i TABLE OF CONTENTS PAGE 1 IDENTIFICATION OF THE INFORMATION COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . 1 1( a) Title and Number of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( b) Short Characterization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 NEED FOR AND USE OF THE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2( a) Need/ Authority for the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2( b) Use/ Users of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA . . . . . 6 3( a) Non duplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3( b) Public Notice Required Prior to ICR Submission to OMB . . . . . . . . . . . . . . . . . . . . . . . 6 3( c) Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3( d) Effects of Less Frequent Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3( e) General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3( f) Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3( g) Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 RESPONDENTS AND INFORMATION REQUESTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4( a) Respondents and NAICS/ SIC Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4( b) Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4( b)( i) Data Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4( b)( ii) Respondent Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5 INFORMATION COLLECTED   AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5( a) Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5( b) Collection Methodology and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5( c) Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5( d) Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 ESTIMATING BURDEN AND COSTS OF COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . 25 6( a) Respondent Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6( a)( i) Burden to Public Water Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6( a)( ii) Burden to Primacy Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6( b) Respondent Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6( b)( i) Costs to Public Water Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6( b)( ii) Costs to Primacy Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 6( c) Agency Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 6( d) Estimating Respondent Universe and Total Burden and Costs . . . . . . . . . . . . . . . . . . . 27 6( e) Bottom Line Burden Hours and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 6( f) Reasons for Change and Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 6( g) Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ii APPENDICES Appendix A 1999 Information Collection Request: National Primary Drinking Water Regulations for Lead and Copper Appendix B Federal Register Notice Soliciting Comments on the Lead and Copper Rule Amendment to the DDBP/ Chem/ Rads ICR Appendix C Assumptions Used to Estimate Burden and Costs Appendix D Spreadsheets for System Burden and Cost Models Appendix E Spreadsheets for Primacy Agency Burden and Cost Models LIST OF EXHIBITS Exhibit 1: System Recordkeeping and Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Exhibit 2: Primacy Agency Recordkeeping and Reporting Requirements . . . . . . . . . . . . . . . . . . . 16 Exhibit 3: Annual PWS Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Exhibit 4: Annual Primacy Agency Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Exhibit 5: Bottom Line Annual Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Exhibit 6: Adjustments to Burden Hours from the 1999 LCR ICR . . . . . . . . . . . . . . . . . . . . . . . . 30 Exhibit 7: Adjustments to Annual Hours for the DDBP/ Chem/ Rads ICR . . . . . . . . . . . . . . . . . . . 30 iii ACRONYMS AL Action Level AMWA Association of Metropolitan Water Agencies AWWA American Water Works Association ASDWA Association of State Drinking Water Administrators BLS Bureau of Labor Statistics CCT Corrosion Control Treatment CFR Code of Federal Regulations CWS Community Water System CWSS Community Water System Survey DBP Disinfection Byproduct DDBP/ Chem/ Rads Disinfectants and Disinfection Byproducts, Chemical, and Radionuclides EPA Environmental Protection Agency FOIA Freedom of Information Act FR Federal Register FTE Full Time Equivalent FY Fiscal Year ICR Information Collection Request LCR Lead and Copper Rule LCRMR Lead and Copper Rule Minor Revision LSL Lead Service Line LSLR Lead Service Line Replacement MCL Maximum Contaminant Level mg/ L Milligrams per Liter MPL Maximum Permissible Level NAICS North American Industry Classification System NDWAC National Drinking Water Advisory Council NPDWR National Primary Drinking Water Regulation NTNCWS Nontransient Noncommunity Water System OECA Office of Enforcement and Compliance Assurance OGWDW Office of Ground Water and Drinking Water O& M Operation and Maintenance OMB Office of Management and Budget PRA Paperwork Reduction Act PWS Public Water System PWSS Public Water System Supervision RFA Regulatory Flexibility Analysis SBREFA Small Business Regulatory Enforcement Fairness Act SDWA Safe Drinking Water Act SDWIS Safe Drinking Water Information System SIC Standard Industrial Classification TT Treatment Technique WQP Water Quality Parameter DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 1 Hereafter, the terms " LCR" and " Lead and Copper Rule" refer to requirements of both the 1991 Lead and Copper Rule and the 2000 Lead and Copper Rule Minor Revisions.

2 Large systems ( those serving > 50,000 people), regardless of whether they exceed an action level, are required to conduct WQP monitoring. Large systems with minimally corrosive water in their distribution systems ( i. e., ( b)( 3) systems) may discontinue WQP monitoring, if permitted by the State.

1 1 IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection Title: Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides Rules Information Collection Request: Lead and Copper Rule Amendment OMB Control Number: 2040 0204 EPA Tracking Number: 1896.04 This Information Collection Request ( ICR) amends the Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ( DDBP/ Chem/ Rads) ICR, which was approved on November 29, 2001. The Amendment adds updated burden and cost estimates for the Lead and Copper Rule ( LCR).

1( b) Short Characterization The National Primary Drinking Water Regulations ( NPDWRs) for Lead and Copper ( The Lead and Copper Rule or LCR), promulgated by EPA on June 7, 1991, were mandated by the Safe Drinking Water Act ( SDWA). On January 12, 2000, EPA published minor revisions to the 1991 LCR. The Lead and Copper Rule Minor Revisions ( LCRMR) were intended to eliminate unnecessary requirements, streamline and reduce monitoring and reporting burdens, and promote consistent national implementation. The purpose of this ICR Amendment is to estimate burden and costs associated with the LCR and the LCRMR. 1 Most NPDWRs require sampling at entry points to the distribution system. However, the LCR requires tap water samples to be collected at kitchen or bathroom taps of residences and other buildings. This is because lead and copper in drinking water primarily result from the corrosion of distribution system and household plumbing materials.

The LCR establishes an action level ( AL) in lieu of a maximum contaminant level ( MCL). The lead action level is 0.015 milligrams per liter ( mg/ L); the copper action level is 1.3 mg/ L. If the lead or copper tap sample that represents the 90th percentile level is greater than the lead or copper action level, the system has exceeded the action level. Though an exceedance of the action level is not a violation, it does trigger additional requirements that may include public education, source water monitoring and treatment, corrosion control treatment ( CCT), water quality parameter ( WQP) monitoring for systems serving 50,000 and fewer people2, and lead service line ( LSL) replacement ( or LSLR).

Water system implementation of the LCR begins with initial monitoring for lead and copper at the tap and, in some cases, for WQPs or source water lead/ copper concentrations. Primacy agencies deem some systems to have optimized corrosion control based on the results of this initial monitoring. These systems must continue to monitor periodically for lead and copper at the tap and, in some cases, for lead and copper in source water; however, these systems are not required to conduct routine WQP monitoring or DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 3 Throughout this document, the terms " State" or " States" are used to refer to all types of primacy agencies. This ICR Amendment assumes 57 primacy entities, including the 50 States, the District of Columbia, U. S. Territories ( Puerto Rico, U. S. Virgin Islands, Guam, American Samoa, and Northern Marianas), and the Navajo Nation. This is a simplifying assumption, since primacy activities for Wyoming and the District of Columbia are implemented by the respective EPA Regional offices.

4 EPA has classified some reporting and recordkeeping requirements of the LCR as " general activities" of the Public Water System Supervision ( PWSS) Program. Burden and cost estimates for these general activities are included in the 2001 PWSS Program ICR ( 2040 0090). This ICR Amendment includes burden and cost estimates only for those LCR activities detailed in Section 6 and Appendix C of this document.

2 to implement the LCR's other treatment technique requirements. All other systems are required to make corrosion control treatment and source water treatment recommendations to the State; some of these systems must first assess different corrosion control technologies prior to making a corrosion control treatment recommendation. The primacy agency must then specify the treatment that the system must install. Systems exceeding the lead action level must also conduct public education programs. Following installation of required treatment, systems must conduct follow up monitoring. The primacy agency then specifies the optimal WQP levels or ranges and, if appropriate, maximum permissible source water levels within which the system must then operate. Such systems must continue periodic lead/ copper tap water monitoring and, in some cases, WQP and source water monitoring. Systems with lead service lines in the distribution system must implement a lead service line replacement program if they continue to exceed the lead action level after the installation of corrosion control or source water treatment.

