i 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2( a) Need/ Authority for the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2( b) Use/ Users of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3( a) Non duplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3( b) Public Notice Required Prior to ICR Submission to OMB . . . . . . . . . . . . . . . . 10 3( c) Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3( d) Effects of Less Frequent Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3( e) General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3( f) Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3( g) Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 RESPONDENTS AND INFORMATION REQUESTED . . . . . . . . . . . . . . . . . . . . 15 4( a) Respondents/ NAICS Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4( b) Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4( b)( i) Data Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4( b)( ii) Respondent Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 5 INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT . . . . . . . . . . . . . . . 36 5( a) Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 5( b) Collection Methodology and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 5( c) Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 5( d) Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 6 ESTIMATING BURDEN AND COST OF COLLECTION . . . . . . . . . . . . . . . . . . 43 6( a) Respondent Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 6( a)( i) Burden to Public Water Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 6( a)( ii) Burden to Primacy Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 6( b) Respondent Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 6( b)( i) Cost to Public Water Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 6( b)( ii) Cost to Primacy Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 6( c) Agency Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 6( d) Estimating Respondent Universe and Total Burden and Costs . . . . . . . . . . . . . . 49 6( e) Bottom Line Burden Hours and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 6( f) Reasons for Change in Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 6( f)( i) Restructuring Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 6( f)( ii) Other Burden Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 6( g) Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 ii APPENDICES Appendix A. Federal Register Notice Soliciting Comments on Information Collection Requests Appendix B. Surface Water Treatment Rule Spreadsheets Appendix C. Total Coliform Rule Spreadsheets Appendix D. Interim Enhanced Surface Water Treatment Rule Spreadsheets Appendix E. Filter Backwash Recycling Rule Spreadsheets Appendix F. Long Term 1 Enhanced Surface Water Treatment Rule Spreadsheets iii LIST OF EXHIBITS Exhibit 1: Current Structure of OGWDW ICRs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Exhibit 2: PWS Recordkeeping and Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . 16 Exhibit 3: Primacy Agency Recordkeeping and Reporting Requirements . . . . . . . . . . . . . . 21 Exhibit 4: EPA Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Exhibit 5: Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Exhibit 6: Annual PWS Burden and Cost, 2005 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Exhibit 7: Annual Primacy Agency Burden and Cost, 2005 2007 . . . . . . . . . . . . . . . . . . . 49 Exhibit 8: Bottom Line Annual Burden and Cost, 2005 2007 . . . . . . . . . . . . . . . . . . . . . . 50 Exhibit 9: Summary of Changes in Annual Burden ( Includes PWS and Primacy Agency Burden) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Exhibit 10: Restructuring Adjustments to the Annual Burden Inventory for the Microbial Rules ICR ( Includes PWS and Primacy Agency Burden) . . . . . . . . . . . . . . . . . . 52 Exhibit 11: Adjustments to PWS Burden from Previous ICR Estimates . . . . . . . . . . . . . . . 53 Exhibit 12: Adjustments to Primacy Agency Burden from Previous ICR Estimates . . . . . . 54 Exhibit 13: Adjustments to Annual Burden Carried Forward from Previous ICR Estimates ( Includes PWS and Primacy Agency Burden) . . . . . . . . . . . . . . . . . . . . . . . . . . 55 LIST OF FIGURES Figure 1: Structure of OGWDW ICRs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 iv ACRONYMS CCP Composite Correction Program CCR Consumer Confidence Report CDC Centers for Disease Control and Prevention CFE Combined Filter Effluent CFR Code of Federal Regulations CPE Comprehensive Performance Evaluation CT Contact Time CWS Community Water System CWSS Community Water System Survey DBPR Disinfectants and Disinfection Byproducts Rule DDBP/ Chem/ Rads Disinfectants and Disinfection Byproducts, Chemical, and Radionuclides DWSRF Drinking Water State Revolving Fund EPA Environmental Protection Agency ESWTR Enhanced Surface Water Treatment Rule FBRR Filter Backwash Recycling Rule FR Federal Register FRDS Federal Reporting Data System FTE Full Time Equivalent FY Fiscal Year GWR Ground Water Rule GWUDI Ground Water Under the Direct Influence of Surface Water HAA5 Haloacetic Acids HPC Heterotrophic Plate Count ICR Information Collection Request ICW Information Correction Worksheet IESWTR Interim Enhanced Surface Water Treatment Rule IFA Individual Filter Assessment IOC Inorganic Compound LCR Lead and Copper Rule LT1ESWTR Long Term 1 Enhanced Surface Water Treatment Rule LT2ESWTR Long Term 2 Enhanced Surface Water Treatment Rule Lab QA Laboratory Quality Assurance Evaluation Program MCL Maximum Contaminant Level MCLG Maximum Contaminant Level Goal NAICS North American Industry Classification System NCWS Noncommunity Water System NPDWRs National Primary Drinking Water Regulations NTNCWS Nontransient Noncommunity Water System NTU Nephelometric Turbidity Unit O& M Operation and Maintenance OGWDW Office of Ground Water and Drinking Water OMB Office of Management and Budget PN Public Notification PRA Paperwork Reduction Act PWS Public Water System PWSS Public Water System Supervision RegNeg Regulatory Negotiation v RIA Regulatory Impact Analysis RFA Regulatory Flexibility Analysis SBARP Small Business Advocacy Review Panel SBREFA Small Business Regulatory Enforcement Fairness Act SCADA Supervisory Control and Data Acquisition SDWA Safe Drinking Water Act SDWIS Safe Drinking Water Information System SER Small Entity Representative SOC Standard Occupational Classification SNC Significant Non Compliance SWAP Source Water Assessment Program SWTR Surface Water Treatment Rule TCR Total Coliform Rule TNCWS Transient Noncommunity Water System TTHM Total Trihalomethanes UCMR Unregulated Contaminant Monitoring Rule UIC Underground Injection Program V& Es Variances and Exceptions Microbial Rules ICR November 2004 1 Throughout this document, the terms " State" or " states" are used to refer to all types of primacy agencies. There are currently 57 primacy agencies, including the 50 States, the District of Columbia, U. S. territories ( Puerto Rico, U. S. Virgin Islands, Guam, American Samoa, and Northern Marianas), and Navajo Nation. Though Wyoming and the District of Columbia do not have primacy, the EPA burden for these activities is counted as primacy agency burden.

2 SDWIS replaced the Federal Reporting Data System ( FRDS) as the national drinking water database of record on August 15, 1995.

1 1 IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection Title: Information Collection Request for the Microbial Rules OMB Control Number: 2040 0205 EPA Tracking Number: 1895.03 1( b) Short Characterization The Office of Ground Water and Drinking Water ( OGWDW) in the Office of Water at the United States Environmental Protection Agency ( EPA or the Agency) is responsible for developing National Primary Drinking Water Regulations ( NPDWRs) as mandated by the Safe Drinking Water Act ( SDWA). Section 1412 of the SDWA requires EPA to establish NPDWRs for contaminants that may adversely impact human health. The Act further requires EPA to monitor and enforce these regulations to ensure that the nation's drinking water dependably complies with the maximum contaminant levels ( MCLs) stipulated in the Code of Federal Regulations ( CFR), 40 CFR Part 141, Subpart B.

Section 1445 of the SDWA stipulates that every drinking water supplier must conduct monitoring, maintain records, and provide such information as is needed for EPA to implement its monitoring and enforcement responsibilities with respect to the Act. State1 governments   in those states that have assumed primary enforcement responsibility ( primacy) for public water systems ( PWSs) under SDWA Section 1413   ensure that PWSs are complying with these monitoring requirements. As part of the Public Water System Supervision ( PWSS) Program, the OGWDW uses the Safe Drinking Water Information System ( SDWIS) 2 to record some of the data collected as a result of NPDWR requirements. SDWIS is a database management system that assists EPA in tracking and interpreting monitoring data and other program related data. These data assist EPA in fulfilling its SDWA obligations.

This Information Collection Request ( ICR) was prepared in accordance with the February 1999 version of EPA's Guide to Writing Information Collection Requests Under the Paperwork Reduction Act ( PRA) of 1995 ( or " ICR Handbook") prepared by EPA's Office of Environmental Information, Office of Information Collection, Collection Strategies Division. The ICR Handbook provides the most current instructions for ICR preparation to ensure compliance with Microbial Rules ICR November 2004 3 This Microbial Rules ICR includes all SWTR components except disinfectant residual monitoring and associated activities, which are included in the Disinfectants and Disinfection Byproducts, Chemical, and Radionuclides ( DDBP/ Chem/ Rads) Rules ICR ( see footnote 6 for more information).

4The burden for this rule was previously addressed in stand alone ICR OMB # 2040 0229. It is being incorporated into the Microbial Rules ICR for the first time.

2 the 1995 PRA amendments and Office of Management and Budget's ( OMB's) implementing guidelines.

This ICR examines PWS, primacy agency, and EPA burden and costs for recordkeeping and reporting required in support of microbial contaminant associated rulemakings. These rules include the following   1) Surface Water Treatment Rule ( SWTR) 3 2) Total Coliform Rule ( TCR) 3) Interim Enhanced Surface Water Treatment Rule ( IESWTR) 4) Filter Backwash Recycling Rule ( FBRR) 5) Long Term 1 Enhanced Surface Water Treatment Rule ( LT1ESWTR) 4 In addition, burden for future rules that address microbial contaminants ( Long Term 2 Enhanced Surface Water Treatment Rule ( LT2ESWTR), and the Ground Water Rule ( GWR)) will be added to this ICR when the regulations are finalized and the original stand alone ICRs for each expire.

This ICR estimates costs for years 2005, 2006, and 2007. This ICR updates the burden and cost estimates provided in the Microbial Rules ICR dated November 28, 2001, which expires on November 30, 2004. The burden and cost estimates for each rule are discussed in greater detail in Section 6 of this document.

Continuing costs and burden for several existing drinking water regulations are evaluated in this ICR. The total annual burden associated with this ICR is estimated to be approximately 8.62 million hours per year. The total annual cost associated with this ICR is estimated to be approximately $ 340.5 million. The distribution of annual burden between PWSs and primacy agencies is approximately 6.87 million hours and 1.76 million hours, respectively. The distribution of annual costs between PWSs and primacy agencies is approximately $ 284.7 million and $ 55.8 million, respectively. There is no Agency burden or costs for this ICR. Section 6 and Appendices B through F detail these burden and cost calculations.

The approximate annual operation and maintenance ( O& M) and capital costs are $ 96.9 million ($ 74.1 million for O& M and $ 22.8 million for capital). This represents the " cost burden" as reported in the OMB inventory. Note that these costs are for PWSs only; primacy agencies do not have capital or O& M costs associated with the Microbial Rules. Microbial Rules ICR November 2004 3 The total number of respondents for this ICR is 161,274; 57 of these respondents are primacy agencies and the balance are existing PWSs ( 161,217). The total annual number of responses for these respondents is 11.3 million ( 9.2 million for PWSs and 2.0 million for primacy agencies). Microbial Rules ICR November 2004 4 2 NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection This section identifies the regulatory or statutory authority for the information collection activities covered in this ICR and describes why EPA needs the information. Section 4 contains a summary of the major recordkeeping and reporting requirements for rules covered by this ICR.

The Microbial Rules ICR includes the following rules addressing microbial contaminants   1) Surface Water Treatment Rule 2) Total Coliform Rule 3) Interim Enhanced Surface Water Treatment Rule 4) Filter Backwash Recycling Rule 5) Long Term 1 Enhanced Surface Water Treatment Rule As new regulations addressing microbial contaminants are published, EPA will amend the Microbial Rules ICR to include these new rules upon expiration of the original stand alone ICRs. Proposed new regulations include LT2ESWTR and GWR.

For a graphical depiction of the current structure of the OGWDW ICRs, see Figure 1. A complete itemization of the activities included in the three primary ICRs, as well as other drinking water program ICRs, is included as Exhibit 1.

The EPA requires the information collected under this ICR to carry out its monitoring and enforcement responsibilities under the SDWA. Without comprehensive, up to date information on drinking water contamination, EPA would not be able to meet the SDWA statutory requirements stated below.

NPDWRs under the SDWA are to include monitoring requirements ( Section 1401 ( 1)( D)). Specifically, the Act requires that C there must be criteria and standards to assure a supply of drinking water which dependably complies with such maximum contaminant levels; including quality control and testing procedures to insure compliance with such levels and to insure proper operation and maintenance of the system, ...

