SUPPORTING STATEMENT FOR EPA INFORMATION COLLECTION REQUEST NUMBER 1360.07 " UNDERGROUND STORAGE TANKS: TECHNICAL AND FINANCIAL REQUIREMENTS, AND STATE PROGRAM APPROVAL PROCEDURES"

August 11, 2004 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............................................................... 6 2( a) Need and Authority for the Collection ....................................................................... 6 2( b) Practical Utility and Users of the Data ....................................................................... 7 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA... 8 3( a) Nonduplication.......................................................................................................... 8 3( b) Public Notice............................................................................................................. 8 3( c) Consultations............................................................................................................. 8 3( d) Effects of less Frequent Collection............................................................................. 9 3( e) General Guidelines .................................................................................................... 9 3( f) Confidentiality........................................................................................................... 9 3( g) Sensitive Questions ................................................................................................... 9 4. THE RESPONDENTS AND THE INFORMATION REQUESTED.................................. 9 4( a) Respondents and SIC/ NAICS Codes.......................................................................... 9 4( b) Information Requested............................................................................................. 12 5. THE INFORMATION COLLECTED   AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT........................................ 44 5( a) Agency Activities .................................................................................................... 44 5( b) Collection Methodology and Management............................................................... 45 5( c) Small Entity Flexibility............................................................................................ 45 5( d) Collection Schedule................................................................................................. 45 6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION................. 46 6( a) Estimating Respondent Hours.................................................................................. 46 6( b) Estimating Respondent Costs................................................................................... 46 6( c) Estimating Agency Hour and Cost Burden............................................................... 48 6( d) Estimating the Respondent Universe and Total Hour and Cost Burden .................... 48 6( e) Bottom Line Hour and Cost Burden......................................................................... 69 6( f) Reasons for Change in Burden................................................................................. 70 6( g) Burden Statement .................................................................................................... 70 1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection This Information Collection Request ( ICR) is entitled " Underground Storage Tanks: Technical and Financial Requirements, and State Program Approval Procedures," EPA ICR Number 1360.07.

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

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

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

Program scope and interim prohibition;

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

General operating requirements;

Release detection;

Release reporting, investigation, and confirmation;

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

Out of service UST systems and closure; and

Financial responsibility.

The technical and financial requirements for owners and operators of USTs are found in 40 CFR Part 280. A brief summary of the information collection requirements associated with each UST regulation is provided below. A more specific discussion of the data items and 2 respondent activities associated with each of the information collection requirements is presented in Section 4( b) of this ICR.

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

( b) UST Systems: Design, Construction, Installation, and Notification EPA promulgated the performance standards for new and existing UST systems at 40 CFR Part 280, Subpart B. Sections 280.20( a), ( b), and ( e) and 280.22 prohibit installation of tanks without corrosion protection unless a corrosion expert has determined that the site not to be corrosive enough to cause the UST system to have a release due to corrosion during its operating life. Owners and operators must install systems properly, complete and submit certification information, and provide notification of all new and existing tank systems. Information collection requirements associated with design, construction, and installation are contained in the following 40 CFR sections:

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

Certification of Installation ( § 280.20( e)); and

Notification Requirements ( § 280.22).

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

Operation and Maintenance of Corrosion Protection ( § 280.31);

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

Reporting ( § 280.34( a));

Recordkeeping ( § 280.34( b)); and

Availability and Maintenance of Records ( § 280.34( c)). 3 ( d) Release Detection EPA promulgated release detection standards at 40 CFR Part 280, Subpart D. Owners and operators must demonstrate the effectiveness of alternative detection systems; inspect and test detection systems in accordance with sections 280.43 and 280.44; and maintain records of all sampling, monitoring, testing, and inspections. The information collection requirements associated with release detection are contained in the following 40 CFR sections:

Release Detection for Tanks ( § 280.43);

Release Detection for Piping ( § 280.44); and

Release Detection Recordkeeping ( § 280.45).

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

Reporting of Suspected Releases ( § 280.50); and

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

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

Initial Response ( § 280.61( a));

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

Initial Site Characterization ( § 280.63);

Free Product Removal ( § 280.64);

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

Corrective Action Plan ( § 280.66). 4 ( g) Out of Service UST Systems and Closure EPA promulgated closure and out of service standards at 40 CFR Part 280, Subpart G. Owners and operators must conduct an excavation zone assessment and notify the implementing agency if permanently closing a system or changing its service. Records of closed or changed systems must be mailed to the implementing agency or maintained as specified in section 280.74. The information collection requirements associated with UST closure are contained in the following 40 CFR sections:

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

Closure Records ( § 280.74( c)).

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

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

Guarantee ( § 280.96);

Insurance and Risk Retention Group Coverage ( § 280.97);

Surety Bond ( § 280.98);

Letter of Credit ( § 280.99);

Use of State Required Mechanisms ( § 280.100);

State Fund or Other State Assurance ( § 280.101);

Trust Fund ( § 280.102);

Standby Trust Fund ( § 280.103);

Local Government Bond Rating Test ( § 280.104);

Local Government Financial Test ( § 280.105);

Local Government Guarantee ( § 280.106);

Local Government Fund ( § 280.107);

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

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

Reporting by the Owner or Operator ( § 280.110);

Recordkeeping ( § 280.111);

Drawing on Financial Assurance Mechanisms ( § 280.112); and

Bankruptcy or Other Incapacity ( § 280.114). 5 ( 2) State Program Approval Procedures Under the authority of section 9004 of RCRA, EPA developed procedures for States to apply for approval to implement a State program in lieu of the Federal program. EPA promulgated regulations at 40 CFR Part 281 in the following subparts:

Components of a Program Application ( Subpart B);

Adequate Enforcement Compliance ( Subpart D);

Approval Procedures ( Subpart E); and

Withdrawal of Approval of State Programs ( Subpart F).

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

( a) Components of a Program Application EPA promulgated State program application information requirements at 40 CFR Part 281, Subpart B. A State must gather information, and develop and submit a program application to EPA for review. The application process includes obtaining information from the Governor and Attorney General, and preparing a description of the program. The information collection requirements associated with State program approval are contained in the following 40 CFR sections:

Transmittal Letter ( § 281.20( a));

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

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

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

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

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

( b) Adequate Enforcement and Compliance EPA promulgated enforcement and compliance standards at 40 CFR Part 281, Subpart D. Upon request, a State must submit information from State files regarding the administration of the program. The information collection requirements associated with enforcement and compliance are contained in section 281.43( a), " Sharing of Information." 6 ( c) Approval Procedures EPA promulgated approval procedure requirements at 40 CFR Part 281, Subpart E. A State must revise its program to satisfy new requirements. The information collection requirements associated with approval procedures are contained in sections 281.52( a) and ( b), " Revision of Approved State Programs."

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

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need and Authority for the Collection This section describes the need and authority for each type of information collection analyzed in this ICR. The ICR covers all aspects of management of UST, owner and operator duties, and States submitting their own programs for approval, to be administered in lieu of the Federal UST program. Without this data collection, releases from leaking tanks, spills, or overfills could go undetected. In general, the UST reporting and recordkeeping requirements are intended to yield valuable information on UST systems and to facilitate prompt action when a release is detected.

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

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

Section 9003( d) of RCRA, as amended, requires that EPA promulgate regulations for demonstrating financial responsibility for taking corrective action and compensating third parties 7 for bodily injury and property damage caused by sudden and nonsudden accidental releases from USTs. In order to comply with the regulations private owners and operators and local government owners and operators must demonstrate financial responsibility using one or a combination of the mechanisms specified at 40 CFR Part 280, Subpart H. The need for financial responsibility for corrective action and third party liability is evidenced by numerous instances of environmental damage resulting from regulated substances being released from tanks. EPA requires this reporting and recordkeeping to ensure the financial ability of owners and operators of USTs to remediate or pay for damages resulting from releases or leaking tanks.

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

EPA needs to collect this information to determine whether a State program can sufficiently protect human health and the environment. A State must prove that it has the ability to enforce its UST regulations relating to tank management and operations and in the event of a release.

2( b) Practical Utility and Users of the Data ( 1) Technical and Financial Requirements The data collected for new and existing UST system operations and financial requirements are used by the owners and operators and/ or EPA or the implementing agency. Data maintained in records are used to monitor results of testing, inspections, and operations of UST systems, as well as to demonstrate compliance with regulations.

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

( 2) State Program Approval Procedures EPA uses State program applications to determine whether to approve a State program. Before granting approval, EPA must determine that programs will be no less stringent than the Federal program and contain adequate enforcement mechanisms. EPA uses each part of the program application to determine how the State program corresponds to the Federal program, how the State will administer the program, and how to define and coordinate efforts between EPA and the State. 8 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication Most of the information required by the UST regulations is not available from any source but the respondents. To avoid duplicating previous work respondents may draw upon similar analyses in compiling data for UST monitoring, recordkeeping, reporting, and testing requirements, provided the information meets the requirements specified in the regulations.

3( b) Public Notice In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on April 19, 2004 ( 69 FR 20870). The public comment period extended through June 18, 2004. EPA received no comments on this ICR in response to the Federal Register notice.

3( c) Consultations Most of the underlying assumptions in this ICR ( e. g., burden hour estimates) are based on EPA consultations with industry and States that were conducted in renewing previous UST ICRs. In renewing this current ICR, EPA carefully reviewed all of the ICR's assumptions and determined that a few could be strengthened based on additional consultations. In conducting its consultations, EPA focused on those assumptions that have the greatest effect on the ICR's burden estimates ( e. g., labor rates). EPA's assumptions regarding hour and cost burden are fully discussed in Section 6( d) of this document.