States and Tribes that have been granted primary enforcement authority ( i. e., primacy) for the LCR are responsible for overseeing rule implementation by systems within their jurisdictions. 3 In instances where a State or Tribe does not have primacy, the appropriate EPA Region is the primacy agent.

Water systems demonstrate compliance through reporting to the primacy agency analytical results of collected samples and other information. Systems also use these data to assess treatment options, operate and maintain installed treatment, and communicate water quality information to consumers served by the system. Primacy agencies use the data to determine compliance, designate treatment to be installed, and determine enforceable operating parameters. Primacy agencies are also required to report a subset of the data to EPA, which utilizes this information to protect public health by ensuring compliance with the LCR, measuring progress toward meeting the LCR's goals, and evaluating the appropriateness of State implementation activities. EPA stores the information reported by States in the Safe Drinking Water Information System ( SDWIS).

This ICR Amendment updates the burden and cost estimates provided in the 1999 LCR ICR, which expires on September 30, 2002 ( see Appendix A). As explained in Section 2( a), this ICR Amendment includes public water system ( PWS) and primacy agency reporting and recordkeeping requirements of the Lead and Copper Rule, as amended by the Lead and Copper Rule Minor Revisions. 4 Upon approval, this Amendment will become part of the DDBP/ Chem/ Rads ICR, which was approved by the Office of Management and Budget ( OMB) in November 2001. This ICR estimates burden and costs associated with the LCR for years 2003 and 2004 ( less than the standard three year ICR period). This non traditional method of estimating burden will help to simplify the ICR process by synchronizing the ICR accounting periods for the DDBP/ Chem/ Rads ICR and the LCR Amendment. Future renewals of the DDBP/ Chem/ Rads ICR will include LCR burden for the entire three year ICR renewal period. DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 5 Only a portion of the 167,837 total existing PWSs ( 74,530 PWSs) are subject to the Lead and Copper Rule. However, because this is an Amendment to the DDBP/ Chem/ Rads ICR, the total number of existing PWSs is listed in the OMB inventory.

3 The total annual respondent burden associated with this ICR Amendment is estimated to be approximately 1.78 million hours per year. The total annual respondent cost associated with this ICR Amendment is estimated to be approximately $ 55.20 million. The distribution of annual burden between PWSs and primacy agencies is approximately 1.58 million hours and 0.20 million hours, respectively. The distribution of annual costs between PWSs and primacy agencies is approximately $ 49.45 million and $ 5.74 million, respectively. There are no EPA costs or burden associated with this ICR Amendment.

Approximately $ 11.45 million of the $ 49.45 million annual cost to PWSs is for operation and maintenance ( O& M) activities. Primacy agencies incur approximately $ 2,105 for O& M costs associated with the LCR. A total of approximately $ 11.46 million in O& M costs represents the " cost burden" as reported in the OMB inventory. Note that these costs are for O& M only; there are no capital costs associated with the activities covered by this ICR Amendment.

The total number of respondents for this ICR Amendment is 74,587 5; 57 of these respondents are primacy agencies and the balance are PWSs ( 74,530). The total annual number of responses for these respondents is 758,212 ( 719,194 for PWSs and 39,018 for primacy agencies).

This ICR Amendment was completed in accordance with the February 1999 version of EPA's Guide to Writing Information Collection Requests Under the Paperwork Reduction Act ( PRA) of 1995 ( hereafter, the " ICR Handbook"). The ICR Handbook was prepared by EPA's Office of Environmental Information, Office of Information Collection, Collection Strategies Division. The ICR Handbook provides the most current instructions for ICR preparation to ensure compliance with the 1995 PRA Amendments and OMB's implementing guidelines. DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 4 2 NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection EPA requires comprehensive and current information on lead and copper contamination and associated enforcement activities to implement its program oversight and enforcement responsibilities mandated by the SDWA. EPA will use the information collected as a result of the LCR to support these responsibilities.

Section 1401( 1)( D) of the SDWA requires " criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels, including quality control and testing procedures to insure compliance with such levels and to insure proper operation and maintenance of the system...." Furthermore, Section 1445( a)( 1) of the SDWA requires that " every person who is a supplier of water... shall establish and maintain such records, make such reports, conduct such monitoring, and provide such information as the Administrator may reasonably require by regulation to assist him in establishing regulations, in determining whether such person has acted or is in compliance with this title...." In addition, Section 1413( a)( 3) of the SDWA requires primacy agencies to " keep such records and make such reports... as the Administrator may require by regulation."

Section 1412( b) of the 1986 SDWA, as amended in 1996, requires the Agency to publish MCL goals and promulgate NPDWRs for contaminants that may have an adverse effect on public health, are known to or anticipated to occur in PWSs, or, in the opinion of the Administrator, present an opportunity for health risk reduction. The NPDWRs specify MCLs or treatment techniques ( TTs) for drinking water contaminants ( 42 USC 300g 1). Promulgation of the LCR complies with the aforementioned statutory requirements.

2( b) Use/ Users of the Data Water systems must maintain records of the results of analytical monitoring and use these data to:

Evaluate system specific needs, including examining treatment effectiveness.

Adjust monitoring frequencies and schedules, to address possible public health concerns.

Assess compliance and determine when to alert the public of possible health risks resulting from noncompliance with federal or State regulations.

State level recordkeeping consists of maintaining the following records for each system:

Monitoring requirements.

Analytical results.

Decisions regarding the designation of WQP levels in the distribution system.

Decisions regarding maximum permissible levels ( MPLs) of lead and copper in source water.

Decisions on which systems must conduct corrosion control studies. DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 5

Decisions on treatment( s) to be installed.

The need for an accelerated LSLR schedule.

These records assist managers in evaluating system compliance and in identifying system needs and problem areas. The data are also used to construct enforcement targets and identify systems requiring remedial action.

Information provided to EPA by the primacy agencies is stored in SDWIS. This centralized storage allows EPA to conduct various program analyses. For example, SDWIS can characterize compliance trends at the system, State, and national program levels. SDWIS supports the critical Agency function of maintaining program oversight, including ensuring consistent implementation of the LCR's requirements and related State and federal enforcement actions.

EPA often receives requests for PWS monitoring data under the Freedom of Information Act ( FOIA). Many FOIA requests require extracting information from SDWIS to determine the number of PWSs in violation of drinking water standards in a particular geographic area and those PWSs that have exceeded the lead or copper action level.

Primary users of the information collected under this ICR Amendment include the EPA Office of Ground Water and Drinking Water ( OGWDW) staff, PWS managers, and primacy agencies, which include State regulators, Indian Tribes, and, in some instances, EPA Regional Administrators. Persons served by PWSs also use this information. Additional occasional users of LCR information include the following:

Staff from other EPA programs ( such as Comprehensive Environmental Response, Compensation, and Liability Act, the Resource Conservation and Recovery Act, and the Office of Enforcement and Compliance Assurance)

Federal Emergency Management Administration

Centers for Disease Control and Prevention

Military bases

Rural Development Administration/ Farmers Home Administration

Department of Interior

Department of Housing and Urban Development

U. S. Army Corps of Engineers

White House task forces

American Water Works Association ( AWWA)

Association of Metropolitan Water Agencies ( AMWA)

National Rural Water Association

National Association of Water Companies

Association of State Drinking Water Administrators ( ASDWA)

Natural Resources Defense Council

Consumers Federation of America

Small Business Administration

Other environmental and industry groups

News organizations

Private industries

Individuals DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 6 3 NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA The following sections verify and affirm that this information collection satisfies OMB's collection guidelines, has public support, and does not duplicate another collection.

3( a) Non duplication EPA has made an effort to ensure that data collection activities associated with this ICR Amendment are not duplicated. To ensure non duplication of this information collection, EPA has consulted with other federal agencies, State environmental programs, industry organizations, water systems, trade organizations, and tribal leadership. To the best of the Agency's knowledge, data required by the SDWA ( and its implementing regulations codified at 40 CFR Parts 141 and 142) are not available from any other source.

