SUPPORTING STATEMENT FOR EPA INFORMATION COLLECTION REQUEST NUMBER 0959.11 " FACILITY GROUND WATER MONITORING REQUIREMENTS "

July 31, 2001 TABLE OF CONTENTS 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2( a) NEED AND AUTHORITY FOR THE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . 5 2( b) USE AND USERS OF THE DATA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA . . . . . 9 3( a) NONDUPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3( b) PUBLIC NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3( c) CONSULTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3( d) EFFECTS OF LESS FREQUENT COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3( e) GENERAL GUIDELINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3( f) CONFIDENTIALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3( g) SENSITIVE QUESTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4. THE RESPONDENTS AND THE INFORMATION REQUESTED . . . . . . . . . . . . . . . . . . . . 11 4( a) RESPONDENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4( b) INFORMATION REQUESTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . 21 5( a) AGENCY ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5( b) COLLECTION METHODOLOGY AND MANAGEMENT . . . . . . . . . . . . . . . . . . . 22 5( c) SMALL ENTITY FLEXIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 5( d) COLLECTION SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6. ESTIMATING THE BURDEN AND COST OF COLLECTION . . . . . . . . . . . . . . . . . . . . . . 24 6( a) ESTIMATING RESPONDENT BURDEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6( b) ESTIMATING RESPONDENT COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6( c) ESTIMATING AGENCY BURDEN AND COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6( d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 6( e) BOTTOM LINE BURDEN HOURS AND COST . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 6( f) REASONS FOR CHANGE IN BURDEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 6( g) BURDEN STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 EXHIBITS Estimated Annual Respondent Hour and Cost Burden: Permitted Facilities ( Exhibit 1) . . . . . . . . . . . . . 34 Estimated Annual Respondent Hour and Cost Burden: Interim Status Facilities ( Exhibit 2) . . . . . . . . . . 36 Estimated Agency Burden and Hour Burden: Permitted Facilities ( Exhibit 3) . . . . . . . . . . . . . . . . . . . . 39 Estimated Agency Hour and Cost Burden: Interim Status Facilities ( Exhibit 4) . . . . . . . . . . . . . . . . . . . 40 Respondent Burden and Cost Summary ( Exhibit 5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Agency Burden and Cost Summary ( Exhibit 6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection This Information Collection Request ( ICR) is entitled, " Facility Ground Water Monitoring Requirements," ICR number 959.11. This ICR renews the previous ICR, " Facility Ground Water Monitoring Requirements," ICR number 959.10.

1( b) Short Characterization Subtitle C of the Resource Conservation and Recovery Act of 1976 ( RCRA) creates a comprehensive program for the safe management of hazardous waste. Section 3004 of RCRA requires owners and operators of facilities that treat, store, or dispose of hazardous waste to comply with standards established by EPA that are " necessary to protect human health and the environment." Section 3005 provides for implementation of these standards under permits issued to owners and operators by EPA or authorized States. Section 3005 also allows owners and operators of facilities in existence when the regulations came into effect to comply with applicable notice requirements to operate until a permit is issued or denied. This statutory authorization to operate prior to permit determination is commonly known as " interim status." Owners and operators of interim status facilities also must comply with standards set under Section 3004.

EPA promulgated ground water monitoring standards for interim status facilities in 1980 ( 45 FR 33154; May 19, 1980), codified in 40 CFR Part 265, Subpart F, and for permitted facilities in 1982 ( 47 FR 32274; July 26, 1982), codified in 40 CFR Part 264, Subpart F. Both sets of standards establish programs for protecting ground water from releases of hazardous wastes from land disposal facilities ( LDFs). Under Part 264, LDFs also are known as regulated units and include surface impoundments, waste piles, land treatment units, and landfills.

This ICR examines the ground water monitoring standards for permitted and interim status facilities at 40 CFR Parts 264 and 265, as specified. Sections 1 through 5 of this ICR describe the groundwater monitoring information collection requirements. In Section 6, EPA estimates the annual hour and cost burden to respondents and the Agency in carrying out these requirements.

In the following paragraphs, EPA summarizes the terms of clearance of the Office of Management and Budget ( OMB) that apply to this ICR ( italicized) and the efforts EPA has taken to address them:

° OMB has asked EPA to examine whether semi annual groundwater monitoring under the provisions of 40 CFR 264.99( f) is needed in all cases, or whether less frequent monitoring may be sufficient to achieve the purpose of Part 264 in certain geological terrains or under certain site specific conditions. Based on the results of this examination, OMB recommends that EPA initiate rulemaking to amend Part 264 as appropriate.

During the past several years, EPA has undertaken a comprehensive effort to review all of the RCRA hazardous waste recordkeeping and reporting requirements and their burden on the public, regulated entities and the States; review burden reduction ideas developed by EPA offices and the regulated community; and seek input from the States and others. As part of this effort, EPA reviewed and evaluated all of the ground water monitoring information collection requirements 2 under Parts 264 and 265, including the requirement at section 264.99( f) for semi annual sampling for facilities performing compliance monitoring. Based on this evaluation, EPA chose to retain the sampling frequency at 264.99( f). However, EPA has identified many other ground water monitoring requirements to streamline or eliminate, such as streamlining certain sampling requirements; adding increased flexibility for regulators to tailor monitoring requirements to sitespecific conditions; and eliminating duplicative or unnecessary reporting.

On June 18, 1999, EPA issued a Notice of Data Availability, requesting public comment on these and other ideas for reducing burden ( 64 FR 32859). Since then, EPA has reviewed and considered the public comments and continued its analysis of burden reduction strategies. Based on these efforts, the Agency intends to propose a rulemaking in the very near future to streamline or eliminate many RCRA paperwork standards.

° OMB has asked EPA to revise its estimate of burden to ensure that the respondent burden attributable to contractor labor is appropriately counted in the Agency's estimate of the total burden hours imposed by the collection.

In preparing this ICR, EPA conducted a thorough review of its burden assumptions to evaluate whether, and the extent to which, the respondent hour burden includes hours for both regulated entities and their contractors. From this review, EPA concluded that the ICR fully accounted for regulated entity labor hours, but not contractor labor hours. The ICR accounted for contractor labor costs only ( expressed as O& M costs in the exhibits).

To ascertain burden estimates for both regulated entities and their contractors, EPA took several steps. For most of the estimates, EPA referred to the approved " Part B Permit Application, Permit Modifications, and Special Permits," ICR number 1573. The Part B ICR examines many activities that are similar to the activities in this ICR ( e. g., the Part B ICR examines ground water related activities under 40 CFR 270.14( c)). Because the Part B ICR has already been revised to fully reflect contractor labor, EPA incorporated the Part B ICR's burden estimates into this ICR, as appropriate. In addition, EPA conducted limited consultations with industry to ascertain the burden to regulated entities and their contractors for certain activities that are not examined in the Part B ICR ( e. g., ground water sampling). Finally, EPA used its best judgment in a few circumstances to develop burden estimates for regulated entities and contractors ( e. g., for notifications and other low burden activities). From these efforts, the Agency is confident that this ICR reflects labor hours for both regulated entities and their contractors to perform the groundwater monitoring requirements.

The following paragraphs describe the information collection requirements addressed in this ICR.

PERMITTED FACILITIES 40 CFR Part 264, Subpart F establishes requirements for permitted LDFs, but not all information requirements in Part 264 are covered in this ICR. The information collection requirements in the following sections are found in either " General Hazardous Waste Facility Standards," ICR number 1571, or " Part B Permit Application, Permit Modifications, and Special Permits," ICR number 1573. 3 Applicability, Compliance Period, and General Ground Water Monitoring Requirements Information collection requirements under sections 264.90, 264.96, and 264.97 are covered in either ICR Nos. 1571 or 1573 because they are either retained in the operating record or submitted with a permit application. Section 264.90( b) discusses demonstrations for exemption from regulation of releases into the uppermost aquifer. These requirements are covered in ICR number 1573. Section 264.96( c) discusses demonstrations that the ground water protection standard of section 264.92 has not been exceeded for three years. Section 264.97( g)( 1)( 2) covers proposals for intervals between sampling and sampling procedures. These requirements are covered in ICR number 1571. Section 264.97( h) discusses statistical methods used for evaluating ground water data. Section 264.97( j) discusses the recordkeeping of ground water data. These requirements are covered in ICR number 1573. Requirements under these sections are not discussed elsewhere in this ICR.

Detection Monitoring Program Under section 264.98, owners and operators of LDFs are required to implement a detection monitoring program to determine whether hazardous wastes are leaking from the facility at levels great enough to warrant compliance monitoring under section 264.99. The detection monitoring requirements under 40 CFR 264.98 require owners and operators to keep a record of all ground water analytical data collected during monitoring, and to submit notifications of detected contamination, the presence of new constituents, and exceeded concentration limits. Records under these sections must be made available to EPA for review. The following detection monitoring sections are not included in this ICR. Section 264.98( g)( 4) addresses application for a permit modification to establish a compliance monitoring program. Section 264.98( h) addresses application for a permit modification to make changes to the detection monitoring program. These requirements are covered in ICR number 1573.

Compliance Monitoring Program Under section 264.99, owners and operators may have to implement a compliance monitoring program to determine if a statistically significant increase over the concentration limits of the hazardous constituents listed in the permit exists. The compliance monitoring requirements under 40 CFR 264.99 require owners and operators to keep a record of all ground water analytical data collected during monitoring, and to submit notifications of detected contamination, the presence of new constituents, and exceeded concentration limits. Records under these sections must be made available to EPA for review. Owners and operators of facilities detecting contamination must also submit an engineering feasibility plan for corrective action or, if they wish to seek approval of an alternate concentration limit ( ACL), all data necessary to establish an ACL. The following compliance monitoring sections are not included in this ICR. Section 264.99( h)( 2) discusses application for a permit modification to establish a corrective action program. Sections 264.99( i)( 3) and 264.99( j) discuss applications for permit modifications to make changes to the compliance monitoring program because of contamination from a non regulated unit, and changes to the compliance monitoring program, respectively. These requirements are covered in ICR number 1573.

Corrective Action Under section 264.100, corrective action may be instituted to bring a facility back into compliance with the ground water protection standard. The corrective action requirements under 40 CFR 264.100 4 require owners and operators to make demonstrations in order to terminate, or obtain exemptions from, corrective action. Owners and operators conducting a corrective action program must keep a record of all ground water analytical data collected during monitoring, submit reports on the effectiveness of the program, and submit permit modification applications where appropriate. The following corrective action program sections are not included in this ICR. Section 264.100( h) addresses application for permit modifications to make changes to the corrective action program. These requirements are covered in ICR number 1573. Section 264.101( c) discusses demonstrations for exemption from undertaking corrective action beyond the facility boundary. These requirements are all covered in ICR number 1571.

INTERIM STATUS FACILITIES 40 CFR Part 265, Subpart F establishes requirements for interim status land disposal facilities. All of the information collection requirements for interim status LDFs are covered by this ICR.

Applicability and Alternative Ground Water Monitoring Systems Under section 265.90, all or part of the interim status ground water monitoring requirements may be waived if the owner or operator provides ( 1) a written demonstration establishing that corrosive wastes from the facility will be neutralized to the extent that they no longer meet corrosivity characteristics before they can migrate out of the impoundment, and/ or ( 2) a written demonstration, kept at the facility, which establishes that there is a low potential for migration of hazardous waste or hazardous waste constituents from the facility through the uppermost aquifer to water supply wells or to surface water. The first demonstration applies only to surface impoundments that are used to neutralize wastes which are hazardous solely because they exhibit corrosivity characteristics, and contain no other hazardous wastes.