EPA conducted its consultations with the following organizations:

Name of Organization Name of Contact Person Telephone Number Industry Centerpoint Tank Servicer Roger Tartaglia ( 610) 385 4977 Hafer Petroleum Scott Hayfer ( 610) 376 9738 SME Corporation Jim Little ( 800) 346 8487 United Environmental Group Steve Klesic ( 412) 367 0515 ext. 516 States Maine Department of Environmental Protection Diana McLaughlin ( 207) 287 2651 New Mexico Environment Department Stephen Reuter ( 505) 841 9477 Virginia Department of Environmental Quality Russell P. Ellison, III ( 804) 698 4269 9 3( d) Effects of less Frequent Collection EPA has carefully considered the burden imposed upon the regulated community by the information collection requirements covered in this ICR. EPA is confident that those activities required of respondents are necessary, and to the extent possible, the Agency has attempted to minimize the burden imposed. EPA believes strongly that if the minimum information collection requirements specified under the regulations are not met, neither the facilities nor EPA can ensure that UST systems are being managed in a manner protective of human health and the environment.

3( e) General Guidelines This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB's implementing regulations, EPA's ICR Handbook, and other applicable OMB guidance.

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

3( g) Sensitive Questions No questions of a sensitive nature are included in any of the UST information collection requirements.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents and SIC/ NAICS Codes The following is a list of Standard Industrial Classification ( SIC) codes and corresponding North American Industrial Classification System ( NAICS) codes associated with industries most likely affected by the information collection requirements covered in this ICR. 10 SIC Code SIC Code Description NAICS Code NAICS Code Description 211112 Natural Gas Liquid Extraction 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing 331311 Alumina Refining 325131 Inorganic Dye and Pigment Manufacturing 2819 Industrial Inorganic Chemicals 325188 All Other Basic Inorganic Chemical Manufacturing 2821 Plastics Materials and Resins 325211 Plastics Material and Resin Manufacturing 2851 Paints and Allied Products 32551 Paint and Coating Manufacturing 32511 Petrochemical Manufacturing 325188 All Other Basic Inorganic Chemical Manufacturing 325193 Ethyl Alcohol Manufacturing 32512 Industrial Gas Manufacturing 2869 Industrial Organic Chemicals 325199 All Other Basic Organic Chemical Manufacturing 32551 Paint and Coating Manufacturing 311942 Spice and Extract Manufacturing 325199 All Other Basic Organic Chemical Manufacturing 2899 Chemical Preparations 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing 2911 Petroleum Refining 32411 Petroleum Refineries 336399 All Other Motor Vehicle Parts Manufacturing 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing 333319 Other Commercial and Service Industry Machinery Manufacturing 33271 Machine Shops 3599 Industrial Machinery 333999 All Other Miscellaneous General Purpose Machinery Manufacturing 11 SIC Code SIC Code Description NAICS Code NAICS Code Description 336211 Motor Vehicle Body Manufacturing 336312 Gasoline Engine and Engine Parts Manufacturing 336322 Other Motor Vehicle Electrical and Electronic Equipment Manufacturing 33633 Motor Vehicle Steering and Suspension Components ( except Spring) Manufacturing 33634 Motor Vehicle Brake System Manufacturing 33635 Motor Vehicle Transmission and Power Train Parts Manufacturing 3714 Motor Vehicle Parts and Accessories 336399 All Other Motor Vehicle Parts Manufacturing 562112 Hazardous Waste Collection 562119 Other Waste Collection 48411 General Freight Trucking, Local 48421 Used Household and Office Goods Moving 4212 Local Trucking Without Storage 48422 Specialized Freight ( except Used Goods) Trucking, Local 221111 Hydroelectric Power Generation 221112 Fossil Fuel Electric Power Generation 221113 Nuclear Electric Power Generation 221119 Other Electric Power Generation 221121 Electric Bulk Power Transmission and Control 221122 Electric Power Distribution 4911 Electric Systems 48621 Pipeline Transportation of Natural Gas 454311 Heating Oil Dealers 454312 Liquefied Petroleum Gas ( Bottled Gas) Dealers 5171 Petroleum Bulk Stations and Terminals 42271 Petroleum Bulk Stations and Terminals 5511 New and Used Car Dealers 44111 New Car Dealers 44711 Gasoline Stations with Convenience Store 5541 Gasoline Service Stations 44719 Other Gasoline Stations 7538 General Automotive Repair Shops 811111 General Automotive Repair 12 4( b) Information Requested In the following paragraphs, EPA describes the UST technical and financial requirements and the State program approval application requirements contained at 40 CFR Parts 280 and 281, respectively.

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

Program Scope and Interim Prohibition ( Subpart A);

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

General Operating Requirements ( Subpart C);

Release Detection ( Subpart D);

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

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

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

Financial Responsibility ( Subpart H).

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

( i) Data Items:

Records documenting that a corrosion expert determined the site was not corrosive enough to cause the UST system to have a release due to corrosion during its operating life. 13 ( ii) Respondent Activities:

Have a corrosion expert inspect the site; and

Maintain the records demonstrating compliance.

( b) UST Systems: Design, Construction, Installation, and Notification ( b1) Performance Standards for New UST Systems  Tanks and Piping Without Corrosion Protection Tanks and piping in contact with the ground that routinely contain regulated substances must have corrosion protection unless a corrosion expert finds the site to be relatively noncorrosive ( § § 280.20( a) and ( b)). Sections 280.20( a)( 4)( i) and ( ii) and 280.20( b)( 3)( i) and ( ii) require owners or operators that have installed an UST system with metal tanks and/ or piping without corrosion protection to maintain records that demonstrate that a corrosion expert determined the site not to be corrosive enough to cause the UST system to have a release due to corrosion during its operating life. These records of compliance must be maintained for the remaining life of the tank and/ or piping ( § § 280.20( a) and ( b)).

( i) Data Items:

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

( ii) Respondent Activities:

Have a corrosion expert inspect the site; and

Maintain the records demonstrating compliance.

( b2) Certification of Installation Section 280.20( e) requires owners and operators to ensure that tanks and piping were installed properly through certification, testing, or inspection. Owners and operators must demonstrate compliance of proper installation methods by providing a certification of compliance on the UST notification form in accordance with section 280.22 ( § 280.20( e)).

( i) Data Item:

Certification of compliance of proper installation. 14 ( ii) Respondent Activities:

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

( b3) Periodic Lining Inspections Section 280.21 establishes requirements for all UST systems that have been upgraded. 1 Section 280.21( b)( 1)( ii) requires that all tanks upgraded by internal lining be inspected within 10 years after lining, and every five years thereafter. The purpose of the inspection is to determine whether the tank is structurally sound and the lining is still performing in accordance with original design specifications.

( i) Data Items:

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

( ii) Respondent Activities:

Conduct internal tank inspection within ten years after lining and every five years thereafter; and

Maintain records.

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

( b4) Notification Requirements Section 280.22 describes the notification requirements for new UST systems. All of the information in Sections I through VII of the notification form ( see 40 CFR Part 280, Appendix I), or similar State forms used in lieu of the form in Appendix I, must be filled out completely ( § 280.22). In addition, owners and operators selling an UST must notify the purchaser of such tanks of the owner's notification obligations under section 280.22( a) ( § 280.22( g)).

1 As specified at 40 CFR 280.21( a), all tanks should have been upgraded by December 22, 1998. 15 ( i) Data Item:

Completed notification form that includes:

 A notice of existence for each tank system located at a separate place of operation ( § § 280.22( a) through ( d));

 Certificate of compliance with installation, cathodic protection, financial responsibility, and release detection requirements ( § § 280.22( e) and ( f)); 2 and  Notice to purchaser of an UST of the owner's notification obligations ( § 280.22( g)).

( ii) Respondent Activities:

Prepare and submit notification form within 30 days of bringing an UST system into use; and

Notify purchaser of an UST of the owner's notification obligations.

( c) General Operating Requirements ( c1) Operation and Maintenance of Corrosion Protection Owners and operators with cathodically protected steel UST systems must periodically inspect their systems and conduct periodic tests by a qualified cathodic protection tester. Sections 280.31( d)( 1) and ( 2) require owners and operators to maintain records that demonstrate compliance with performance standards for UST systems using cathodic protection.

( i) Data Items:

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

2 Note that this section only burdens respondents for compiling these data items, not for obtaining them. The burden associated with obtaining these data items is covered in other parts of the ICR under section 280.20( e) ( certificate of compliance with installation), sections 280.20( a) and ( b) ( cathodic protection of steel tanks and piping), sections 280.95 through 280.114 ( financial responsibility), and sections 280.40 through 280.45 ( release detection). 16  For all tanks with cathodic protection, results of testing from the last two inspections of the cathodic protection system ( § § 280.31( b)( 1) and ( 2)); and  For tanks using impressed cathodic protection systems, results of the last three inspections of the cathodic protection equipment on UST systems ( § 280.31( c)).

( ii) Respondent Activities:

Have a qualified cathodic protection tester conduct the test for all cathodic protection systems within six months of installation, at least every three years thereafter, and within six months of the repair of any cathodically protected UST system ( § 280.33( e));

Conduct the inspection for impressed current cathodic protection systems every 60 days; and

Maintain records.

( c2) Maintenance of Repair Records Section 280.33( f) requires owners and operators to maintain records of each repair for the operating life of the UST system. These records must demonstrate that repairs will prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances ( § 280.33( f)).

( i) Data Items:

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

( ii) Respondent Activities:

Gather information on each repair;

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

Maintain records. 17 ( c3) Reporting Section 280.34( a) requires owners and operators to cooperate fully with the implementing agency concerning submission of information. Owners and operators must submit to the implementing agency the information gathered and requested in sections 280.20( e), 280.22, 280.50, 280.53, 280.61, 280.62, 280.63, 280.64, 280.65, 280.66, and 280.71. Data items and respondent activities, as well as the associated hour and cost burden, are specified and covered in each of the respective sections ( § 280.34( a)).

( c4) Recordkeeping Sections 280.34( b) and ( c) require owners and operators to cooperate fully with the implementing agency concerning the recordkeeping, availability, and maintenance of information. Owners and operators must maintain the information requested in sections 280.20( a)( 4), 280.20( b)( 3), 280.31, 280.33( f), 280.45, 280.74. Data items and respondent activities, as well as the associated hour and cost burden, are specified and covered in each of the respective sections.