3( b) Public Notice Required Prior to ICR Submission to OMB To comply with the 1995 Amendments to the Paperwork Reduction Act, EPA solicited public comment on this ICR Amendment for a 60 day period before it was submitted to OMB. Specifically, EPA published a notice in the Federal Register requesting comment on the estimated respondent burden and other aspects of this ICR Amendment ( 67 FR 17070 17071, April 9, 2002) ( See Appendix B). No comments were received in response to this Federal Register notice.

An additional Federal Register notice will be published prior the submission of this ICR Amendment to OMB. The public comment period for this additional notice is 30 days.

3( c) Consultations As a standard regulatory development practice to promote public involvement, EPA formally solicits public comment on proposed drinking water rules. Before any rule is finalized, EPA logs and evaluates all written comments on proposed rules. Additionally, EPA usually holds public meetings during which any interested party may provide oral testimony for Agency consideration. Such meetings are typically announced in the Federal Register notice accompanying the proposed rule.

In the initial phases of program development, or to confirm assumptions on which rules or guidelines are based, EPA often holds meetings or workshops to gather information. Throughout the development and implementation of the lead and copper regulations, OGWDW held numerous meetings with interested stakeholders, including State, EPA Regional, and water system representatives. These meetings helped to identify the value and ease of collecting information needed to fulfill SDWA obligations.

In developing the final version of the 1991 LCR, EPA consulted with the National Drinking Water Advisory Council and requested comments from its Science Advisory Board. The monitoring requirements of the LCR reflect comments made by the drinking water industry. In addition, during the comment period for the 1991 LCR, approximately 28,000 comments were received from approximately 3,000 individuals and organizations. DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 7 Most recently, EPA developed the LCRMR ( promulgated in January 2000) and held the following meetings, consultations, and work group discussions to address these modifications:

The LCRMR workgroup ( comprised of EPA Headquarters and Regional staff as well as State drinking water officials) was established in 1993 and held several discussions throughout development of the LCRMR.

Several EPA sponsored stakeholder meetings were held to discuss burden reduction efforts and development of the LCRMR.

OGWDW ' s Data Sharing Committee worked with several States and ASDWA to revise primacy agency reporting requirements based on comments received on the April 1996 proposed changes.

In 1998, prior to publishing additional notices for comment, EPA provided national, local, and tribal organizations with brief articles for inclusion in their newsletters. These articles announced EPA's plans to publish the notices and encouraged readers to provide comment on the additional regulatory options, which would be described in those notices.

EPA coordinated closely with States and several national organizations to provide copies of the August 18, 1998, notice directly to water systems most likely to be affected by the regulatory options discussed in the notice. This included all water systems serving more than 50,000 people and any smaller water system likely to continue to exceed an action level after the installation of corrosion control treatment.

EPA distributed a draft of the proposed modifications to ASDWA and major water utility trade associations. These groups, in turn, circulated the draft to their members and requested written comment.

Written comments were received from numerous Regional offices and State agencies.

PWS input was gathered through State comments, as well as comments submitted by AMWA and AWWA.

During February 1999, EPA consulted with a State Unfunded Mandates Reform Act panel regarding the revised ICR burden and cost estimates for the LCR and LCRMR and assumptions used to derive these estimates.

Many of the suggestions received through written comments, at Stakeholder meetings, from work group discussions, and through other consultations were incorporated into the final rule.

Since the regulations covered by this ICR are not new, the typical consultations, workshops, and meetings were not held immediately prior to the development of this document.

3( d) Effects of Less Frequent Collection The LCR and LCRMR require collection and reporting of various data at different intervals ( biweekly quarterly, annually, semi annually, triennially, and every nine years). In developing lead and copper regulations, EPA considered a wide range of alternatives for frequency of data collection. For these DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 8 information collection activities, EPA has chosen to require the least frequent collection that remains consistent with overall public health preservation objectives. If data are collected less frequently, the State may not identify in a timely fashion significant contaminant concentrations which might threaten the health and safety of drinking water consumers. Specifically, less frequent collection could fail to capture the variability in lead and copper levels within systems or within homes, which would increase the possibility of not detecting the presence of high lead and copper concentrations. Moreover, EPA requires up to date information in SDWIS to provide oversight and to answer basic questions.

3( e) General Guidelines This ICR was prepared in accordance with the February 1999 version of the ICR Handbook prepared by EPA's Office of Environmental Information, Office of Information Collection, Collection Strategies Division. The ICR Handbook provides the most current instructions for ICR preparation to ensure compliance with the 1995 PRA amendments and OMB's implementing guidelines.

The LCR complies with the guidelines published under the PRA, with one exception; records are required to be retained for a period greater than three years. In particular, the LCR requires all PWSs to retain on their premises original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, and any other information required by the primacy agency for no fewer than 12 years. Primacy agencies are subject to the same record retention period, except that they are required to retain information relating to the decisions specified in § 142.14( d)( 8) until a new decision, determination, or designation has been issued, if no change is made to the decision during the 12 year retention period. EPA justified these record retention periods and received approval for them under the original 1991 LCR ICR.

3( f) Confidentiality No confidential information will be collected as a result of this ICR Amendment.

3( g) Sensitive Questions No questions of a sensitive nature are included in any of the information collection requirements. DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 9 4 RESPONDENTS AND INFORMATION REQUESTED 4( a) Respondents and NAICS/ SIC Codes Data associated with this ICR Amendment are collected and maintained at the PWS and State levels. Respondents include the following:

Owners/ operators of PWSs that must report to the primacy agency. These PWSs include community water systems ( CWSs) and nontransient noncommunity water systems ( NTNCWSs).

Primacy agencies that must provide oversight, report to EPA Headquarters, and retain federally required records.

The Standard Industrial Classification ( SIC) code for investor owned water systems is 4941. The SIC code for both publicly owned water systems and State agencies is 9511. The North American Industry Classification System ( NAICS) code for PWSs is 22131. State agencies that include drinking water programs are classified as NAICS code 92411 ( Administration of Air and Water Resources and Solid Waste Management Programs) or 923312 ( Administration of Public Health Programs). Ancillary systems ( i. e., those that supplement the function of other establishments like factories, power plants, mobile home parks, etc.) cannot be categorized in a single NAICS or SIC code. For ancillary systems, the NAICS or SIC code is that of the primary establishment or industry.

4( b) Information Requested This ICR Amendment covers requirements set forth in Section 1414( c)( 1) and ( c)( 2) of the 1996 SDWA amendments. Regulations under 40 CFR Part 141, Subpart I contain Lead and Copper Rule requirements; 40 CFR Part 142, Subpart B outlines primary enforcement responsibilities ( including reporting and recordkeeping requirements) for primacy agencies. This ICR Amendment summarizes the information collection requirements and associated data items and respondent activities that are contained in the LCR. Exhibits 1 and 2 summarize the respondent information collection requirements of the LCR.

4( b)( i) Data Items Public Water Systems The LCR requires water systems to collect, report, and retain a variety of information as detailed in Exhibit 1. In general, systems must report information at the end of specified monitoring periods and maintain records for a minimum of 12 years. DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 10 Exhibit 1 System Recordkeeping and Reporting Requirements Requirement Regulatory Citation Frequency/ Retention General Requirements Reporting Submit the following to the State:

Results of any required test measurement or analysis.

Failure to comply with any NPDWR.

Copies of records required to be maintained under § 141.33 and/ or copies of documents that the State is entitled to under Section 1445 of SDWA or State law. 40 CFR 141.31( a) & ( c)

40 CFR 141.31( b)

40 CFR 141.31( e) At the end of the required monitoring period, unless a State lab performs analysis and reports results As necessary, within 48 hours of failure to comply As requested Recordkeeping Retain the following information on or near the PWS:

Records of chemical analyses and related information.