Section 1445 of the SDWA requires that C every person who is a supplier of water, . . . shall establish and maintain such records, make such reports, conduct such monitoring, and provide such information as the Administrator may reasonably require by regulation to assist him in establishing regulations, in determining whether such person has acted or is in compliance with this title, ... Microbial Rules ICR November 2004 5 Green = Activities remain as in current ICR Blue = Activities moving out of standalone ICRs Purple = Future amendments that will be added upon expiration of the initial standalone ICRs Red = New Activities Figure 1. Structure of OGWDW ICRs PWSS Program ICR 2040 0090 DDBP/ Chem/ Rads Rules ICR 2040 0204 Cap Dev V& E's Primacy Reg PN CCRs State Primacy Activities Stage 1 TTHMs Chems LCR ' 76 Rads ' 00 Rads IESWTR SWTR LT1 Lab QA 2040 0246 Microbial Rules ICR 2040 0205 FBRR TCR GWR Arsenic Stage 2 UCMR 1 Radon Needs Survey 2040 0251 DW SRF 2040 0185 SWAP 2040 0197 Op Cert LT2 Bioterrorism 2040 0253 Tribal Op Cert UCMR 2 Class V Florida Class I UIC Program Constructed Conveyances Microbial Rules ICR November 2004 5 Disinfectant residual monitoring and associated activities are included in the DDBP/ Chem/ Rads Rules ICR.

6 Exhibit 1 Current Structure of OGWDW ICRs Activity Currently Covered Activity Covered in the Future PWSS Program ICR ( 2040 0090)

Consumer Confidence Reports ( CCRs)

Primacy Regulation Activities Variances & Exemptions ( V& Es)

The Capacity Development Program General State Primacy Activities Public Notification ( PN)

Operator Certification Guidelines and Expense Reimbursement Grants Program Tribal Operator Certification Microbial Rules ICR ( 2040 0205)

Surface Water Treatment Rule, except disinfectant residual monitoring and associated activities5 Long Term 2 Enhanced Surface Water Treatment Rule Total Coliform Rule Ground Water Rule Interim Enhanced Surface Water Treatment Rule Filter Backwash Recycling Rule Long Term 1 Enhanced Surface Water Treatment Rule Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides Rules ICR ( 2040 0204)

Stage 1 Disinfectants and Disinfection Byproducts Rule Stage 2 DBPR Disinfectant Residual Monitoring and Associated Activities under the SWTR Radon Total Trihalomethanes ( TTHM) Rule Unregulated Contaminant Monitoring Rule Chemical Phase Rules 2000 Radionuclides Rule 1976 Radionuclides Rule Microbial Rules ICR November 2004 Activity Currently Covered Activity Covered in the Future 7 Arsenic Rule Lead and Copper Rule Unregulated Contaminant Monitoring Rule ( List 2)

Source Water Assessment Program ( SWAP) ICR ( 2040 0197)

SWAP Underground Injection Control ( UIC) Program ICR ( 2040 0042)

UIC Base Program Activities Florida Class I Rule Class V Rule Drinking Water State Revolving Fund ( DWSRF) ICR ( 2040 0185)

Drinking Water State Revolving Fund Program Drinking Water Infrastructure Needs Survey ICR ( 2040 0251)

1999 Needs Survey ( complete)

Title VI of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002: Drinking Water Security and Safety ICR ( 2040 0253)

Vulnerability Assessments and Emergency Response Plans for CWSs 1) Surface Water Treatment Rule The 1986 SDWA Amendments required EPA to propose and promulgate a NPDWR specifying criteria under which filtration would be required as a treatment technique for public water systems supplied by surface water sources ( Section 1412 ( b)( 7)( C)( i)). In promulgating this regulation and setting the criteria, EPA was required to consider source water quality; protection afforded by watershed management programs; treatment techniques, such as disinfection practices and length of water storage; and other factors relevant to protection of health. The requirements for the SWTR included in this ICR help EPA promote public health through proper operation of filtration techniques. Additional SWTR requirements, such as monitoring and watershed control programs, promote protection of public health in the absence of filtration.

2) Total Coliform Rule The 1986 SDWA Amendments required EPA to publish maximum contaminant level goals ( MCLGs) and promulgate NPDWRs for the 83 contaminants listed in the Advance Notice of Proposed Rulemaking at 47 FR 45502 ( March 4, 1982) and 48 FR 45502 ( October 5, 1983). EPA believes that promulgation of this regulation complied with the statutory requirements for regulating total coliforms in all PWSs. Microbial Rules ICR November 2004 8 3) Interim Enhanced Surface Water Treatment Rule SDWA Section 1412( b)( 2)( c) requires EPA to promulgate an Interim Enhanced Surface Water Treatment Rule. The IESWTR sets the first drinking water standards to control Cryptosporidium in large systems.

4) Filter Backwash Recycling Rule SDWA was amended in August 1996, resulting in the addition of new sections that establish new drinking water requirements. SDWA Section 1412( b)( 14) requires the Administrator to promulgate a regulation to govern the recycling of filter backwash water within the treatment process of a PWS. The FBRR satisfies this regulatory requirement.

5) Long Term 1 Enhanced Surface Water Treatment Rule SDWA Section 1412( b)( 2)( C) established a number of regulatory deadlines, including two stages of the Enhanced Surface Water Treatment Rule ( ESWTR). The LT1ESWTR is part of the first stage of the ESWTR. The LT1ESWTR strengthens the standards previously established under the SWTR.

2( b) Use/ Users of the Data The information described in Section 4 of this ICR will be collected by EPA and made available to the public upon request, as required by the Freedom of Information Act ( 40 CFR Chapter 1 Part 2). In some cases, SDWA requires that the information be provided to the public or the primacy agency. Primary users of the data collected under this ICR are OGWDW, PWS managers, and primacy agencies, which include State regulators, Indian Tribes, and, in some instances, EPA Regional Administrators. Other users include the followingC $ Staff from other EPA programs ( such as Superfund, the Resource Conservation and Recovery Act, and the Office of Enforcement and Compliance Assurance)

$ Federal Emergency Management Administration $ Centers for Disease Control and Prevention ( CDC)

$ Military bases $ Farmers Home Administration $ Department of Interior $ Department of Housing and Urban Development $ U. S. Army Corps of Engineers $ White House Task Forces $ American Water Works Association $ Association of Metropolitan Water Agencies $ National Rural Water Association $ National Association of Water Companies $ Association of State Drinking Water Administrators Microbial Rules ICR November 2004 9 ° Natural Resources Defense Council ° Consumers Federation of America ° News Organizations Primacy agencies maintain records compiled from PWS respondents ( § 142.14) and can use these records to track PWS monitoring, compliance violations, and enforcement activities. The primacy agency can also track schedules for PWSs trying to achieve compliance. Primacy agencies also report the number of violations, which will help them to target systems for compliance and take the necessary remedial action.

Primacy agencies report information on PWS violations to SDWIS. This Federal information system allows EPA and States to store and retrieve information over time. Trends in compliance data can be evaluated at the system, State, and national program levels. Usually, these data are used by the Agency for maintaining oversight and to support Federal enforcement actions in cases where States fail to enforce. Microbial Rules ICR November 2004 10 3 NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Non duplication EPA has made an effort to ensure that the data collection efforts associated with this ICR are not duplicated. EPA consulted with State environmental programs, other Federal agencies ( such as the CDC), and regulated entities ( such as PWSs and their representative trade associations). To the best of EPA's knowledge, data currently required by the SDWA ( and its implementing regulations codified at 40 CFR Parts 141 and 142) are not available from any other source.

3( b) Public Notice Required Prior to ICR Submission to OMB To comply with the 1995 Amendments to the PRA, EPA will solicit public comment on this ICR for a 60 day period before it is submitted to OMB. Specifically, EPA published a notice in the Federal Register ( FR) requesting comment on the estimated respondent burden and other aspects of this ICR ( to be included as Appendix A). EPA received no comments during the 60 day comment period. An additional Federal Register notice will be published prior to submission of this ICR to OMB. The public comment period for this additional notice is 30 days.

3( c) Consultations Throughout the development and implementation of various microbial regulations, OGWDW has held numerous meetings with interested stakeholders, including State and EPA Regional personnel and PWS representatives, to identify the value and ease of collecting information needed to fulfill SDWA obligations. As a standard regulatory development practice to promote public involvement, EPA formally solicits public comment on proposed drinking water rules. Before any rule is finalized, EPA logs and evaluates all written comments on proposed rules. Additionally, EPA usually holds public meetings during which any interested party may provide oral testimony for Agency consideration. Such meetings are typically announced in the Federal Register notice accompanying the proposed rule.

In the initial phases of program development, or to confirm assumptions on which rules or guidelines are based, EPA often augments formal meetings with other workshops or meetings to gather information. The following are specific examples of meetings and other consultations held by EPA to address the regulations contained in this ICR   ° In 1981, EPA held a workshop on drinking water microbiology.

° In 1985, EPA held a workshop to discuss options for regulating microbial contaminants. Microbial Rules ICR November 2004 11 ° In 1985, the Federal Register presented a discussion on the need for mandatory filtration and disinfection of surface water. This FR notice also requested public comment on the subject.

° A FR notice was published on May 6, 1988, to discuss additional alternatives for the proposed SWTR.

° The TCR was published on June 29, 1989. The 1989 TCR was reviewed as part of the six year review of drinking water standards. EPA published its preliminary revise/ do not revise decisions in the April 17, 2002 edition of the Federal Register to request public comment ( 67 FR 19029 19090). EPA received and reviewed comments from 44 commenters. EPA held a stakeholder meeting on May 30, 2002 to discuss the results of these preliminary findings. In July, 2003, EPA completed their preliminary review of existing drinking water standards, including TCR. Based on the Agency's preliminary review, as well as the public comments received and other new information, EPA believes that it is appropriate to revise the TCR.

° In 1992, EPA instituted a formal RegNeg process to discuss proposed amendments to the SDWA with potentially affected parties ( 57 FR 53866; Nov. 13, 1992). This RegNeg Committee included representatives from water utilities and other industries, State public health and regulatory agencies, environmental groups, consumer groups, and EPA. Following an extensive consensus building effort, the RegNeg Committee agreed that EPA should propose three rules: Information Collection Rule ( finalized in 1996), a staged Enhanced Surface Water Treatment Rule ( the first stage was promulgated in December 1998), and a staged Disinfectants and Disinfection Byproducts Rule ( the first stage was promulgated concurrently with the IESWTR in December 1998).

° A microbial contaminants and disinfection byproducts advisory committee, formed under the authority of the Federal Advisory Committees Act, convened in 1997 to review the data and assumptions used to support the 1994 proposed changes to the SWTR and data that had subsequently been collected. In July 1997, participants signed an agreement in principle, outlining the Committee's recommendations to EPA on the major components of the IESWTR and Stage 1 DBPR.

° Between March and December 1997, the Small System Data Needs Working Group held six meetings to discuss availability of water quality and financial data for small systems.

° Twenty four small entity representatives ( SERs) were invited to participate in a teleconference to discuss the FBRR on April 28, 1998. Of the 24 invited SERs, 15 participated in the teleconference. Microbial Rules ICR November 2004 12 ° On August 21, 1998, a Small Business Advocacy Review Panel ( SBARP) met to discuss the proposed FBRR. Two additional meetings of the SBARP were held between August 21 and October 19, 1998.

° In September 1998, the SBARP distributed information on regulatory approaches and costs to the SERs for review and comment.

° The SBARP and SERs participated in a joint teleconference on September 25, 1998.

In an effort to solicit comments concerning the estimated burden for this ICR renewal, EPA developed a communication strategy that involved directly mailing the first Federal Register notice to over 150 individuals and organizations including key respondent organizations like the Association of State Drinking Water Administrators and the American Water Works Association.

Additionally, consultations were conducted with major associations that represent the entities that face reporting and record keeping burdens associated with the Microbial Rules. None of these associations could identify individual members who could respond to questions about burden estimates. As they explained, their members ( states and public water systems) rely on the national offices of the associations to track Federal Register notices and respond to them.

The most important conclusion is that the associations felt that the ICR for the Microbial Rules was primarily about rules that already had been implemented. Therefore, any comments on burden estimates had been presented to the Agency at the time the rule was promulgated. Those associations that took the time to study the ICR did not see any changes that would affect burden. Accordingly, they did not respond to the Agency's request for comments. Other associations reported that they never comment on ICR's, or that they lacked the internal resources to comment on this specific ICR.