40 CFR 265.90 also allows some owners and operators to implement an alternative ground water monitoring system. Owners and operators installing an alternative system must submit a specific plan that meets the regulatory standards of section 265.93( d)( 3). Owners and operators of these facilities must also conduct a ground water quality assessment program, report the initial results of the assessment program to the Regional Administrator, and keep records of subsequent quarterly assessments until final closure of the facility. An annual ground water quality assessment report is also required.

40 CFR 265.91 also allows some owners and operators to select an alternate hydraulically downgradient monitoring well location, provided they meet certain criteria, make and a submit a demonstration and obtain a certification from a qualified ground water scientist.

Sampling, Analysis and Assessment 40 CFR 265.92 and 265.93 require owners and operators of non exempt interim status facilities to develop and conduct a sampling and analysis program to monitor for ground water contamination, and to implement a ground water quality assessment program if contamination is detected. Ground water quality assessment plans must be submitted to EPA. The sampling and analysis plan must be kept at the facility, and made available for inspection so that EPA may refer to it in evaluating the effectiveness of the program. Owners and operators must also provide notification of changes in indicator parameter concentrations and provide an initial ground water quality assessment report. Notifications and reports are collected and analyzed by EPA in order to provide immediate information on contamination and changes in ground water quality. 5 Recordkeeping and Recording Specific recordkeeping and reporting requirements for interim status LDFs are established under 40 CFR 265.94. These regulations require that facilities not conducting ground water quality assessments keep records of all ground water analytical data at the facility. These facilities also are required to submit quarterly reports during the first year on drinking water suitability parameters, and annual reports on indicator parameter concentrations, variations from background levels, and ground water surface elevations. Facilities conducting ground water quality assessments must keep records of the data obtained during the assessments, and submit annual ground water quality assessment reports. Reports collected under this section provide EPA with the information necessary to evaluate the impact of the facility on ground water quality. Records are not submitted to EPA but must be made available for inspection.

2. NEED FOR AND USE OF THE COLLECTION 2( a) NEED AND AUTHORITY FOR THE COLLECTION PERMITTED FACILITIES Detection Monitoring 40 CFR 264.98( c) requires owners and operators of facilities conducting a detection monitoring program to keep a record of all ground water analytical data obtained under the program. Owners and operators must notify EPA of any statistically significant evidence of ground water contamination ( § 264.98( g)( 1)), but may demonstrate that such contamination is caused by a source other than the regulated facility. Owners and operators detecting contamination are required to submit an engineering feasibility plan for a corrective action program and, if they wish to seek approval for an ACL, all data necessary to establish an ACL ( § 264.98( g)( 5)). Owners, operators and EPA use the information required under this section to determine whether the facility is affecting ground water quality, and whether a compliance monitoring program under section 264.99 is warranted. This information is also used for developing and evaluating an appropriate compliance monitoring program. The detection monitoring requirements contribute to EPA's goal of preventing undetected releases of hazardous waste from treatment, storage, and disposal facilities.

Compliance Monitoring 40 CFR 264.99( c)( 2) requires owners and operators of facilities conducting a compliance monitoring program to keep a record of all ground water analytical data obtained during monitoring. Owners and operators are required under sections 264.99( g) and ( h) to notify EPA of the presence of new constituents or exceeded concentration limits at any monitoring well. Section 264.99( i) allows owners and operators to demonstrate that the exceeded concentration limits are caused by a source other than the regulated facility, or by an error in sampling and analysis. The information in this section is used by owners, operators and EPA to evaluate the extent of ground water contamination at the facility and to determine whether a corrective action program under section 264.100 is warranted. The compliance monitoring requirements contribute to EPA's goal of ensuring that ground water contamination that exceeds acceptable levels is quickly identified and addressed.

Corrective Action 6 EPA promulgated regulations in 40 CFR 264.100 establishing requirements for owners and operators of hazardous waste LDFs conducting a corrective action program. Section 264.100( g) requires owners and operators conducting a corrective action program to submit a semi annual report on the effectiveness of the program. This report allows EPA to monitor the progress of corrective action and identify any changes that should be made to the program. Exemption from the corrective action requirements may be obtained by submitting a demonstration under section 264.100( e)( 2). Corrective action may be terminated by demonstrating that the ground water protection standard has not been exceeded for a period of three consecutive years under section 264.100( f). This information is used by EPA to confirm that corrective action is undertaken where necessary to address ground water contamination. The corrective action requirements contribute to EPA's goal of minimizing damage to the environment caused by the treatment, storage and disposal of hazardous waste by bringing regulated facilities back into compliance with their ground water protection standards.

INTERIM STATUS FACILITIES Applicability and Alternative Ground Water Monitoring Systems EPA promulgated standards in 40 CFR 265.90 establishing the applicability of ground water monitoring and requirements for alternative ground water monitoring systems. To waive the ground water monitoring requirements, owners and operators must submit the demonstrations required under 40 CFR 265.90( c) and/ or 265.90( e). The demonstrations under this section are meant to ensure that LDFs are not unnecessarily required to conduct ground water monitoring. Non exempt facilities planning to implement an alternative ground water monitoring system must submit a monitoring plan ( § 265.90( d)( 1)), as well as initial and periodic reports on ground water quality as required under sections 265.90( d)( 3) and ( 5), and must maintain a record of all ground water quality assessments at the facility. Facilities planning to implement an alternate hydraulically downgradient monitoring well location must meet certain criteria, make and a submit a demonstration and obtain a certification from a qualified ground water scientist. The requirements for alternative ground water monitoring systems ensure that the alternative systems used are capable of early contamination detection, and the reports submitted to EPA are used to assess the impact of the facility on ground water quality. This information contributes to EPA's goal of quickly detecting and characterizing contamination from LDFs in order to minimize damage to human health and the environment.

Sampling, Analysis and Assessment EPA promulgated regulations in 40 CFR 265.92 requiring owners and operators to develop and implement sampling and analysis procedures for identifying ground water contamination. The sampling and analysis plan must be kept on file at the facility and may be reviewed by EPA to determine whether the procedures effectively detect ground water contamination ( § 265.92( a)). Section 265.93( d)( 1) requires owners and operators to notify EPA in writing of significant increases ( or pH decreases) in indicator parameter concentrations at downgradient wells. Owners and operators of facilities where contamination is detected must develop and implement a ground water quality assessment program, and submit an initial assessment report ( § 265.93( d)). These requirements provide EPA with the information necessary to evaluate the impact of the facility on ground water quality. The sampling, analysis and assessment requirements contribute to EPA's goal of quickly detecting and characterizing contamination from LDFs in order to minimize damage to human health and the environment. 7 Recordkeeping and Reporting EPA promulgated regulations in 40 CFR 265.94( a) establishing recordkeeping and reporting requirements for interim status facilities not conducting a ground water quality assessment program. The regulations direct owners and operators of these facilities to keep records of initial background data, annual and semi annual ground water quality and indicator parameter analyses, and ground water surface elevation data. A record of subsequent indicator parameter comparisons with background levels is also required. Reports included under this section include a quarterly report on drinking water suitability parameters during the first year, and annual reports on indicator parameters and variances from background concentrations, and an annual report on ground water surface elevations.

40 CFR 265.94( b) establishes recordkeeping and reporting requirements for facilities conducting ground water quality assessment programs. Owners and operators of these facilities are required to keep records of analyses and evaluations conducted under the program, and to submit annual assessment reports to the Regional Administrator.

The records required under this section provide owners and operators with the information necessary to evaluate changes in ground water quality at their facilities over time. The reporting requirements supply EPA with the information necessary to determine the impact of the facility on groundwater quality. These recordkeeping and reporting requirements contribute to EPA's goal of preventing undetected releases of hazardous waste from treatment, storage and disposal facilities.

2( b) USE AND USERS OF THE DATA PERMITTED FACILITIES Detection Monitoring Records of ground water analytical data are used primarily by owners and operators in determining whether their facilities are contaminating ground water. Notifications of detected contamination are used by EPA to identify facilities that warrant closer attention, and as a basis for evaluating plans for compliance monitoring programs at these facilities. EPA uses data justifying ACLs to determine whether the new limits requested by owners and operators at a contaminated facility are appropriate, and uses engineering feasibility plans for corrective action to determine whether the proposed corrective action program will be effective at the contaminated facility. Demonstrations submitted under this section are used by owners and operators to obtain exemptions from the burden of conducting further monitoring or corrective action activities for contamination which is unrelated to activities at the facility.

Compliance Monitoring Records of ground water analytical data required under the compliance monitoring program are used primarily by owners and operators in determining the extent of ground water contamination, and in identifying exceeded concentration limits or new constituents. Notifications of new constituents are used by EPA in updating the facility monitoring requirements so that all constituents are carefully monitored. EPA uses notifications of exceeded concentration limits to learn as much as possible about the ground water impact of each contaminated facility, and as a basis for evaluating plans for corrective action. Demonstrations submitted under this section are used by owners and operators to obtain exemptions from 8 the burden of conducting corrective action for contamination which is unrelated to activities at the facility.

Corrective Action Owners and operators of some contaminated facilities use the exemption demonstration submitted under this section to establish lack of need to implement a corrective action program. The demonstration required to terminate corrective action is used by EPA to evaluate the need for continued efforts where corrective action has already been instituted, and by owners and operators to justify such termination. Reports on the effectiveness of corrective action are used by both EPA and owners and operators to evaluate the success of corrective action and identify any improvements which can be made to the program.

INTERIM STATUS FACILITIES Applicability and Alternative Ground Water Monitoring Systems The exemption demonstrations provided under this section are used by owners and operators of interim status facilities to minimize their monitoring burden, provided that their facilities pose little or no threat to ground water quality. Plans for an alternative ground water monitoring system are used by owners and operators of some facilities as a guideline for conducting ground water quality analyses. The alternative ground water monitoring plan is reviewed by EPA to determine whether it is appropriate for the specific facility, and the terms of the plan are enforceable against the owner or operator. Ground water quality assessment reports and records of analyses conducted at facilities using alternative systems are used by owners, operators and EPA to determine the impact of these facilities on ground water quality, and to identify any changes which should be made to the alternative ground water monitoring program. Alternate downgradient well locations give some facilities flexibility in placing ground water monitoring wells. The demonstrations allow EPA to assure that these alternate well locations will not adversely threaten groundwater quality.

Sampling, Analysis and Assessment The ground water sampling and analysis plan required under this section is used primarily by owners and operators as a guideline for determining whether their facilities are leaking. Although the sampling and analysis plan is not formally submitted to EPA, it may be reviewed by EPA at any time to determine whether it is appropriate for identifying and evaluating ground water contamination at the facility. The terms of the plan are enforceable against the owner or operator. Notifications of increased indicator parameter concentrations are used by EPA to identify facilities requiring ground water quality assessment plans. The plan is used primarily as a guideline for owners and operators in determining the extent of ground water contamination. Reports on ground water quality are used both by owners and operators and by EPA to evaluate the degree of ground water contamination and the extent of contaminant migration.

Recordkeeping and Reporting The recordkeeping requirements under section 265.90( a) require owners and operators of facilities not conducting ground water quality assessment programs to keep records of initial background data; subsequent analyses of ground water quality and indicator parameters; ground water surface elevations; indicator parameter comparisons with background levels; and ground water quality assessment data. These 9 records are used primarily by owners and operators, but may also be reviewed by EPA upon request. Background data are used as a baseline for evaluations of ground water quality. Subsequent analyses and comparisons with background levels are used by owners and operators to identify leaking contaminants. Records of ground water surface elevations assist owners and operators in determining whether monitoring samples are being drawn from appropriately located wells. Records required in this section also provide an ongoing history of ground water quality at the facility, which is important because changes in ground water quality may occur slowly over time.