Records of actions taken by the PWS to correct NPDWR violations. 40 CFR 141.33( a)

40 CFR 141.33( b) 10 years 3 years after last action taken related to the violation LCR specific Reporting Report to the State any information required by the treatment provisions in Subpart I ( especially 40 CFR 141.90). 40 CFR 141.80( i) As required DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 Exhibit 1 System Recordkeeping and Reporting Requirements Requirement Regulatory Citation Frequency/ Retention 11 Tap water and WQP monitoring requirements Report the specified information for all tap water samples and all WQP samples.

Provide written documentation to the State identifying standing times and locations for enough non first draw samples to make up its sampling pool under § 141.86( b)( 5).

If the State has waived prior approval of non first draw sample sites selected by the system, identify, in writing, each site that did not meet the six hour minimum standing time and the length of standing time for that particular substitute sample.

For a water system deemed to have optimized corrosion control, a water system subject to reduced monitoring, or a water system subject to a monitoring waiver, send written documentation to the State describing any addition of a new source or any change in water treatment.

For any small water system applying for a monitoring waiver, provide documentation to the State demonstrating that it meets the waiver criteria.

For each small system desiring to maintain its monitoring waiver, provide written information to the State.

For each small system with a monitoring waiver, provide written notification to the State if the system is no longer free of lead containing or copper containing materials.

For each ground water system that limits WQP monitoring to a subset of entry points, provide written correspondence to the State that identifies selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

Provide the specified information to the State if the State calculates the 90th percentile concentrations. 40 CFR 141.90( a)( 1)

40 CFR 141.90( a)( 2)( i)

40 CFR 141.90( a)( 2)( ii)

40 CFR 141.90( a)( 3)

40 CFR 141.90( a)( 4)( i)

40 CFR 141.90( a)( 4)( ii)

40 CFR 141.90( a)( 4)( iii)

40 CFR 141.90( a)( 5)

40 CFR 141.90( h)( 2) End of the applicable monitoring period As necessary As necessary As necessary As necessary Every 9 years As necessary, within 60 days after becoming aware of change One time, as necessary End of monitoring period DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 Exhibit 1 System Recordkeeping and Reporting Requirements Requirement Regulatory Citation Frequency/ Retention 12 Source water monitoring reporting requirements Report the sampling results for all source water samples collected in accordance with § 141.88.

Specify any site which was not sampled during the previous monitoring period and explain why the sampling point has changed. 40 CFR 141.90( b)( 1)

40 CFR 141.90( b)( 2) End of monitoring period As necessary, end of monitoring period Corrosion control treatment reporting requirements For systems demonstrating optimized corrosion control, provide the State information demonstrating that the PWS has conducted activities equivalent to the applicable corrosion control steps.

For systems demonstrating optimized corrosion control, submit results of tap water monitoring and source water monitoring.

For systems deemed to have optimized corrosion control, notify the State in writing of any change in treatment or of the addition of a new source.

Submit monitoring results that show two consecutive monitoring periods that meet both lead and copper action levels.

For systems exceeding the lead or copper action levels, recommend optimal CCT.

Request in writing a modification of optimal CCT.

For systems required to evaluate the effectiveness of CCTs, report the information required by § 141.82( c).

For systems required to install optimal corrosion control, submit a letter certifying that the system has completed installation. 40 CFR 141.81( b)( 2), 141.90( c)( 1)

40 CFR 141.81( b)( 3)

40 CFR 141.81( b)( 3)( iii)

40 CFR 141.81( c)

40 CFR 141.81( e)( 1), 141.82( a), 141.82( c)( 4) & ( 6), 141.90( c)( 2)

40 CFR 141.82( h)

40 CFR 141.90( c)( 3)

40 CFR 141.90( c)( 4) One time, as necessary As necessary As necessary As necessary As necessary, within 6 months of exceedance As necessary As necessary As necessary DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 Exhibit 1 System Recordkeeping and Reporting Requirements Requirement Regulatory Citation Frequency/ Retention 13 Source water treatment reporting requirements Provide to the State a recommendation regarding source water treatment.

Request in writing a modification of source water treatment or maximum permissible lead and copper concentrations.

For systems required to install source water treatment, submit a letter certifying that the system has completed installation of the designated treatment. 40 CFR 141.83( a)( 1), 40 CFR 141.83( b)( 1), 40 CFR 141.90( d)( 1)

40 CFR 141.83( b)( 6)

40 CFR 141.90( d)( 2) As necessary, within 6 months of exceeding action level As necessary As necessary, within 24 months after State designates treatment Public education program reporting requirements Deliver written public education materials if a water system exceeds the lead action level based on tap water samples.

Broadcast public service announcements if a CWS exceeds the lead action level based on tap water samples.

Apply to the State in writing to alter specified public education language ( CWSs only).

For any water system that is subject to public education requirements, send written documentation to the State that contains specified information. 40 CFR 141.85( a) & ( c)

40 CFR 141.85( b) & ( c)

40 CFR 141.85( c)( 7)

40 CFR 141.90( f)( 1) As necessary, timing varies by type of system As necessary As necessary As necessary; end of each public education period DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 Exhibit 1 System Recordkeeping and Reporting Requirements Requirement Regulatory Citation Frequency/ Retention 14 Lead service line replacement reporting requirements Notify the owner of a LSL if the system will replace the portion of the service line that it owns. Offer to replace the owner's portion.

When replacing ( or partially replacing) a LSL, notify resident( s) of the building served by that line that they may experience a temporary increase of lead levels in drinking water; provide guidance for minimizing exposure to lead; inform resident( s) that samples will be drawn from each replaced LSL.

Report to the owner and resident( s) the analytical results of samples drawn from partially replaced LSLs.

For systems that want to cease replacing LSLs, submit monitoring results that meet the lead action level for two consecutive monitoring periods.

Demonstrate in writing to the State that a system has conducted a material evaluation to identify the initial number of LSLs in its distribution system, and provide the schedule for replacing LSLs in the distribution system.

Demonstrate to the State in writing that the system has: 1) In the past 12 months replaced at least 7% of initial LSLs specified by the State; or 2) Conducted sampling to demonstrate that lead concentration in all service line samples from an individual line is

0.015 mg/ L.

For any system that collects LSL samples following partial LSL replacement, report the results to the State. 40 CFR 141.84( d)

40 CFR 141.84( d)( 1)

40 CFR 141.84( d)( 1) & ( 2)

40 CFR 141.84( f)

40 CFR 141.84( g), 141.90( e)( 1)

40 CFR 141.84( g), 141.90( e)( 2) & ( 3)

40 CFR 141.84( g), 141.90( e)( 4) As necessary As necessary, 45 days prior to commencing LSL replacement As necessary, within 3 business days of receiving results As necessary As necessary, within 12 months after exceeding the lead action level Annually for as long as system exceeds action level Within the first 10 days of the month following receipt of results DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 Exhibit 1 System Recordkeeping and Reporting Requirements Requirement Regulatory Citation Frequency/ Retention 15 Monitoring data reporting requirements Apply to the State in writing to substitute non first draw samples.

Submit to the State monitoring, treatment, and other information to justify reduced monitoring.

For a system with a waiver, notify the State in writing if it adds a new source or changes any water treatment.

Report to the State the results of all samples and supporting documentation for samples that the system believes should be invalidated.

Apply to the State to reduce the frequency of monitoring to once every 9 years.

Provide certification and supporting documentation to the State that the system is free of all lead containing materials.

Provide certification and supporting documentation to the State that the system contains no copper pipes or copper service lines.

Provide to the State materials certification and monitoring results.

For a system with a waiver, notify the State in writing if it becomes aware that it is no longer free of lead containing or copper containing material.

For groundwater systems, provide written information to the State regarding entry points selected for monitoring.