Mr. James Taft Association of State Drinking Water Administrators 202 293 7655 Comment: The staff and Executive Director of the Association of State Drinking Water Administrators reviewed the Microbial ICR when it appeared in the Federal Register. Because the ICR referenced rules that were already being implemented and for which resources had already been allocated by the states, it was difficult to justify the time and resources necessary to validate whether the burden estimates were reasonable or accurate. Although the general sense is that the burden estimates are typically too low, states are more interested in the burden and resource needs for new and future rules for which they will have to make a case to their upper management and legislatures for resources. To the best of their knowledge, no states commented on the ICR. Microbial Rules ICR November 2004 13 Mr. Ed Thomas National Rural Water Association 202 742 4413 Comment: Staff of the National Rural Water Association reviewed the Microbial ICR when it appeared in the Federal Register. While they would have liked to have conducted an analysis of the burden estimates, they did not have the time or resources. To the best of their knowledge, none of their members commented on the ICR.

Mr. Louis Jenny Senior Director of Government Relations National Association of Water Companies 202 833 8383 Comment: Mr. Jenny indicated that NAWC usually does not respond to these types of Federal Register notices. He was not aware of any comments submitted by their members.

Mr. Thomas Schaeffer Association of Metropolitan Water Agencies 202 331 2820 Comment: Since this was a renewal of ICR authorization for information already being collected under existing rules, it was not something that the association would have commented on unless they knew of significant problems or underestimates of costs. This was not the case.

3( d) Effects of Less Frequent Collection EPA has considered a wide range of alternatives for frequency of data collection. Where possible, EPA has chosen to require the least frequent collection that remains consistent with overall public health protection objectives. If data are collected less frequently, the primacy agency may not identify in a timely fashion significant contaminant concentrations which might threaten the health and safety of drinking water consumers.

For some microbial contaminant regulations, the primacy agency has discretion in adjusting the monitoring schedules. Monitoring schedules vary based on the number of people served by a system, contaminants likely to be found, and source of raw water supply. The monitoring frequency design also considers that the number of people served affects exposure to contaminants, as well as the resources available to undertake monitoring activity. Monitoring frequencies have been carefully devised based on the following factors   ° Data quality needed for a representative sample. ° Precision and accuracy needed from the representative sample. ° Number of people served by the system. Microbial Rules ICR November 2004 14 ° Source of the supply ( e. g., surface water or ground water). ° Contaminants likely to be found. ° Historical variability in contaminant occurrence.

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

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

3( g) Sensitive Questions No information of a sensitive nature will be collected as a result of this ICR. Microbial Rules ICR November 2004 15 4 RESPONDENTS AND INFORMATION REQUESTED 4( a) Respondents/ NAICS Codes Data associated with this ICR are collected and maintained at the PWS, State, and Federal levels. Respondents includeC $ Owners/ operators of PWSs, who must report to the primacy agency.

$ Primacy agencies that must report to EPA Headquarters.

$ Regional EPA Administrators, who must send reports and notices to PWS owners and States.

The North American Industry Classification System ( NAICS) code for PWSs is 22131. The NAICS code for State agencies that include drinking water programs is 92411 ( Administration of Air and Water Resources and Solid Waste Management Programs) or 92312 ( Administration of Public Health Programs). Ancillary systems ( i. e., those that supplement the function of other establishments like factories, power plants, mobile home parks, etc.) cannot be categorized in a single NAICS code. For ancillary systems, the NAICS code is that of the primary establishment or industry.

4( b) Information Requested Exhibits 2 and 3 summarize the respondent information collection requirements covered by the Microbial Rules ICR. These requirements are also discussed below. Microbial Rules ICR November 2004 16 Exhibit 2 PWS Recordkeeping and Reporting Requirements Requirement Regulatory Citation Frequency/ Retention General Requirements ( apply to all regulations)

Reporting Except where a different period is specified in an individual drinking water regulation, PWSs are required to submit the following to the State:

Results of any test measurement or analysis required in 40 CFR Part 141. 40 CFR 141.31( a) At the end of the required monitoring period Failure to comply with any NPDWR. 40 CFR 141.31( b) and ( c) As necessary, unless State lab performs analysis and reports results to State Copies of records required to be maintained under 141.33 and/ or copies of documents that the State is entitled to under Section 1445 of SDWA or State law. 40 CFR 141.31( e) As requested Recordkeeping Except where a different period is specified in an individual drinking water regulation, PWSs are required to retain the following information:

Records of bacteriological or chemical analyses and related information. 40 CFR 141.33( a) 5 years for bacteriological data; 10 years for chemical data Records of actions taken by the PWS to correct violations of NPDWRs. 40 CFR 141.33( b) 3 years after last action taken related to the violation Copies of any written reports, summaries, or communications relating to sanitary surveys. 40 CFR 141.33( c) 10 years Records concerning a variance or exemption granted. 40 CFR 141.33( d) 5 years following the expiration of the variance or exemption SWTR ( all requirements except those regarding disinfection residual monitoring)

Unfiltered Systems  Reporting Report source water quality information to the State for each month the system serves water to the public. 40 CFR 141.75( a)( 1)( i) through ( ix) Monthly Report to the State a summary of PWS compliance with all watershed control program requirements. 40 CFR 141.75( a)( 3) Annually Microbial Rules ICR November 2004 Requirement Regulatory Citation Frequency/ Retention 17 Report to the State on the on site inspection conducted during that year. 40 CFR 141.75( a)( 4) Annually Any waterborne disease outbreak potentially attributable to that water system must be reported to the State. 40 CFR 141.75( a)( 5)( i) As necessary Any time turbidity exceeds 5 NTU the PWS must inform the State. 40 CFR 141.75( a)( 5)( ii) As necessary Filtered Systems  Reporting Report to the State turbidity measurements and associated information for each month the system serves water to the public. 40 CFR 141.75( b)( 1)( i) through ( iii) Monthly Any time turbidity exceeds 5 NTU the PWS must inform the State. 40 CFR 141.75( b)( 3)( ii) As necessary Any waterborne disease outbreak potentially attributable to that water system must be reported to the State. 40 CFR 141.75( b)( 3)( i) As necessary TCR Reporting Prepare written sample siting plan for State review. 40 CFR 141.21( a)( 1) As necessary Notify the State if fecal coliforms or E. coli are present. 40 CFR 141.21( e)( 1) As necessary Report to the State any exceedance of the MCL for total coliforms. 40 CFR 141.21( g)( 1) As necessary Report to the State any failure to comply with coliform monitoring requirements. 40 CFR 141.21( g)( 2) As necessary Recordkeeping Subject to general requirements as listed above.

IESWTR Determination of systems required to profile  Reporting Submit data to the State for determination of profiling applicability. 40 CFR 141.172( a)( 5)( i) through ( iii) One time, as necessary Notify the State in writing if a system elects to skip applicability determination and complete a profile. 40 CFR 141.172( a)( 5)( iv) One time, as necessary Submit to the State a written request for approval to use a more representative data set. 40 CFR 141.172( a)( 5)( v) One time, as necessary Microbial Rules ICR November 2004 Requirement Regulatory Citation Frequency/ Retention 18 Disinfection profiling  Reporting A PWS with three years of existing operating data may submit those data, a profile generated using those data, and a request that the State approve use of those data in lieu of monitoring. 40 CFR 141.172( b)( 3)( i) One time, as necessary Disinfection profiling  Recordkeeping A PWS must retain disinfection profile data in graphic form, as a spreadsheet, or in some other format acceptable to the State for review as part of sanitary surveys conducted by the State. 40 CFR 141.172( b)( 6) One time, as necessary Disinfection benchmarking  Reporting A PWS must submit information to the State as part of the required consultation process when making significant changes to disinfection practices. 40 CFR 141.172( c)( 4) As necessary Filtration  Reporting A PWS using alternative filtration technologies must demonstrate to the State that the system achieves required removal/ inactivation. 40 CFR 141.173( b) As necessary A PWS must report combined filter effluent turbidity levels for each month that the system serves water to the public. 40 CFR 141.175( a)( 1) through ( 3) Monthly A PWS must report that it has conducted individual filter turbidity monitoring for each month that the system serves water to the public. 40 CFR 141.175( b) Monthly If certain measurement thresholds are exceeded, a PWS must report individual filter turbidity measurements for each month that the system serves water to the public. 40 CFR 141.175( b)( 1) through ( 4) Monthly Following certain exceedances, a PWS must report to the State the reason for the exceedance or that is has produced a filter profile. 40 CFR 141.175( b)( 1) and ( 2) As necessary Following certain exceedances, a PWS must report to the State that it has conducted a filter selfassessment 40 CFR 141.175( b)( 3) As necessary Following certain exceedances, a PWS must submit to the State a comprehensive performance evaluation ( CPE). 40 CFR 141.175( b)( 4) As necessary If certain measurement thresholds are exceeded, systems must inform the State. 40 CFR 141.175( c)( 1) and ( 2) As necessary Microbial Rules ICR November 2004 Requirement Regulatory Citation Frequency/ Retention 19 Filtration  Recordkeeping Systems must maintain the results of individual filter turbidity monitoring. 40 CFR 141.175( b) 3 years FBRR Reporting Notify the State in writing if a PWS recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes. This notification must include: 1) A plant schematic showing the origin of all flows which are recycled ( including, but not limited to, spent filter backwash water, thickener supernatant, and liquids from dewatering processes), the hydraulic conveyance used to transport them, and the location where they are re introduced back into the treatment plant; and 2) Typical recycle flow in gallons per minute ( gpm), the highest observed plant flow experienced in the previous year ( gpm), design flow for the treatment plant ( gpm), and Stateapproved operating capacity for the plant where the State has made such determinations. 40 CFR 141.76( b)( 1) and ( 2) One time Recordkeeping Collect and retain on file the following recycle flow information for review and evaluation by the State: 1) Copy of the recycle notification and information submitted to the State; 2) List of all recycle flows and the frequency with which they are returned; 3) Average and maximum backwash flow rate through the filters and the average and maximum duration of the filter backwash process in minutes; 4) Typical filter run length and a written summary of how filter run length is determined; 5) The type of treatment provided for the recycle flow; and 6) Data on the physical dimensions of the equalization and/ or treatment units, typical and maximum hydraulic loading rates, type of treatment chemicals used and average dose and frequency of use, and frequency at which solids are removed, if applicable. 40 CFR 141.76( d)( 1) through ( 6) 10 years LT1ESWTR Reporting Report the total number and percentage of combined filter effluent ( CFE) turbidity measurements that exceeded their 95th percentile turbidity limit and the value of measurements that exceed their maximum turbidity limit. 40 CFR 141.550 141.553 Monthly Microbial Rules ICR November 2004 Requirement Regulatory Citation Frequency/ Retention 20 Systems must report that they have conducted individual filter turbidity monitoring. If a system exceeds 1.0 NTU in two consecutive measurements the system must include the filter number, date, turbidity values, and reason for the exceedance at the end of the month. 40 CFR 141.560 141.564 Monthly If a self assessment is required, the system must report the date that it was triggered and the date that it was completed. 40 CFR 141.560 141.564 Monthly ( or 14 days after the self assessment was triggered only if the selfassessment was triggered during the last four days of the month)

If a CPE is required, the system must report that the CPE is required and the date that it was triggered. 40 CFR 141.560 141.564 Monthly If a CPE is required, the system must submit a copy of the completed CPE report. 40 CFR 141.560 141.564 Within 120 days after the CPE was triggered Report results of optional monitoring which show TTHM levels < 0.064 mg/ L and haloacetic acid ( HAA5) levels < 0.048 mg/ L ( only if the system wishes to forgo profiling) or report that disinfection profiling has begun. 40 CFR 141.530 141.536 As necessary Report a description of the proposed change in disinfection, the system's disinfection profile for Giardia lamblia ( and, if necessary, viruses) and disinfection benchmark, and an analysis of how the proposed change will affect the current levels of disinfection. 40 CFR 141.540 141.544 As necessary Recordkeeping Records of CFE turbidity monitoring measurements. 40 CFR 141.550 141.553 At least 3 years Records of individual filter turbidity monitoring measurements. 40 CFR 141.560 141.564 At least 3 years Records of disinfection profiles ( including raw data and analysis). 40 CFR 141.530 141.536 Indefinitely Records of disinfection benchmarking ( including raw data and analysis). 40 CFR 141.540 141.544 Indefinitely Microbial Rules ICR November 2004 21 Exhibit 3 Primacy Agency Recordkeeping and Reporting Requirements Requirement Regulatory Citation Minimum Frequency/ Retention Period General Requirements ( apply to all regulations)