( d) Release Detection ( d1) General Requirements for All UST Systems Section 280.40 outlines release detection requirements that are applicable to all UST systems. Section 280.40 also provides that, when a release detection method indicates that a release may have occurred, owners and operators must notify the implementing agency in accordance with Subpart E. Data items and respondent activities associated with release detection requirements are covered and burdened under sections 280.43, 280.44, and 280.45. Data items and respondent activities associated with the reporting of suspected releases and the cleanup of spills and overfills are covered and burdened in the subsequent section, " Release Reporting, Investigation, and Confirmation" ( 40 CFR Part 280, Subpart E).

( d2) Release Detection for Tanks Section 280.43 specifies methods that UST owners and operators may use to meet the release detection requirements for tanks at section 280.41( a). Owners and operators are required to record results of measurements or tests indicating whether a release has or has not occurred. 18 ( i) Data Items:

Records of inventory control, 3 including the following:

 Inventory volume measurements for regulated substance inputs, withdrawals, and remaining substance for each operating day ( § § 280.43( a)( 1) and ( 3));

 Records of product dispensing, recorded to local standards for meter calibration or within six cubic inches for every five gallons withdrawn ( § 280.43( a)( 5)); and  Records of measurements of any water level in the bottom of the tank, to the nearest one eighth inch, at least once per month ( § 280.43( a)( 6));

Records of manual tank gauging, 4 including weekly records of tank liquid level measurements, taken at the beginning and end of a minimum time period during which the contents of the tank are not disturbed ( § 280.43( b)( 1));

Records of tank tightness testing5 that demonstrate that testing is capable of detecting a 0.1 gallon per hour leak rate ( § 280.43( c));

Records of automatic tank gauging tests, including the following:

 Monthly automatic product level monitor tests ( § 280.43( d)( 1)); and  For automatic tank gauging systems that do not meet the performance standard found in section 280.40( a)( 3), records of inventory control ( or another test of equivalent performance, conducted in accordance with the requirements of section 280.43( a) ( § 280.43( d)( 2));

3 If an UST system meets the performance standards in section 280.20 or 280.21, product inventory control or manual tank gauging may be used in conjunction with tank tightness testing every five years until December 22, 1998 or until 10 years after installation or upgrading of the tank, whichever is later ( see § 280.41( a)( 1)). Note that all tanks should have been upgraded or closed by December 22, 1998.

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

5 Tank tightness testing may be used in conjunction with inventory control or manual tank gauging ( see previous footnotes). 19

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

Monthly records of groundwater monitoring ( § 280.43( f));

Monthly records of interstitial monitoring between the UST system and a secondary barrier immediately around or beneath it ( § 280.43( g)); and/ or

A demonstration for another release detection method ( § 280.43( h)( 2)); and

Monthly records of another approved release detection method, if necessary ( § 280.43( h)( 2)).

( ii) Respondent Activities:

If using inventory control, record delivery, dispensing, and inventory measurements each operating day, reconcile measurements monthly, record monthly water level measurements, and perform tank tightness testing; 6

If using manual tank gauging with tank tightness testing, record two consecutive tank liquid level measurements at the beginning and ending of a minimum time period each week, reconcile measurements monthly, and perform tank tightness testing; 7

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

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

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

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

6 If an UST system meets the performance standards in section 280.20 or 280.21, product inventory control may be used in conjunction with tank tightness testing every five years until December 22, 1998 or until 10 years after installation or upgrading of the tank, whichever is later ( see § 280.41( a)( 1)). Note that all tanks should have been upgraded or closed by December 22, 1998.

7 Ibid. 20

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

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

( d3) Release Detection for Piping Section 280.44 specifies methods that UST owners and operators may use to meet the release detection requirements for piping at section 280.41( b). Owners and operators are required to maintain the following types of measurement records to demonstrate compliance.

( i) Data Items:

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

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

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

( ii) Respondent Activities: 8

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

Record results of an annual line leak detector test; or

Record results of monthly monitoring.

8 Based on program experience, EPA believes that the majority of the lines are pressurized piping and the minority of the lines are suction lines. However, EPA was unable to estimate the number of pressurized piping and suction lines used. Therefore, this ICR assumes that all lines used are pressurized piping. Because suction piping systems do not have to comply with certain leak detection requirements, this ICR overestimates the burden for this section. 21 ( d4) Release Detection Recordkeeping Section 280.45 requires that owners and operators maintain records which contain information about each release detection system in place at an UST system.

( i) Data Items:

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

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

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

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

( ii) Respondent Activities:

Maintain records for the periods of time as follows:

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

 Sampling, testing or monitoring results  one year unless implementing agency advises otherwise, except for tank tightness testing, in which case records are to be maintained until the next test is conducted;

 Documentation of all calibrations, maintenance, and repairs  one year after servicing was completed, unless implementing agency advises otherwise; and  Manufacturer calibration and maintenance schedules  five years from date of installation. 22 ( e) Release Reporting, Investigation and Confirmation ( e1) Reporting of Suspected Releases Section 280.50 requires owners and operators to report within 24 hours to the implementing agency if a release is suspected and the release exceeds 25 gallons ( or for hazardous substances that exceed the reportable quantity), or if a smaller release cannot be cleaned up within 24 hours.

( i) Data Items:

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

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

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

( ii) Respondent Activities:

Gather information on the suspected release; and

Report the suspected release.

( e2) Reporting and Cleanup of Spills and Overfills Sections 280.53( a) through ( b) require owners and operators to immediately contain and cleanup a spill or overfill, and to report certain releases. Owners and operators must report to the implementing agency within 24 hours, or another reasonable time period specified by the implementing agency, in the following cases:

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

Spill or overfill of a hazardous substance that equals or exceeds its reportable quantity under CERCLA ( 40 CFR Part 302) ( § 280.53( a)( 2)). 23 In addition, owners and operators must contain and immediately cleanup a spill or overfill of petroleum that is less than 25 gallons or another reasonable amount specified by the implementing agency, and a spill of a hazardous substances that is less than the reportable quantity.

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

( i) Data Items:

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

Notification of spill or overfill of less than 25 gallons, if it cannot be cleaned up within 24 hours.

( ii) Respondent Activities:

Report spill or overfill within 24 hours if over 25 gallons or the reportable quantity; and

Notify the implementing agency if unable to cleanup a spill less than 25 gallons or the reportable quantity.

( f) Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances ( f1) Initial Response Upon confirmation of a release in accordance with section 280.52 or another procedure, owners and operators must conduct initial response actions within 24 hours of a release or within another reasonable time period determined by the implementing agency. The initial response is a release report, which may be submitted to the implementing agency by telephone or electronic mail ( § 280.61( a)).

( i) Data Item:

Release report.

( ii) Respondent Activity:

Report the release to the implementing agency ( e. g., by telephone or electronic mail). 24 ( f2) Initial Abatement Measures Report and Site Check Section 280.62( b) requires owners and operators to submit within 20 days, or another reasonable period of time determined by the implementing agency, a report summarizing initial abatement steps taken and any resulting information or data in accordance with section 280.62( a).

( i) Data Item:

Report on initial abatement steps and resulting information or data.

( ii) Respondent Activities:

Gather information during initial abatement; and

Prepare and submit a summary report of initial abatement steps.

( f3) Initial Site Characterization Section 280.63 requires owners and operators to assemble information about the site and the nature of the release, including information from initial abatement measures in sections 280.60 and 280.61. Under section 280.63( b), the information collected must be submitted to the implementing agency within 45 days of the release confirmation or another reasonable period of time determined by the implementing agency, in a manner that demonstrates its applicability and technical adequacy, or in a format and according to the schedule required by the implementing agency.

( i) Data Items:

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

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

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

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

( ii) Respondent Activities:

Gather information for the initial site characterization; and 25

Prepare and submit information per implementing agency instructions.

( f4) Free Product Removal Section 280.64 requires owners and operators to remove free product to the maximum extent practicable if investigations under section 280.62( a)( 6) indicate that removal is warranted. Under section 280.64( d), owners and operators must assemble information and prepare and submit a free product removal report within 45 days after confirmation of a release.

( i) Data Items:

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

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

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

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

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

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

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

( ii) Respondent Activities:

Gather information for free product removal report; and

Prepare and submit report.

( f5) Investigations for Soil and Groundwater Cleanup Section 280.65 requires owners and operators to conduct investigations of soil and groundwater if any of the following conditions exist: ( 1) evidence that groundwater wells have been affected; ( 2) free product is found; ( 3) there is evidence of contaminated soils in contact with groundwater; or ( 4) potential effects of soil or groundwater on nearby surface water and groundwater resources. Under section 280.65( b), owners and operators must submit information covering the release, the release site, and the area affected by the release after investigating the 26 impacts of the release on the soils and groundwater. The information must be collected and submitted within a reasonable time established by the implementing agency if the conditions in sections 280.65( a)( 1) through ( 4) exist.

( i) Data Item:

Information on soil and groundwater impacts of release.

( ii) Respondent Activities:

Gather information from soil and groundwater cleanup investigations; and

Submit collected information.

( f6) Corrective Action Plan Section 280.66 specifies corrective action requirements for USTs. The implementing agency may require owners and operators to submit additional information or a corrective action plan for responding to contaminated soils or groundwater. Upon approval, owners and operators must implement the plan, and report the results of implementation. In addition, in order to keep contamination at a site to a minimum, owners and operators may begin cleanup prior to plan approval by notifying the implementing agency of the intention to begin cleanup and including the cleanup measures in the corrective action plan, provided they comply with any conditions imposed by the implementing agency and incorporate self initiated cleanup measures into the corrective action plan.

( i) Data Items:

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

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

A report on the results of implementing the plan.