Report to the State the results of any additional sampling data. 40 CFR 141.86( b)( 5)

40 CFR 141.86( d)( 4)( ii) & ( iii)

40CFR141.86( d)( 4)( vii), 141.86( g)( 4)( iii)

40 CFR141.86( f)( 2)

40 CFR 141.86( g)

40 CFR 141.86( g)( 1)( i)

40 CFR 141.86( g)( 1)( ii)

40 CFR 141.86( g)( 4)

40 CFR 141.86( g)( 4)( iv)

40 CFR 141.87( c)( 3)

40 CFR 141.90( g) As necessary As necessary As necessary As necessary As appropriate As appropriate As appropriate Every 9 years As necessary, within 60 days after becoming aware of change As necessary, prior to monitoring End of monitoring period LCR specific Recordkeeping Retain original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, State determinations, and any other information required by § § 141.81 through 141.88. 40 CFR 141.91 12 years DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 6 Exhibit 2 includes all reporting, recordkeeping, and oversight requirements of the Lead and Copper Regulations for primacy agencies. EPA has classified some of these requirements as " general activities" and included burden and cost estimates in the 2001 PWSS Program ICR ( 2040 0090). This ICR Amendment includes burden and cost estimates for only those LCR activities detailed in Section 6 and Appendix C of this document.

16 Primacy Agencies The LCR requires primacy agencies to retain records regarding the currently applicable or most recent determinations for no fewer than 12 years. Primacy agencies are required to retain information relating to the decisions until a new decision, determination, or designation has been issued ( if no change is made to the primacy agency decision during the 12 year retention period). Primacy agencies must maintain the system level records of the currently applicable or most recent primacy agency determinations pertaining to the control of lead and copper, including all supporting information and an explanation of the technical basis for each decision. The specific records are detailed in Exhibit 2.

In addition, primacy agencies are required to report quarterly to EPA information on each system's compliance with monitoring, reporting, and treatment technique requirements. Primacy agencies must also report certain milestone events as required under 40 CFR 142.15. More detail on these reporting requirements is provided in Exhibit 2.6 DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 17 Exhibit 2 Primacy Agency Recordkeeping and Reporting Requirements Requirement Regulatory Citation Minimum Frequency/ Retention Period General Requirements Reporting Submit to the Administrator reports containing new PWS violations occurring during the previous quarter.

Submit to the Administrator reports containing new State enforcement actions taken during the previous quarter. 40 CFR 142.15( a)( 1)

40 CFR 142.15( 2) Quarterly Quarterly Recordkeeping Maintain records of tests, measurements, analyses, decisions, and determinations performed on each PWS to determine compliance with State primary drinking water regulations.

For each PWS in the State, retain records of any State approvals and enforcement actions.

Retain records of current monitoring requirements and the most recent monitoring frequency decisions for each PWS in the State.

Maintain specified records for public inspection or for review by the Regional Administrator upon request. 40 CFR 142.14( a)

40 CFR 142.14( d)( 2) & ( 3)

40 CFR 142.14( d)( 5)

40 CFR 142.14( g), 142.15( d) Varies 12 years In perpetuity or until a more recent monitoring frequency decision is issued As requested LCR specific Reporting DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 Exhibit 2 Primacy Agency Recordkeeping and Reporting Requirements Requirement Regulatory Citation Minimum Frequency/ Retention Period 18 Provide written notice to PWSs explaining the basis for determining if the PWS has optimized corrosion control and specifying the water quality control parameters that represent optimal corrosion control.

Notify a system in writing of any determination requiring a system to repeat treatment steps previously completed.

Specify corrosion control studies or optimal CCT ( after a small or medium system exceeds the lead or copper action level).

Designate optimal CCT ( if a small or medium system has performed corrosion control studies). 40 CFR 141.81( b)( 2)

40 CFR 141.81( c)

40 CFR 141.81( e)( 2)

40 CFR 141.81( e)( 4) As necessary As necessary Within 18 months ( medium systems) or 24 months ( small systems) of exceedance As necessary, within 6 months of system completing studies DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 Exhibit 2 Primacy Agency Recordkeeping and Reporting Requirements Requirement Regulatory Citation Minimum Frequency/ Retention Period 19 LCR specific Reporting ( continued)

For small and medium systems, designate optimal water quality parameters.

Notify PWSs in writing of decisions on optimal CCT.

Designate applicable water quality control parameters that reflect optimal CCT; notify the PWS in writing of the determinations.

Modify determinations of optimal CCT in writing.

Notify the system in writing of determinations regarding necessary source water treatment.

Notify the system in writing of designations for maximum permissible source water levels.

Provide in writing revised source water treatment or maximum permissible lead and copper concentrations along with a basis for the decision and an implementation schedule.

Notify a system in writing if a shorter LSLR schedule is required.

Notify the system of approval of non first draw sample sites.

Specify sampling locations when a systems is conducting reduced monitoring.

Notify the system in writing when the State determines that a system is eligible to commence reduced monitoring.

Notify system of alternate period for collecting reduced lead and copper tap samples. 40 CFR 141.81( e)( 7)

40 CFR 141.82( d)( 2)

40 CFR 141.82( f)

40 CFR 141.82( h)

40 CFR 141.83( a)( 2), 141.83( b)( 2)

40 CFR 141.83( a)( 5), 141.83( b)( 4)

40 CFR 141.83( b)( 6)

40 CFR 141.84( e)

40 CFR 141.86( b)( 5)

40 CFR 141.86( c)

40 CFR 141.86( d)( 4)( ii) & ( iii)

40 CFR 141.86( d)( 4)( iv)( B) As necessary, within 6 months of system completing follow up sampling As necessary As necessary As necessary or as requested As necessary, within 6 months of submission of monitoring results As necessary, within 6 months of completing tap and source water monitoring As necessary or as requested As necessary, within 6 months after system triggered into LSLR As necessary As necessary As necessary As necessary DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 Exhibit 2 Primacy Agency Recordkeeping and Reporting Requirements Requirement Regulatory Citation Minimum Frequency/ Retention Period 20 LCR specific Reporting ( continued)

Provide written approval for a system to resume reduced monitoring.

Document in writing the decision and rationale for invalidating a sample.

Notify the system in writing of its waiver determination and the conditions of the waiver.

Notify a system if its waiver has been revoked. 40 CFR 141.86( d)( 4)( vi)( B)

40 CFR 141.86( f)( 3)

40 CFR 141.86( g)( 3)

40 CFR 141.86( g)( 5)( iii) As necessary As necessary As necessary As necessary Report to EPA the following information related to each system's compliance with lead and copper requirements:

For each large and medium PWS, all 90th percentile lead levels calculated during each monitoring period, and the first and last day of the monitoring period for which the 90th percentile lead level was calculated.

For each small PWS, the 90th percentile lead level calculated during each monitoring period in which the systems exceeds the lead action level, and the first and last day of each monitoring period in which an exceedance occurred.

For each PWS, the 90th percentile copper level calculated during each monitoring period in which the system exceeds the copper action level, and the first and last day of each monitoring period in which an exceedance occurred.

For each PWS for which the State has designated optimal water quality parameters or which the State has deemed to have optimized corrosion control, the date of the determination and the paragraph( s) under which the State made its determination.

For each PWS required to begin replacing LSLs, the date each system must begin replacement.

For each PWS that has implemented optimal corrosion control, completed applicable source water treatment requirements or completed LSLR requirements and the date of the State's determination that these requirements have been met. 40 CFR 142.15( c)( 4)( iii)( A)

40 CFR 142.15( c)( 4)( iii)( B)

40 CFR 142.15( c)( 4)( iii)( C)

40 CFR 142.15( c)( 4)( iii)( D)

40 CFR 142.15( c)( 4)( iii)( E)

40 CFR 142.15( c)( 4)( iii)( F) Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 Exhibit 2 Primacy Agency Recordkeeping and Reporting Requirements Requirement Regulatory Citation Minimum Frequency/ Retention Period 21 LCR specific Recordkeeping Maintain records of currently applicable or most recent State determinations, including all supporting information and explanation of technical basis for each decision.

For any system deemed to be optimized, maintain records of any conditions imposed by the State to ensure the continued operation and maintenance of CCT in place.

Maintain records of decisions to require a system to conduct CCT studies.

Maintain records of designations of optimal CCT.

Maintain records of designations of optimal WQPs.

Maintain records of decisions to modify a PWS's optimal CCT or WQPs.