Reporting Submit reports to the Administrator containing new violations by PWS and new enforcement actions by States that occurred during the previous quarter. 40 CFR 142.15( a)( 1) and ( 2) Quarterly Recordkeeping Maintain records of tests, measurements, analyses, decisions, and determinations performed on each PWS to determine compliance with applicable provisions of State primary drinking water regulations. 40 CFR 142.14( a) Varies ( not less than one year)

Retain files, which shall include for each PWS in the State reports of sanitary surveys, records of any State approvals, and records of any enforcement actions. 40 CFR 142.14( d)( 2) and ( 3) 12 years SWTR ( all requirements except those regarding disinfection residual monitoring)

Reporting A list identifying the name, PWS identification number and date of the determination for each PWS that the State has determined is not required to provide filtration treatment. 40 CFR 142.15( c)( 1)( i)( A) As necessary A list identifying the name and PWS identification number of each PWS that the State has determined has no means of having a sample transported and analyzed for HPC by a certified laboratory under the requisite time and temperature conditions and is providing adequate disinfection in the distribution system. 40 CFR 142.15( c)( 1)( i)( B) As necessary Notification of any determination that a PWS is not required to provide filtration treatment. 40 CFR 142.15( c)( 1)( ii) Within 60 days of the end of the calendar quarter Recordkeeping Records of microbiological analyses. 40 CFR 142.14( a)( 1) 1 year Records of microbiological analyses of repeat or special samples. 40 CFR 142.14( a)( 2) 1 year Microbial Rules ICR November 2004 Requirement Regulatory Citation Minimum Frequency/ Retention Period 22 Records of turbidity measurements. 40 CFR 142.14( a)( 3) 1 year Records of decisions made on a system by system and case by case basis under provisions of part 141, subpart H, subpart P, or subpart T must be made in writing and kept at the State. 40 CFR 142.14( a)( 4)( ii) Varies Records of any decision to allow a PWS to substitute a turbidity limit, sample at alternate locations, use continuous monitoring ( for unfiltered systems), or reduce sampling or reporting. 40 CFR 142.14( a)( 4)( ii)( A)( 1) through ( 5),( 7),( 8) 40 years or until 1 year after the decision is reversed or revised Records of any decision that a violation of the total coliform MCL was not caused by a deficiency in treatment of the source water. 40 CFR 142.14( a)( 4)( ii)( B)( 3) One year after the decision is made Records of any decision that total coliform monitoring otherwise required because the turbidity of the source water exceeds 1 NTU is not feasible, except that if such decision allows a system to avoid monitoring without receiving State approval in each instance. 40 CFR 142.14( a)( 4)( ii)( B)( 4) One year after the decision is made Records of any decision that a public water system's watershed control program meets the requirements of 141.71( b)( 2). 40 CFR 142.14( a)( 4)( ii)( C)( 3) Until the next decision is available and filed Records of any decision that an individual is a qualified operator for a PWS using a surface water source or a ground water source under the direct influence of surface water 40 CFR 142.14( a)( 4)( ii)( C)( 4) Until the qualification is withdrawn Records of any decision that a party other than the State is approved by the State to conduct on site inspections. 40 CFR 142.14( a)( 4)( ii)( C)( 5) Until the decision is withdrawn Records of any decision that an unfiltered PWS has been identified as the source of a waterborne disease outbreak, and, if applicable, that it has been modified sufficiently to prevent another such occurrence. A copy of the decision must be provided to the system. 40 CFR 142.14( a)( 4)( ii)( C)( 6) Until filtration treatment is installed Records of any decision that certain interim disinfection requirements are necessary for an unfiltered PWS for which the State has determined that filtration is necessary, and a list of those requirements. A copy of the requirements must be provided to the system. 40 CFR 142.14( a)( 4)( ii)( C)( 7) Until filtration treatment is installed Records of any decision that automatic shut off of delivery of water to the distribution system of an unfiltered PWS would cause an unreasonable risk 40 CFR 142.14( a)( 4)( ii)( C)( 8) Until rescinded Microbial Rules ICR November 2004 Requirement Regulatory Citation Minimum Frequency/ Retention Period 23 to health or interfere with fire protection.

Records of any decision that a PWS may use alternative filtration technology because they consistently achieve 99.9 percent removal and/ or inactivation of Giardia lamblia cysts and 99.99 percent removal and/ or inactivation of viruses, A copy of the decision must be provided to the PWS. 40 CFR 142.14( a)( 4)( ii)( C)( 11) Until the decision is reversed or revised Records of any decision that a system using either preformed chloramines or chloramines formed by the addition of ammonia prior to the addition of chlorine has demonstrated that 99.99 percent removal and/ or inactivation of viruses has been achieved at particular CT values, and a list of those values. A copy of the list of required values must be provided to the system. 40 CFR 142.14( a)( 4)( ii)( C) ( 12) Until the decision is reversed or revised Records of any decision that a system using a ground water source is under the direct influence of surface water. 40 CFR 142.14( a)( 4)( ii)( C)( 14) 40 years Records of any determination that a PWS supplied by a surface water source or a ground water source under the direct influence of surface water is not required to provide filtration treatment. A copy of the determination must be provided to the system. 40 CFR 142.14( a)( 4)( ii)( C)( 14)( iii) 40 years or until withdrawn, whichever is earlier Records of analysis for other than microbiological contaminants ( including total coliform, fecal coliform, and heterotrophic plate count), residual disinfectant concentration, other parameters necessary to determine disinfection effectiveness. 40 CFR 142.14( a)( 6) 12 years Special Primacy Requirements An application for approval of a State program revision that adopts 40 CFR part 141, subpart H Filtration and Disinfection. 40 CFR 142.16( b) One time TCR Reporting Reports to the Administrator containing a list of PWSs that the State is allowing to monitor less frequently than once per month for community water systems ( CWSs) or less frequently than once per quarter for non community water systems ( NCWSs). 40 CFR 142.15( c)( 2) One time; update as needed Recordkeeping Microbial Rules ICR November 2004 Requirement Regulatory Citation Minimum Frequency/ Retention Period 24 Records of microbiological analyses. 40 CFR 142.14( a)( 1) 1 year Records of microbiological analyses of repeat or special samples. 40 CFR 142.14( a)( 2) 1 year Records of any decision to waive the 24 hour time limit for collecting repeat samples after a total coliform positive routine sample. 40 CFR 142.14( a)( 5)( i)( A) 5 years Records of any decision to allow a system to waive the requirement for five routine samples the month following a total coliform positive sample. 40 CFR 142.14( a)( 5)( i)( B) 5 years Records of any decision to invalidate a total coliform positive sample. 40 CFR 142.14( a)( 5)( i)( C) 5 years Records of any decision to reduce the total coliform monitoring frequency for certain CWSs to less than once per month. A copy of the reduced frequency must be provided to the system. 40 CFR 142.14( a)( 5)( ii)( A) Retain in such a manner that a system's current status may be determined Records of any decision to reduce the total coliform monitoring frequency for certain NCWSs to less than once per quarter. A copy of the reduced frequency must be provided to the system. 40 CFR 142.14( a)( 5)( ii)( B) Retain in such a manner that a system's current status may be determined Records of any decision to reduce the total coliform monitoring frequency for certain NCWSs during any month the system serves 1,000 persons or fewer. A copy of the reduced frequency must be provided to the system. 40 CFR 142.14( a)( 5)( ii)( C) Retain in such a manner that a system's current status may be determined Records of any decision to waive the 24 hour limit for taking a total coliform sample for PWSs that do not practice filtration in accordance with part 141, subpart H, and that measure a source water turbidity level exceeding 1 NTU near the first service connection. 40 CFR 142.14( a)( 5)( ii)( D) Retain in such a manner that a system's current status may be determined Records of any decision that certain NCWSs may reduce the frequency of their sanitary survey to less than once every five years and what that frequency is. A copy of the reduced frequency must be provided to the system. 40 CFR 142.14( a)( 5)( ii)( E) Retain in such a manner that a system's current status may be determined A list of agents other than the State, if any, approved by the State to conduct sanitary surveys. 40 CFR 142.14( a)( 5)( ii)( F) Retain in such a manner that a system's current status may be determined Records of any decision to allow a PWS to forgo fecal coliform or E. coli testing on a total coliform positive sample if that system assumes that the total coliform positive sample is fecal coliform positive or E. coli positive. 40 CFR 142.14( a)( 5)( ii)( G) Retain in such a manner that a system's current status may be determined Microbial Rules ICR November 2004 Requirement Regulatory Citation Minimum Frequency/ Retention Period 25 Special Primacy Requirements An application for approval of a State program revision that adopts the requirements of the national primary drinking water regulation for total coliforms. 40 CFR 142.16( c) One time IESWTR Reporting A list of subpart H systems that have had a sanitary survey completed during the previous year and an annual evaluation of the State's program for conducting sanitary surveys. 40 CFR 142.15( c)( 5) Annually Recordkeeping Records of microbiological analyses. 40 CFR 142.14( a)( 1) 1 year Records of microbiological analyses of repeat or special samples. 40 CFR 142.14( a)( 2) 1 year Records of turbidity measurements. 40 CFR 142.14( a)( 3) 1 year Records of decisions made on a system by system and case by case basis under provisions of part 141, subpart H, subpart P, or subpart T. 40 CFR 142.14( a)( 4)( ii) As necessary Records of systems consulting with the State concerning a significant modification to their disinfection practice ( including the status of the consultation). 40 CFR 142.14( a)( 7)( i) As necessary Records of decisions that a system using alternative filtration technologies can consistently achieve a 2 log ( 99 percent) removal of Cryptosporidium oocysts, as well as the required levels of removal and/ or inactivation of Giardia and viruses for systems using alternative filtration technologies. 40 CFR 142.14( a)( 7)( ii) As necessary Records of systems required to conduct a filter selfassessment CPE or composite correction program ( CCP). 40 CFR 142.14( a)( 7)( iii) As necessary Special Primacy Requirements Application describing how the State will implement a sanitary survey program that meets regulatory requirements. 40 CFR 142.16( b)( 3) One time Microbial Rules ICR November 2004 Requirement Regulatory Citation Minimum Frequency/ Retention Period 26 Application for approval of a State program revision that adopts 40 CFR 141, subpart P. 40 CFR 142.16( g) One time FBRR Reporting Subject to general requirements as listed above.

Recordkeeping Records of any decisions made to approve alternate recycle locations, require modifications to recycle return locations, or require modifications to recycle practices. 40 CFR 142.14( a)( 4)( ii)( A)( 9) 40 years Special Primacy Requirements Application for approval of a State program revision that adopts 40 CFR 141.76. 40 CFR 142.16( i) One time LT1ESWTR Reporting Subject to general requirements as listed above.

Recordkeeping Records of turbidity measurements. 40 CFR 142.14( a)( 3) Not less than one year Records of disinfectant residual measurements and other parameters necessary to document disinfection effectiveness. 40 CFR 142.14( a)( 4)( i) Not less than one year Records of decisions made on a system by system and case by case basis under provisions of part 141, subpart H, subpart P, or subpart T. 40 CFR 142.14( a)( 4)( ii) As necessary Records of systems consulting with the State concerning a significant modification to their disinfection practice ( including the status of the consultation). 40 CFR 142.14( a)( 7)( i) As necessary Records of decisions that a system using alternative filtration technologies can consistently achieve a 2 log ( 99 percent) removal of Cryptosporidium oocysts, as well as the required levels of removal and/ or inactivation of Giardia and viruses for systems using alternative filtration technologies. 40 CFR 142.14( a)( 7)( ii) As necessary Records of those systems required to conduct a 40 CFR 142.14( a)( 7)( iii) As necessary Microbial Rules ICR November 2004 Requirement Regulatory Citation Minimum Frequency/ Retention Period 6 Includes all rule components except disinfectant residual monitoring and associated activities, which are included in the DDBP/ Chem/ Rads Rules ICR ( see footnote 3 for more information). All remaining SWTR requirements are included in this Microbial Rules ICR.

27 filter self assessment, CPE or CCP.

