1).  To derive these hourly
estimates, EPA referred to unloaded (base) hourly rates for various
labor categories in the Federal Government from the U.S. Office of
Personnel Management.  EPA then applied the standard government loading
factor of 60 percent, which includes fringe benefits and overhead.

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

(1)	Respondent Universe

(a)	Technical and Financial Responsibility Requirements

Table 2 presents the estimated UST universe over the three years covered
by this ICR.  As shown in the table, there will be an average of 585,667
existing USTs in operation over the period covered by this ICR.  EPA
also estimates that, each year, owners and operators will close an
average of 26,000 USTs and install an average of 15,000 new USTs.  EPA
estimates that a portion of the new USTs will be installed at new
facilities (i.e., facilities that have not operated USTs in the past),
with the remainder of new USTs installed at existing UST facilities.

Table 2

Estimated UST Universe

	Year 2011	Year 2012	Year 2013	Average

Underground Storage Tanks

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

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

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

Facilities with Underground Storage Tanks a

Existing facilities	215,000	211,000	207,000	211,000

New facilities	5,000	5,000	5,000	5,000

a  Number of facilities estimated based on a ratio of 2.78 USTs per
facility (based on FY2009 data from 48 states’ public records).

(b)	State Program Approval Procedures

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

Table 3

Annual Number of States Expected to Receive 

EPA Program Approval During the Period Covered by the ICR

	Number of State Program Approvals per Year	Average Annual Number of
State Program Approvals During 2011 to 2013

	Year 2011	Year 2012	Year 2013

	State Program Approvals	1	1	0	1a

       a This number has been rounded from 0.7 to 1. 

(2)	Total Hour and Cost Burden

(a)	Technical and Financial Responsibility Requirements

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

The owners and operators of newly regulated facilities will read the
design, construction, installation, and notification regulations.  Thus,
this activity will be performed each year at an average of 5,000
facilities (see Table 2).  

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

EPA expects owners and operators to prepare and submit a certificate of
installation and a notification in a single form for a new or replaced
facility with USTs or for a new or replaced individual UST system.  EPA
estimates that 75 percent of new USTs are installed together with other
new USTs, with 2.78 USTs per facility (number of notifications = 75% *
15,000 / 2.78), and 25 percent of new USTs are installed as a single UST
at a facility (25% * 15,000). Thus, EPA expects that an average of 7,797
notifications will be submitted each year (see Table 2).  

EPA estimates that 5 percent of existing tanks (i.e., 5% * 585,667 =
29,283) have been upgraded with an internal lining to meet corrosion
protection requirements.  EPA expects all owners and operators of these
UST systems to inspect their tanks every five years.  EPA estimates that
each year 5,857 tanks (29,283 / 5 = 5,857) will undergo the required
5-year inspection.  Owners and operators of lined tanks also are
expected to maintain inspection records for all tanks that have an
internal lining to meet corrosion protection requirements.

EPA believes that tank owners and operators will incur additional O&M
costs for tank interior lining inspection.  The O&M cost for tank
interior lining inspection is $1,475, which includes a $1,365 contractor
fee for conducting the inspection and $110 to cover the cost of the tank
being out-of-service for one day (i.e., lost profit). 

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

(a3)	General Operating Requirements

EPA assumes that owners and operators of newly regulated facilities
(5,000 annually) will read the regulations on general operating
requirements.

In addition, owners and operators of steel USTs with cathodic protection
are required to have their cathodic protection systems tested within six
months of installation, once every three years thereafter and within six
months of the repair of any cathodically protected system.  EPA
estimates that 45 percent of USTs (i.e., 45% * 585,667 = 263,550) are
protected by cathodic systems.  Thus, EPA estimates that, on average,
87,850 tanks (i.e., 263,550 / 3 = 87,850) will undergo the required
three-year inspection each year during the three-year period covered by
this ICR.  EPA estimates that 5 percent of USTs will be repaired each
year.  Therefore, EPA estimates that 5 percent of USTs with cathodically
protected systems (i.e., 5% * 263,550 = 13,178) will have their cathodic
protection system tested within six months of a repair.  Together, EPA
estimates that 101,028 USTs (i.e., 87,850 + 13,178 = 101,028) will be
inspected each year during the three-year period covered by this ICR.