Reports on drinking water suitability parameters submitted during the first year are used by EPA to identify facilities which may already be contaminating ground water and to establish priorities for issuing permits. Reports on indicator parameters are used by EPA to evaluate the impact of the facility on ground water quality and to identify facilities where further investigation or action is warranted. Reports on ground water surface elevations are used by EPA to confirm that monitoring wells are appropriately placed.

The recordkeeping requirements of section 265.90( b) require owners and operators of facilities conducting ground water quality assessments to record and report on information collected during the assessments. The records and reports are used by owners and operators and EPA, respectively, to evaluate the impact of facilities on ground water quality.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) NONDUPLICATION RCRA is currently the sole Federal statutory vehicle for protecting ground water quality from the effects of the hazardous waste TSDFs for which this monitoring is being required. Pursuant to the Clean Water Act, standards have been established for maintaining surface water quality; however, that Act has limited jurisdiction over ground water, and the implementation of the Act has only sought to protect against ground water contamination by activities such as sewage treatment and related sludge disposal. The requirements of RCRA thus provide the only means for gathering information to use in determining the ground water quality impacts of the regulated facilities. Most of the information required by RCRA is not available from any source but the respondents.

3( b) PUBLIC NOTICE 3( c) CONSULTATIONS To ascertain the hour and cost burden to regulated entities and their contractors in performing specified monitoring activities, EPA consulted with two members of the regulated industry and one contractor with extensive experience in hydrogeology. The industry respondents gave burden estimates based on their own site experience ( e. g., based on their site's number of wells). To standardize feedback across the respondents, EPA scaled their burden estimates to reflect the burden for a representative facility with five ground water monitoring wells. The respondents included: 10 ! Gerald Wrye, Eastman Chemical Company ! John Baker, Waste Management, Inc.

! Gerald Hawk, ICF Consulting 3( d) EFFECTS OF LESS FREQUENT COLLECTION Collecting these data less frequently would hinder the Agency in promptly identifying facilities that may be discharging hazardous wastes or constituents to ground water. Thus, Agency action to require remediation for the protection of potential ground water users would be hampered or delayed. If contamination problems are allowed to proliferate and persist unremediated, the potential cost of future remediation may grow substantially. Additionally, for facilities which are known to be discharging hazardous wastes to ground water, a reduction in the information collection requirements would seriously impair the Agency's ability to assess the rate of movement and extent of contamination from discharging facilities.

3( e) GENERAL GUIDELINES Requirements and justification for reporting information to the Agency more often than quarterly are discussed under Section 4( d). Collection activities that must be prepared in less than 30 days are also discussed in Section 4( d). Sections 265.94( a)( 1) and 265.94( b)( 1) require the maintenance of records throughout the active life of the facility and, for disposal facilities, throughout the post closure care period as well. These records provide a baseline for determining the presence and concentration of hazardous releases to ground water, and provide a means to assess the effects of the facility on ground water throughout its active life. Without these records, the impact of the facility on the ground water beneath and adjacent to it cannot be ascertained.

3( f) CONFIDENTIALITY Section 3007( b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA's general policy on the public disclosure of information, contain provisions for confidentiality.

3( g) SENSITIVE QUESTIONS No questions of a sensitive nature are included in any of the information collection requirements. 11 4. THE RESPONDENTS AND THE INFORMATION COLLECTED 4( a) Respondents and SIC Codes Following are the Standard Industrial Classification ( SIC) codes and the North American Industry Classification System ( NAICS) codes of facilities most likely subject to the requirements in this ICR.

Description SIC Codes NAICS Codes Industrial Inorganic Chemicals 281 32518, 32513 Plastic materials, Synthetic Resins, etc. 282 3252 Drugs 283 3254 Soaps, Detergents, etc. 284 3256 Paints, Varnishes, etc. 285 32551 Industrial Organic Chemicals 286 32511, 32512, 32519 Miscellaneous Chemical Products 289 3255 Petroleum 291 324199 Metal Working 330 331 Sanitary Services 495 5622, 5629 4( b) Information Collected PERMITTED FACILITIES Reading the Regulations ( i) Data items:

There are no data items associated with reading the regulations. However, respondents must first read the regulations in order to comply with ground water monitoring requirements.

( ii) Respondent activities:

In order to comply with the ground water monitoring requirements, respondents must perform the following activities:

! Read the regulations.

Ground water Monitoring System 12 ( i) Data items:

There are no data items associated with implementing a ground water monitoring system. However, respondents must implement a ground water monitoring system in order to comply with groundwater monitoring requirements.

( ii) Respondent activities:

In order to implement a ground water monitoring system, respondents must perform the following activities:

! Conduct a hydrogeologic investigation; and ! Design and install a ground water monitoring system.

Detection Monitoring ( i) Data items:

Owners and operators required to perform detection monitoring must provide the following data:

! A record of ground water analytical data as measured and in a form necessary for the determination of statistical significance, as required by § 264.98( c);

! Notification to the Regional Administrator within seven days of statistically significant evidence of contamination, including information on chemical parameters or hazardous constituents, as required by § 264.98( g)( 1);

! All data necessary to justify an alternate concentration limit if sought under § 264.94( b), submitted within 180 days of confirmation of a release of hazardous constituents to ground water, as required by § 264.98( g)( 5)( i);

! An engineering feasibility plan for a corrective action program, submitted within 180 days of confirmation of a release of hazardous constituents to ground water, as required by § 264.98( g)( 5)( ii);

! To demonstrate that contamination, if detected, is caused by a source other than a regulated unit or by an error in sampling, analysis, statistical evaluation or natural variation in the ground water, as required by § 264.98( g)( 6);

 A notification to the Regional Administrator, submitted within seven days of detection, of intent to make such a demonstration.

 A report to EPA, submitted within 90 days of the notification, demonstrating that the exceeded standards were caused by a source other than a regulated unit or by an error in sampling, analysis, or evaluation. 13 ( ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities:

! Determine the ground water flow rate and direction ( annually);

! Sample and analyze ground water ( semi annually);

! Record ground water analytical data at the facility ( semi annually);

! Prepare and submit the notification of contamination;

! Re sample and analyze ground water for Appendix IX constituents;

! Compile and submit data necessary to establish an alternate concentration limit;

! Prepare and submit an engineering feasibility plan for corrective action;

! Prepare and submit notification of intent to make a demonstration of error or contamination from another source; and ! Prepare and submit the demonstration.

Compliance Monitoring ( i) Data items:

Owners and operators required to perform compliance monitoring must provide the following data:

! A record of all ground water analytical data obtained under the compliance monitoring program as measured and in a form necessary for the determination of statistical significance by § 264.99( c)( 2);

! Notification, submitted to the Regional Administrator within seven days of initial or confirmed analysis, of the presence of new constituents in ground water not already identified in the facility permit, and their concentrations, as required by § 264.99( g);

! Notification, submitted to the Regional Administrator within seven days of detection, that concentration limits under § 264.94 are being exceeded at any monitoring well, as required by § 264.99( h)( 1);

! To demonstrate that contamination, if detected, is caused by a source other than a regulated unit or by an error in sampling, analysis, statistical evaluation or natural variation in the ground water, as required by § 264.99( i):

 A notification to the Regional Administrator, submitted within seven days of detection, of intent to make such a demonstration. 14  A report, submitted within 90 days of the notification, demonstrating that the exceeded standards were caused by a source other than a regulated unit or by an error in sampling, analysis, or evaluation.

( ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities:

! Determine the ground water flow rate and direction ( annually);

! Sample and analyze ground water ( semi annually);

! Record ground water analytical data at the facility ( semi annually).

! Compile information for notification of new constituents;

! Prepare and submit the notification of new constituents;

! Compile information on exceeded concentration limits;

! Prepare and submit the notification of exceeded concentration limits;

! Prepare and submit a notification of intent to make a demonstration of error or contamination from another source; and ! Prepare and submit the demonstration.

Corrective Action ( i) Data items:

Owners and operators required to perform corrective action must provide the following data:

! To obtain an exemption from the requirements to take corrective action beyond the facility's boundary, a demonstration that the owner or operator was unable to obtain the necessary permission to undertake such corrective action, despite his or her best efforts, as required by § 264.100( e)( 2);

! To terminate corrective action, a demonstration, as required by § 264.100( f) that the ground water protection standard has not been exceeded for a period of three consecutive years;

! A semi annual report on the effectiveness of the corrective action program, as required by § 264.100( g); and ( ii) Respondent activities: 15 In order to provide the data items listed above, respondents must perform the following activities:

! Design and install additional ground water monitoring wells;

! Sample and analyze ground water ( semi annually);

! Record ground water analytical data at the facility ( semi annually);

! Compile and submit information for the demonstration for exemption from corrective action;

! Compile and submit information for the demonstration for termination of corrective action;

! Develop and submit to EPA a semi annual report on the effectiveness of the program.

INTERIM STATUS FACILITIES Reading the Regulations ( i) Data items:

There are no data items associated with regulations. However, respondents must first read the regulations in order to comply with ground water monitoring requirements.

( ii) Respondent activities:

In order to comply with the ground water monitoring requirements, respondents must perform the following activities:

! Read the regulations.

Applicability and Alternative Ground Water Monitoring Systems ( i) Data items:

Section 265.90 establishes the applicability of the ground water monitoring requirements at interim status facilities, and discusses requirements for alternative ground water monitoring systems. Data items required under these regulations include:

! A demonstration, necessary in order to waive all or part of the ground water monitoring requirements, of low potential for migration of hazardous waste or hazardous waste constituents from the facility through the uppermost aquifer to water supply wells or surface water ( § 265.90 ( c)). This demonstration must be kept in writing at the facility and must be certified by a qualified geologist or geotechnical engineer. The demonstration must establish the following: 16  The potential for migration of hazardous waste or hazardous waste constituents from the facility to the uppermost aquifer by an evaluation of water balance and unsaturated zone characteristics; and  The potential for hazardous waste or hazardous waste constituents which enter the uppermost aquifer to migrate to a water supply well or surface water by an evaluation of saturated zone characteristics and the proximity of the facility to water supply wells or surface water;

! A demonstration, necessary in order to waive the ground water monitoring requirements for certain surface impoundments, that establishes, based upon consideration of the characteristics of the wastes and the impoundment, that the corrosive wastes will be neutralized to the extent that they no longer meet the corrosivity characteristic before they can migrate out of the impoundment. This demonstration must be in writing and must be certified by a qualified professional ( § 265.90( e));

! If necessary, a specific plan for an alternative ground water monitoring system, certified by a qualified geologist or geotechnical engineer and submitted to the Regional Administrator within one year after the effective date of the regulations or within one year of obtaining interim status ( § 265.90( d)( 1));

! If an alternative ground water monitoring system is used, a written report containing an assessment of ground water quality submitted to the Regional Administrator within 15 days of the initial assessment, followed by annual reports submitted by March 1 following each calendar year ( § 265.90( d)( 3) and ( 5)); and ! For alternative systems, a record of the analyses conducted to determine ground water quality under § 265.90( d)( 3) to be kept throughout the active life of the facility, and, for disposal facilities throughout the post closure period as well ( § 265.90( d)( 5)).