Special Primacy Requirements Application for approval of a State program revision that adopts 40 CFR 141, subpart T. 40 CFR 142.16( j) One time 4( b)( i) Data Items 1) Surface Water Treatment Rule6 Provisions of the SWTR require the following data to be collected by PWSs   ° Source water coliform data for unfiltered systems. ° Turbidity data for filtered and unfiltered systems. ° CFE data for filtered systems. ° Annual summaries of watershed control programs for unfiltered systems. ° Annual reports summarizing the results of on site inspections for unfiltered systems. ° A report to the primacy agency within 48 hours following attribution of any waterborne disease outbreak in filtered and unfiltered systems.

In addition, primacy agencies must submit special reports as specified in § 142( 15)( c). These reports include   ° List of PWSs not required to provide filtration. ° List of PWSs not required to analyze for HPC. ° Notification of determination that a PWS is not required to provide filtration.

2) Total Coliform Rule The TCR requires PWSs to collect and report presence or absence of coliform bacteria ( as total coliform) in the distribution system and data on the presence or absence of E. coli or fecal coliform. Primacy agencies must maintain results of sanitary surveys conducted under TCR.

In addition, primacy agencies must submit special reports as specified in § 142( 15)( c) and must maintain records as specified in § 142( 14)( a)( 5). These reports include lists of PWSs that have received permission for reduced monitoring or monitoring waivers and the effective dates of these waivers. Microbial Rules ICR November 2004 28 3) Interim Enhanced Surface Water Treatment Rule EPA must balance the health risks from microbial organisms ( such as Giardia lamblia and Cryptosporidium) against risks from compounds formed during water disinfection. The IESWTR and Stage 1 DBPR, which were promulgated concurrently, address complex and interrelated drinking water issues. The IESWTR requires individual filter monitoring and modifies the turbidity levels specified in the SWTR.

Under IESWTR, PWSs must report the following   ° List of PWSs not required to provide filtration. ° The total number of combined filter effluent ( CFE) turbidity measurements that exceeded their 95th percentile turbidity limit and the number of measurements that exceed their maximum turbidity limit. ° That they have conducted individual filter turbidity monitoring, including the dates, filter number, and turbidities of any measurements that exceed 1.0 NTU. ° Reports of exceptions to turbidity performance for individual filters. ° If a self assessment is required, the system must report the date that it was triggered and the date that it was completed. ° If a CPE is required, the system must report that the CPE is required and the date that it was triggered. ° If a CPE is required, the system must submit a copy of the completed CPE report. ° Results of optional monitoring that show TTHM levels < 0.064 mg/ L and haloacetic acid ( HAA5) levels < 0.048 mg/ L ( only if the system wishes to forgo profiling) or report that disinfection profiling has begun. ° When those systems that are required to develop a disinfection profile plan a significant change in disinfection practice, they must submit the profile, along with an analysis of how the proposed change will affect the current disinfection benchmark to the State for review.

The IESWTR requires PWSs to keep the following records

Individual filter turbidity measurements.

The IESWTR ( in § 142.14) requires primacy agencies to maintain the following items

Records of turbidity measurements for individual filters.

Records of disinfectant residual measurements and other parameters necessary to document disinfection effectiveness.

A list of systems consulting with the State to modify their disinfection practices.

A record of State decisions regarding the use of alternative filtration technologies that have demonstrated 99 percent removal of Cryptosporidium oocysts by specific water systems.

Records of any other system by system and case by case decisions made by the State under provisions of Section 414, subpart H or subpart P or subpart T. Microbial Rules ICR November 2004 7 Subpart H systems include all PWSs using surface water or ground water under the direct influence of surface water ( GWUDI) as a source ( 40 CFR § 141.2).

29

Records of those systems required to perform filter self assessments, CPE, or CCP.

Additionally, the primacy agency must report the following ( per § 142.15)

Subpart H7 systems that have had a sanitary survey in the last year.

Evaluation of the State's program for conducting sanitary surveys for all Subpart H systems.

4) Filter Backwash Recycling Rule Under the FBRR, PWSs must record and report the following

Recycle notification, which includes plant schematic, recycle flow, and plant flow.

List of all recycle flows and the frequency with which they are returned.

Average and maximum backwash flow rates through the filters.

Average and maximum duration of the filter backwash process.

Typical filter run length and a written summary of how filter run length is determined.

Type of treatment provided for the recycle flow.

Data on the physical dimensions of the equalization and/ or treatment units, typical and maximum hydraulic loading rates, type of treatment chemicals used, average dose of treatment chemicals, frequency of treatment chemical use, and frequency at which solids are removed, if applicable.

Primacy agencies must maintain records of decisions regarding alternate recycle locations at PWSs.

5) Long Term 1 Enhanced Surface Water Treatment Rule Currently, States are subject to the general reporting requirements under 40 CFR, Section 142.15. There are no additional requirements under this rule.

The additional State recordkeeping requirements under LT1ESWTR include   ° Records of turbidity measurements for individual filters. ° Records of disinfectant residual measurements and other parameters necessary to document disinfection effectiveness. ° A list of systems consulting with the State to modify their disinfection practices. ° A record of State decisions regarding the use of alternative filtration technologies that have demonstrated 99 percent removal of Cryptosporidium oocysts by specific water systems. Microbial Rules ICR November 2004 30 ° Records of any other system by system and case by case decisions made by the State under provisions of Section 414, subpart H or subpart P or subpart T. ° Records of those systems required to perform filter self assessments, CPE, or CCP.

Under LT1ESWTR, PWSs must report the following   ° The total number of CFE turbidity measurements that exceeded their 95th percentile turbidity limit and the number of measurements that exceed their maximum turbidity limit. ° That they have conducted individual filter turbidity monitoring, including the dates, filter number, and turbidities of any measurements that exceeded 1.0 NTU. If a system exceeds 1.0 NTU in two consecutive measurements the system must include the filter number, date, time, and reason for the exceedance at the end of the month. ° Reports of exceptions to turbidity performance for individual filters. ° If a self assessment is required, the system must report the date that it was triggered and the date that it was completed. ° If a CPE is required, the system must report that the CPE is required and the date that it was triggered. ° If a CPE is required, the system must submit a copy of the completed CPE report. ° Results of optional monitoring that show TTHM levels < 0.064 mg/ L and haloacetic acid ( HAA5) levels < 0.048 mg/ L ( only if the system wishes to forgo profiling) or report that disinfection profiling has begun. ° A description of the proposed change in disinfection, the system's disinfection profile for Giardia lamblia ( and, if necessary, viruses) and disinfection benchmark, and an analysis of how the proposed change will affect the current levels of disinfection.

The PWS recordkeeping requirements under the rule include   ° Records of individual filter turbidity measurements;. ° Records of disinfection profiles. ° Records of benchmarking.

4( b)( ii) Respondent Activities PWSs and primacy agencies must complete the activities described in the sections below.

Public Water Systems In general, each PWS is involved in the following collection activities

Gathering information.

Processing, compiling, and reviewing the information collected.

Submitting reports and other documents. Microbial Rules ICR November 2004 8 Includes all rule components except disinfectant residual monitoring and associated activities, which are included in the DDBP/ Chem/ Rads Rules ICR ( see footnotes 3 and 6 for more information).

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Recording and maintaining the information.

For this ICR, these activities are necessary to complete monitoring, reporting, and recordkeeping requirements associated with microbial contaminant related regulations.

1) Surface Water Treatment Rule8 Requirements for reporting under the SWTR are separated into those for systems that use filtration treatment and those for systems that do not use filtration treatment. The reporting requirements for these types of PWSs are summarized in the paragraphs below.

Unfiltered Systems ° Monitor and report information on the results of source water monitoring for total or fecal coliform and turbidity. ° Submit this information each month that the system is in operation. ° Summarize fecal or total coliform monitoring by including the number of total or fecal coliform samples collected; the values obtained for each measurement; the number of results less than 20/ 100 milliliters ( ml) for fecal coliform or less than 100/ 100 ml for total coliform during the month; the cumulative number of fecal or total coliform results obtained since the start of the six consecutive month compliance period; and the percent of samples less than the respective performance standard for the six month compliance period. ° Summarize turbidity information to include values obtained for each measurement of CFE; the value and date of each measurement that exceeded five NTUs; and when the system informed its customers to boil their water.

Filtered Systems ° Monitor and report to the State on a monthly basis information regarding CFE turbidity. Turbidity reporting requirements vary according to the filtration technology used.

2) Total Coliform Rule PWSs must conduct the following activities to comply with the TCR   ° Collect water samples at specified intervals, as defined in the Federal or State regulations. ° Collect monitoring data on the level of coliform bacteria ( as total coliform) in the distribution system. ° Collect data on the presence or absence of E. coli or fecal coliform, following a positive routine total coliform sample. Microbial Rules ICR November 2004 32 ° Report laboratory results and violations to the State at frequencies required by Federal and State regulations.

3) Interim Enhanced Surface Water Treatment Rule The IESWTR only applies to systems serving at least 10,000 people using surface water or GWUDI; these PWSs are required to do the following   ° Conduct continuous monitoring of individual filter turbidity for each filter in the system. ° Take individual filter turbidimeter readings at the specified intervals. ° Report individual filter turbidity monitoring results to the State at frequencies specified in the Federal and State regulations. ° Report exceptions to the primacy agency in cases where the monitoring shows exceedances of specific turbidity levels. ° Perform a filter profile, filter assessment, or a CPE if warranted. ° Provide a CPE report to the State if necessary.

4) Filter Backwash Recycling Rule The FBRR requires each affected PWS to report recycle practice information to the State and maintain records on recycle flows.

Systems must perform these activities to complete the information collection requirements under this rule, which include monitoring, reporting, and recordkeeping requirements as described below.

° Recycle Return Location. The rule requires all PWSs, regardless of system size, that use conventional or direct filtration, and that recycle spent filter backwash, thickener supernatant, or liquids from dewatering processes to return recycle flows to the point where all steps in the filtration process must be performed or at an alternate location approved by the State.

° Conventional Filtration Report. The rule requires all PWSs that use conventional filtration and recycles regulated streams, regardless of system size, to submit a report of their recycling practices to the State [ 40 CFR, Section 141.76( b)].

° Direct Filtration Report. The rule requires all PWSs that use direct filtration and recycles regulated streams, regardless of system size, to submit a report of their recycling practices to the State [ 40 CFR, Section 141.76( b)].

° Recordkeeping. The rule requires all PWSs to collect and retain on file recycle flow information for review and evaluation by the State beginning June 8, 2004. The recycle flow information must include a list of all recycle flows and the frequency with which they are returned; average and maximum backwash flow rate through the filters and the average and maximum durations of the filter backwash Microbial Rules ICR November 2004 33 process in minutes; typical filter run length and a written summary of how filter run length is determined; the type of treatment provided for the recycle flow; and data on the physical dimensions of the equalization and/ or treatment units, typical and maximum hydraulic loading rates, type of treatment chemicals used and average dose and frequency of use, and frequency at which solids are removed, if applicable [ 40 CFR, Section 141.76( d)].

5) Long Term 1 Enhanced Surface Water Treatment Rule Under the LT1ESWTR, PWSs are required to do the following   ° Conduct continuous monitoring of individual filter turbidity for each filter in the system. ° Take individual filter turbidimeter readings at the specified intervals. ° Report individual filter turbidity monitoring results to the State at frequencies specified in the Federal and State regulations. ° Report exceptions to the primacy agency in cases where the monitoring shows exceedances of specific turbidity levels. ° Perform a filter profile, filter assessment, or a CPE if warranted. ° Provide a CPE report to the State if necessary. ° Develop a disinfection profile, if necessary. ° Develop a disinfection benchmark, if necessary. ° Consult with the State before making significant changes to disinfection practices.

Primacy Agencies In general, primacy agencies conduct the following activities with regard to reporting and recordkeeping   ° Maintain an inventory of PWSs. ° Compile results of analyses of drinking water samples. ° Analyze and review PWS data. ° Make determinations concerning PWSs. ° Track PWS compliance. ° List systems not in compliance with drinking water standards. ° Recordkeeping such as maintaining State approval of plans and specifications, enforcement activities, and variances and exemptions for each PWS.

By conducting these activities, primacy agencies are able to evaluate PWS performance and to identify PWS needs and problem areas. They also identify enforcement targets and systems requiring remedial action. In addition, States serve as respondents when reporting compliance data to the Federal government. Some of these activities are covered in the PWSS Program ICR as general primacy activities. Therefore, only microbial contaminant specific recordkeeping activities have been included in this Microbial Rules ICR. Microbial Rules ICR November 2004 34 1) Surface Water Treatment Rule The SWTR states that primacy agencies must conduct the following   ° Collect and maintain information submitted by PWSs. ° Record which systems using surface water are required to provide filtration and which are not. These records must be kept indefinitely. ° Submit a special report to the EPA Administrator listing PWSs that are not required to filter. ° Retain the results of microbiological contaminant analyses of source water samples in the same manner as other microbiological contaminant analytical results.