EPA estimates that of the 263,550 USTs with cathodic protection, 70
percent (184,485 USTs) are protected by sacrificial anode cathodic
systems and 30 percent (79,065 USTs) are protected by impressed current
cathodic systems.  Owners and operators of impressed current cathodic
systems must conduct inspections every 60 days (i.e., six times per
year).  Typically there is one impressed current system that needs to be
inspected per facility.  Therefore, EPA estimates that 179,015
inspections of impressed current cathodic systems (79,065 / 2.78 * 6 =
170,644) will be conducted each year.

Facilities have to maintain records of all cathodic protection system
inspections conducted on an every-three-years basis (i.e., 101,028
USTs).  In addition, facilities with USTs protected by impressed current
cathodic systems will have to maintain the results of the last three
facility inspections of the cathodic protection equipment (i.e., (3/6) *
170,644 = 85,322).  Thus, facilities will have to maintain a total of
186,350 records (i.e., 101,028 + 85,322 = 186,350) associated with the
inspection of cathodic protection systems.

EPA expects facilities to incur O&M costs of $267 paid to certified
contractors to test tanks’ cathodic protection system.  This ICR does
not cover the capital cost for purchasing rectifiers for impressed
current systems because such equipment is purchased as a standard
business practice to monitor tank performance. 

Owners and operators also are required to maintain records for each
repair made to an UST system.  EPA estimates that 5 percent of USTs will
be repaired each year, for a total of 29,283 annual repairs (i.e., 5% *
585,667 = 29,283).  Approximately 20 percent of repaired USTs will also
have tightness test conducted (i.e., 20% * 29,283 = 5,857).  EPA
believes that tank owners and operators will incur additional O&M costs
for tightness testing.  The O&M cost for tightness testing is $528,
which includes a $418 contractor fee for performing the test and $110 to
cover the cost of the tank being out-of-service for one day (i.e., lost
profit).

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

(a4)	Release Detection

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

All 5,000 owners and operators of new UST facilities are expected to
read the release detection regulations.  

Because the methodologies set forth under inventory control, manual tank
gauging, and automatic tank gauging (§§280.43(a) through (c)) describe
activities that UST operators perform as standard business practices,
they are not included as burdens in this ICR.  The Agency expects that
all of the facilities using inventory control and facilities using
manual tank gauging with tank tightness testing will perform the tank
tightness test every five years.  Thus, EPA expects that, each year,
facilities will perform tank tightness testing on 8,199 USTs with an
inventory control system (i.e., 40,997 / 5 = 8,199) and on 5,857 USTs
with manual tank gauging and a tank tightness testing system (i.e.,
29,283 / 5 = 5,857).  EPA estimates that facilities will incur
contractor-related O&M costs of $528 for the cost of performing each
tank tightness test.  This O&M cost includes a $418 contractor fee for
performing the test and $110 to cover the cost of the tank being
out-of-service for one day (i.e., lost profit).

Table 4

Leak Detection Systems Installed at USTs

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

Inventory control and tightness testing	7	40,997	Record daily inventory
volume measurements (standard business practice; therefore, there is no
incremental labor burden); record monthly water level measurements
(standard business practice; there is no incremental labor burden).

Manual tank gauging with tank tightness testing	5b	29,283	Record two
consecutive weekly tank liquid level measurements, taken at the
beginning and end of a minimum time period (standard business practice;
there is no incremental labor burden).

Manual tank gauging only (i.e., without tank tightness testing)	3	17,570
Record two consecutive weekly tank liquid level measurements, taken at
the beginning and end of a minimum time period (standard business
practice; there is no incremental labor burden).

Automatic tank gauging	45b	263,550	Record results of monthly automatic
product level monitoring; record results of daily inventory control
tests (automated activity; therefore there is no incremental labor
burden).