( ii) Respondent Activities:

Prepare and submit a corrective action plan or additional information;

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

Report the results of implementing the plan. 27 ( g) Out of Service UST Systems and Closure ( g1) Permanent Closure and Changes in Service Notification Section 280.71( a) requires that owners and operators notify the implementing agency of any decision to permanently close or make a change in service at an UST system. The notification must be made at least 30 days prior to beginning permanent closure or change inservice actions. After notifying, but before completing a closure or change in service, the owner or operator must complete an excavation zone assessment under section 280.72( a).

( i) Data Item:

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

( ii) Respondent Activities:

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

Conduct excavation zone assessment.

( g2) Closure Records Section 280.74 requires owners and operators to maintain records in accordance with section 280.34 that are capable of showing compliance with closure requirements. Owners and operators also are required to maintain result of the excavation zone assessment required in section 280.72 for at least three years after completion of permanent closure or change inservice

( i) Data Items:

Records showing compliance with closure requirements ( § 280.74).

( ii) Respondent Activities:

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

Mail the records to the implementing agency if the records cannot be maintained at the closed UST site. 28 ( h) Financial Responsibility ( h1) Financial Responsibility Mechanisms 40 CFR Part 280, Subpart H financial requirements apply to all owners of petroleum USTs, except those exempted in sections 280.10( b) and ( c), as specified by section 280.90( d). Owners of existing USTs, except for local government entities, were required to comply with the financial requirements by the dates specified in section 280.91.

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

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

( i) Data Items:

The section 280.95( b) criteria require the following Data Items:

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

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

The section 280.95( c) criteria require the following Data Items:

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

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

A special report from an independent CPA, if annual financial statements were not submitted to the SEC, Energy Information Administration, or Rural Electrification Administration ( § 280.95( c)( 5)). 29 The implementing agency also may require the following data items to be submitted at any time:

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

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

( ii) Respondent Activities:

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

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

Maintain current financial condition records.

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

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

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

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

Maintain current financial condition records.

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

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

Notify implementing agency within 10 days if owner or operator fails to obtain alternative financial assurance within 150 days of discovering, or within 30 days of being notified by the implementing agency, that he or she no longer meets the financial test. 30 [ NOTE: This ICR covers the burden associated with these activities under section 280.110 ( reporting) and section 280.111 ( recordkeeping).]

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

( i) Data Items:

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

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

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

( ii) Respondent Activities:

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

Obtain and keep on file a guarantee from the guarantor.

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

Insurance and Risk Retention Group Coverage Section 280.97 outlines the procedures for a obtaining liability insurance as a means of satisfying the financial responsibility requirements.

( i) Data Item:

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

( ii) Respondent Activities:

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

[ NOTE: This ICR covers the burden associated with this activity under section 280.111 ( recordkeeping).] 31 Surety Bond Section 280.98 outlines the procedures for a obtaining surety bond as a means of satisfying the financial responsibility requirements.

( i) Data Items:

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

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

( ii) Respondent Activities:

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

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

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

( i) Data Items:

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

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

( ii) Respondent Activities:

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

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

Use of State Required Mechanisms Section 280.100 allows UST owners and operators in States without program approval to satisfy the requirements of section 280.93 by using a State required financial mechanism, if 32 approved by the EPA Region. The owner or operator, State, or any other party must develop a submission.

( i) Data Items:

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

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

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

( ii) Respondent Activities:

Prepare and submit the petition package; and

Retain a copy of the petition package.

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

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

( i) Data Item:

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

( ii) Respondent Activities:

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

[ NOTE: This ICR covers the burden associated with this activity under section 280.111 ( recordkeeping).] 33 Trust Fund Section 280.102 outlines the procedures for using a trust fund as a means of satisfying the financial responsibility requirements.

( i) Data Items:

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

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

( ii) Respondent Activities:

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

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

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

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

( i) Data Items:

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

( ii) Respondent Activities:

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

[ NOTE: This ICR covers the burden associated with this activity under section 280.111 ( recordkeeping).] 34 Local Government Bond Rating Test Section 280.104 states that a general purpose local government owner or operator and/ or a local government as a guarantor may satisfy the requirements of section 280.93 by having outstanding issues of bonds of $ 1 million dollars or more.

( i) Data Items:

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

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

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

( ii) Respondent Activities:

Maintain current copy of bond ratings;

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

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

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

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

( i) Data Items:

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

 Total revenues;  Total expenditures;  Local revenues;  Debt service;  Total funds; and 35  Population served by the local government.

Letter from CFO exactly as stated in section 280.105( c) ( § 280.105( b)( 3));

Current records of financial condition ( § 280.105( e)); and

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

( ii) Respondent Activities:

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

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

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

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

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

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

( i) Data Items:

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

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

A demonstration of meeting the local government fund requirements of section 280.107( a), 280.107( b), or 280.107( c) and a copy of the CFO letter in section 280.107 ( § 280.106( a)( 3)); 36

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

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

( ii) Respondent Activities:

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

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

Obtain and keep on file a guarantee agreement.

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

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

( i) Data Items:

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

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

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

If an owner or operator is using incremental funding backed by bonding authority, results of a voter referendum or an attestation by the State Attorney General ( § § 280.107( c)( 2) and 280.111( b)( 9)( iii)). 37 ( ii) Respondent Activities:

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

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

Maintain all year end financial statements; and

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

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

Substitution of Financial Assurance Mechanisms by the Owner or Operator Section 280.108( b) states that an owner or operator may cancel a financial assurance mechanism after obtaining alternate financial assurance.

( i) Data Item:

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

( ii) Respondent Activities:

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

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

( h2) Cancellation or Nonrenewal by a Provider of Financial Assurance A provider of financial assurance may cancel or fail to renew an assurance mechanism according to the procedures outlined in section 280.109. The data item associated with such an action is a notice of termination, which is submitted to the UST owner or operator. If alternate financial coverage is not obtained within 60 days of being notified of the termination, owners or operators must inform the implementing agency of the failure to obtain coverage.

( i) Data Items:

Notice of termination to UST owner or operator ( § 280.109( a)); 38

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

 Name and address of the provider of financial assurance ( § 280.109( b)( 1));  Effective date of the termination ( § 280.109( b)( 2)); and  Evidence of the financial assurance mechanism subject to termination ( § 280.109( b)( 3)).

( ii) Respondent Activities:

Prepare and submit a notice of termination;

Prepare and submit to the implementing agency a notification if unable to obtain alternate coverage within 60 days of receiving a notice of termination.

( h3) Reporting Section 280.110 establishes financial responsibility reporting requirements for owners and operators who: ( 1) identify a reportable UST release; or ( 2) fail to obtain alternative coverage.

( i) Data Item:

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

( ii) Respondent Activities:

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

( h4) Recordkeeping Section 280.111( b)( 11) requires an owner or operator to maintain an updated copy of a certification of financial responsibility, as worded in section 280.111( b)( 11)( i).

( i) Data Item:

Record of updated certification of financial responsibility.

( ii) Respondent Activities:

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

Update the certification whenever the financial assurance mechanism is modified. 39 [ NOTE: This is the only recordkeeping requirement under section 280.111 that is not covered elsewhere in this ICR Supporting Statement. All other recordkeeping requirements under section 280.111 ( i. e., 40 CFR 280.111( b)( 1)( b)( 10)) are covered under each section of the regulations in which the paperwork is generated.]

( h5) Bankruptcy or Other Incapacity Section 280.114 sets forth notification requirements regarding bankruptcy or other incapacities for UST owners and operators, and providers of financial assurance. Data items associated with these requirements must be submitted within 10 days after commencement of bankruptcy proceedings:

( i) Data Items:

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

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

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

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

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

( ii) Respondent Activities:

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

If necessary, prepare and submit a notification of inability to obtain alternate financial assurance within 30 days. 40 ( 2) State Program Approval Procedures Regulations at 40 CFR Part 281 contain State program approval procedures for States that wish to administer their own UST programs in lieu of the Federal program. A State must obtain approval for its program from the Federal agency administering the program. Part 281 is divided into six subparts ( i. e., Subparts A through F), four of which contain information collection requirements. This ICR summarizes the information collection requirements, and the associated data items and respondent activities, in the order in which they appear in Part 281, in the following subparts:

Components of a Program Application ( Subpart B);

Adequate Enforcement of Compliance ( Subpart D);

Approval Procedures ( Subpart E); and

Withdrawal of Approval of State Programs ( Subpart F).

( a) Components of a Program Application ( a1) Transmittal Letter Section 281.20( a) states that any State seeking to administer its own UST program must submit in its application a transmittal letter from the Governor of the State requesting program approval ( § 281.20( a)).

( i) Data Item:

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

( ii) Respondent Activities:

Obtain a transmittal letter from the Governor's office; and

Submit the letter to the implementing agency.

( a2) Description of State Program Sections 281.20( b) and 281.21 state that any State seeking to administer its own UST program must submit in its application a description of the program the State plans to implement in place of the Federal program. 41 ( i) Data Items:

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

 Regulation is for UST systems containing petroleum or hazardous substances, or both;

 The program is more stringent or broader in scope than the Federal program, and in what ways; and  The State has jurisdiction over Indian lands or agreements with Indian tribes.

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

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

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

( ii) Respondent Activities:

Prepare and submit the description of the program.

( a3) Procedures for Adequate Enforcement Section 281.22 states that any State seeking to administer its own UST program must submit in its application a description of compliance monitoring and enforcement policies and procedures, including judicial review procedures ( § § 281.22 and 281.20( c)).

( i) Data Item:

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

( ii) Respondent Activities:

Gather and submit information on compliance monitoring and enforcement procedures. 42 ( a4) Memorandum of Agreement Section 281.24 states that any State seeking to administer its own UST program must negotiate with EPA areas of coordinated effort and responsibilities.

( i) Data Item:

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

( ii) Respondent Activities:

Negotiate an MOA with EPA; and

Prepare and submit the MOA with the program application.