2) Total Coliform Rule Primacy agencies are required by the TCR to conduct the following activities   ° Analyze monitoring results and identify systems not in compliance with either MCLs ( or performance criteria) or monitoring and reporting frequencies. ° Provide in writing permission for reduced monitoring or monitoring waivers; maintain for five years. ° Submit to the EPA Administrator a special report that lists PWSs that have received permission to reduce monitoring requirements. ° Collect and maintain data regarding the results of sanitary surveys conducted under the TCR.

3) Interim Enhanced Surface Water Treatment Rule Primacy agencies are required to maintain records of State verification activities and each determination made and to report to EPA in accordance with State reporting requirements. In addition, primacy agencies ensure that PWSs are implementing IESWTR properly. To meet these responsibilities, States are involved in the following additional activities

Conducting CPEs for PWSs.

Conducting sanitary surveys.

Consulting with PWSs on changes in disinfection practice.

Conducting follow up inspections.

4) Filter Backwash Recycling Rule For the FBRR, primacy agencies incur a recordkeeping requirement for maintaining data submitted by conventional and direct filtration PWSs that recycle. Primacy agencies must also maintain written approval for all PWSs with alternate recycle locations. Microbial Rules ICR November 2004 35 Primacy agencies will ensure that PWSs are implementing the FBRR properly. To meet these responsibilities successfully, EPA anticipates that States will engage in the following additional activities

Consulting with PWSs on changes in recycling practices.

Conducting follow up inspections.

5) Long Term 1 Enhanced Surface Water Treatment Rule Primacy agencies have the responsibility for ensuring the implementation of the LT1ESWTR ( 40 CFR, Section 142.16). To successfully meet their responsibilities, EPA anticipates that States will be involved in the following activities   ° Consulting with PWSs on changes in disinfection practice. ° Conducting CPEs for PWSs ( if requested). ° Conducting follow up inspections. Microbial Rules ICR November 2004 36 5 INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities As part of its supervisory responsibility, EPA maintains SDWIS and evaluates SDWIS data to determine system compliance. Agency personnel also reformat, distribute, and store these data for a number of uses, including responding to Congressional and public inquiries. EPA also oversees its Regional and State programs, provides technical assistance, and develops policies designed to ensure consistent program implementation. EPA officials serve as respondents when testifying to Congress on the PWSS Program or in the courts for enforcement actions.

EPA's requirements are outlined in Exhibit 4 below. Burden and costs for these activities are addressed in the PWSS Program ICR ( OMB No. 2040 0090). Section 5( a) of the PWSS Program ICR contains additional detail regarding the activities supported by the collection of SDWIS data described above.

In addition to these activities, the Agency will also assume the activities performed by the State in those States and territories that do not have primacy. Specifically, the Agency will be involved in the following activities related to microbial contaminant regulationsC $ Mobilization, planning, and implementation.

$ Training PWS and consultant staff.

$ Analyzing and reviewing PWS data.

$ Making determinations concerning PWSs.

$ Conducting CPEs and sanitary surveys.

$ Meeting with PWSs about changes in recycling practices.

$ Compliance tracking.

$ Recordkeeping.

Burden and costs for these activities are accounted for under the primacy agency burden ( see Section 6). Microbial Rules ICR November 2004 37 Exhibit 4 EPA Requirements Requirement Regulatory Citation Frequency General Requirements ( apply to all regulations)

For States and other entities for which the Agency maintains primacy, the Agency must maintain the records and perform the reporting activities required of States. 40 CFR 142.14 and 142.15 As necessary Review State request for approval of a program revision and notify State of determination regarding request. 40 CFR 142.12( d)( 3) One time, as necessary SWTR Publish a notice of any proposed comprehensive review of State decisions to determine if PWSs must provide filtration. 40 CFR 142.80( b) As necessary Notify each State affected by the results of a comprehensive review. 40 CFR 142.80( c) As reviews are completed Make the results of comprehensive reviews available to the public. 40 CFR 142.80( c) As reviews are completed Notify the State if periodic reviews or other available information indicate that the State has abused its discretion in applying the criteria for avoiding filtration or that the State has failed to prescribe compliance schedules for PWSs that must provide filtration. 40 CFR 142.81( a) As necessary Notify the State that a public hearing will be held on the notice provisions. 40 CFR 142.81( b) As necessary Publish a notice of the public hearing in the Federal Register and in a newspaper of general circulation in the involved State. 40 CFR 142.81( c) As necessary TCR Subject to general requirements as listed above.

IESWTR Publish a notice of any proposed comprehensive review of State decisions to determine if PWSs must provide filtration. 40 CFR 142.80( b) As necessary Notify each State affected by the results of a comprehensive review. 40 CFR 142.80( c) As reviews are completed Make the results of comprehensive reviews available to the public. 40 CFR 142.80( c) As reviews are completed Microbial Rules ICR November 2004 Requirement Regulatory Citation Frequency 38 Notify the State if periodic reviews or other available information indicate that the State has abused its discretion in applying the criteria for avoiding filtration or that the State has failed to prescribe compliance schedules for PWSs that must provide filtration. 40 CFR 142.81( a) As necessary Notify the State that a public hearing will be held on the notice provisions. 40 CFR 142.81( b) As necessary Publish a notice of the public hearing in the Federal Register and in a newspaper of general circulation in the involved State. 40 CFR 142.81( c) As necessary FBRR Subject to general requirements as listed above.

LT1ESWTR Publish a notice of any proposed comprehensive review of State decisions to determine if PWSs must provide filtration. 40 CFR 142.80( b) As necessary Notify each State affected by the results of a comprehensive review. 40 CFR 142.80( c) As reviews are completed Make the results of comprehensive reviews available to the public. 40 CFR 142.80( c) As reviews are completed Notify the State if periodic reviews or other available information indicate that the State has abused its discretion in applying the criteria for avoiding filtration or that the State has failed to prescribe compliance schedules for PWSs that must provide filtration. 40 CFR 142.81( a) As necessary Notify the State that a public hearing will be held on the notice provisions. 40 CFR 142.81( b) As necessary Publish a notice of the public hearing in the Federal Register and in a newspaper of general circulation in the involved State. 40 CFR 142.81( c) As necessary 5( b) Collection Methodology and Management Primacy agencies must report data to EPA on a quarterly basis. These data include any new data and revisions or corrections to existing data. This information is maintained in SDWIS, which contains the followingC $ Inventory data for each PWS $ Violations Microbial Rules ICR November 2004 9 These definitions were taken from § 601 of the Regulatory Flexibility Act.

39 $ Enforcement actions and some follow up activity $ Variances and exemptions Primacy agencies transmit SDWIS data to EPA both manually and electronically. In the District of Columbia, Wyoming, and Indian Lands ( except for the Navajo Nation, which has primacy), results of system samples are sent directly to the EPA Region. Virtually all SDWIS data are reported electronically by the primacy agency.

SDWIS data support a number of rule implementation and program management activities, which include the followingC

Tracking the status of PWSs that are in significant non compliance ( SNC). This information is provided to the Office of Enforcement and Compliance Assurance, as part of the Reporting for Enforcement and Compliance Assurance Priorities. These data provide senior management with information on trends in drinking water enforcement.

Supporting data verification. EPA Regions undertake an extensive review of SDWIS dataCthe primary purposes of which is to assess the quality of data and recommend any necessary changes in collection or reporting methodologies.

$ Promoting consistent national program implementation. The process of data verification provides insights into the primacy agency's interpretation of regulations. Such information supports fair and consistent SDWA implementation and enforcement.

All costs for rule related data management activities are addressed in the PWSS Program ICR ( OMB No. 2040 0090). Section 5( b) of the PWSS Program ICR contains additional detail regarding the activities supported by the collection of SDWIS data described above.

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

A small business is any business that is independently owned and operated and not dominant in its field as defined by the Small Business Administration regulations under Section 3 of the Small Business Act.

A small organization is any non profit enterprise that is independently owned and operated and not dominant in its field. Microbial Rules ICR November 2004 40

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

The major requirement under SBREFA is a regulatory flexibility analysis ( RFA) of all rules that have a " significant economic impact on a substantial number of small entities." Since this ICR is not currently associated with new rules, it is not currently subject to the SBREFA.

Throughout the 1992   1993 negotiated rulemaking process for the Stage 1 DBPR and the IESWTR and the July 1994 proposals for these rules, a small PWS was defined as a system serving fewer than 10,000 people. This definition reflects the original 1979 standard for TTHMs, which applied only to systems serving at least 10,000 people. The definition thus recognizes that the baseline conditions from which systems serving fewer than 10,000 people would approach disinfection byproduct control and simultaneous control of microbial pathogens would be different than those for systems serving 10,000 or more people. Consistent with the 1994 proposals, EPA is continuing to define a " small system" ( for the purposes of the microbial contaminant regulations) as a PWS that serves fewer than 10,000 people. Subsequent to the 1994 proposals, EPA defined a " small business" ( for purposes of RFAs in drinking water regulations) as a PWS serving 10,000 or fewer people. This definition is consistent with the approach used herein and in the 1996 Congressional amendments to SDWA.

EPA has made significant efforts to minimize the burden for all respondents, particularly for small entities. In setting both MCLs and monitoring requirements, EPA has been able to minimize burden for small entities as detailed below.

1) Surface Water Treatment Rule Only a small percentage of small systems use surface water supplies; therefore, this rule does not have a significant economic impact on a substantial number of small entities. Since system size is the key determinant of the monitoring frequency requirements of the SWTR, systems serving fewer than 3,300 people will have the least stringent monitoring requirements.

EPA will allow a reduction in the frequency of turbidity monitoring from six samples per day to one sample per day for systems using slow sand filtration treatment or other eligible technologies. Systems serving fewer than 500 people may also reduce sampling to once per day regardless of filtration type.

2) Total Coliform Rule The number of required coliform samples varies directly with system size. Specifically, for community water systems ( CWSs), the number of samples range from a minimum of one sample per month for systems serving fewer than 1,000 people to 480 samples per month for those serving 3,960,001 or more people. This requirement is codified at 40 CFR § 141.21( a). Generally, quarterly monitoring must be conducted at noncommunity water systems ( NCWSs) Microbial Rules ICR November 2004 41 using only ground water that is not under the direct influence of surface water and serving 1,000 or fewer people. As provided for in § 141.21( a)( 3)( i), however, the primacy agency may reduce the quarterly monitoring frequency as a result of a sanitary survey.

3) Interim Enhanced Surface Water Treatment Rule Except for sanitary survey requirements, which are carried out by the primacy agency, the IESWTR only applies to systems serving at least 10,000 people. Accordingly, the rule does not have a significant impact on small entities.

4) Filter Backwash Recycling Rule The FBRR applies to both large and small systems. Therefore, the rule will have an effect on small entities. Accordingly, as part of the economic analysis for the rule, EPA is certifying that this rule will not have a significant impact on a substantial number of small systems. As a result, an RFA was not required to be conducted.

5) Long Term 1 Enhanced Surface Water Treatment Rule The LT1ESWTR applies only to subpart H systems serving less than 10,000 people. The rule will, therefore, have an effect on small entities. After considering the economic impacts of the rule on small entities, EPA certifies that this action will not have a significant economic impact on a substantial number of small entities. This certification can be made because the Agency has determined that less than one percent of small entities will experience an impact of less than one percent of their annual revenues or expenditures. No affected small governmental jurisdictions are expected to incur annual costs exceeding three percent of their annual revenue. Accordingly, an Initial Regulatory Flexibility Analysis was not required to be conducted.

5( d) Collection Schedule The collection schedules for each rule are summarized below. Additional information may be obtained by consulting the individual rules for specific collection schedules.

Exhibit 5 Collection Schedule Rule Collection Commencement Year SWTR 1990/ 1993 ( depending on filtration status)

TCR 1991   coliform monitoring 1994   sanitary surveys Microbial Rules ICR November 2004 Exhibit 5 Collection Schedule 42 IESWTR 2002  turbidity monitoring 2002/ 2004  sanitary surveys ( depending on size and source type)

FBRR 2004 LT1ESWTR 2002   uncovered finished reservoir construction 2003   optional TTHM and HAA5 disinfection benchmark applicability monitoring complete 2004   disinfection profiling and benchmark completed ( for all system sizes) 2005   turbidity monitoring 2005   exceptions reporting Microbial Rules ICR November 2004 10 Includes all rule components except disinfectant residual monitoring and associated activities, which are included in the DDBP/ Chem/ Rads Rules ICR ( see footnotes 3 and 6 for more information).