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

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

Interstitial monitoring	20b	117,133	Record results of monthly
interstitial monitoring.

Other method (e.g., statistical inventory reconciliation)	13	76,137	No
activities specified in the federal regulations.  However, the
implementing agency may specify certain activities to be conducted by
owner or operator (e.g., record test results).

Leak Detection System for Piping



	Line leak detectors	84	491,960	Conduct annual test of the operation of
the automatic line leak detection test and record results.

Line tightness testing	37	216,697	Conduct annual line tightness test and
record results.

a  Percentages are based on EPA research, except where noted.  Total
will add up to more than 100 percent, because multiple release detection
systems can be used in the same UST system.  

b  Based on EPA’s best professional judgment.

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 annualized cost of a vapor monitoring system
(control box with sensors), assuming an average of four 20-foot-deep
wells, amounts to an estimated $767 per facility.  The annualized cost
of a groundwater monitoring system is estimated at $491 per facility. 
The annualized cost of an interstitial monitoring system (control box
with sensors), including installation costs, is approximately $402 per
tank.  Maintenance of the monitoring sensors is not considered a
significant cost because maintenance of the sensors is inexpensive.

 

EPA estimates that 84 percent of USTs use line leak detectors to detect
catastrophic releases from piping.  Thus, facilities are expected to
conduct an annual line leak detector test on 491,960 tanks (i.e., 84% *
585,667 = 491,960).  The cost of purchasing line leak detectors is not
included as a burden in this ICR, because the use of these devices is
considered a standard business practice.  EPA estimates that 37 percent
of USTs use line tightness testing to detect releases from piping. 
These facilities are expected to conduct an annual line tightness test
on 216,697 tanks (i.e., 37% * 585,667 = 216,697). 

EPA expects that each year, every UST facility (average = 211,000
facilities) will maintain records of their test and measurement results,
regardless of the release detection method used.

(a5)	Release Reporting, Investigation, and Confirmation

EPA estimates that each year, all 5,000 new UST owners and operators
will read the regulations.  EPA also estimates that each year, 8,000
uncontrolled releases from USTs will be confirmed.  Assuming that 60
percent of suspected releases are confirmed, EPA estimates that every
year 13,333 owners and operators will suspect that a release has
occurred from one of their USTs.  These owners and operators will gather
information and submit a report on the suspected release.								

When characterizing a suspected leak, EPA believes that facilities will
incur contractor-related O&M costs of $2,775 associated with basic soil
characterization work and lab analysis activities.

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

EPA estimates that each year, all 5,000 new UST owners and operators
will read the regulations on release response.  Owners and operators
must provide information on all 8,000 releases.  Owners and operators of
facilities with releases also must gather information and prepare and
submit reports on initial abatement measures and initial site
characterization.  EPA assumes that facilities will incur O&M costs in
preparing a summary report of the initial abatement steps based on
information obtained from initial characterization activities.  This
activity could require additional sampling and analysis depending on the
scope of the problem.  EPA assumes that facilities will incur
contractor-related O&M costs in gathering, preparing, and submitting
information for the initial site characterization, as this activity
often requires sampling well borings and laboratory analyses.

EPA estimates that initial investigations at 20 percent of confirmed
releases (i.e., 20% * 8,000 = 1,600 releases) will determine the
presence of free product.  These facilities must prepare and submit a
free product removal report, thereby incurring contractor-related O&M
costs.

EPA estimates that initial investigations at 75 percent of confirmed
releases (i.e., 75% * 8,000 = 6,000 releases) will demonstrate that soil
and groundwater investigations are warranted.  These facilities are
expected to gather information and prepare and submit a report. 
Facilities will incur further contractor-related O&M costs preparing
soil and groundwater investigation reports.  Additional characterization
work could be required depending on the scope of the release and the
geology of the site.