Maintain records of determinations of source water treatment.

Maintain records of designations of maximum permissible concentrations of lead and copper in source water.

Maintain records of determinations establishing shorter LSLR schedules.

Maintain records of determinations of additional monitoring requirements and/ or other actions required to maintain optimal corrosion control by systems monitoring for lead and copper at the tap less frequently than once every six months that change treatment or add a new source of water.

Maintain records of system specific decisions regarding the content of written public education materials and/ or the distribution of these materials.

Maintain records of system specific determinations regarding use of non first draw samples at NTNCWSs and CWSs that operate 24 hours a day. 40 CFR 142.14( d)( 8)

40 CFR 142.14( d)( 8)( i)

40 CFR 142.14( d)( 8)( ii)

40 CFR 142.14( d)( 8)( iii)

40 CFR 142.14( d)( 8)( iv)

40 CFR 142.14( d)( 8)( v)

40 CFR 142.14( d)( 8)( vi)

40 CFR 142.14( d)( 8)( vii)

40 CFR 142.14( d)( 8)( viii)

40 CFR 142.14( d)( 8)( ix)

40 CFR 142.14( d)( 8)( x)

40 CFR 142.14( d)( 8)( xi) 12 years 12 years 12 years 12 years 12 years 12 years 12 years 12 years 12 years 12 years 12 years 12 years DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 Exhibit 2 Primacy Agency Recordkeeping and Reporting Requirements Requirement Regulatory Citation Minimum Frequency/ Retention Period 22 LCR specific Recordkeeping ( continued)

Maintain records of system specific designations of sampling locations for systems subject to reduced monitoring.

Maintain records of system specific determinations pertaining to alternative sample collection periods for systems subject to reduced monitoring.

Maintain records of determinations of small system monitoring waivers, waiver recertifications, and waiver revocations.

Maintain records of determinations regarding representative entry point locations at ground water systems.

Maintain records of system specific determinations regarding the submission of information to demonstrate compliance with partial LSLR requirements.

Maintain records of system specific decisions regarding the resubmission of detailed documentation demonstrating completion of public education requirements. 40 CFR 142.14( d)( 8)( xii)

40 CFR 142.14( d)( 8)( xiii)

40 CFR 142.14( d)( 8)( xiv)

40 CFR 142.14( d)( 8)( xv)

40 CFR 142.14( d)( 8)( xvi)

40 CFR 142.14( d)( 8)( xvii) 12 years 12 years 12 years 12 years 12 years 12 years Maintain records of reports and any other information submitted by PWSs. 40 CFR 142.14( d)( 9) 12 years Maintain records of State activities to verify compliance with State determinations.

Maintain records of State activities to verify compliance with the requirements related to partial LSLR and compliance with LSLR schedules.

Maintain records of State activities to invalidate tap water lead and copper samples.

Maintain records of each system's currently applicable or most recently designated monitoring requirements. 40 CFR 142.14( d)( 10)( i)

40 CFR 142.14( d)( 10)( ii)

40 CFR 142.14( d)( 10)( iii)

40 CFR 142.14( d)( 11) 12 years 12 years 12 years 12 years or until a new decision, determination, or designation has been issued DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 7 For existing systems, some of these requirements may not fall within the collection period for this ICR Amendment. See Appendices C and D for detail related to assumptions and burden calculations for these activities.

8 EPA has classified some of these as " general activities" and included burden and cost estimates in the 2001 PWSS Program ICR ( 2040 0090). This ICR Amendment includes burden and cost estimates for only those primacy activities detailed in Section 6 and Appendix C of this document.

23 4( b)( ii) Respondent Activities Respondents include both primacy agencies and water systems.

Public Water Systems CWS and NTNCWS owners and operators are required to comply with the LCR. In general, the LCR requires each of these water systems to undertake the following activities: 7

Plan monitoring and other activities.

Provide training to appropriate staff and to residents collecting samples.

Identify appropriate sampling sites and collect samples.

Review sample data, including the calculation of lead and copper 90th percentile levels.

Submit to the State monitoring data and any other documents or reports.

Record and maintain information.

In addition, some systems must submit corrosion control studies, recommend and submit information regarding the completion of CCT or source water treatment installation, conduct public education, or conduct LSL monitoring and notification.

Primacy Agencies Primacy agencies serve in the role of respondents when reporting compliance data to EPA. Primacy agencies are currently required to maintain records of each determination made and to report to EPA ( through SDWIS) in accordance with State reporting requirements ( 40 CFR 142.14 and 142.15). Currently, PWSs are required to report monitoring data to the States within specified time frames.

Primacy agencies undertake the following activities to ensure proper implementation of the LCR: 8

Coordinate with EPA.

Notify systems of requirements.

Make compliance determinations.

Provide technical assistance to PWSs. DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 24

Maintain data management systems.

Establish monitoring requirements.

Determine optimal corrosion control and source water treatment.

Determining maximum permissible lead and copper concentrations in source water.

Determine WQPs that demonstrate CCT has been optimized.

Review sampling plans.

Determine eligibility for reduced monitoring.

Enter monitoring and enforcement data.

Maintain records and supporting information, including State determinations and explanations for technical decisions regarding rule implementation. DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 9 These definitions were taken from Section 601 of the Regulatory Flexibility Act.

25 5 INFORMATION COLLECTED   AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT The following section discusses how EPA or the primacy 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 to small entities.

5( a) Agency Activities The Agency is responsible for promulgating and overseeing the implementation of the LCR and its revisions. The Agency is involved in the following activities:

Respond to questions about the regulations or guidance materials.

Review and analyze data submissions from primacy agencies to ensure consistent and appropriate implementation of the requirements.

Process and maintain the SDWIS data associated with primacy agency submissions.

These are all general activities that are covered by the PWSS Program ICR; therefore, this ICR Amendment does not include estimates for EPA burden and costs.

5( b) Collection Methodology and Management The LCR provides EPA with the authority to specify the format in which primacy agencies must report information to EPA. The Agency has specified in guidance, that this information be provided in an electronic format. OGWDW has established procedures and allocated resources for primacy agencies to submit information in electronic format to SDWIS.

The data generated as a result of the LCR and its modifications are integrated in the existing quarterly SDWIS reporting cycle. Having these data in a national automated data base allows the Agency to access needed information and provides sorting capabilities to compile and analyze data for Agency use and response to the public and outside agencies.

5( c) Small Entity Flexibility In developing the LCR and its modifications, EPA considered the requirement of the Small Business Regulatory Enforcement Fairness Act ( SBREFA) to minimize the burden of information collections on small entities. Small entities include " small businesses," " small organizations" and " small government jurisdictions." These terms are defined below: 9

A small business is any business that is independently owned and operated and not dominant in its field, as defined by the Small Business Administration regulations under Section 3 of the Small Business Act. DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 26

A small organization is any non profit enterprise that is independently owned and operated and not dominant in its field.

A small governmental jurisdiction is the government of a city, county, town, township, village, school district, or special district that has a population of fewer than 50,000. This definition may also include Indian Tribes.

The major requirement under SBREFA is a regulatory flexibility analysis ( RFA) of all rules that have a " significant economic impact on a substantial number of small entities." This ICR Amendment is not associated with new rules and, therefore, is not subject to the SBREFA. However, while preparing the LCRMR, EPA determined that the LCRMR would not have a significant impact on a substantial number of small entities.

EPA recognizes that some water systems are small entities; therefore, the LCRMR reduced to the extent practicable and appropriate the burden on PWSs, especially smaller systems. The regulations include the following examples of reduced burden for small systems:

Different compliance or reporting requirements or schedules that take into account the resources available to smaller water systems.

Consolidated or simplified compliance and reporting requirements.

No unnecessary or redundant requirements.

5( d) Collection Schedule For both the LCR and LCRMR, the Agency considered a wide range of alternatives for frequency of data collection and chose the option requiring the least frequent collection possible while remaining consistent with the overall objective of protecting public health. Where possible, primacy agency discretion in adjusting these frequencies has been allowed. Monitoring frequencies for PWSs have been carefully devised based on the following factors: system size, source type, system construction, and contaminant history.