11 The State Workload Model is a spreadsheet model used by States/ Primacy Agencies to estimate resource needs for implementation of drinking water regulations.

12 The most recent frozen SDWIS database pull is from December 31, 2003.

43 6 ESTIMATING BURDEN AND COST OF COLLECTION This section estimates the burden and cost to PWSs and primacy agencies for complying with drinking water information requirements associated with microbial contaminant rulemakings. These include the following   14) Surface Water Treatment Rule10 15) Total Coliform Rule 16) Interim Enhanced Surface Water Treatment Rule 17) Filter Backwash Recycling Rule 18) Long Term 1 Enhanced Surface Water Treatment Rule This ICR updates the annual burdens and costs associated with these rulemakings for the three year ICR period 2005 through 2007. This section also discusses the assumptions used to estimate cost and burden and describes the change in annual burden, as compared with the current OMB annual burden inventory.

EPA is committed to accurately characterizing the burden and costs of rules it promulgates. Consequently, EPA has refined some of the assumptions for calculating the burden and costs associated with implementing the drinking water regulations contained in this ICR. For this update, many assumptions were revised based on program changes and well documented changes in some data. To provide a comparable basis on which to calculate the requirements addressed by the Microbial Rules ICR, EPA applied uniform assumptions to all rules. The categories of assumptions are listed below.

$ Labor ratesCfor PWSs, a mean hourly rate of $ 17.09 with an overhead rate of 60 percent from the Bureau of Labor Statistics Standard Occupational Classification ( SOC) Code 51 8031, " Local GovernmentCWater and Liquid Waste Treatment Plant and System Operators"; for States, the hourly rate from the most recent State Workload Model. 11 $ PWS inventory figures from the most recent frozen SDWIS database pull. 12 $ Number of entry pointsCderived from the 1993 Association of State Drinking Water Administrators survey ( surface water) and 1995 Community Water System Survey ( CWSS) ( ground water).

$ Number of plantsCdata from the 1995 Community Water System Survey. Microbial Rules ICR November 2004 44 6( a) Respondent Burden 6( a)( i) Burden to Public Water Systems The annual PWS burden for years 2005 through 2007 is estimated to be approximately 6.87 million hours. Exhibit 6 ( after Section 6( b)) shows the breakdown of the annual burden hours on a rule specific basis. Wherever possible, activity level burden assumptions were carried forward from previous ICRs. However, if updated data were available ( e. g., system inventories), the most recent data were used in burden calculations. Appendices B through F show the assumptions and detailed burden calculations for each rule. The following further describes the bases for the burden estimates for each rule.

1) Surface Water Treatment Rule Activities associated with the SWTR account for 0.33 million annual burden hours. The assumptions used to calculate the SWTR burden are based largely on assumptions carried forward from the 2001 Microbial Rules ICR. This ICR includes burden estimates for all components of the SWTR except disinfectant residual monitoring and associated activities, which are included in the DDBP/ Chem/ Rads Rules ICR. For unfiltered systems, burden estimates include raw water sampling for coliform, on site inspections, watershed management, and raw water turbidity monitoring. The burden for filtered systems includes only finished water turbidity monitoring. Section 6( f) describes the reasons for changes between the burden reported in the 2001 Microbial Rules ICR and this ICR. Detailed burden and cost calculations for the SWTR are provided in Appendix B.

2) Total Coliform Rule Activities associated with the TCR account for a burden of 2.34 million hours per year. The burden estimates include routine total coliform monitoring and repeat sampling for E. coli or fecal coliform. The assumptions used to calculate the TCR burden are based largely on assumptions carried forward from the 2001 Microbial Rules ICR. Section 6( f) describes the reasons for changes between the burden reported in the 2001 Microbial Rules ICR and this ICR. Appendix C summarizes the assumptions used to calculate the TCR burden and provides the detailed burden and cost calculations.

3) Interim Enhanced Surface Water Treatment Rule Total annual burden for PWSs for the IESWTR is estimated to be 3.89 million hours. Included in this burden is individual filter turbidity monitoring, turbidity exceptions reporting, and conducting IFAs. Activity level burden assumptions for this ICR were carried forward from the 2001 Microbial Rules ICR. Reasons for changes in burden between the 2001 Microbial Rules ICR and this ICR are summarized in Section 6( f). Detailed information about assumptions, burden, and calculations are provided in Appendix D. Microbial Rules ICR November 2004 45 4) Filter Backwash Recycling Rule Activities associated with the FBRR account for a burden of 586 hours per year. The burden estimates include submitting alternate recycle return location requests to the state, consultation with the state, and recordkeeping. The assumptions used to calculate the FBRR burden are based largely on the assumptions and burden estimates from the Information Collection Request for the Filter Backwash Recycling Rule ( OMB No. 2040 0224). Section 6( f) describes the reasons for changes between the burden reported in the FBRR ICR and this ICR. Appendix E summarizes the assumptions used to calculate the FBRR burden and provides the detailed burden and cost calculations.

5) Long Term 1 Enhanced Surface Water Treatment Rule Activities associated with the LT1ESWTR account for a burden of 0.31 million hours per year. The burden estimates for PWSs include turbidity exceptions reporting. In addition, the burden estimates for PWSs serving 500 people or fewer include disinfection benchmarking, and the burden estimates for PWSs serving 10,000 people or fewer also include turbidity monitoring. The assumptions used to calculate the LT1ESWTR burden are based largely on the assumptions and burden estimates from the Information Collection Request for the Long Term 1 Enhanced Surface Water Treatment Rule ( OMB No. 2040 0229). Section 6( f) describes the reasons for changes between the burden reported in the LT1ESWTR ICR and this ICR. Appendix F summarizes the assumptions used to calculate the LT1ESWTR burden and provides the detailed burden and cost calculations.

6( a)( ii) Burden to Primacy Agencies The annual burden for primacy agencies for years 2005 through 2007 is estimated to be approximately 1.76 million hours. Exhibit 7 ( at the end of Section 6( b)) shows the annual burden hours on a rule specific basis. Many other primacy agency activities, such as compliance assurance and data management, cannot be divided among specific rules and are included in the PWSS Program ICR as general primacy activities. The bases for burden estimates included in this ICR are detailed below.

1) Surface Water Treatment Rule The annual State burden for the SWTR is expected to be 0.09 million hours. All of this burden is associated with review of finished water turbidity monitoring results. Estimates for primacy agency burden for the SWTR are based on State Workload Model Assumptions carried forward from the 2001 Microbial Rules ICR. Detailed calculations for burden and cost are shown in Appendix B.

2) Total Coliform Rule For primacy agencies, the annual burden associated with the TCR is estimated to be approximately 0.79 million hours. This reflects burden to monitor TCR related activities and to conduct sanitary surveys on systems serving fewer than 4,100 people. Estimates for primacy Microbial Rules ICR November 2004 46 agency burden for the TCR are based on State Workload Model Assumptions carried forward from the 2001 Microbial Rules ICR. Appendix C shows detailed burden and cost calculations.

3) Interim Enhanced Surface Water Treatment Rule Primacy agencies are expected to expend 0.62 million annual burden hours implementing requirements of the IESWTR. The assumptions used to calculate the IESWTR burden are based largely on assumptions carried forward from the 2001 Microbial Rules ICR. The burden includes estimates for review of turbidity monitoring results and exceptions reports. Additionally, States conduct CPEs and sanitary surveys for all surface water systems. Detailed cost and burden calculations are included in Appendix D.

4) Filter Backwash Recycling Rule The annual State burden for the FBRR is expected to be 363 hours. The assumptions used to calculate the FBRR burden are based largely on assumptions carried forward from the FBRR ICR. The burden includes estimates for review of alternate recycle return location requests, recordkeeping, review of conventional filtration reports, and review of direct filtration reports. Detailed calculations for burden and cost are shown in Appendix E.

5) Long Term 1 Enhanced Surface Water Treatment Rule The annual State burden for the LT1ESWTR is expected to be 0.25 million hours. The assumptions used to calculate the LT1ESWTR burden are based largely on assumptions carried forward from the LT1ESWTR ICR. The burden includes estimates for reviewing disinfection profiling and disinfection benchmarking results, compliance tracking, and review of turbidity monitoring and turbidity exceptions reports. Additionally, States conduct CPEs for all surface water systems. Detailed calculations for burden and cost are shown in Appendix F.

6( b) Respondent Costs 6( b)( i) Cost to Public Water Systems Exhibit 6 shows the annual costs for PWSs over the three year ICR period. Annual costs are estimated at approximately $ 284.7 million, which consists of $ 187.7 million in labor costs, $ 74.1 million in O& M costs, and $ 22.8 million in capital costs.

PWS labor costs are based on the number of burden hours times the average hourly wage rate, including overhead. The average hourly wage rate is the rate quoted by the Bureau of Labor Statistics for SOC Code 51 8031, " Local Government   Water and Liquid Waste Treatment Plant and System Operators." The quoted rate was $ 16.64 in 2002 dollars ( see http:// stats. bls. gov). For consistency, this rate has been inflated to September 2003 dollars using the Employment Cost Index. The inflated rate is $ 17.09. In addition, 60 percent overhead was assumed, bringing the loaded rate to $ 27.34 in September 2003 dollars.

In addition to the labor costs, there are O& M costs associated with the SWTR, TCR, IESWTR, and LT1ESWTR. For the SWTR, these O& M costs reflect non labor costs associated Microbial Rules ICR November 2004 13 According to the ICR Handbook, an employee works an average of 2,080 hours in one year.

47 with coliform analyses ( unfiltered systems) and turbidity analyses ( unfiltered and filtered systems). Coliform analysis O& M costs are based on analysis costs as listed in the 1996 Information Collection Rule ICR and updated for inflation. Turbidity analysis O& M costs are based on vendor quotes regarding calibration materials needed to perform turbidity analyses. TCR O& M costs reflect non labor costs associated with coliform and E. coli analysis. These analysis O& M costs are also based on the 1996 Information Collection Rule ICR and updated for inflation. IESWTR O& M costs reflect non labor costs associated with turbidity analysis for individual filters. For the IESWTR, turbidity analysis costs are based on O& M cost equations for operating an integrated Supervisory Control and Data Acquisition ( SCADA) system. These cost equations are carried forward from the IESWTR Regulatory Impact Analysis ( RIA). LT1ESWTR O& M costs reflect non labor costs associated with turbidity analysis for individual filters.

The SWTR, IESWTR, and LT1ESWTR also include capital costs for turbidity monitoring equipment. For these rules, capital costs are estimated based on vendor estimates and costing equations for in line and bench top turbidimeters, or SCADA systems needed to comply with turbidity monitoring requirements. Capital costs are annualized based on the replacement period for turbidity analysis equipment ( estimated to be 7 years).

Further detail on the O& M and capital costs for the SWTR, TCR, IESWTR, and LT1ESWTR can be found in Appendices B, C, D, and F respectively.

6( b)( ii) Cost to Primacy Agencies Exhibit 7 shows that the annual costs to primacy agencies are estimated at approximately $ 55.8 million in labor costs. The labor costs are based on an average full time equivalent ( FTE) cost of $ 66,008 including overhead, which equates to approximately $ 31.73 per hour. 13 This rate, which has been inflated to year 2003 dollars, is based on the rate ($ 55,000) suggested by the workgroup that developed the State Workload Model in 1997.