EPA estimates that initial investigations at 60 percent of confirmed
releases (i.e., 60% * 8,000 = 4,800 releases) will demonstrate that
corrective action is warranted.  These facilities must prepare and
submit a corrective action plan and report on the results of corrective
action implementation.  EPA estimates that at 10 percent of these
releases (i.e., 10% * 4,800 = 480 releases), the owner or operator will
notify the implementing agency that they will begin corrective action
before they receive corrective action plan approval.  The Agency
believes that facilities will incur contractor-related O&M costs when
preparing a corrective action plan and reporting (quarterly) the results
of a corrective action implementation plan.

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

EPA estimates that owners and operators will close 26,000 USTs each year
(see Table 2).  EPA estimates that each year, 9,353 owners and operators
of closing facilities (i.e., 26,000 USTs closed / 2.78 USTs per facility
= 9,353) will read the out-of-service UST systems and closure
regulations.  Owners of these closing USTs must notify the implementing
agency of closure, conduct an excavation zone assessment, and maintain
closure records. 

EPA estimates that facilities will incur contractor-related O&M costs
when conducting a site assessment of an excavation zone.  EPA further
estimates that for 25 percent of these USTs, owners and operators will
not be able to maintain the records on-site for each UST closure.  These
owners and operators must mail closure records for 6,500 USTs (i.e., 25%
* 26,000 = 6,500) to the implementing agency each year.

(a8)	Financial Responsibility

EPA estimates that each year, all 5,000 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., 70% * 211,000 = 147,700 facilities) demonstrate financial
responsibility through a state fund or other state assurance, with the
remaining 30 percent of facilities (i.e., 30% * 211,000 = 63,300
facilities) using one or more of the other mechanisms described in 40
CFR Part 280, Subpart H.  All 211,000 facilities will have to perform
the respondent activities associated with their financial responsibility
mechanism, as described in section 4 of this ICR, and keep on file a
certification of financial responsibility.  [NOTE:  This ICR covers the
burden associated with these activities under section 280.110
(reporting) and section 280.111 (recordkeeping).]   

In addition to maintaining financial responsibility records, facilities
with releases (estimated at 8,000 releases per year) will submit their
records to EPA or the implementing agency under section 289.110(b) as a
result of a release.  EPA also expects 25 percent of the overall
universe of facilities (i.e., 25% * 211,000 = 52,750 facilities) to
update their certification each year to reflect changes in their
financial assurance mechanism. 

EPA estimates that providers of financial assurance will cancel or fail
to renew policies at 2 percent of UST facilities (i.e., 2% * 211,000 =
4,220 facilities) each year.  EPA also estimates that 10 percent of
those facilities experiencing a cancellation or non-renewal (i.e., 10% *
4,220 = 422 facilities) will be unable to obtain alternative financial
coverage within 60 days and will notify the implementing agency of such
failure.

	

EPA estimates that each year an additional 1 percent of UST facilities
(i.e., 1% * 211,000 = 2,110 facilities) will experience a disruption in
financial coverage due to the bankruptcy of their financial provider. 
EPA estimates that 10 percent of those owners or operators experiencing
such a disruption (i.e., 10% * 2,110 = 211 facilities) will be unable to
obtain alternative financial coverage within 60 days and will notify the
implementing agency of such failure.

(b)	State Program Approval Procedures		

40 CFR Part 281 outlines procedures that states must follow to obtain
approval to implement their own UST program in lieu of the federal
program.  Based on recent program data, EPA estimates that two states
(or territories) will apply for state program approval over the next
three years.  For the purposes of this ICR, it is assumed that an
average of one state will apply for state program approval each year. 

States applying for state program approval between 2011 and 2013 must
submit an application to EPA for review under section 281.50.  The
application includes a transmittal letter, a description of the state
program, information on enforcement procedures, a memorandum of
agreement with EPA, an attorney general’s statement, and copies of
state statutes and regulations.  These states must also allow for public
notice and comment on their efforts to develop their underground storage
tank programs.  

All approved programs must maintain files and current information on
program administration.  There are currently 38 approved state programs.
 Between 2011 and 2013, EPA assumes that an average of 40 state programs
will maintain files on program administration.  Finally, EPA estimates
that it will ask one state per year to submit this information.