The consequences of less frequent data collection include the possibility of failing to identify in a timely fashion significant contaminant concentrations which might threaten public health and safety. Although the modifications allow accelerated reduced monitoring frequencies and monitoring waivers, a system must first meet stringent criteria that the Agency believes are protective of public health. The LCRMR added a provision requiring systems that monitor annually or less frequently to notify the primacy agency within 60 days of changes in their treatment( s) or an addition of a new source of water. This allows the primacy agency to detect in a timely fashion whether the corrosivity of the water has increased due to these changes. Otherwise, a primacy agency would be unaware of changes in lead and copper levels until the next monitoring results were submitted, which could be as long as nine years for systems operating under a waiver. The provision also would allow a primacy agency to require a system to monitor more frequently or to take other appropriate actions if deemed necessary. DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 27 6 ESTIMATING BURDEN AND COSTS OF COLLECTION This ICR Amendment includes all information collection requirements of the LCR and will become part of the DDBP/ Chem/ Rads ICR, which was approved by OMB on November 29, 2001. Since the DDBP/ Chem/ Rads ICR expires on December 31, 2004, this ICR Amendment estimates burden and costs for years 2003 and 2004 only. This has been done to synchronize the ICR accounting periods for the DDBP/ Chem/ Rads ICR and this LCR Amendment.

6( a) Respondent Burden 6( a)( i) Burden to Public Water Systems The average annual respondent burden ( in labor hours) per PWS is summarized in Exhibit 3. Appendices C and D provide detail of the annual estimated respondent burden for PWSs. EPA estimates that the total annual respondent burden to PWSs is 1,581,363 hours for reporting, recordkeeping, and public educations activities of the LCR.

Only CWSs and NTNCWSs incur a burden associated with LCR requirements. The information collection burden for systems subject to the LCR requirements is estimated to average 21.2 hours per respondent per year ( 1,581,363 hours divided by 74,530 systems). This estimate includes time for reporting monitoring results; for maintaining records of all LCR activities; and for preparing, copying, mailing, submitting, or posting public education materials.

6( a)( ii) Burden to Primacy Agencies The average annual respondent burden ( in labor hours) for primacy agencies is detailed in Exhibit 4. EPA estimates that the annual burden incurred by primacy agencies for activities associated with the lead and copper regulation is approximately 198,686 hours. The information collection burden for primacy agencies is estimated to average 3,486 hours per primacy agency ( 198,686 hours divided by 57). This estimate includes costs for employing a corrosion control expert and costs to review various letters and results submitted by water systems in accordance with the LCR. Further detail about these activities and associated burden and costs is provided in Appendices C and E.

6( b) Respondent Costs 6( b)( i) Costs to Public Water Systems Exhibit 3 shows the annual average costs for PWSs over the two year ICR period. Appendix D provides detailed cost calculations for each information collection activity. EPA estimates that the annual PWS cost to comply with reporting, recordkeeping, and public education requirements of the LCR is about $ 49.45 million. Approximately $ 11.45 million is attributed to O& M costs annually; the remaining $ 38.0 million is attributed to labor costs.

Labor costs were calculated by multiplying the number of burden hours by the average hourly wage rate, including overhead. The average hourly wage rate is the rate quoted by the Bureau of Labor Statistics ( BLS) for SIC code 51 8031, " Local Government   Water and Liquid Waste Treatment Plant and System Operators." The quoted rate was $ 14.69 in 1999 dollars ( see http:// stats. bls. gov). For consistency, this rate has been inflated to September 2000 dollars using the Employment Cost Index. The inflated rate is $ 15.02. In addition, 60 percent overhead was assumed, bringing the loaded rate to $ 24.03 in September 2000 dollars. DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 10 According to the ICR Handbook, an employee works an average of 2,080 hours in one year; therefore, the hourly rate is determined by dividing the average FTE ($ 60,086) by 2,080 hours per year.

11 This model was designed to estimate the resources needed to fund State drinking water programs. It contains a comprehensive list of activities required to operate a drinking water program, including estimates of the number of systems impacted.

28 PWSs are not expected to incur capital costs to meet the LCR requirements. However, in addition to the labor costs, there are O& M costs associated with the LCR. These costs reflect non labor costs associated with analyzing samples and reporting sampling results as well as printing, delivering, posting, and publishing public education materials. Costs vary depending on the size of the community served by the system. No copying or postage costs are assumed for including public education materials as part of an existing bill. The O& M costs were carried forward from the 1999 LCR ICR, updated with current cost information ( e. g., postage rates), and adjusted for inflation. O& M costs and associated calculations are presented in greater detail in Appendix D.

6( b)( ii) Costs to Primacy Agencies Exhibit 4 shows the annual costs to primacy agencies, which are estimated at approximately $ 5.74 million. The costs include labor ($ 5.74 million) and O& M ($ 2,105) costs for the 198,686 hours estimated under this ICR Amendment. The labor costs are based on an average full time equivalent ( FTE) cost of $ 60,086 including overhead, which equates to approximately $ 28.89 per hour. 10 This rate, which has been inflated to year 2000 dollars, is based on the rate ($ 55,000) suggested by the workgroup that developed the State Workload Model in 1997.11 The only O& M costs incurred by States are related to calculating the 90th percentile from tap monitoring data. States perform this calculation for 50 percent of the systems and incur postage costs for sending results to the systems.

Exhibit 3 Annual PWS Burden and Costs Model Annual Monitoring Events/ Notifications Annual Burden Hours Annual Labor Cost Annual O& M Cost Total Annual Cost Tap Monitoring 11,379 498,033 $ 11,967,721 $ 1,118,546 $ 13,086,267 WQP Monitoring 189,005 220,300 $ 5,293,808 $ 6,790,743 $ 12,084,551 Source Water Monitoring 164 420 $ 10,091 $ 3,301 $ 13,392 LSL Monitoring 476,213 731,492 $ 17,577,757 $ 1,086,219 $ 18,663,976 Public Education 4,658 53,093 $ 1,275,822 $ 2,442,887 $ 3,718,709 Reporting 37,776 78,025 $ 1,874,947 $ 12,246 $ 1,887,192 Total 719,194 1,581,363 $ 38,000,145 $ 11,453,942 $ 49,454,087 DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 12 This is a simplifying assumption. Primacy activities for Wyoming and the District of Columbia are actually carried out by the respective EPA Regional offices.

29 Note: Detail may not add exactly to total due to independent rounding.

Exhibit 4 Annual Primacy Agency Burden and Costs Annual Reporting Events Annual Burden Hours Annual Labor Cost Annual O& M Cost Total Cost Total Review Burden 39,018 101,966 $ 2,945,340 $ 2,105 $ 2,947,445 Corrosion Control Expert N/ A 96,720 $ 2,794,241 $ 0 $ 2,794,241 Total Burden 39,018 198,686 $ 5,739,581 $ 2,105 $ 5,741,686 Note: Detail may not add exactly to total due to independent rounding.

6( c) Agency Burden and Costs Burden and costs to the federal government are incurred by EPA's drinking water program to assist States in implementing drinking water regulations. For this ICR Amendment, the incremental burden and costs of EPA information collection for implementing the LCR is assumed to be negligible. Agency burden and costs for general activities, such as compliance monitoring, enforcement, and other oversight activities, are included in the 2001 PWSS Program ICR. Agency burden and costs associated with direct implementation of the LCR in non primacy States ( Wyoming, Washington, D. C.) and Indian lands are included with the primacy agency estimates in sections 6( a) and 6( b).

6( d) Estimating Respondent Universe and Total Burden and Costs Respondents for this ICR Amendment include both PWSs and primacy agencies. This ICR Amendment estimates that 74,530 PWSs must meet information collection requirements associated with the LCR. All PWSs are not necessarily subject to each of the information collection requirements contained in this ICR Amendment. Appendices C and D describe in detail the total PWS universe that is expected to be subject to each requirement of the LCR.