! For alternate hydraulically downgradient monitoring well locations, a demonstration showing that the location will meet the criteria outlined in § 265.91( a)( 3) and a certification by a qualified ground water scientist that ( ii) Respondent Activities:

In order to provide the data items listed above, respondents must perform the following activities:

! Develop and submit the demonstrations;

! Maintain records of the demonstrations;

! Compile information for an alternative ground water monitoring plan;

! Obtain certification;

! Develop and submit the plan; 17 ! Compile information for the ground water quality assessment reports;

! Develop and submit the reports;

! Maintain a record of the ground water quality assessment data ( quarterly);

! Develop and submit the demonstration for an alternate well location ; and ! Maintain records of the demonstration.

Sampling, Analysis and Assessment ( i) Data items:

Sections 265.92 and 265.93 require owners and operators of interim status facilities to conduct sampling, analysis and assessment to identify and evaluate changes in the concentrations of hazardous constituents in ground water. Data items required under these regulations include:

! Development of a ground water sampling and analysis plan, which must be kept at the facility. The plan must include procedures and techniques for sample collection, sample preservation and shipment, analytical procedures, and chain of custody control ( § 265.92( a));

! If there is a confirmed significant increase ( or pH decrease) in indicator parameter concentrations in downgradient wells, a written notification to the Regional Administrator within seven days that the facility may be affecting ground water quality ( § 265.93( d)( 1));

! If there is a confirmed significant increase ( or pH decrease) of indicator parameter concentrations in downgradient wells, a specific plan to be submitted to the Regional Administrator within 15 days after the notification for a ground water quality assessment program at the facility ( § 265.93( d)( 2)). This plan must be certified by a qualified geologist or geotechnical engineer, and must specify:

 The number, location, and depth of the wells;

 Sampling and analytical methods for those hazardous waste constituents in the facility;

 Evaluation procedures, including any use of previously gathered ground water quality information; and  A schedule of implementation;

! A written report containing an assessment of ground water quality submitted to the Regional Administrator within 15 days after it is determined ( § 265.93( d)( 5)). If the indicator evaluation program is reinstated, this information must also be included in this ground water quality assessment report ( § 265.93( d)( 6)); and 18 ! A written report of any ground water quality assessment conducted to satisfy the requirements of § 264.93( d)( 4) which is initiated prior to final closure of the facility. The report must be submitted to the Regional Administrator within 15 days after the assessment is completed and reported in accordance with § 265.93( d)( 5) ( § 265.93( e)).

( ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities:

! Conduct a hydrogeologic investigation;

! Design and install ground water monitoring system;

! Compile information for a written sampling and analysis plan;

! File the plan at the facility;

! Prepare a ground water quality assessment plan outline;

! Compile and submit notification;

! Develop and submit the ground water quality assessment plan;

! Develop and submit the initial ground water quality assessment report;

! Prepare and submit report of any ground water quality assessment initiated prior to final closure;

! Conduct quarterly sampling and analysis of ground water to determine ground water quality under alternate ground water monitoring system;

! Conduct semi annual sampling and analysis of ground water to obtain ground water analytical data; and ! Conduct quarterly sampling and analysis as part of a ground water quality assessment program.

Recordkeeping and Reporting ( i) Data items:

Section 265.94 outlines specific recordkeeping and reporting requirements for owners and operators of interim status facilities. Owners and operators of interim status facilities that are not required to implement a ground water quality assessment program under § 265.93( d)( 4) must perform reporting and recordkeeping activities throughout the active life of the facility, and for disposal facilities that do not clean close, throughout the post closure care period as well ( § 265.94( a)). Required data items include: 19 ! A record of information required under § 265.94( a)( 1), including:

 Initial background concentrations or values for ground water quality parameters at all monitoring wells as calculated under § 265.92( c)( 1);

 The initial arithmetic mean and variance for indicator parameters as calculated under § 265.92( c)( 2);

 Annual analyses of parameters used to establish ground water quality and semiannual analyses of indicators of ground water contamination as determined under § § 265.92( d)( 1) and ( 2);

 Ground water elevation as determined under § 265.92( e);

 Subsequent calculations of arithmetic means and variances for each indicator parameter at each well monitored, and comparisons with background means to determine statistically significant increases ( or pH decreases) over initial background concentrations during the contamination indication program as calculated under § 265.93( b);

! A report to the Regional Administrator, during the first year when initial background concentrations are being established for the facility, of concentrations or values of parameters characterizing the suitability of the ground water as a drinking water supply for each ground water monitoring well ( § 265.92( b)( 1)) within 15 days after completing each quarterly analysis, and an identification of any parameters whose concentration or value has been found to exceed the maximum contaminant levels listed in Appendix III ( § 265.94( a)( 2)( i));

! An annual report to the Regional Administrator, submitted by March 1 following each calendar year, on concentrations or values of the indicator parameters listed in § 265.92( b)( 3) for each monitoring well, as well as the required evaluations for these parameters as calculated under § 265.93( b). Also, a separate identification of any statistically significant differences from initial background concentrations found in the upgradient wells as calculated under § 265.93( b) and required by § 265.93( c)( 1) ( § 265.94( a)( 2)( ii)); and ! A report to the Regional Administrator, submitted by March 1 following each calendar year, of the results of the evaluations of ground water surface elevations under § 265.93( f) and a description of the response to that evaluation where applicable ( § 265.94( a)( 2)( iii)).

Owners and operators of facilities conducting a ground water quality assessment program under § 265.93( d)( 4) are required to provide the following data items:

! A record of analyses and evaluations specified in the assessment plan required under 265.93( d)( 3) throughout the active life of the facility, and, for disposal facilities, throughout the post closure care period ( § 265.94( b)( 1)); 20 ! An annual report, submitted to the Regional Administrator no later than March 1 following each calendar year until final closure of the facility, containing the results of the groundwater quality assessment program, including the calculated or measured rate of migration of hazardous waste or hazardous waste constituents in the ground water during the reporting period ( § 265.94( b)( 2)).

( ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities:

! Record ground water analytical data at the facility ( semi annually);

! Prepare and submit a quarterly report of concentrations or values of the drinking water suitability parameters ( quarterly);

! Prepare and submit a report on indicator parameter concentrations ( annually);

! Prepare and submit a report of any significant indicator parameter increases ( or pH decreases) in upgradient wells;

! Prepare and submit a report on ground water surface elevations ( annually);

! Record ground water quality assessment data ( quarterly); and ! Prepare and submit a report on the ground water quality assessment program.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT The following subsections discuss how EPA will collect the information, what activities EPA will perform once the information has been received, and how EPA will manage the information it collects. The subsections also include a discussion of how the information collection requirements affect small entities.

5( a) AGENCY ACTIVITIES PERMITTED FACILITIES Detection and Compliance Monitoring Agency activities associated with the detection and compliance monitoring requirements include reviewing notifications and demonstrations and entering information into a data base. The detection monitoring requirements also require EPA to evaluate ACL data and engineering feasibility plans for corrective action submitted under section 264.98( g)( 5) to determine whether the proposed ACLs and corrective action programs are appropriate, and to enter information into a data base. Records of groundwater analytical data required under sections 264.98( c) and 264.99( c)( 2) are not formally submitted to EPA, but must be kept on file at the facility and made available to EPA upon request. Accordingly, this analysis assumes that there are no Agency activities associated with these recordkeeping requirements. 21 Corrective Action Agency activities associated with the corrective action requirements include reviewing demonstrations, evaluating reports on the effectiveness of corrective action, and entering the information into a data base.

INTERIM STATUS FACILITIES Applicability and Alternative Ground Water Monitoring Systems Agency activities associated with applicability and alternative ground water monitoring systems include reviewing demonstrations, alternative ground water monitoring plans, ground water quality assessment reports and alternate well location demonstrations, and entering information into a data base. The records required under this section are not formally submitted to EPA but must be filed at the facility and made available upon request for EPA review. Accordingly, this analysis assumes that there are no Agency activities associated with these recordkeeping requirements.

Sampling, Analysis and Assessment Agency activities associated with the sampling, analysis and assessment requirements include reviewing the notification of increased indicator parameter concentrations, evaluating the ground water quality assessment plan and initial reports, and entering information into a data base. Although EPA may review the sampling and analysis plan required under this section, the plan is not formally submitted to EPA. Therefore, there is no Agency activity associated with this requirement.

Recordkeeping and Reporting Agency activities associated with the reporting requirements of this section include reviewing the information submitted and entering the information into a database. Records required under this section are not formally submitted to EPA. Therefore, there are no Agency activities associated with these recordkeeping requirements under this section.

5( b) COLLECTION METHODOLOGY AND MANAGEMENT In collecting and analyzing the information required under the ground water monitoring regulations, EPA uses state of the art electronic equipment such as personal computers and applicable data base software, when appropriate.

5( c) SMALL ENTITY FLEXIBILITY The burden imposed by the ground water monitoring requirements is a function of the threat of contamination of ground water, from which many people derive their drinking water, and is not sensitive to the size of the organization. Therefore, small entities must comply with the same requirements as large entities. 22 5( d) COLLECTION SCHEDULE PERMITTED FACILITIES Detection Monitoring Since records of ground water analytical data collected under detection monitoring are kept at the facility, discussion of a collection schedule is not applicable. Notification of statistically significant evidence of contamination must be submitted within seven days of the initial or confirmed detection. If an alternate concentration limit is sought under section 264.94( b), the data necessary to justify the alternate concentration limit, along with the required engineering feasibility plan for a corrective action program, must be submitted within 180 days of the initial or confirmed detection. If the owner or operator plans to make a demonstration under section 264.98( g)( 6), the notification of intent to make such a demonstration must be submitted within seven days of detection, and the demonstration submitted within 90 days of detection.

Compliance Monitoring Since records of ground water analytical data collected under compliance monitoring are kept at the facility, discussion of a collection schedule is not applicable. Notification of the presence of new constituents or exceeded concentration limits must be submitted within seven days of detection. If the owner or operator plans to make a demonstration under section 264.99( i), the notification of intent to make such demonstration must be submitted within seven days of detection, and the demonstration report submitted within 90 days of detection.

Corrective Action The time frame for submission of demonstrations under sections 264.100( e)( 2) and 264.100( f) is dependent upon the desire of owners and operators to submit such demonstrations. Reports on the effectiveness of the corrective action program must be submitted semi annually.

INTERIM STATUS FACILITIES Applicability Alternative Ground Water Monitoring Systems The time frame for submission of demonstrations under sections 265.90( c), 265.90( e), and 265.91( a)( 3) are dependent upon the desire of owners and operators to submit such demonstrations. If an owner or operators seeks to implement an alternative ground water monitoring program, a plan for the alternative program must be submitted within one year of obtaining interim status. Ground water quality assessment reports for alternative systems must be submitted within 15 days of the initial assessment, and then annually no later than March 1 following each calendar year. Since records of the analyses conducted under the alternative ground water monitoring program are kept at the facility, a discussion of a collection schedule is not applicable. 23 Sampling, Analysis and Assessment Since the sampling and analysis plan must be kept at the facility and made available to the Regional Administrator upon request, discussion of a collection schedule is not applicable. Notification of significant increases ( or pH decreases) in indicator parameter concentrations in downgradient wells must be submitted within seven days of confirmation. Plans for a ground water quality assessment program must be submitted within 15 days of the notification. The report of the results of the initial ground water quality assessment must be submitted within 15 days of determination. Subsequent ground water quality assessment reports will be submitted within 15 days of determination at intervals outlined in the groundwater quality assessment plan, which will differ for each facility.