( a5) Attorney General's Statement Section 281.25 states that any State seeking to administer its own UST program must submit a written demonstration from the Attorney General stating that the laws of the State are sufficiently stringent to enforce the State program proposed. The statement must include citations to statutes, regulations, judicial decisions, and analysis of any State authority to regulate USTs on Indian lands ( § § 281.25 and 281.20( f)).

( i) Data Item:

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

( ii) Respondent Activities:

Draft and submit the statement from the Attorney General.

( a6) Copies of Statutes and Regulations Section 281.20( g) states that any State seeking to administer its own UST program must submit in its application copies of all applicable State statutes and regulations ( § 281.20( g)).

( i) Data Items:

Copies of all applicable State statutes and regulations ( § 281.20( g)). 43 ( ii) Respondent Activities:

Research and gather statutes and regulations; and

Submit copies as a part of the application.

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

( i) Data Item:

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

( ii) Respondent Activities:

Maintain files and current information on program administration; and

Submit information to EPA, if requested.

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

( i) Data Items:

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

A revised application, if requested by EPA.

( ii) Respondent Activities:

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

Prepare and submit revised application, if instructed by EPA. 44 ( d) Withdrawal of Approval of State Programs A State with an approved program may transfer voluntarily any responsibilities required by Federal law ( § 281.61( a)( 1)).

( i) Data Items:

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

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

( ii) Respondent Activities:

Gather information;

Prepare and submit transfer notification; and

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

5. THE INFORMATION COLLECTED   AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT The following section discusses how EPA or the implementing agency will collect and manage the information received from respondents. This section also includes a discussion of how EPA has taken steps to ensure that the information collections are not overly burdensome on small entities.

5( a) Agency Activities ( 1) Technical and Financial Requirements Most information required of UST owners and operators is maintained in records at the facility and is only formally submitted to EPA or the implementing agency if requested. This analysis assumes that the Agency will spend a minimal amount of time reviewing these data during facility inspections.

This ICR assumes that EPA or the implementing agency reviews and files submitted information, including notification forms; site, chemical property, and health information; information on suspected releases, spills, or overfills; site characterizations; abatement procedure information; free product information; soil and ground water information; corrective action plans and implementation reports; and applicable financial assurance information. Much of the 45 information listed above is also entered into a database for the purposes of recordkeeping and analysis.

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

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

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

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

5( d) Collection Schedule ( 1) Technical and Financial Requirements EPA or the implementing agency collect information on a one time, on going, or special circumstance basis. EPA or the implementing agency collects various types of data according to the following schedules:

One time collections: Notification forms, certificates of compliance with corrosion protection and system installation, alternative technology information and demonstrations, excavation zone assessments, closure records or change inservice forms. 46

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

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

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

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

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION 6( a) Estimating Respondent Hours EPA estimates the respondent hourly burden for all the information collection requirements covered in this ICR in Exhibits 1 and 2. Exhibit 1 covers information collections related to UST technical and financial requirements. Exhibit 2 covers information collections associated with State program approvals. The burden estimates for each activity presented in Exhibits 1 and 2 include the burden hours ( total and by labor type) per respondent, as well as the overall burden hours for all respondents.

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

Labor Costs Table 1 shows the estimated average hourly labor cost ( including overhead and fringe), by labor category, for facilities, contractors, and States. 9 These labor rates were used to calculate 9 Note that, for purposes of this ICR, States are considered respondents when they submit documents to EPA to satisfy applicable 40 CFR regulations ( e. g., applying for EPA approval of State 47 the labor cost to all respondents in conducting the reporting and recordkeeping activities covered in this ICR, as shown in Exhibits 1 and 2.

Table 1 Average Hourly Respondent Labor Cost, by Labor Category Respondent Legal Managerial Technical Clerical Facilities $ 110 $ 78 $ 57 $ 29 Contractors Not Applicable $ 79 $ 56 $ 37 States $ 80 $ 57 $ 42 $ 23 To obtain hourly labor costs for facilities, EPA referred to the hourly labor costs in the previously approved UST ICR ( i. e., EPA ICR Number 1360.06). EPA then updated those hourly labor costs to 2004 levels using Employment Cost Indexes developed by the U. S. Bureau of Labor Statistics.

To obtain hourly labor costs for contractors and States, EPA consulted with various contractors and State agencies, respectively. ( See Section 3( c) of this ICR for a list of contractors and State agencies contacted by EPA.) Note that contractor costs for legal staff were not estimated as no legal work is expected to be performed by contractors.

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

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

Mailing costs: EPA estimates that respondents will incur a cost of $ 0.38 to mail a one ounce package ( i. e., $ 0.37 for postage and $ 0.01 for standard size envelope).

program). States are considered regulators when administering a regulatory program, e. g., receiving UST release reports from facilities. 48 EPA also estimates that respondents will incur a cost of $ 3.64 for mailing a larger package ( i. e., five ounce package) by certified mail ( i. e., $ 1.09 for postage, $ 2.30 for the certified mail fee, and $ 0.05 for a manila envelope).

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

Purchase of contractor or laboratory services: EPA believes that owners and operators of USTs will incur O& M costs on contractor and laboratory services. These O& M costs are further described in Section 6( d) for all applicable respondent activities.

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

6( c) Estimating Agency Hour and Cost Burden EPA estimates the Agency hour and cost burden associated with all information collection requirements covered in this ICR in Exhibits 3 and 4. As shown in the exhibit, EPA estimates an average hourly labor cost of $ 75.09 for legal staff ( GS 15, Step 5), $ 47.66 for managerial staff ( GS 13, Step 1), $ 33.44 for technical staff ( GS 11, Step 1), and $ 20.34 for clerical staff ( GS 6, Step 1). To derive these hourly estimates, EPA referred to the General Schedule ( GS) Salary Table 2004. This publication summarizes the unloaded ( base) hourly rate for various labor categories in the Federal Government. EPA then applied the standard government overhead factor of 1.6 to the unloaded rate to derive these loaded hourly rates.

6( d) Estimating the Respondent Universe and Total Hour and Cost Burden ( 1) Respondent Universe ( a) Technical and Financial Requirements Table 2 presents the estimated UST universe over the three years covered by this ICR. As shown in the table, there will be an average of 675,000 existing USTs in operation over the period covered by this ICR. EPA also estimates that, each year, owners and operators will close an average of 31,667 USTs and install an average of 33,333 new USTs. EPA estimates that a portion of the new USTs will be installed at new facilities ( i. e., facilities that have not operated USTs in the past), with the remainder of new USTs installed at existing UST facilities. 49 Table 2 Estimated UST Universe Year 2005 Year 2006 Year 2007 Average Underground Storage Tanks Existing USTs 670,000 675,000 680,000 675,000 New USTs installed 30,000 35,000 35,000 33,333 USTs closed 35,000 30,000 30,000 31,667 Facilities with Underground Storage Tanks a Existing facilities 241,000 242,000 244,000 242,333 New facilities 11,000 13,000 13,000 12,333 a Number of facilities was estimated based on the assumption that, on average, there are 2.78 USTs per facility.

( b) State Program Approval Procedures Table 3 presents the estimated number of States expected to seek and obtain EPA program approval during the three year period covered by this ICR. It shows that EPA expects two States, on average, to seek program approval each year.

Table 3 Annual Number of States Expected to Receive EPA Program Approval During the Period Covered by the ICR Number of State Program Approvals per Year Year 2005 Year 2006 Year 2007 Average Annual Number of State Program Approvals During 2005 to 2007 State Program Approvals 2 1 2 2 ( 2) Total Hour and Cost Burden ( a) Technical and Financial Requirements 40 CFR Part 280 subjects owners and operators of USTs to technical and financial requirements. Information collecting, reporting, and recordkeeping may be required on a one time, on going, or special circumstance basis. The remainder of this subsection describes how EPA arrived at each of the respondent estimates contained in Exhibit 1. 50 ( a1) Program Scope and Interim Prohibition EPA expects all owners and operators of deferred UST systems to equip them with corrosion protection if these systems are constructed of steel. Therefore, EPA expects that no owners or operators will have to read this part of the regulations, have a corrosion expert assess their sites, or maintain records.

( a2) UST Systems: Design, Construction, Installation, and Notification Newly regulated facilities will read the design, construction, installation, and notification regulations. Thus, each year an average of 12,333 facilities will perform this activity ( see Table 2).

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

EPA expects owners and operators to prepare and submit a certificate of installation and a notification for each new UST system installed. Thus, EPA expects an average of 33,333 notifications each year will be submitted ( see Table 2).

EPA estimates that approximately five percent of existing tanks ( i. e., 0.05 x 675,000 = 33,750) have been upgraded by internal lining. EPA expects all owners and operators of these UST systems to inspect their tanks within 10 years after lining and every five years thereafter. Thus, EPA estimates that, on average, 6,750 tanks ( i. e., 33,750/ 5 = 6,750) will be inspected each year during the period covered by this ICR. Owners and operators of lined tanks also are expected to maintain inspection records. 10 EPA believes that tank owners and operators will incur additional O& M costs for tank interior lining inspection. The O& M cost for tank interior lining inspection is $ 1,410, which includes a $ 1,305 contractor fee for conducting the inspection and $ 105 to cover the cost of the tank being out of service for one day ( i. e., lost profit).

EPA estimates that five percent of USTs ( i. e., 675,000 x 0.05 = 33,750 USTs) are sold each year. Owners and operators selling an UST must inform the buyer of his or her notification obligations.

10 Although section 280.21( b) does not explicitly require maintenance of inspection records, the regulations do require the use of a code of practice developed by a nationally recognized association or independent testing laboratory in order to comply with the regulations under this section. Because most of these codes of practice require maintenance of inspection records, EPA has burdened respondents with this activity in this ICR. In addition, EPA notes that the Agency may use these inspection records for enforcement purposes. 51 ( a3) General Operating Requirements Newly regulated facilities ( 12,333 annually) will read the regulations on general operating requirements.