In addition to the PWS respondents, this ICR Amendment assumes 57 primacy agencies ( 50 States plus the District of Columbia, U. S. territories, and the Navajo Nation). 12 Therefore, the total number of respondents is 74,587. The total costs and burden for these respondents are summarized in Exhibits 3 and 4.

6( e) Bottom Line Burden Hours and Costs The bottom line burden hours and costs appear in Exhibit 5. The annual bottom line information collection burden and costs to PWSs and primacy agencies to meet the information collection requirements of the LCR are approximately 1.78 million hours and $ 55.20 million, respectively. This includes approximately 1.58 million hours and $ 49.45 million for PWSs and approximately 0.20 million hours and $ 5.74 million for primacy agencies. O& M costs are estimated at approximately $ 11.46 million, about DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 13 This represents the " cost burden" as reported in the OMB inventory. Note that there are no capital costs associated with this ICR Amendment.

14 An October 5, 1999, PRA Change Worksheet ( OMB 83 C), officially removed from the 1993 PWSS Program ICR the burden hours associated with the LCR. However, the hours removed for the LCR did not account for the 105,002 hours already removed in 1996. Therefore, these 105,002 hours were effectively removed twice. In order to correct for this oversight, 105,002 hours were reintroduced into the 30 $ 2,100 for primacy agencies and about $ 11.45 million for PWSs. These burden and cost estimates include PWS and primacy agency burden only because EPA is not expected to incur any LCR specific burden or cost for the period of this ICR amendment.

Exhibit 5 Bottom Line Annual Burden and Costs Number of Respondents 74,587 = 74,530 + 57 Existing PWSs Primacy agencies Total Annual Responses 758,212 = 719,194 + 39,018 PWS responses Responses from primacy agencies Number of Responses per Respondent 10.2 = 758,212 / 74,587 Total annual responses from above Total respondents from above Total Respondent Hours 1,780,049 = 1,581,363 + 198,686 PWS hours Primacy agency hours Hours per Response 2.3 = 1,780,049 / 758,212 Total annual hours from above Total responses from above Annual O& M Costs13 $ 11,456k = $ 11,454k $ 2k Total PWS O& M costs Total primacy agency O& M costs Total Respondent Cost $ 55,196k = $ 49,454k + $ 5,742k For PWSs For primacy agencies Note: Detail may not add exactly to total due to independent rounding.

6( f) Reasons for Change in Burden On June 7, 1991, EPA, published the Lead and Copper Rule to control lead and copper in drinking water. An ICR was prepared to support the original 1991 LCR, titled Final Information Collection Request for National Primary Drinking Water Regulations for Lead and Copper, April 1991. Burden and costs for the LCR were then rolled into the 1993 PWSS Program ICR. In 1996, 105,002 burden hours were removed from the annual PWSS Program ICR burden in response to anticipated minor revisions to the LCR. When the minor revisions ( the LCRMR) were promulgated in 1999, burden and costs for the LCR and the LCRMR were included in a new rule specific, stand alone ICR. The LCR burden and costs are currently addressed in this separate ICR, titled Information Collection Request: National Primary Drinking Water Regulations for Lead and Copper ( OMB No. 2040 0210). This ICR expires in September 2002. The purpose of the 1999 LCR ICR was threefold:

1. To amend the 1993 PWSS Program ICR to remove the LCR burden and costs. 14 DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 PWSS Program ICR annual burden when it was revised in November 2001.

31 2. To present, in a stand alone ICR, the LCR burden and costs of the original LCR for the three year period of 1999 through 2001. These impacts were re calculated based on updated assumptions reflecting actual experience with rule implementation and current pricing factors ( e. g., labor rates).

3. To present the impacts of the LCRMR on the LCR burden and costs for the same threeyear period.

The annual burden estimated in the 1999 LCR ICR is 2,431,728 hours, which is the current LCR inventory. Exhibit 6 details the changes in burden and cost estimates ( both to primacy agencies and to PWSs) from the 1999 LCR ICR to this ICR Amendment. The following changes account for the differences in burden and cost estimates from the 1999 LCR ICR to this ICR Amendment:

Updated SDWIS data were derived from fourth quarter 2000 frozen inventory. These data were used to update the number of systems. Overall, there was a shift to smaller systems; the number of large systems decreased, and the number of small and medium systems increased.

Additionally, the average number of households per system was updated using the 2000 SDWIS data and the 2000 Census data, which indicate the average number of people per household.

One average labor rate of $ 24.03 was used for estimating PWS labor costs. An hourly rate of $ 14.69 in 1999 dollars was estimated, based on BLS statistics for water treatment plant and wastewater treatment plant operators. For consistency, this rate was adjusted to $ 15.02 in September 2000 dollars, then loaded by 60 percent to account for overhead costs.

One average labor rate was used for estimating primacy agency labor costs. An hourly rate of $ 28.89 in 2000 dollars was estimated. This rate is already loaded to account for overhead costs.

Postage rates are scheduled to increase to $ 0.37 for first class mailings by 2003. This rate was used for all mailings required by the LCR.

Several PWS and primacy agency requirements will be completed prior to 2003; therefore, burden for these activities was not included.

Startup activities for the LCRMR will be completed by 2003; therefore no burden was included for these activities. DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 32 Exhibit 6 Adjustments to Burden Hours from the 1999 LCR ICR PWSs and Primacy Agencies Activity 1999 Annual Burden Hours 2002 Annual Burden Hours Annual Change in Burden Hours Reason for Change in Burden Hours PWSs 1,953,557 1,581,363 ( 372,194) Several factors contribute to the decrease in PWS burden. Updated SDWIS data contributes to the decreased burden. Additionally, LCRMR start up activities were completed during the previous ICR period.

Primacy Agencies 478,171 198,686 ( 279,485) The decrease in burden results from the completion of LCRMR start up activities during the previous ICR period. Additionally, some activities specified by the 1991 LCR were completed during the previous ICR period ( e. g., notifying systems of requirements, setting WQP levels, specifying reduced sampling sites). Also, some general reporting and recordkeeping burden is now accounted for in the 2001 PWSS Program ICR.

TOTAL 2,431,728 1,780,049 ( 651,679) Total burden and change in burden after adjustments.

Note: Detail may not add exactly to total due to independent rounding.

The burden and cost estimates for this ICR Amendment will be added to the 2001 DDBP/ Chem/ Rads ICR. The affect of this is detailed in Exhibit 7 below.

Exhibit 7 Adjustments to Annual Burden Hours for the DDBP/ Chem/ Rads ICR PWSs and Primacy Agencies Action Annual Burden Hours Brief Explanation N/ A 4,337,535 Opening Inventory from 2001 DDBP/ Chem/ Rads ICR ( 2040 0204).

Add 1,780,049 This represents the estimated LCR annual burden that EPA proposes to add to the current inventory.

Total 6,117,584 Proposed DDBP/ Chem/ Rads ICR inventory hours, including LCR. DDBP/ Chem/ Rads ICR: LCR Amendment July 18, 2002 33 6( g) Burden Statement The public reporting burden for collections included in this ICR Amendment is detailed above. The total annual respondent burden ( for years 2003 and 2004) imposed by these collections is estimated to be 1.78 million hours, of which 1.58 million hours are attributable to PWSs and 0.20 million hours to primacy agencies. These estimates include time for information gathering, reporting, recordkeeping, public education, and State oversight activities.

Burden means the total time, effort, or financial resources expended by people to generate, maintain, retain, disclose, or provide information to or for a federal agency. This includes the time needed to review instructions, adjust the existing ways to comply with any previously applicable instructions and requirements, train personnel to respond to the information collection request, search data sources, complete and review the collection of information, and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a request for information collection unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Please send comments on the Agency's need for this information, accuracy of the burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques to Director, Office of Environmental Information, Collection Strategies Division, U. S. Environmental Protection Agency ( 2822), Ariel Rios Building, 1200 Pennsylvania Ave., N. W., Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA ICR number ( 1896.04) and OMB control number ( 2040 0204) in any correspondence.