EPA expects that no states will be submitting revised state program
applications over the next three years.  EPA does not expect any states
to withdraw or transfer portions of their programs. 

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





6(e) 	Bottom Line Hour and Cost Burden

(1)	Respondent Tally

Exhibit 5 summarizes the total annual hour and cost burden to UST owners
and operators and to states (as respondents seeking program approval or
program revision).  As shown in the exhibit, EPA estimates the annual
respondent burden to be approximately 6.8 million hours and $479
million.  The bottom line burden to respondents over three years is
estimated to be approximately 20.3 million hours and $1.4 billion.

(2) 	Agency Tally

Exhibit 6 summarizes the total annual Agency hour and cost burden
associated with all of the requirements covered in this ICR.  As shown
in the exhibit, EPA estimates the annual Agency burden to be
approximately 470,000 hours and $24 million.  The bottom line burden to
the Agency over three years is estimated to be approximately 1.4 million
hours and $72 million.						

6(f)	Reasons for Change in Burden

This ICR presents a comprehensive description of the total annual
respondent burden for all information collection activities related to
the UST program.  In renewing this ICR, EPA has updated its respondent
universe and burden estimates based on updated data from the Office of
Underground Storage Tanks (OUST) and the regulated community.  Because
of these updated data, the total annual time burden to respondents has
increased 13 percent (781,841 hours) from the previous ICR (from
5,969,217 hours per year to 6,751,058 hours per year).

6(g)	Burden Statement

Exhibit 7 presents the average annual respondent time burden for each
UST facility and for each state that has a federally-approved UST
program, or will apply for program approval.  For UST facilities, as
shown in the exhibit, the total time burden for conducting the
activities covered in this ICR is estimated to average approximately 32
hours per respondent annually.  Of this, the reporting burden is
estimated to average 18 hours per respondent per year.  This estimate
includes time for preparing and submitting notices, preparing and
submitting demonstrations and applications, reporting releases,
gathering information, and preparing and submitting reports.  The
recordkeeping burden for UST facilities is estimated to average 14 hours
per respondent per year.  This estimate includes time for gathering
information and for developing and maintaining records.  The burden for
third party disclosure is estimated to average 0.4 hours per respondent
per year.  This estimate includes time to notify a purchaser of an UST
of the owner’s notification obligations.

For states applying for program approval and for states that have
approved programs, the total time burden is estimated to average
approximately 23 hours per state annually.  The reporting burden is
estimated to average approximately 8 hours per respondent per year. 
This estimate includes time for preparing and submitting an application
and associated information.  The recordkeeping burden is estimated to
average approximately 15 hours per respondent per year.  This estimate
includes time for maintaining application files.

Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, disclose, or provide information
to or for a federal agency.  This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, verifying,
processing, maintaining, disclosing, and providing information; adjust
the existing ways to comply with any previously applicable instructions
and requirements; train personnel to be able to respond to a collection
of information; search data sources; complete and review the collection
of information; and transmit or otherwise disclose the information.   

	

To comment on the Agency’s need for this information, the accuracy of
the provided burden estimates and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-UST-2010-0625, which is available for online viewing at  
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person at the UST Docket in the EPA Docket Center (EPA/DC), EPA West,
Room 3334, 1301 Constitution Ave., NW, Washington, DC.  The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.  The telephone number for the
Reading Room is 202-566-1744 and the telephone number for the UST Docket
is 202-566-0270.  Use   HYPERLINK "http://www.regulations.gov" 
www.regulations.gov  to submit or view public comments, to access the
index listing of the contents of the public docket and to access those
documents in the public docket that are available electronically. 
Comments can also be sent to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, DC 20503, Attention:  Desk Office for EPA.  Please include
the EPA Docket ID No. (EPA-HQ-UST-2010-0625).