Recordkeeping and Reporting Since the records required under sections 265.94( a)( 1) and 265.94( b)( 1) are kept at the facility, discussion of a collection schedule is not applicable. Reports of drinking water suitability parameter concentrations and exceeded maximum contaminant levels ( MCLs) must be submitted within 15 days of each quarterly analysis conducted during the first year of interim status standing, when initial background levels are being established. Reports of indicator parameter concentrations, variations from initial background concentrations, and ground water surface elevations must be submitted annually, during the active life of the facility, no later than March 1 following each calendar year. Owners and operators conducting a ground water quality assessment program must submit results of the ground water quality assessment program annually no later than March 1 following each calendar year.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) ESTIMATING RESPONDENT BURDEN Exhibits 1 and 2 identify the reporting and recordkeeping activities and associated burden to respondents under the ground water monitoring program. EPA took several steps in developing the burden estimates in this ICR. For most of the estimates, EPA referred to the approved " Part B Permit Application, Permit Modifications, and Special Permits," ICR number 1573. The Part B ICR examines many activities that are similar to the activities in this ICR. EPA incorporated the Part B ICR's burden assumptions into this ICR, as appropriate. In addition, EPA conducted limited consultations with industry to ascertain the burden to regulated entities and their contractors for certain activities that are not examined in the Part B ICR ( e. g., ground water sampling). Finally, EPA used its best judgment in a few circumstances to develop burden estimates for regulated entities and contractors ( e. g., for notifications and other low burden activities).

6( b) ESTIMATING RESPONDENT COSTS Labor Costs EPA estimates that respondents will incur an average hourly cost ( labor plus fringe and overhead) of $ 125.00 for legal staff, $ 110.00 for managerial staff, $ 70.00 for technical staff, and $ 29.00 for clerical staff. In deriving these estimates, EPA consulted the industry representatives identified in Section 3( c) of this ICR. 24 1 USEPA, Office of Regulatory Enforcement, " Estimating Costs for the Economic Benefits of Noncompliance," March 1997. Updated to 2001 levels using Consumer Price Index.

2 USEPA, Office of Regulatory Enforcement, " Estimating Costs for the Economic Benefits of Noncompliance," March 1997. Updated to 2001 levels using Consumer Price Index. Operation and Maintenance ( O& M) Costs O& M costs include postage, materials, and lump sum purchased service costs. Examples of O& M costs include:

! Laboratory fees for analyzing ground water samples;

! Contractor travel/ lodging costs;

! Transportation/ disposal costs ( if required for drill cuttings, purge water);

! Professional certifications for certain work performed;

! Mailing and shipping costs;

! Software costs ( e. g., applications of computer based models for aquifer step drawdown or slug tests, statistical analysis computer program for demonstration); and ! Personal protective equipment.

Capital Costs The capital/ startup costs associated with the ground water monitoring requirements are the costs of designing and installing a ground water monitoring system. For permitted facilities, this cost is estimated to be $ 132,477.1 Annualized over 20 years at the OMB approved discount rate of seven percent, the cost is about $ 12,000 per year. For interim status facilities, this cost is estimated to be $ 44,573.2 Annualized over 20 years at the OMB approved discount rate of seven percent, the cost is about $ 4,000 per year.

In addition, the Agency estimates a cost for file cabinets of $ 1 for each document filed at permitted and interim status facilities.

6( c) ESTIMATING AGENCY BURDEN AND COSTS Labor Costs Exhibits 3 and 4 show the Agency burden hours and costs associated with the reporting requirements covered in this ICR. EPA estimates hourly labor costs of $ 60.99 for legal staff, $ 57.15 for managerial staff, $ 41.90 for technical staff, and $ 16.83 for clerical staff. To derive these estimates, EPA used the Federal Pay Schedule ( effective January 2001) salary figures. For the purposes of this ICR, EPA assigned staff the following government service levels: 25 3 These universe data were finalized in early 2000 based on feedback from EPA Regions 1, 2, 3 ( with the exception of Pennsylvania), 4, 5, 6, 8, and 10, and from a query of the RCRIS database in Envirofacts for Regions 7 and 9 and Pennsylvania. ! Legal Staff GS 15, Step 1 ! Managerial Staff GS 14, Step 4 ! Technical Staff GS 12, Step 5 ! Clerical Staff GS 5, Step 1 To derive hourly estimates, EPA divided annual compensation estimates by 2,080, which is the number of hours in the Federal work year. EPA then multiplied the hourly rates by the standard government overhead factor of 1.6.

Operation and Maintenance ( O& M) Costs EPA does not expect any O& M costs to the Agency as a result of these requirements.

Capital Costs EPA does not expect any capital costs to the Agency as a result of these requirements.

6( d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS As shown in Table 1, EPA estimates that there are currently 824 land disposal facilities under the ground water monitoring requirements. This includes 382 facilities with permitted units only, 431 facilities with interim status units only, and 11 facilities with both permitted and interim status units. For purposes of estimating burden in this ICR, EPA averaged the 11 facilities over both the Part 264 and 265 requirements on a 50: 50 basis. Therefore, this ICR estimates a total of 387.5 permitted facilities and 436.5 interim status facilities. 3 [ Note: All respondent estimates in Exhibits 1 through 4 are calculated from these unrounded universe numbers. For simplicity, however, we have rounded the respondent numbers and activities in the text below.] For the purposes of this ICR, EPA also assumes that the respondent universe will be constant over FYs 2002 2004, since LDFs that close remain in the interim as post closure facilities, and the number of new facilities entering the universe is expected to be so small that it will have no significant impact on the burden hour and cost estimates for ground water monitoring. 26 Table 1 Permitted and Interim Status Land Disposal Facilities Included in the ICR Type of Facility Number of Facilities Permitted a, b Interim Status c, d Total Facilities with permitted land disposal units only 382 382 Facilities with interim status land disposal units only 431 431 Facilities with permitted and interim status land disposal units 11 11 Total e 387.5 436.5 824 a Permitted land disposal facilities include those facilities that own and/ or operate landfills, land treatment units, surface impoundments, and/ or waste piles subject to 40 CFR Part 264.

b Permitted facilities were identified based on the legal status and operating status of their land disposal units. Permitted facilities included in this ICR own and/ or operate land disposal units with the following RCRIS process legal status codes: PC ( post closure permitted), PI ( permitted), PR ( proposed), PT ( permit terminated/ permit expired, not continued), and RQ ( requested but not approved). For further information on these legal status codes, refer to EPA, Resource Conservation and Recovery Information System ( RCRIS) Data Element Dictionary ( v. 7.1.0), August 1998.

c Interim status land disposal facilities include those facilities that own and/ or operate landfills, land treatment units, and/ or surface impoundments subject to 40 CFR Part 265.

d Interim status facilities were identified based on the legal status and operating status of their land disposal units. Interim status facilities included in this ICR own and/ or operate land disposal units with the following RCRIS process legal status codes: IS ( interim status), IT ( interim status terminated), LI ( loss of interim status), NN ( non notifier/ illegal), and RQ ( requested but not approved). For further information on these legal status codes, refer to EPA, Resource Conservation and Recovery Information System ( RCRIS) Data Element Dictionary ( v. 7.1.0), August 1998.

e The eleven facilities with both permitted and interim status land disposal units were divided equally into the permitted and interim status facilities. 27 PERMITTED FACILITIES ( EXHIBIT 1)

According to available information, EPA estimates that about 53 percent of permitted facilities are conducting detection monitoring, 10 percent compliance monitoring and 37 percent are undertaking corrective action. EPA applied these percentages to the universe of permitted facilities to provide a breakdown of the types of activities being conducted at facilities. Accordingly, EPA estimates that of the approximately 387 permitted facilities subject to the ground water monitoring requirements, about 205 are conducting detection monitoring, 39 are conducting compliance monitoring, and 143 are undertaking corrective action.

EPA estimates that each of the approximately 387 permitted facilities will read the regulations. Over the three years covered by this ICR, an average of about 129 facilities will read the regulations each year.

Each of the approximately 387 permitted facilities is required to conduct ground water sampling and analysis. These activities require the implementation of a ground water monitoring system, which involves conducting a hydrogeologic investigation and designing and installing a ground water monitoring system. EPA assumes that permitted facilities will already have operational ground water monitoring systems in place; and since the number of permitted facilities is assumed to be constant, no facilities are expected to perform the activities associated with implementing a ground water monitoring system.

Detection Monitoring EPA estimates that 205 permitted facilities will conduct detection monitoring annually during the period covered by this ICR. EPA estimates that all 205 facilities conducting detection monitoring will determine the ground water flow rate and direction annually, sample and analyze the ground water semiannually and record all ground water analytical data.

EPA estimates that approximately 10 percent of the facilities conducting detection monitoring ( 21 facilities) will be required to submit a notification of contamination under section 264.98( g)( 1), and will conduct additional sampling and analysis. EPA estimates that 50 percent of these facilities ( 10 facilities) will identify Appendix IX constituents in the ground water. EPA estimates that 40 percent of the facilities identifying Appendix IX constituents ( 4 facilities) will submit all data necessary to establish an ACL, and that approximately 20 percent of those who submit such data ( 1 facility) will receive EPA approval to establish an ACL. Facilities not submitting an ACL and facilities that do not obtain approval for an ACL must submit an engineering feasibility plan for corrective action under section 264.98( g)( 5)( ii).

Although EPA estimates that 10 percent of the facilities detecting Appendix IX constituents ( 1 facility) will submit a demonstration to show contamination from an outside source, EPA estimates that none will receive an exemption from compliance monitoring regulations.

Compliance Monitoring EPA estimates that 39 facilities will conduct compliance monitoring annually during the period covered by this ICR. EPA assumes that the sampling and analysis and recordkeeping activities necessary to maintain ground water analytical data at the facility are conducted semi annually. These facilities must also determine the ground water flow rate and direction annually. 28 4 EPA notes that the previous ICR (# 959.10) estimated 1,024 interim status facilities, whereas this ICR estimates approximately 436 facilities, a decrease of 588. We believe this decrease resulted primarily from an improved methodology for estimating the universe size ( i. e., we minimized potential double counting of facilities in this ICR). The decrease also reflects the Agency's efforts to bring interim status facilities into the permitted universe. EPA estimates that approximately 25 percent of the facilities conducting compliance monitoring ( 10 facilities) will confirm the presence of new constituents and submit a notification under section 264.99( g).

EPA estimates that approximately 50 percent of the facilities conducting compliance monitoring ( 20 facilities) will identify exceeded concentration limits, and will therefore compile and submit a notification under section 264.99( h)( 1). Of the facilities identifying exceeded concentration limits, EPA estimates that 10 percent ( 2 facilities) will apply for an exemption from the corrective action requirements, but that no facility will submit sufficient information to justify an exemption.

Corrective Action EPA estimates that 143 facilities will conduct corrective action annually during the period covered by this ICR. This ICR assumes that each of these facilities will sample and analyze ground water and submit reports on the effectiveness of corrective action semi annually.

Owners and operators of facilities already conducting corrective action who wish to submit a demonstration under section 264.100( e)( 2) will have done so upon implementing corrective action. Of the facilities beginning corrective action during the period covered by this ICR, EPA does not expect any to submit a demonstration. In addition, because very few corrective action measures have been implemented to date, and since ground water corrective action measures often take 5 10 years to complete, EPA estimates that the number of facilities requesting a termination of corrective action activities will be zero.

INTERIM STATUS FACILITIES ( EXHIBIT 2)

EPA estimates that each of the approximately 436 interim status facilities will read the regulations. 4 Over the three years covered by this ICR, an average of about 146 facilities will read the regulations each year.