There are no O& M or capital costs for primacy agencies under this ICR. Microbial Rules ICR November 2004 48 Exhibit 6 Annual PWS Burden and Cost 2005 2007 Activity Annual Burden Hours Cost Annual Responses Annual Labor Cost ($ K) Annual O& M Cost ($ K) Annual Capital Cost ($ K) Total Annual Cost ($ K)

SWTR 327,924 $ 8,966 $ 2,106 $ 515 $ 11,587 4,635,229 TCR 2,336,629 $ 63,886 $ 63,955 N/ A $ 127,841 979,084 IESWTR 3,885,791 $ 106,242 $ 2,957 $ 18,171 $ 127,370 3,598,342 FBRR 586 $ 16 N/ A N/ A $ 16 251 LT1ESWTR 314,978 $ 8,612 $ 5,128 $ 4,107 $ 17,847 7,707 TOTAL 6,865,908 $ 187,722 $ 74,146 $ 22,793 $ 284,661 9,220,613 Note: Detail may not add exactly to total due to independent rounding. Microbial Rules ICR November 2004 49 Exhibit 7 Annual Primacy Agency Burden and Cost 2005 2007 Activity Annual Burden Hours Cost Annual Responses Annual Labor Cost ($ K) Annual O& M Cost ($ K) Annual Capital Cost ($ K) Total Annual Cost ($ K)

SWTR 89,385 $ 2,837 N/ A N/ A $ 2,837 18,956 TCR 792,428 $ 25,147 N/ A N/ A $ 25,147 1,950,165 IESWTR 622,805 $ 19,765 N/ A N/ A $ 19,765 64,702 FBRR 363 $ 12 N/ A N/ A $ 12 251 LT1ESWTR 253,976 $ 8,060 N/ A N/ A $ 8,060 8,869 TOTAL 1,758,957 $ 55,820 $ 0 $ 0 $ 55,820 2,042,943 Note: Detail may not add exactly to total due to independent rounding.

6( c) Agency Burden and Costs Burden and costs to the Federal government are incurred by EPA's drinking water program at Headquarters and EPA Regions to assist primacy agencies in implementing drinking water regulations. EPA burden and costs for on going general activities for all EPA drinking water regulations ( not just those listed in this ICR) are accounted for under the PWSS Program ICR. Burden and costs included in the PWSS Program ICR cover all cross cutting ( non rule specific) regulatory activities associated with compliance tracking, regulatory enforcement, and rule development activities. There are no rule specific activities expected for EPA under any of the rules covered by this ICR.

6( d) Estimating Respondent Universe and Total Burden and Costs Respondents for this ICR include PWSs and primacy agencies. This ICR estimates that the number of PWS respondents is 161,217 existing PWSs. All PWSs are not necessarily subject to each of the information collection requirements contained in this ICR. Each rule associated with this ICR identifies the types of PWSs that are subject to that particular requirement. The numbers, by type of PWSs affected for each rule, are identified in the appendices. Microbial Rules ICR November 2004 14 For several of these entities, primacy activities are actually implemented by EPA Regional offices. However, as a simplifying assumption, they are included with the States for respondent calculations under this ICR.

15 This is the " cost burden" reported in the official OMB inventory. Note that primacy agencies do not have capital or O& M costs associated with the Microbial Rules.

50 In addition to the PWS respondents, this ICR assumes 57 primacy agencies ( 50 States plus the District of Columbia, U. S. Territories, and Indian Nations). 14 Therefore, the total number of respondents is 161,274. The total costs and burden for these respondents are summarized in Exhibits 6 and 7.

6( e) Bottom Line Burden Hours and Costs The bottom line burden hours and costs for this ICR are presented in Exhibit 8. The total annual respondent burden associated with this ICR, which includes burden for PWSs and primacy agencies, is estimated to be approximately 8.62 million burden hours. The corresponding total annual respondent costs are estimated to be $ 340.5 million. The annual capital and O& M costs are approximately $ 96.9 million.

Exhibit 8 Bottom Line Annual Burden and Cost 2005 2007 Number of Annual Respondents 161,274 = 161,217 + 57 Existing PWSs Primacy agencies Total Annual Responses 11,263,556 = 9,220,613 + 2,042,943 PWS responses ( see Exhibit 6) Primacy agency responses ( see Exhibit 7)

Number of Responses per Respondent 69.8 = 11,263,556 / 161,274 Total annual responses from above Total number of respondents from above Total Annual Respondent Burden Hours 8,624,865 = 6,865,908 + 1,758,957 PWS hours ( see Exhibit 6) Primacy agency hours ( see Exhibit 7)

Hours per Response 0.77 = 8,624,865 / 11,263,556 Total respondent burden hours from above Total annual responses from above Annual O& M and Capital Cost15 $ 96,939k = $ 74,146k + $ 22,793k Total O& M costs ( see Exhibit 6) Total capital costs ( see Exhibit 6)

Total Annual Respondent Cost $ 340,480k = $ 284,660k + $ 55,820k For PWSs ( see Exhibit 6) For primacy agencies ( see Exhibit 7) Microbial Rules ICR November 2004 51 6( f) Reasons for Change in Burden This section presents the change in burden and explains the reasons for the change in burden. The discussion is divided into two partsC

Section 6( f)( i) summarizes the burden adjustments made ( by addition of new Rules) since the 2001 Microbial Rules ICR ( see Exhibit 10).

Section 6( f)( ii) summarizes burden adjustments to each Rule since the 2001 Microbial Rules ICR ( see Exhibits 11 through 13).

Exhibit 9 summarizes how each of these changes affects the overall burden inventory for the Microbial Rules ICR.

Exhibit 9 Summary of Changes in Annual Burden ( Includes PWS and Primacy Agency Burden)

Type of Change Burden Running Total Comment Burden Estimated in the 2001 Microbial Rules ICR 8,193,200 8,193,200 This burden serves as the baseline for the Microbial Rules ICR.

Restructuring Adjustments   see Section 6( f)( i) 396,692 8,589,892 Microbial Rules ICR inventory based on cumulative OMB inventory for current rulespecific ICRs.

Other Adjustments to Burdens   see Section 6( f)( ii) 34,973 8,624,865 Burden for which EPA seeks approval in this ICR.

6( f)( i) Restructuring Adjustments Several restructuring adjustments have been made to consolidate the burden for each of the regulations being incorporated into the Microbial Rules ICR. These adjustments are discussed below and summarized in Exhibit 10.

Burden associated with the Filter Backwash Recycling Rule. The annual burden estimated in the FBRR ICR was 66,363 hours. This included 60,513 annual burden hours for PWSs and 5,849 annual burden hours for States ( Figure 11 of the 2001 FBRR ICR). These hours were moved to the Microbial Microbial Rules ICR November 2004 52 Rules ICR ( OMB No. 2040 0205) through an Information Correction Worksheet ( ICW) on April 10, 2002.

Burden associated with the Long Term 1 Enhanced Surface Water Treatment Rule. The annual burden estimated in the LT1ESWTR ICR is 330,329 hours. This includes 277,632 annual burden hours for PWSs and 52,697 annual burden hours for States ( Figure 12 of the LT1ESWTR ICR). In order to consolidate microbial contaminant related rules, EPA is requesting that these hours be moved to the Microbial Rules ICR ( OMB No. 2040 0205).

Exhibit 10 Restructuring Adjustments to the Annual Burden Inventory for the Microbial Rules ICR ( Includes PWS and Primacy Agency Burden)

Action Annual Burden Hours Brief Explanation N/ A 8,193,200 Opening inventory from 2001 Microbial Rules ICR carried forward as the baseline for this ICR.

Add 66,363 This represents the current FBRR burden inventory. This inventory was moved from the FBRR ICR ( 2040 0224) and into the Microbial Rules ICR through an ICW.

Add 330,329 This represents the current LT1ESWTR burden inventory. This inventory is being moved from the LT1ESWTR ICR ( 2040 0229) and into the Microbial Rules ICR.

Total 8,589,892 Microbial Rules ICR inventory based on current burden inventories.

6( f)( ii) Other Burden Adjustments The remaining changes in burden are a result of adjustments to individual rule burden calculations. Changes in calculated burden are a result of updating relevant baseline information for each rule or program with the most current and accurate information available ( e. g., PWS inventories). Exhibits 11 and 12 summarize reasons for these changes and quantify the changes, by rule. Burden adjustments associated with PWS activities resulted in a burden decrease of 88,197 hours and are detailed in Exhibit 11. Burden adjustments for primacy agencies result in an increase of 123,170 hours per year, as shown in Exhibit 12. Microbial Rules ICR November 2004 53 Exhibit 11 Adjustments to PWS Burden from Previous ICR Estimates Activity Previous Estimate 2004 Burden Estimate Change in Burden Reason for Change in Burden SWTR 761,516 327,924 ( 433,592) The decrease in burden results from the incorporation of small plants ( SW and GWUDI) monitoring under the LT1ESWTR, and the increase in the number of large plants ( SW and GWUDI) monitoring under IESWTR, which decreased the number of filtered nonpurchased plants ( SW and GWUDI) monitoring under SWTR.

TCR 2,220,329 2,336,629 116,300 The increase in burden results from an increase in violation rates. Violation rates have been updated based on SDWIS data from the FY03Q04 frozen database extracted on December 31, 2003.

IESWTR 3,634,114 3,885,791 251,677 The increase in burden is the result of the increase in filtered non purchased systems and plants ( SW and GWUDI) in the PWS inventory, which increased the number of conventional and direct filtration systems ( SW and GWUDI) and plants ( SW and GWUDI) subject to individual filter turbidity monitoring and exceptions reporting under IESWTR.

FBRR 60,513 586 ( 59,927) The decrease in burden results from the completion of start up activities, conventional filtration reporting, and direct filtration reporting.

LT1ESWTR 277,632 314,978 37,346 The burden increase is driven by three factors: 1) PWSs serving 500 or fewer people will begin disinfection benchmarking; 2) PWSs serving 10,000 or fewer people will begin turbidity monitoring; 3) All PWSs will begin turbidity exceptions reporting. This burden increase is partially offset due to completion of all rule startup activities except benchmarking.

TOTAL 6,954,104 6,865,908 ( 88,197) Adjusted PWS Burden.

Note: Detail may not add exactly to total due to independent rounding. Microbial Rules ICR November 2004 54 Exhibit 12 Adjustments to Primacy Agency Burden from Previous ICR Estimates Activity Previous Estimate 2004 Burden Estimate Change in Burden Reason for Change in Burden SWTR 168,007 89,385 ( 78,622) The decrease in burden results from the incorporation of small plants monitoring under the LT1ESWTR, and the increase in the number of large plants ( SW and GWUDI) monitoring under IESWTR, which decreases the number of filtered non purchased plants ( SW and GWUDI) monitoring under SWTR.

TCR 804,996 792,428 ( 12,568) The decrease in burden is due to the decrease of small systems in the PWS inventory.

IESWTR 604,238 622,805 18,567 The increase in burden is due to the increase in filtered non purchased systems ( SW and GWUDI) in the PWS inventory, which increased the number of conventional and direct filtration systems ( SW and GWUDI) and plants ( SW and GWUDI) subject to individual filter turbidity monitoring and exceptions reporting under IESWTR.

FBRR 5,849 363 ( 5,486) The decrease in burden results from the completion of start up activities, conventional filtration reporting, and direct filtration reporting.

LT1ESWTR 52,697 253,976 201,279 The increase in burden is the result of States beginning turbidity monitoring and turbidity exceptions reporting for systems serving 10,000 or fewer people.

TOTAL 1,635,787 1,758,957 123,170 Adjusted Primacy Agency Burden.

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

Exhibit 13 shows the effects of these adjustments on the bottom line burden. Subtracting 88,197 hours to account for adjustments to PWS burden and adding 123,170 hours to account for adjustments to primacy burden yields 8,624,865 hours. Microbial Rules ICR November 2004 55 Exhibit 13 Adjustments to Annual Burden Carried Forward from Previous ICR Estimates ( Includes PWS and Primacy Agency Burden)

Action Annual Burden Hours Brief Explanation None 8,589,892 Inventory after restructuring adjustments ( see Exhibit 10).

Subtract 88,197 Adjustment to PWS burden carried forward from previous ICRs ( see Exhibit 11).

Add 123,170 Adjustment to primacy agency burden carried forward from previous ICRs ( see Exhibit 12).

Total 8,624,865 Equals hours requested in 2004 Microbial Rules ICR ( see Exhibit 8).

6( g) Burden Statement The public reporting burden for collections included in this ICR is detailed in Exhibit 13 above. The annual respondent burden is estimated to average approximately 8.62 million hours, of which 6.87 million hours are attributable to PWSs and 1.76 million hours to primacy agencies. These estimates include time for gathering information as well as developing and maintaining records.

Burden means the total time, effort, or financial resources expended by people to generate, maintain, retain, disclose, or provide information to or for a Federal agency. This includes the time needed to review instructions; 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 request for information collection unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OW 2004 0008, which is available for public viewing at the Water Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the room is ( 202) 566 1744, and the telephone number for the Water Docket is ( 202) 566 2426. An electronic Microbial Rules ICR November 2004 56 version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, to access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( OW 2004 0008) and the OMB Control No. ( 2040 0205) in any correspondence.