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

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

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

	  If an UST system meets the performance standards in section 280.20 or
section 280.21, product inventory control may be used in conjunction
with tank tightness testing every 5 years until 10 years after
installation of the tank (see §280.41(a)(1)).

	  See previous footnote.

	  Based on program experience, EPA believes that approximately 84
percent of the lines are pressurized and 16 percent are suction lines. 
However, EPA was unable to estimate the number of suction lines which
require leak detection monitoring and use three-year line tightness
testing.  Therefore, this ICR assumes that all lines used are
pressurized piping for line tightness testing calculations.  Because
suction lines do not have to comply with certain leak detection
requirements, this ICR overestimates the burden for this section.

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

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

	  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).

  Data source for legal:  BLS, May 2009 National Occupational Employment
and Wage Estimates by ownership,   HYPERLINK
"http://www.bls.gov/oes/current/ownership_data.htm" 
http://www.bls.gov/oes/current/ownership_data.htm .  Mean hourly wages
for lawyers (occupation code 23-1011).  For facilities and contractors,
mean hourly wages are from the “Cross-industry, private ownership
only” tables,   HYPERLINK "http://www.bls.gov/oes/current/000001.htm" 
http://www.bls.gov/oes/current/000001.htm .  For states, mean hourly
wages are from the “State government, including schools and
hospitals” tables,   HYPERLINK
"http://www.bls.gov/oes/current/999201.htm" 
http://www.bls.gov/oes/current/999201.htm .

Data source for managerial, technical, and clerical:  BLS, May 2009
National Industry-Specific Employment and Wage Estimates, NAICS 447000 -
Gasoline Stations,   HYPERLINK
"http://www.bls.gov/oes/current/naics3_447000.htm" 
http://www.bls.gov/oes/current/naics3_447000.htm .  Mean hourly wages
for management occupations (occupation code 11-0000), first-line
supervisors/managers of transportation and material-moving machine and
vehicle operators (occupation code 53-1021), and office clerks, general
(occupation code 43-9061).

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

  BLS, Employer Costs for Employee Compensation; available at  
HYPERLINK "http://www.bls.gov/news.release/ecec.toc.htm" 
http://www.bls.gov/news.release/ecec.toc.htm .  For
facilities/contractors, see “Table 10. Employer costs per hour worked
for employee compensation and costs as a percent of total compensation:
Private industry workers, by industry group, June 2010”; using line
“All workers, service-providing industries.”  For states, see
“Table 4. Employer costs per hour worked for employee compensation and
costs as a percent of total compensation: State and local government
workers, by occupational and industry group, June 2010”; using the
“Service” occupational group. 

  Office of Management and Budget, Circular No. A-76 (Revised);
available at   HYPERLINK
"http://www.whitehouse.gov/sites/default/files/omb/assets/omb/circulars/
a076/a76_incl_tech_correction.pdf" 
http://www.whitehouse.gov/sites/default/files/omb/assets/omb/circulars/a
076/a76_incl_tech_correction.pdf .  See Figure C-1, page C-4. 

  U.S. Office of Personnel Management. Locality pay area of
Washington-Baltimore-Northern Virginia, DC-MD-VA-WV-PA.  Salary Table
2010-DCB (January 2010); available at   HYPERLINK
"http://www.opm.gov/oca/10tables/html/dcb_h.asp" 
http://www.opm.gov/oca/10tables/html/dcb_h.asp . 

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

	  Based on EPA’s best professional judgment.

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

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

	  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.

	  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 was required. 

	  Capital costs were annualized over 20 years (i.e., the expected life
of equipment) using OMB’s approved discount rate of 7 percent (OMB
Circular A-94).

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

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

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

  Based on program experience, EPA believes that approximately 84
percent of the lines are pressurized and 16 percent are suction lines. 
However, EPA was unable to estimate the number of suction lines that
require leak detection monitoring and use three-year line tightness
testing.  Therefore, this ICR assumes that all lines used are
pressurized piping for line tightness testing calculations.  Because
suction lines do not have to comply with certain leak detection
requirements, this ICR overestimates the burden for this section.

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

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

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