In addition, owners and operators of steel USTs with cathodic protection are required to have their cathodic protection systems tested within six months of installation and once every three years thereafter. EPA estimates that, each year, approximately 45 percent of existing and new USTs ( i. e., 0.45 x ( 675,000 + 33,333) = 318,750) will be protected by cathodic systems. 11 Thus, EPA estimates that a total of 106,250 activities ( i. e., 318,750/ 3 = 106,250) will be conducted each year during the three year period covered by this ICR.

EPA estimates that of the 318,750 USTs with cathodic protection, 70 percent ( 223,125 USTs) will be protected by sacrificial anode cathodic systems and 30 percent ( 95,625 USTs) will be protected by impressed current cathodic systems. Owners and operators of impressed current cathodic systems must conduct inspections every 60 days ( i. e., six times per year). Typically there is one impressed current system per site that needs to be inspected. Therefore, EPA estimates that 216,509 activities ( i. e., ( 95,625 USTs/ 2.65 USTs per facility) x 6 = 216,509) will be conducted each year.

Facilities will have to maintain records of all cathodic protection system tests conducted over the three year period covered in this ICR ( i. e., 106,250). 12 In addition, facilities with USTs protected by impressed current cathodic systems will have to maintain the results of the last three inspections of the cathodic protection equipment ( i. e., ( 3/ 6) x 216,509 = 108,255). Thus, facilities will have to maintain a total of 215,514 records ( i. e., 106,250 + 108,255 = 214,505) associated with the inspection of cathodic protection systems.

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

Owners and operators also are required to maintain records for each repair made to an UST system. EPA estimates that 0.50 percent of USTs will be repaired each year, for a total of 3,542 repairs per year ( i. e., 0.005 x ( 675,000 + 33,333) = 3,542). EPA believes that tank owners and operators will incur additional O& M costs for tank and line 11 Based on EPA's best professional judgment.

12 Under section 280.31( b), facilities are required to maintain records of the last two inspections of the cathodic protection system, which are conducted every three years. This ICR assumes that one of these two inspections will be conducted by facilities during the three year period covered in this ICR. The ICR further assumes that the other inspection was already conducted, and that the results are already being maintained by the facilities. 52 inspections associated with tightness testing. The O& M cost for tightness testing is $ 505, which includes a $ 400 contractor fee for performing the test and $ 105 to cover the cost of the tank being out of service for one day ( i. e., lost profit).

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

( a4) Release Detection Owners and operators must have a compliant leak detection system installed at each UST. Section 280.43 describes acceptable methods and required maintenance activities. Owners and operators must record the results of tests or measurements at prescribed intervals. Table 4 presents EPA's estimates of the number of owners and operators choosing each detection system option and the information collection requirements associated with each option.

All 12,333 owners and operators of new UST facilities are expected to read the release detection regulations. 13 Since the methodologies set forth under inventory control, manual tank gauging, and automatic tank gauging ( § § 280.43( a) through ( c)) describe activities that UST operators perform as standard business practices, they are not burdened in this ICR. The Agency expects that all of the facilities using inventory control and facilities using manual tank gauging with tank tightness testing will perform the tank tightness test every five years. 14 Thus, EPA expects that, each year, facilities will perform tank tightness testing on 49,583 USTs with an inventory control system ( i. e., 247,917/ 5 = 49,583) and 12,750 USTs with a manual tank gauging with tank tightness testing system ( i. e., 63,750/ 5 = 12,750). EPA estimates that facilities will incur contractor related O& M costs of $ 505 for the cost of performing each tank tightness test. This O& M cost includes a $ 400 contractor fee for performing the test and $ 105 to cover the cost of the tank being out of service for one day ( i. e., lost profit).

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

14 EPA expects that all tanks will be tested every five years because the 1998 deadline required the shutdown of all tanks for which annual testing is required. 53 Table 4 Leak Detection Systems Installed at USTs Leak Detection System Estimated Percent of USTs Using System a, b Estimated Number of USTs Using System c Associated Information Collection Requirement( s) and Collection Frequencies Inventory control and tightness testing 35 247,917 Record daily inventory volume measurements ( standard business practice; therefore, there is no incremental labor burden); record monthly water level measurements ( standard business practice; there is no incremental labor burden)

Manual tank gauging with tank tightness testing 9 63,750 Record two consecutive weekly tank liquid level measurements, taken at the beginning and end of a minimum time period ( standard business practice; there is no incremental labor burden)

Manual tank gauging only ( i. e., without tank tightness testing) 5 35,417 Record two consecutive weekly tank liquid level measurements, taken at the beginning and end of a minimum time period ( standard business practice; there is no incremental labor burden)

Automatic tank gauging 66 467,500 Record results of monthly automatic product level monitoring; record results of daily inventory control tests ( automated activity; therefore there is no incremental labor burden)

Vapor monitoring 4 28,333 Record results of monthly vapor monitoring [ 10,192 facilities ( i. e., 28,333 USTs/ 2.78 USTs per facility)]

Groundwater monitoring 4 28,333 Record results of monthly groundwater monitoring [ 10,192 facilities ( i. e., 28,333 USTs/ 2.78 USTs per facility)]

Interstitial monitoring 25 177,083 Record results of monthly interstitial monitoring Other method ( e. g. statistical inventory reconciliation) 20 141,667 No activities specified in the Federal regulations. However, the implementing agency may specify certain activities to be conducted by owner or operator ( e. g., record test results). a Based on results of a 2003 Petroleum Equipment Institute ( PEI) survey. b Total will add up to more than 100%, since multiple release detection systems can be used in the same UST system. c Includes rounding error. 54 Those facilities that choose to comply with release detection requirements by using either vapor monitoring, groundwater monitoring, or interstitial monitoring methods will incur capital costs for monitoring equipment. 15 The cost of a vapor monitoring system ( control box with sensors), assuming an average of four 20 foot deep wells, amounts to an estimated $ 733 per facility. 16 The cost of a groundwater monitoring system is estimated at $ 469 per facility. 17 The cost of an interstitial monitoring system ( control box with sensors), including installation costs, is approximately $ 384 per tank. 18 Maintenance of the monitoring sensors is not considered a significant cost because maintenance of the sensors is inexpensive.

EPA estimates that 90 percent of facilities use pressurized piping delivery systems. These facilities are expected to use line leak detectors to detect catastrophic releases from piping. Thus, facilities are expected to conduct an annual line leak detector test for operability on 637,500 tanks ( i. e., 0.90 x ( 675,000 + 33,333) = 637,500). The cost of purchasing line leak detectors is not burdened in this ICR, since the use of these devices is considered a standard business practice.

EPA expects that, each year, an average of 254,666 UST facilities ( i. e., 242,333 existing facilities + 12,333 new facilities = 254,666 facilities) will maintain records of their test and measurement results, regardless of the release detection method used.

( a5) Release Reporting, Investigation, and Confirmation EPA estimates that each year, all 12,333 new UST owners and operators will read the regulations. EPA also estimates that each year, 9,792 owners and operators will suspect that a release has occurred from one of their USTs. 19 These owners and operators will gather information and submit a report on the suspected release. EPA estimates that 80 percent of these owners or operators ( i. e., 0.80 x 9,792 = 7,833) will determine that a release has indeed occurred. These owners and operators also must report spills or overfills that exceed 25 gallons of petroleum or the reportable quantity of hazardous waste. Spills and overfills of lesser quantities must be reported if a facility is unable to clean up the spill within 24 hours. EPA estimates that 1,000 such spills will occur each year.

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

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

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

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

19 These data are based on historical tank release records maintained by EPA. 55 When characterizing a suspected leak, EPA believes that facilities will incur contractor related O& M costs associated with basic soil characterization work and lab analysis activities.

( a6) Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances EPA estimates that each year all 12,333 new UST owners and operators will read the regulations on release response. All 7,833 facilities confirming a release of more than 25 gallons must report information on the release. These facilities also must gather information and prepare and submit reports on initial abatement measures and initial site characterization. EPA assumes that facilities will incur O& M costs in preparing a summary report of the initial abatement steps based on information obtained from initial characterization activities. This activity could require additional sampling and analysis depending on the scope of the problem. EPA assumes that facilities will incur contractorrelated O& M costs in gathering, preparing, and submitting information for the initial site characterization, as this activity often requires sampling well borings and laboratory analyses.

EPA estimates that initial investigations at 20 percent of these facilities ( i. e., 0.20 x 7,833 = 1,567 facilities) will determine the presence of free product. These facilities must prepare and submit a free product removal report, thereby incurring contractorrelated O& M costs.

EPA also estimates that initial investigations at 40 percent of facilities with confirmed releases ( i. e., 0.40 x 7,833 = 3,133 facilities) will demonstrate that soil and groundwater investigations are warranted. These facilities are expected to gather information and prepare and submit a report. Facilities will incur further contractorrelated O& M costs preparing soil and groundwater investigation reports. Additional characterization work could be required depending on the scope of the release and the geology of the site.

EPA estimates that initial investigations at 30 percent of facilities with confirmed releases ( i. e., 0.30 x 7,833 = 2,350 facilities) will demonstrate that corrective action is warranted. These facilities must prepare and submit a corrective action plan and report on the results of corrective action implementation. EPA estimates that 10 percent of these facilities ( i. e., 0.10 x 2,350 = 235 facilities) will notify the implementing agency that they will begin corrective action before they receive corrective action plan approval. The Agency believes that facilities will incur contractor related O& M costs when preparing a corrective action plan and reporting ( quarterly) the results of a corrective action implementation plan. 56 ( a7) Out Of Service UST Systems and Closure EPA estimates that each year, all 12,333 new UST owners and operators will read the out of service UST systems and closure regulations.

EPA estimates that owners and operators will close 31,667 USTs each year ( see Table 2). Owners of these USTs must notify the implementing agency of closure, conduct an excavation zone assessment, and maintain closure records.