Applicability and Alternative Ground Water Monitoring Systems As no new LDFs will enter the interim status universe during the period covered by this ICR, EPA estimates that no facilities will submit a demonstration under sections 265.90( c) or ( e), or under section 265.91( a)( 3). This ICR assumes that demonstrations under this section are submitted in written form to the Regional Administrator.

This ICR also assumes that facilities wishing to submit an alternative ground water monitoring plan do so upon obtaining interim status. As no new LDFs will enter interim status during the period covered by this ICR, no new interim status facilities will submit plans for an alternative ground water monitoring system each year. EPA estimates that, prior to the period covered by this ICR, approximately 29 22 interim status facilities ( 5 percent) submitted alternative ground water monitoring plans and 10 percent of those who applied ( 2 facilities) received approval to operate an alternative ground water monitoring system. These facilities are subject to the recordkeeping and reporting requirements of sections 265.90( d)( 3) and ( 5). EPA assumes that ground water sampling and analysis and recordkeeping activities will be conducted quarterly ( 2* 4 = 8 sampling events per year), and that ground water quality assessment reports will be developed and submitted annually.

Sampling, Analysis and Assessment Each of the approximately 436 interim facilities is required to conduct ground water sampling and analysis of some sort. These activities require the implementation of a ground water monitoring system. EPA assumes that all interim status facilities will already have operational ground water monitoring systems in place; and since the no new LDFs are expected to enter the universe during the period covered by this ICR, the number of facilities expected to perform the activities associated with implementing a ground water monitoring system is zero.

This ICR assumes that only new interim status facilities will submit sampling and analysis plans under section 265.92( a) and outlines of ground water quality assessment plans under section 265.93( a). As no new LDFs will enter the interim status universe, no new interim status facilities will submit sampling and analysis plans or outlines of ground water quality assessment plans.

However, this ICR assumes that all interim status facilities not conducting an alternative groundwater monitoring program and that have not already detected contamination (( 436  2) x 0.50 = 217 facilities) are required to conduct ground water sampling and analysis under section 265.93( b).

In deriving these facility estimates, EPA estimates that 50 percent of all interim status facilities not conducting an alternative ground water program (( 436  2) x .5 = 217 facilities) have already detected contamination. These facilities must conduct sampling and analysis on a quarterly basis in accordance with section 265.93( d)( 4). In addition, EPA estimates that 2 percent of these facilities ( 4 facilities) will confirm the presence of ground water contamination each year. These facilities must submit a notification of contamination to the Regional Administrator, submit a ground water quality assessment plan based on the outline developed under section 265.93( b), conduct an initial ground water quality assessment, and submit a ground water quality assessment report as required under section 265.93( d)( 5).

The remaining 217 facilities must conduct sampling and analysis semi annually, in accordance with sections 265.92( d) and ( e).

This ICR assumes that there is no additional burden associated with the requirements of section 265.93( e). Any facilities subject to the requirements of this section are considered in the burden estimates under section 265.93( d)( 5).

Recordkeeping and Reporting The requirements of section 265.94( a) apply only to the 217 facilities that are not conducting an alternative ground water monitoring program and have not already detected contamination. EPA assumes that the records of ground water analytical data required under this section will be updated semi annually. Drinking water suitability parameter reports are developed and submitted only by newly interim facilities 30 5 This decrease resulted primarily from an improved methodology for estimating the universe size ( i. e., we minimized potential double counting of facilities in this ICR). The decrease also reflects the Agency's efforts to bring interim status facilities into the permitted universe. on a quarterly basis during the first year. Reports on indicator parameters and ground water surface elevations are submitted annually by all respondents subject to the section 265.94( a) requirements.

Based on past experience, EPA estimates that two percent of the 217 facilities conducting a ground water monitoring program in accordance with section 265.93( b) ( 4 facilities) will detect significant indicator parameter increases ( or pH decreases) in upgradient wells, and will therefore be required to develop and submit a report in accordance with section 265.93( c)( 1).

The requirements of section 265.94( b) apply to the 217 facilities conducting ground water quality assessments. Facilities conducting assessments as part of an alternative ground water monitoring system are covered in the burden estimates for section 265.90 ( 2 facilities). EPA assumes that the recordkeeping requirements of section 265.94 are conducted on a quarterly basis, and that reports on the results of the ground water quality assessment program are submitted annually.

6( e) BOTTOM LINE BURDEN HOURS AND COST Respondent Tally Exhibit 5 shows the aggregate annual hours, labor costs, total capital/ startup costs, total O& M costs, and the overall annual costs to respondents. The bottom line burden to respondents over three years is 290,739 hours, with a cost of approximately $ 70,645,461.

Agency Tally Exhibit 6 shows the annual hour and cost burden to the Agency. The bottom line annual burden to the Agency over three years is 98,610 hours and $ 3,800,583.

6( f) REASONS FOR CHANGE IN BURDEN This current ICR (# 959.11) renews and updates the previously approved ICR on the groundwater monitoring requirements ( i. e., ICR # 959.10). ICR # 959.10 estimated a total annual respondent burden of 64,181 hours. ICR # 959.11 estimates a total annual respondent burden of 96,913 hours, an increase of 32,732 hours over the previous ICR. This increase has occurred for several reasons.

In preparing ICR # 959.11, EPA obtained recent estimates of the number of land disposal facilities subject to the ground water monitoring requirements. The number of permitted and interim status facilities obtained is significantly lower than in ICR # 959.10 ( i. e., 387 vs. 623 permitted facilities; 436 vs. 1,024 interim status facilities). 5 These lower universe estimates resulted in a reduced overall respondent burden estimate for the industry.

However, this reduced burden was more than offset by EPA's efforts to fully reflect contractor labor hours in this current ICR. Specifically, EPA evaluated whether the respondent labor hours estimated 31 in ICR # 959.10 fully reflected the total hourly labor burden to both regulated facilities and their contractors under the requirements. From this review, EPA concluded that ICR # 959.10 fully accounted for facility labor hours, but not contractor labor hours. The ICR accounted for contractor labor costs only ( expressed as O& M costs in the exhibits).

In preparing ICR # 959.11, EPA referred to the approved " Part B Permit Application, Permit Modifications, and Special Permits," ICR number 1573. The Part B ICR examines many activities that are similar to the activities in this ICR ( e. g., the Part B ICR examines the ground water reporting requirements at 40 CFR 270.14( c)). The Part B ICR has been revised to fully reflect the burden to regulated entities and their contractors. Thus, in preparing ICR # 959.11, EPA used a number of the burden estimates in the Part B ICR. In addition, EPA conducted limited consultations with industry to ascertain the burden to regulated entities and their contractors for certain activities that are not examined in the Part B ICR ( e. g., groundwater sampling). Finally, EPA used its best judgment in a few circumstances to develop burden estimates for regulated entities and contractors ( e. g., for notifications and other low burden activities).

By including contractor labor hours in ICR # 959.11, EPA increased its estimate of total respondent burden by a net of 32,732 hours from ICR # 959.10.

6( g) BURDEN STATEMENT PERMITTED FACILITIES EPA estimates that permitted LDFs will incur an average reporting burden of about 10 hours per year, which includes time for developing and submitting notifications, reports, and demonstrations. They will also incur a recordkeeping burden of about 130 hours per year, which includes time for reading the regulations, implementing a ground water monitoring system, performing and keeping records of groundwater monitoring, and maintaining records. These estimates represent the average reporting and recordkeeping burdens placed on permitted facilities for detection monitoring, compliance monitoring, or corrective action.

INTERIM STATUS FACILITIES EPA estimates that interim status LDFs will incur an average reporting burden of about 10 hours per year, which includes time for developing and submitting notifications, reports, and demonstrations. They will also incur a recordkeeping burden of about 80 hours per year, which includes time for reading the regulations, implementing a ground water monitoring system, performing and keeping records of ground water monitoring, and maintaining records.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the resources needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information 32 unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of  automated collection techniques, to the Director, Collection Strategies Division, U. S. Environmental Protection Agency ( 2822), 1200 Pennsylvania Avenue, 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. Include the EPA ICR number and OMB control number in any correspondence. 33 EXHIBIT 1 PERMITTED FACILITIES* Hours and Costs Per Respondent Per Activity Total Hours and Costs Number of Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total $ 125.00/ $ 110.00/ $ 70.00/ $ 29.00/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activities Year Year Reading the Regulations Read the regulations 0.50 0.50 0.50 0.00 1.50 $ 153 $ 0 $ 0 129 193.50 $ 19,737 SUBTOTAL varies varies varies varies varies varies varies varies varies 193.50 $ 19,737 Implement Ground water Monitoring System Conduct hydrogeologic investigation 0.00 24.00 200.00 24.00 248.00 $ 17,336 $ 0 $ 53,000 0 0.00 $ 0 Design and install ground water monitoring system 0.00 40.00 120.00 8.00 168.00 $ 13,032 $ 12,000 $ 0 0 0.00 $ 0 SUBTOTAL varies varies varies varies varies varies varies varies varies 0.00 $ 0 DETECTION MONITORING Sampling and Analysis Determine ground water flow rate and direction ( annually)( 264.98( e)) 0.00 4.00 25.00 4.00 33.00 $ 2,306 $ 0 $ 4,000 205 6,765.00 $ 1,292,730 Sample and analyze ground water ( semi annually)

( 264.98( d)( f)) 0.00 8.00 32.00 8.00 48.00 $ 3,352 $ 0 $ 9,000 410 19,680.00 $ 5,064,320 Record ground water analytical data ( semi annually) ( 264.98( c)) 0.00 0.50 1.00 0.50 2.00 $ 140 $ 1 $ 0 410 820.00 $ 57,810 Notification of Contamination Prepare and submit the notification of contamination ( 264.98( g)( 1)) 0.25 0.50 1.00 0.50 2.25 $ 171 $ 0 $ 3 21 47.25 $ 3,660 Re sampling and Analysis Re sample and analyze ground water for Appendix IX compounds ( 264.98( g)( 2)) 0.00 14.00 60.00 14.00 88.00 $ 6,146 $ 0 $ 16,500 21 1,848.00 $ 475,566 Record ground water analytical data ( 264.98( c)) 0.00 0.50 1.00 0.50 2.00 $ 140 $ 1 $ 0 21 42.00 $ 2,961 Alternate Concentration Limits Compile and submit data necessary to establish an alternate concentration limit ( 264.98( g)( 5)( i)) 0.00 2.00 16.00 2.00 20.00 $ 1,398 $ 0 $ 25,000 4 80.00 $ 105,592 Engineering Feasibility plans Prepare and submit an engineering feasibility plan for corrective action if required under 264.98( g)( 5)( ii) 0.00 2.00 80.00 2.00 84.00 $ 5,878 $ 0 $ 40,000 10 840.00 $ 458,780 Demonstration Prepare and submit notification of intent to make a demonstration under 264.98( g)( 6) 0.25 0.50 1.00 0.50 2.25 $ 171 $ 0 $ 3 1 2.25 $ 174 Prepare and submit the demonstration ( 264.98( g)( 6)) 0.00 2.00 16.00 2.00 20.00 $ 1,398 $ 0 $ 5,000 1 20.00 $ 6,398 SUBTOTAL varies varies varies varies varies varies varies varies varies 30,144.50 $ 7,467,992 COMPLIANCE MONITORING Sampling and Analysis Determine ground water flow rate and direction ( annually)( 264.99( e)) 0.00 4.00 25.00 4.00 33.00 $ 2,306 $ 0 $ 4,000 39 1,287.00 $ 245,934 Sample and analyze ground water ( semi annually)