EPA estimates that facilities will incur contractor related O& M costs when conducting a site assessment of an excavation zone. EPA further estimates that 10 percent of these facilities ( i. e., 0.10 x 31,667 = 3,167 will not be able to maintain their records on site. These 3,1667 facilities must mail their closure records to the implementing agency each year.

( a8) Financial Responsibility EPA estimates that each year all 12,333 new UST owners and operators will read the financial responsibility regulations.

40 CFR Part 280, Subpart H requires owners and operators to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental UST releases. A current certificate of financial responsibility must be maintained at each site where USTs are located. 20 According to recent EPA data, approximately 80 percent of UST facilities ( i. e., 0.80 x 254,666 = 203,733 facilities) demonstrate financial responsibility through a State fund or other State assurance, with the remaining 20 percent of owners and operators ( i. e., 0.20 x 254,666 = 50,933 facilities) using one or more of the other mechanisms described in 40 CFR Part 280, Subpart H. All 254,666 facilities will have to perform the respondent activities associated with their financial responsibility mechanism, as described in Section 4 of this ICR, and keep on file a certification of financial responsibility. [ NOTE: This ICR covers the burden associated with these activities under section 280.110 ( reporting) and section 280.111 ( recordkeeping).]

In addition to maintaining financial responsibility records, an estimated 7,833 facilities will submit their records to EPA or the implementing agency under section 289.110( b) as a result of a release. EPA also expects five percent of the overall universe of facilities ( i. e., 0.05 x 254,666 = 12,733 facilities) to update the certification each year to reflect changes in their financial assurance mechanism.

20 While EPA has burdened the requirement to obtain financial assurance annually, it is expected that all existing UST owners and operators have already read the financial responsibility regulations. Therefore, this ICR burdens only owners and operators of new UST facilities ( 12,333 per year). 57 EPA estimates that providers of financial assurance will cancel or fail to renew policies at two percent of UST facilities ( i. e., 0.02 x 254,666 = 5,093 facilities) each year. EPA also estimates that 10 percent of those owners or operators experiencing a cancellation or non renewal ( i. e., 0.10 x 5,093 = 509 facilities) will be unable to obtain alternative financial coverage within 60 days and will notify the implementing agency of such failure.

EPA estimates that each year an additional two percent of UST facilities ( 5,093 facilities) will experience a disruption in financial coverage due to the bankruptcy of their financial provider. EPA estimates that 10 percent of those owners or operators experiencing such a disruption ( 509 facilities) will be unable to obtain alternative financial coverage within 60 days and will notify the implementing agency of such failure.

( 2) State Program Approval Procedures 40 CFR Part 281 outlines procedures that States must follow to obtain approval to implement their own UST program in lieu of the Federal program. Based on recent program data, EPA estimates that approximately six States and territories will apply for State program approval over the next three years ( i. e., two States or territories per year).

The two States applying for State program approval each year must submit an application to EPA for review under section 281.50. The application includes a transmittal letter, a description of the State program, information on enforcement procedures, a memorandum of agreement with EPA, an Attorney General's statement, and copies of State statutes and regulations.

All approved programs must maintain files and current information on program administration. Additionally, as there are currently 35 approved programs21, an average of 39 programs ( i. e., ( 37 + 39 + 41)/ 3), assuming that two programs receive program approval annually) will maintain files on program administration. Finally, EPA estimates that two States per year will be asked to submit this information.

EPA does not expect any States to submit revised program applications. EPA also does not expect any States to withdraw or transfer portions of their programs.

21 As of October 1, 2003, 33 States plus the District of Columbia and the Commonwealth of Puerto Rico have approved programs. 58 EXHIBIT 1 ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN TECHNICAL AND FINANCIAL REQUIREMENTS Hours and Costs Per Respondent Per Activity Total Hours and Costs Number Capital/ of Respon. Labor Startup O& M Respon. Total Total Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year PROGRAM SCOPE AND INTERIM PROHIBITION Reading the Regulations Read the regulations 0.25 0.25 0.25 0.25 1.00 $ 68.50 $ 0.00 $ 0.00 0 0 $ 0 Deferred UST System Installations ( 280.11( a))

Have a corrosion expert inspect the site 0.00 2.00 0.00 0.00 2.00 $ 156.00 $ 0.00 $ 417.00 0 0 $ 0 Maintain records 0.00 0.00 0.00 0.10 0.10 $ 2.90 $ 0.00 $ 0.10 0 0 $ 0 Subtotal varies varies varies varies varies varies varies varies varies 0 $ 0 Reading the Regulations Read the regulations 0.25 0.25 0.50 0.00 1.00 $ 75.50 $ 0.00 $ 0.00 12,333 12,333 $ 931,142 Performance Standards for New UST Systems  Tanks and Piping Without Corrosion Protection ( 280.20( a)( b))

Have a corrosion expert inspect the site  Facility 0.00 2.00 0.00 0.00 2.00 $ 156.00 $ 0.00 $ 417.00 0 0 $ 0 Have a corrosion expert inspect the site  Contractor 0.00 4.00 22.00 11.00 37.00 $ 1,955.00 $ 0.00 $ 0.00 0 0 $ 0 Maintain records 0.00 0.00 0.00 0.10 0.10 $ 2.90 $ 0.00 $ 0.10 0 0 $ 0 Certification of Installation ( 280.20( e))

Obtain and provide a certification of compliance of proper installation on the notification form 0.00 0.50 1.00 0.50 2.00 $ 110.50 $ 0.00 $ 0.00 33,333 66,666 $ 3,683,297 Periodic Lining Inspections ( 280.21)

Conduct internal tank inspection within ten years after lining and every five years thereafter  Contractor 0.00 0.00 6.00 0.00 6.00 $ 336.00 $ 0.00 $ 1,410.00 33,750 202,500 $ 58,927,500 Maintain records 0.00 0.00 0.00 0.10 0.10 $ 2.90 $ 0.00 $ 0.10 33,750 3,375 $ 101,250 Notification Requirements ( 280.22)

Prepare and submit forms within 30 days of bringing an UST system into use 0.00 0.00 0.50 0.00 0.50 $ 28.50 $ 0.00 $ 0.38 33,333 16,667 $ 962,657 Notify purchaser of an UST of owner's notification obligations 0.25 0.25 0.50 0.25 1.25 $ 82.75 $ 0.00 $ 0.38 33,750 42,188 $ 2,805,638 Subtotal varies varies varies varies varies varies varies varies varies 343,729 $ 67,411,484 UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, AND NOTIFICATION 59 EXHIBIT 1 ( continued)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN TECHNICAL AND FINANCIAL REQUIREMENTS Hours and Costs Per Respondent Per Activity Total Hours and Costs Number Capital/ of Respon. Labor Startup O& M Respon. Total Total Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year GENERAL OPERATING REQUIREMENTS Reading the Regulations Read the regulations 0.25 0.25 0.50 0.00 1.00 $ 75.50 $ 0.00 $ 0.00 12,333 12,333 $ 931,142 Operation and Maintenance of Corrosion Protection ( 280.31)

Have a qualified tester conduct inspection for all cathodic protection systems within six months of installation, at least every three years thereafter, and within six months of the repair of any cathodically protected system 0.00 0.10 0.15 0.00 0.25 $ 16.35 $ 0.00 $ 255.00 106,250 26,563 $ 28,830,938 Conduct inspection for impressed current cathodic protection systems every 60 days 0.00 0.10 0.15 0.00 0.25 $ 16.35 $ 0.00 $ 0.00 206,385 51,596 $ 3,374,395 Maintain records 0.00 0.00 0.00 0.10 0.10 $ 2.90 $ 0.00 $ 0.10 209,443 20,944 $ 628,329 Maintenance of Repair Records ( 280.33)

Gather information on each repair 0.00 0.00 1.00 0.00 1.00 $ 57.00 $ 0.00 $ 0.00 3,542 3,542 $ 201,894 Conduct tightness testing 30 days after repair 0.00 0.25 0.15 0.25 0.65 $ 35.30 $ 0.00 $ 505.00 3,542 2,302 $ 1,913,743 Maintain records 0.00 0.00 0.00 0.10 0.10 $ 2.90 $ 0.00 $ 0.10 3,542 354 $ 10,626 Subtotal varies varies varies varies varies varies varies varies varies 117,634 $ 35,891,067 RELEASE DETECTION Reading the Regulations Read the regulations 0.50 0.50 1.00 0.00 2.00 $ 151.00 $ 0.00 $ 0.00 12,333 24,666 $ 1,862,283 Release Detection for Tanks ( 280.43)

Inventory Control Record delivery, dispensing and inventory measurements on a daily basis 0.00 0.00 0.25 0.00 0.25 $ 14.25 $ 0.00 $ 0.00 0 0 $ 0 Record monthly water level measurements, reconcile measurements monthly 0.00 0.00 0.00 0.50 0.50 $ 14.50 $ 0.00 $ 0.00 0 0 $ 0 Perform tank tightness testing 0.00 0.25 0.15 0.25 0.65 $ 35.30 $ 0.00 $ 505.00 49,583 32,229 $ 26,789,695 Record monthly water level measurements, reconcile measurements monthly 0.00 0.00 0.00 0.50 0.50 $ 14.50 $ 0.00 $ 0.00 0 0 $ 0 Record weekly tank liquid level measurements 0.00 0.00 0.00 0.05 0.05 $ 1.45 $ 0.00 $ 0.00 0 0 $ 0 Perform tank tightness testing 0.00 0.25 0.15 0.25 0.65 $ 35.30 $ 0.00 $ 505.00 12,750 8,288 $ 6,888,825 Manual Tank Gauging with Tank Tightness Testing 60 EXHIBIT 1 ( continued)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN TECHNICAL AND FINANCIAL REQUIREMENTS Hours and Costs Per Respondent Per Activity Total Hours and Costs Number Capital/ of Respon. Labor Startup O& M Respon. Total Total Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year Record monthly water level measurements, reconcile measurements monthly 0.00 0.00 0.00 0.50 0.50 $ 14.50 $ 0.00 $ 0.00 0 0 $ 0 Record weekly tank liquid level measurements 0.00 0.00 0.00 0.05 0.05 $ 1.45 $ 0.00 $ 0.00 0 0 $ 0 Record results of monthly automatic product level monitoring tests 0.00 0.00 0.05 0.00 0.05 $ 2.85 $ 0.00 $ 0.00 0 0 $ 0 Record daily inventory volume measurements 0.00 0.00 0.02 0.00 0.02 $ 1.14 $ 0.00 $ 0.00 0 0 $ 0 Record results of monthly vapor monitoring 0.00 0.00 1.67 0.00 1.67 $ 95.19 $ 733.00 $ 0.00 10,192 17,021 $ 8,440,912 Record results of monthly ground water monitoring 0.00 0.00 1.67 0.00 1.67 $ 95.19 $ 469.00 $ 0.00 10,192 17,021 $ 5,750,224 Record results of monthly interstitial monitoring 0.00 0.00 0.60 0.00 0.60 $ 34.20 $ 384.00 $ 0.00 177,083 106,250 $ 74,056,111 Prepare and submit a demonstration of the effectiveness of an alternative technology 0.00 2.00 8.00 1.00 11.00 $ 641.00 $ 0.00 $ 3.64 0 0 $ 0 Release Detection for Piping ( 280.44)

Conduct annual test of the operation of the automatic line leak detector in accordance with the manufacturer's requirements 0.00 0.00 0.25 0.00 0.25 $ 14.25 $ 0.00 $ 0.00 637,500 159,375 $ 9,084,375 Record results of annual line leak detection test 0.00 0.00 0.05 0.00 0.05 $ 2.85 $ 0.00 $ 0.00 637,500 31,875 $ 1,816,875 Release Detection Recordkeeping ( 280.45)

Maintain records for specified time periods 0.00 0.00 0.00 1.00 1.00 $ 29.00 $ 0.00 $ 0.00 254,666 254,666 $ 7,385,314 Subtotal varies varies varies varies varies varies varies varies varies 651,391 $ 142,074,614 RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION Reading the Regulations Read the regulations 0.25 0.25 0.50 0.00 1.00 $ 75.50 $ 0.00 $ 0.00 12,333 12,333 $ 931,142 Reporting of Suspected Releases ( 280.50)

Gather information  Facility 0.00 1.00 4.00 0.00 5.00 $ 306.00 $ 0.00 $ 2,653.00 9,792 48,960 $ 28,974,528 Gather information  Contractor 0.00 5.00 31.00 15.00 51.00 $ 2,686.00 $ 0.00 $ 0.00 9,792 499,392 $ 26,301,312 Report the suspected release 0.00 0.25 0.00 0.00 0.25 $ 19.50 $ 0.00 $ 0.38 9,792 2,448 $ 194,665 Reporting and Cleanup of Spills and Overfills ( 280.53)

Report fill or overfill within 24 hours if over 25 gallons or the reportable quantity 0.00 0.50 0.00 0.00 0.50 $ 39.00 $ 0.00 $ 0.38 7,833 3,917 $ 308,464 Notify the implementing agency if unable to cleanup a spill less than 25 gallons or the reportable quantity 0.00 0.50 0.00 0.00 0.50 $ 39.00 $ 0.00 $ 0.38 1,000 500 $ 39,380 Subtotal varies varies varies varies varies varies varies varies varies 567,550 $ 56,749,491 Alternative Technology Ground Water Monitoring Inerstitial Monitoring Automatic Tank Gauging Vapor Monitoring Manual Tank Gauging Only ( without Tank Tightness Testing) 61 EXHIBIT 1 ( continued)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN TECHNICAL AND FINANCIAL REQUIREMENTS Hours and Costs Per Respondent Per Activity Total Hours and Costs Number Capital/ of Respon. Labor Startup O& M Respon. Total Total Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES Reading the Regulations Read the regulations 0.50 0.50 1.00 0.00 2.00 $ 151.00 $ 0.00 $ 0.00 12,333 24,666 $ 1,862,283 Initial Response ( 280.61( a))

Report the confirmed release by telephone or electronic mail 0.00 0.50 0.50 0.00 1.00 $ 67.50 $ 0.00 $ 0.00 7,833 7,833 $ 528,728 Initial Abatement Measures Report and Site Check ( 280.62( a)( b))

Gather information during initial abatement 0.00 3.00 1.00 0.00 4.00 $ 291.00 $ 0.00 $ 811.00 7,833 31,332 $ 8,631,966 Prepare and submit summary report of initial abatement steps  Facility 0.50 1.50 1.00 0.00 3.00 $ 229.00 $ 0.00 $ 331.00 7,833 23,499 $ 4,386,480 Prepare and submit summary report of initial abatement steps  Contractor 0.00 4.00 27.00 13.00 44.00 $ 2,309.00 $ 0.00 $ 0.00 7,833 344,652 $ 18,086,397 Initial Site Characterization ( 280.63)

Gather information for initial site characterization  Facility 0.00 6.00 1.00 0.00 7.00 $ 525.00 $ 0.00 $ 3,134.00 7,833 54,831 $ 28,660,947 Gather information for initial site characterization  Contractor 0.00 9.00 54.00 27.00 90.00 $ 4,734.00 $ 0.00 $ 0.00 7,833 704,970 $ 37,081,422 Prepare and submit information per instructions 0.50 1.50 1.00 0.00 3.00 $ 229.00 $ 0.00 $ 436.00 7,833 23,499 $ 5,208,945 Free Product Removal ( 280.64)

Gather information for free product removal report  Facility 0.00 1.50 3.25 0.00 4.75 $ 302.25 $ 0.00 $ 384.00 1,567 7,443 $ 1,075,354 Gather information for free product removal report  Contractor 0.00 6.00 38.00 19.00 63.00 $ 3,305.00 $ 0.00 $ 0.00 1,567 98,721 $ 5,178,935 Prepare and submit report 0.50 1.00 0.00 0.00 1.50 $ 133.00 $ 0.00 $ 131.00 1,567 2,351 $ 413,688 Investigations for Soil and Groundwater Cleanup ( 280.65)

Gather information for investigation report  Facility 0.00 2.00 0.00 0.00 2.00 $ 156.00 $ 0.00 $ 2,982.00 3,133 6,266 $ 9,831,354 Gather information for investigation report  Contractor 0.00 10.00 69.00 31.00 110.00 $ 5,801.00 $ 0.00 $ 0.00 3,133 344,630 $ 18,174,533 Submit collected information 0.50 0.75 0.00 0.00 1.25 $ 113.50 $ 0.00 $ 387.00 3,133 3,916 $ 1,568,067 Corrective Action Plan ( 280.66)

Prepare and submit corrective action plan or additional information  Facility 2.00 2.25 0.00 0.00 4.25 $ 395.50 $ 0.00 $ 962.00 2,350 9,988 $ 3,190,125 Prepare and submit corrective action plan or additional information  Contractor 0.00 20.00 78.00 39.00 137.00 $ 7,391.00 $ 0.00 $ 0.00 2,350 321,950 $ 17,368,850 Notify implementing agency of early cleanup 0.00 0.50 0.00 0.00 0.50 $ 39.00 $ 0.00 $ 0.38 235 118 $ 9,254 Report results of implementing plan  Facility 2.00 2.75 0.00 0.00 4.75 $ 434.50 $ 0.00 $ 696.00 2,350 11,163 $ 2,656,675 Report results of implementing plan  Contractor 0.00 8.00 37.00 19.00 64.00 $ 3,407.00 $ 0.00 $ 0.00 2,350 150,400 $ 8,006,450 Subtotal varies varies varies varies varies varies varies varies varies 2,172,228 $ 171,920,453 62 EXHIBIT 1 ( continued)

ANNUAL ESTIMATED RESPONDENT HOUR AND COST BURDEN TECHNICAL AND FINANCIAL REQUIREMENTS Hours and Costs Per Respondent Per Activity Total Hours and Costs Number Capital/ of Respon. Labor Startup O& M Respon. Total Total Legal Managerial Technical Clerical Hours/ Cost/ Costs per Costs/ or Hours/ Cost/

Information Collection Activity Hours Hours Hours Hours Activity Activity Activity Activity Activ. Year Year OUT OF SERVICE UST SYSTEMS AND CLOSURE Reading the Regulations Read the regulations 0.25 0.25 0.50 0.00 1.00 $ 75.50 $ 0.00 $ 0.00 12,333 12,333 $ 931,142 Permanent Closure and Change In Service Notification ( 280.71( a))

Notify the implementing agency of permanent closure or change in service 0.00 0.25 0.00 0.00 0.25 $ 19.50 $ 0.00 $ 0.38 31,667 7,917 $ 629,540 Conduct site assessment of excavation zone  Facility 0.00 2.75 0.00 0.00 2.75 $ 214.50 $ 0.00 $ 2,433.00 31,667 87,084 $ 83,838,383 Conduct site assessment of excavation zone  Contractor 0.00 6.00 40.00 18.00 64.00 $ 3,380.00 $ 0.00 $ 0.00 31,667 2,026,688 $ 107,034,460 Closure Records ( 280.74)

Maintain records after permanent closure or change in service for at least three years 0.00 0.00 0.00 0.10 0.10 $ 2.90 $ 0.00 $ 0.10 31,667 3,167 $ 95,001 Mail records to implementing agency if they cannot be maintained on site 0.00 0.00 0.00 0.50 0.50 $ 14.50 $ 0.00 $ 3.64 3,167 1,584 $ 57,449 Subtotal varies varies varies varies varies varies varies varies varies 2,138,773 $ 192,585,975 FINANCIAL RESPONSIBILITY Reading the Regulations Read the regulations 0.50 0.50 1.00 0.00 2.00 $ 151.00 $ 0.00 $ 0.00 12,333 24,666 $ 1,862,283 Cancellation or Nonrenewal by a Provider of Financial Assurance ( 280.109)