( 264.99( f)( g)) 0.00 14.00 60.00 14.00 88.00 $ 6,146 $ 0 $ 16,500 78 6,864.00 $ 1,766,388 ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN REPORTING AND RECORDKEEPING REQUIREMENTS FOR GROUND WATER MONITORING REQUIREMENT 34 EXHIBIT 1 PERMITTED FACILITIES* Hours and Costs Per Respondent Per Activity Total Hours and Costs Number of Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total $ 125.00/ $ 110.00/ $ 70.00/ $ 29.00/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activities Year Year Record ground water analytical data ( semi annually)( 264.99( c)( 2)) 0.00 0.50 1.00 0.50 2.00 $ 140 $ 1 $ 0 78 156.00 $ 10,998 Notification of New Constituents Compile information for notification of new constituents ( 264.99( g)) 0.00 2.00 4.00 2.00 8.00 $ 558 $ 0 $ 0 10 80.00 $ 5,580 Prepare and submit the notification ( 264.99( g)) 0.25 1.00 2.00 1.00 4.25 $ 310 $ 0 $ 3 10 42.50 $ 3,133 Notification of Exceeded Concentration Limits Compile information on exceeded concentration limits ( 264.99( h)( 1)) 0.00 0.50 1.00 0.50 2.00 $ 140 $ 0 $ 0 20 40.00 $ 2,800 Prepare and submit the notification ( 264.99( h)( 1)) 0.25 0.50 1.00 0.50 2.25 $ 171 $ 0 $ 3 20 45.00 $ 3,486 Demonstration Prepare and submit a notification of intent to make a demonstration under 264.99( i) 0.25 0.50 1.00 0.50 2.25 $ 171 $ 0 $ 3 2 4.50 $ 349 Prepare and submit the demonstration ( 264.99( i)( 2)) 0.00 2.00 16.00 2.00 20.00 $ 1,398 $ 0 $ 5,000 2 40.00 $ 12,796 SUBTOTAL varies varies varies varies varies varies varies varies varies 8,559.00 $ 2,051,464 CORRECTIVE ACTION Sampling and Analysis Sample and analyze ground water ( semi annually)

( 264.100( d)) 0.00 8.00 32.00 8.00 48.00 $ 3,352 $ 0 $ 9,000 286 13,728.00 $ 3,532,672 Record ground water analytical data ( semi annually)( 264.100( d)) 0.00 0.50 1.00 0.50 2.00 $ 140 $ 1 $ 0 286 572.00 $ 40,326 Demonstrations Compile and submit information for the demonstration from corrective action ( 264.100( e)( 2)) 1.00 8.00 32.00 4.00 45.00 $ 3,361 $ 0 $ 3 0 0.00 $ 0 Compile and submit information for the demonstration for termination of corrective action ( 264.100( f)) 0.00 2.00 16.00 2.00 20.00 $ 1,398 $ 0 $ 5,000 0 0.00 $ 0 Report on the Effectiveness of Corrective Action Develop and submit the report ( semi annually)

( 264.100( g)) 0.00 2.00 8.00 2.00 12.00 $ 838 $ 0 $ 5,000 286 3,432.00 $ 1,669,668 SUBTOTAL varies varies varies varies varies varies varies varies varies 17,732.00 $ 5,242,666 TOTAL varies varies varies varies varies varies varies varies varies 56,629.00 $ 14,781,859 * All exhibits contain rounding.

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN REPORTING AND RECORDKEEPING REQUIREMENTS FOR GROUND WATER MONITORING REQUIREMENT 35 EXHIBIT 2 INTERIM STATUS FACILITIES Hours and Costs Per Respondent Per Activity Total Hours and Costs Number of Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total $ 125.00/ $ 110.00/ $ 70.00/ $ 29.00/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activities Year Year Reading the Regulations Read the regulations 1.00 1.50 1.50 0.00 4.00 $ 395 $ 0 $ 0 146 584.00 $ 57,670 SUBTOTAL varies varies varies varies varies varies varies varies varies 584.00 $ 57,670 APPLICABILITY AND ALTERNATE GROUND WATER MONITORING SYSTEMS Demonstrations ( 265.90( c) and 265.90( e))

Develop and submit the demonstration ( 265.90( c)) 0.00 30.00 75.00 15.00 120.00 $ 8,985 $ 0 $ 87,000 0 0.00 $ 0 Develop and submit the demonstration ( 265.90( e)) 0.00 30.00 75.00 15.00 120.00 $ 8,985 $ 0 $ 87,000 0 0.00 $ 0 Maintain records 0.00 0.50 1.00 0.50 2.00 $ 140 $ 1 $ 0 0 0.00 $ 0 Alternate Ground water Monitoring Plan ( 265.90( d)( 1))

Compile information for an alternate ground water monitoring plan 0.00 200.00 400.00 150.00 750.00 $ 54,350 $ 0 $ 0 0 0.00 $ 0 Obtain certification 0.00 10.00 25.00 5.00 40.00 $ 2,995 $ 0 $ 5,000 0 0.00 $ 0 Develop and submit the plan 3.00 30.00 60.00 10.00 103.00 $ 8,165 $ 0 $ 3 0 0.00 $ 0 Ground water Quality Assessment Reports ( 265.90( d)( 3) and ( 5))

Develop and submit the reports 0.00 1.00 20.00 3.00 24.00 $ 1,597 $ 0 $ 5,000 2 48.00 $ 13,194 Maintain a record of the ground water quality assessment data at the facility 0.00 0.50 1.00 0.50 2.00 $ 140 $ 1 $ 0 2 4.00 $ 282 Demonstration for Alternate Well Location ( 265.91( a)( 3))

Develop and submit the demonstration 0.00 2.00 16.00 2.00 20.00 $ 1,398 $ 0 $ 5,000 0 0.00 $ 0 Maintain records 0.00 0.50 1.00 0.50 2.00 $ 140 $ 1 $ 0 0 0.00 $ 0 SUBTOTAL varies varies varies varies varies varies varies varies varies 52.00 $ 13,476 Implementing Ground water Monitoring System ( 265.90)

Conduct hydrogeologic investigation 0.00 24.00 200.00 24.00 248.00 $ 17,336 $ 0 $ 30,000 0 0.00 $ 0 Design and install ground water monitoring system 0.00 40.00 120.00 8.00 168.00 $ 13,032 $ 4,000 $ 0 0 0.00 $ 0 SUBTOTAL varies varies varies varies varies varies varies varies varies 0.00 $ 0 SAMPLING, ANALYSIS AND ASSESSMENT Sampling and Analysis Plan ( 265.92( a))

Compile information for a written sampling and analysis plan 0.00 0.00 40.00 0.00 40.00 $ 2,800 $ 0 $ 5,000 0 0.00 $ 0 File the plan at the facilty 0.00 0.50 1.00 0.50 2.00 $ 140 $ 1 $ 0 0 0.00 $ 0 ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN REPORTING AND RECORDKEEPING REQUIREMENTS FOR GROUND WATER MONITORING REQUIREMENT 36 EXHIBIT 2 INTERIM STATUS FACILITIES Hours and Costs Per Respondent Per Activity Total Hours and Costs Number of Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total $ 125.00/ $ 110.00/ $ 70.00/ $ 29.00/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activities Year Year Notification of Increased Indicator Parameter Concentrations ( 265.93( d)( 1))

Prepare a ground water quality assessment plan outline ( 265.93( a)) 0.00 5.00 24.00 16.00 45.00 $ 2,694 $ 0 $ 0 0 0.00 $ 0 Compile and submit notification 1.00 1.00 5.00 2.00 9.00 $ 643 $ 0 $ 3 4 36.00 $ 2,585 Ground water Quality Assessment Program Plan ( 265.93( d)( 2)( 3))

Develop and submit plan 0.00 8.00 24.00 16.00 48.00 $ 3,024 $ 0 $ 3 4 192.00 $ 12,108 Initial Ground water Quality Assessment Report ( 265.93( d)( 5))

Develop and submit the report 0.00 1.00 20.00 3.00 24.00 $ 1,597 $ 0 $ 5,000 4 96.00 $ 26,388 Sampling and Analysis Conduct sampling and analysis to determine ground water quality under alternate ground water monitoring system ( quarterly) ( 265.90( d)( 4)) 0.00 4.00 16.00 4.00 24.00 $ 1,676 $ 0 $ 4,500 8 192.00 $ 49,408 Conduct sampling and analysis of ground water to obtain analytical data ( semi annually) ( 265.92( d)( e)) 0.00 4.00 16.00 4.00 24.00 $ 1,676 $ 0 $ 4,500 434 10,416.00 $ 2,680,384 Conduct sampling and analysis as part of ground water quality assessment program ( quarterly) ( 265.93( d)( 4)) 0.00 4.00 16.00 4.00 24.00 $ 1,676 $ 0 $ 4,500 870 20,880.00 $ 5,373,120 SUBTOTAL varies varies varies varies varies varies varies varies varies 31,812.00 $ 8,143,993 RECORDKEEPING AND REPORTING Recordkeeping ( 265.94( a)( 1))

Record ground water analytical data at the facility ( semi annually) 0.00 0.50 1.00 0.50 2.00 $ 140 $ 1 $ 0 434 868.00 $ 61,194 Report on Drinking Water Suitability Parameters ( 265.94( a)( 2)( i))

Prepare and submit a report of concentrations or values of the drinking water suitability parameters ( quarterly) 0.00 0.50 1.00 0.50 2.00 $ 140 $ 1 $ 3 0 0.00 $ 0 Reports on Indicator Parameters and Groundwater Surface Elevations ( 265.94( a)( 2)( ii) and ( iii))

Prepare and submit a report on indicator parameter concentrations and evaluations as determined under 265.93( b) 0.00 2.00 4.00 2.00 8.00 $ 558 $ 1 $ 3 217 1,736.00 $ 122,021 Prepare and submit a report of any significant indicator parameter increases ( or pH decreases)

in upgradient wells ( 265.93( c)( 1)) 0.00 1.00 2.00 1.00 4.00 $ 279 $ 1 $ 3 4 16.00 $ 1,132 Prepare and submit a report on ground water surface elevations as determined under 265.92( e) 0.00 2.00 4.00 2.00 8.00 $ 558 $ 1 $ 3 217 1,736.00 $ 122,021 ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN REPORTING AND RECORDKEEPING REQUIREMENTS FOR GROUND WATER MONITORING REQUIREMENT 37 EXHIBIT 2 INTERIM STATUS FACILITIES Hours and Costs Per Respondent Per Activity Total Hours and Costs Number of Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total $ 125.00/ $ 110.00/ $ 70.00/ $ 29.00/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activities Year Year Record of Ground water Quality Assessment ( 265.94( b)( 1))

Record ground water quality assessment data obtained under 265.93( d)( 4) ( quarterly) 0.00 0.50 2.00 0.50 3.00 $ 210 $ 1 $ 0 870 2,610.00 $ 183,570 Ground water Quality Assessment Report ( 265.94( b)( 2))

Prepare and submit a report on the results of the ground water quality assessment program ( annually) 0.00 1.00 2.00 1.00 4 $ 279 $ 1 $ 3 217.5 870.00 $ 61,553 SUBTOTAL varies varies varies varies varies varies varies varies varies 7,836.00 $ 551,490 TOTAL varies varies varies varies varies varies varies varies varies 40,284.00 $ 8,766,629 ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN REPORTING AND RECORDKEEPING REQUIREMENTS FOR GROUND WATER MONITORING REQUIREMENT 38 EXHIBIT 3 REPORTING AND RECORDKEEPING REQUIREMENTS FOR GROUN D WATER MONITORING REQUIREMENT PERMITTED FACILITIES Hours and Costs Per Respondent Per Activity Total Hours and Costs Number of Leg. Mgr . Tech. Cler. Respon. Labor Capi tal/ Respon. Total Total $ 6 0.9 9/ $ 57 .15 / $ 4 1.90 / $ 16 .8 3/ Hours/ Cost/ Startup O & M or Hours/ Cost/

IN FORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activi ties Year Year DETECTION MONITORING Not ificat ion of Contam inat ion ( 2 64.98 ( g)( 1 ))

Review the notification 0.00 0.00 8.00 0.00 8.00 $ 335 $ 0 $ 0 21 168.00 $ 7,035 Enter the information into data base 0.00 0.00 0.00 2.00 2.00 $ 34 $ 0 $ 0 21 42.00 $ 714 Al t ernat e Concent r at ion Lim i t s ( 2 64.98 ( g)( 5)( i ))

Evaluate data submitted to justify an alternate concentration limit 0.00 0.00 160.00 0.00 160.00 $ 6,704 $ 0 $ 0 4 640.00 $ 26,816 Enter information into data base 0.00 0.00 0.00 4.00 4.00 $ 67 $ 0 $ 0 4 16.00 $ 268 Engineer in g Feasibil i t y p lans ( 2 64 .9 8( g)( 5 )( ii )

Evaluate engineering feasibility p lan for a corrective action program 0.00 0.00 160.00 0.00 160.00 $ 6,704 $ 0 $ 0 10 1,600.00 $ 67,040 Enter information into data base 0.00 0.00 0.00 4.00 4.00 $ 67 $ 0 $ 0 10 40.00 $ 670 Dem onst r at ion ( 26 4.9 8( g)( 6 ))

Review notification of intent to submit a demonstration of contamination from an outside source 0.00 0.00 8.00 0.00 8.00 $ 335 $ 0 $ 0 1 8.00 $ 335 Review the dem onstration 0.00 0.00 40.00 0.00 40.00 $ 1,676 $ 0 $ 0 1 40.00 $ 1,676 $ 0 $ 0 SUBTOTAL varies varies varies varies varies varies varies varies varies 2,554.00 $ 104,554 COMPLIANCE MONITORING Dem onst rat ion ( 26 4.9 9 ( i))

Review the notification 0.00 0.00 8.00 0.00 8.00 $ 335 $ 0 $ 0 2 16.00 $ 670 Review the dem onstration 0.00 0.00 40.00 0.00 40.00 $ 1,676 $ 0 $ 0 2 80.00 $ 3,352 Not ificat ion of New Const i tuent s ( 2 64 .99 ( g))

Review the notification 0.00 0.00 8.00 0.00 8.00 $ 335 $ 0 $ 0 10 80.00 $ 3,350 Enter information into data base 0.00 0.00 0.00 2.00 2.00 $ 34 $ 0 $ 0 10 20.00 $ 340 Notification of Exceeded Concentration Limits ( 26 4.99( h)( 1 ))

Review notification 0.00 0.00 8.00 0.00 8.00 $ 335 $ 0 $ 0 20 160.00 $ 6,700 Enter information into data base 0.00 0.00 0.00 2.00 2.00 $ 34 $ 0 $ 0 20 40.00 $ 680 SUBTOTAL varies varies varies varies varies varies varies varies varies 396.00 $ 15,092 CORRECTIVE ACTION Dem onst rat ions ( 264 .1 00( e)( 2 ) and 26 4 .10 0 ( f))

Review the dem onstrations 0.00 0.00 40.00 0.00 40.00 $ 1,676 $ 0 $ 0 0 0.00 $ 0 Report on the Effectiveness of Corrective Action ( 26 4.100 ( g))

Evaluate report 0.00 0.00 40.00 0.00 40.00 $ 1,676 $ 0 $ 0 286 11,440.00 $ 479,336 Enter information into data base 0.00 0.00 0.00 8.00 8.00 $ 135 $ 0 $ 0 286 2,288.00 $ 38,610 SUBTOTAL varies varies varies varies varies varies varies varies varies 13,728.00 $ 517,946 TOTAL varies varies varies varies varies varies varies varies varies 16,678.00 $ 637,592 ANNUAL ESTIMATED AGENCY HOUR AND COST BURDEN 39 EXHIBIT 4 REPORTING AND RECORDKEEPING REQUIREMENTS FOR GROUND WATER MONITORING REQUIREMENT INTERIM STATUS FACILITIES Hours and Costs Per Respondent Per Activity Total Hours and Costs Number of Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total $ 60.99/ $ 57.15/ $ 41.90/ $ 16.83/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activities Year Year APPLICABILITY AND ALTERNATE GROUND WATER MONITORING SYSTEMS Demonstrat ions ( 265.90( c) and 265.90( e))

Review the demonst rat ions 0.00 40.00 70.00 10.00 120.00 $ 5,387 $ 0 $ 0 0 0.00 $ 0 Alternate Ground water Monitoring Plan ( 265.90( d)( 1))

Review the alternate ground water monitoring plan 0.00 25.00 50.00 5.00 80.00 $ 3,608 $ 0 $ 0 0 0.00 $ 0 Ground water Quality Assessment Reports ( 265.90( d)( 3) and ( 5))

Review the reports 0.00 15.00 25.00 0.00 40.00 $ 1,905 $ 0 $ 0 2 80.00 $ 3,810 Enter information into a database 0.00 0.00 0.00 8.00 8.00 $ 135 $ 0 $ 0 2 16.00 $ 270 Demostration for alternate well location ( 265.91( a)( 3))

Review the demonst rations 0.00 20.00 35.00 5.00 60.00 $ 2,694 $ 0 $ 0 0 0.00 $ 0 SUBTOTAL varies varies varies varies varies varies varies varies varies 96.00 $ 4,080 SAMPLING, ANALYSIS, AND ASSESSMENT Notification of Increased Indicator Parameter Concentrat ions ( 265.93( d)( 1))

Review the not ificat ion 0.00 2.00 6.00 0.00 8.00 $ 366 $ 0 $ 0 4 32.00 $ 1,464 Enter information into a database 0.00 0.00 0.00 8.00 8.00 $ 135 $ 0 $ 0 4 32.00 $ 540 Ground water Quality Assessment Plan ( 265.93( d)( 2))

Evaluate the plan 0.00 10.00 30.00 0.00 40.00 $ 1,829 $ 0 $ 0 4 160.00 $ 7,316 Initial Ground water Quality Assessment Report ( 265.93( d)( 5))

Evaluate the reports 0.00 10.00 30.00 0.00 40.00 $ 1,829 $ 0 $ 0 4 160.00 $ 7,316 Enter information into a database 0.00 0.00 0.00 8.00 8.00 $ 135 $ 0 $ 0 4 32.00 $ 540 SUBTOTAL varies varies varies varies varies varies varies varies varies 416.00 $ 17,176 RECORDKEEPING AND REPORTING Report on Drinking Water Suitability Parameters ( 265.94( a)( 2)( i))

Review the report 0.00 23.00 69.00 0.00 92.00 $ 4,206 $ 0 $ 0 0 0.00 $ 0 Enter information into a database 0.00 0.00 0.00 32.00 32.00 $ 539 $ 0 $ 0 0 0.00 $ 0 ANNUAL ESTIMATED AGENCY HOUR AND COST BURDEN 40 EXHIBIT 4 REPORTING AND RECORDKEEPING REQUIREMENTS FOR GROUND WATER MONITORING REQUIREMENT INTERIM STATUS FACILITIES Hours and Costs Per Respondent Per Activity Total Hours and Costs Number of Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total $ 60.99/ $ 57.15/ $ 41.90/ $ 16.83/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activities Year Year Reports on Indicator Parameters and Groundwater Surface Elevations ( 265.94( a)( 2)( ii) and ( iii))

Review report on indicator concent rations and evaluat ions as determined under 265.93( b) 0.00 1.50 6.00 0.50 8.00 $ 346 $ 0 $ 0 217 1,736.00 $ 75,082 Review report on significant indicator parameter increases in upgradient wells 0.00 1.50 6.00 0.50 8.00 $ 346 $ 0 $ 0 4 32.00 $ 1,384 Review report on ground water surface elevations as determined under 265.92( e) 0.00 1.50 6.00 0.50 8.00 $ 346 $ 0 $ 0 217 1,736.00 $ 75,082 Enter information into a database 0.00 0.00 0.00 8.00 8.00 $ 135 $ 0 $ 0 217 1,736.00 $ 29,295 Ground water Quality Assessment Report ( 265.94( b)( 2))

Review the ground water quality assessment report 0.00 10.00 30.00 0.00 40.00 $ 1,829 $ 0 $ 0 217.5 8,700.00 $ 397,808 Enter information into a database 0.00 0.00 0.00 8.00 8.00 $ 135 $ 0 $ 0 217.5 1,740.00 $ 29,363 SUBTOTAL varies varies varies varies varies varies varies varies varies 15,680.00 $ 608,013 TOTAL varies varies varies varies varies varies varies varies varies 16,192.00 $ 629,269 ANNUAL ESTIMATED AGENCY HOUR AND COST BURDEN 41 EXHIBIT 5 PERMITTED AND INTERIM STATUS FACILITIES Total Total Total Annual Total Total Hours per Labor Cost Capital/ Startup Annual O& M Cost per EXHIBIT Year Per Year Costs Per Year Costs Per Year Year PERMITTED FACILITIES Reading the Regulations 194 $ 19,737 $ 0 $ 0 $ 19,737 Implement Ground water Monitoring System 0 $ 0 $ 0 $ 0 $ 0 Detection Monitoring 30,145 $ 2,105,988 $ 431 $ 5,361,573 $ 7,467,992 Compliance Monitoring 8,559 $ 598,280 $ 78 $ 1,453,106 $ 2,051,464 Corrective Action 17,732 $ 1,238,380 $ 286 $ 4,004,000 $ 5,242,666 SUBTOTAL 56,629 $ 3,962,385 $ 795 $ 10,818,679 $ 14,781,859 INTERIM STATUS FACILITIES Reading the Regulations 584 $ 57,670 $ 0 $ 0 $ 57,670 Applicability and Alternate Ground water Monitoring Systems 52 $ 3,474 $ 2 $ 10,000 $ 13,476 Implement Ground water Monitoring System 0 $ 0 $ 0 $ 0 $ 0 Sampling, Analysis, and Assessment 31,812 $ 2,219,968 $ 0 $ 5,924,025 $ 8,143,993 Recordkeeping and Reporting 7,836 $ 547,431 $ 1,960 $ 2,100 $ 551,490 SUBTOTAL 40,284 $ 2,828,543 $ 1,962 $ 5,936,125 $ 8,766,629 TOTAL 96,913 $ 6,790,928 $ 2,757 $ 16,754,803 $ 23,548,487 TOTAL ESTIMATED RESPONDENT HOUR AND COST BURDEN 42 EXHIBIT 6 PERMITTED AND INTERIM STATUS FACILITIES Total Total Hours per Cost per EXHIBIT Year Year PERMITTED FACILITIES Detect ion Monitoring 2,554 $ 104,554 Compliance Monitoring 396 $ 15,092 Correct ive Act ion 13,728 $ 517,946 SUBTOTAL 16,678 $ 637,592 INTERIM STATUS FACILITIES Applicability and Alternate Ground water Monitoring Systems 96 $ 4,080 Sampling, Analysis, and Assessment 416 $ 17,176 Recordkeeping and Report ing 15,680 $ 608,013 SUBTOTAL 16,192 $ 629,269 TOTAL 32,870 $ 1,266,861 TOTAL ESTIMATED AGENCY HOUR AND COST BURDEN