United States Office of Ground Water EPA/816-R-99-014x Environmental and Drinking Water (4601) September 1999 Protection Agency The Class V Underground Injection Control Study Appendices ------- Appendix A Information Collection Request ------- The Class V Underground Injection Control Study April 1, 1998 The Class V Underground Injection Control Study I CR# 1834.01 April 1,1998 U.S. Environmental Protection Agency Office of Ground Water and Drinking Water ------- The Class V Underground Injection Control Study April 1, 1998 Contents A.1 Identification of the Information Collection A.1 .a Title of the Information Collection 1 A.1 .b Short Characterization/Abstract 1 A.2 Need for and Use of the Collection A.2.a Need/Authority for the Collection 3 A.2.b Practical Utility/Users of the Data 4 A.3 Nonduplication, Consultations, and Other Collection Criteria A.S.a Nonduplication 5 A.S.b Public Notice Required Prior to ICR Submission to OMB 6 A.S.c Consultations 6 A.S.d Effects of Less Frequent Collection 10 A.S.e Guidelines 10 A.S.f Confidentiality 10 A.S.g Sensitive Questions 10 A.4 The Respondents and the Information Requested A.4.a Respondents and SIC Codes 11 A.4.b Information Requested 15 A.5 The Information Collected-Agency Activities, Collection Methodology and Information Management A.S.a Agency Activities 18 A.S.b Collection Methodology and Management 18 A.S.c Small Entity Flexibility 19 A.S.d Collection Schedule 22 A.6 Estimating the Burden and Cost of the Collection A.S.a Estimating Respondent Burden 23 A.S.b Estimating Respondent Costs 25 Capital/Start-up and Operating and Maintenance (O&M) Costs 26 A.S.c Estimating Agency Burden and Cost 27 Estimating Agency Costs 27 Capital/Start-up and Operations and Maintenance Costs 28 A.S.d Estimating the Respondent Universe and Total Burden and Cost 28 A.S.e Bottom Line Burden Hours and Costs 29 A.S.f Reasons for Change in Burden 29 A.S.g Burden Statement 29 ------- The Class V Underground Injection Control Study April 1, 1998 Appendices Appendix A: 1997 Consent Decree with the Sierra Club 31 Appendix B: Executive Summary 32 Appendix C: Request for Data 33 Appendix D: Federal Register Notice 34 Exhibits Exhibit A-4-1: Subclasses of Class V Injection Wells 16 Exhibit A-4-2: Subclasses for Site Visits 18 Exhibit A-6-1: Respondent Collection of Existing Data Burden Hours 24 Exhibit A-6-2: Respondent Site Visit Burden Hours 25 Exhibit A-6-3: Respondent Collection of Existing Data Hours and Costs 26 Exhibit A-6-4: Respondent Site Visit Burden Hours and Costs 26 Exhibit A-6-5: Total Respondent Burden Hours 28 Exhibit A-6-6: Total Respondent Cost 29 Exhibit A-6-7: Bottom Line Burden Hours and Costs 29 ------- The Class V Underground Injection Control Study April 1, 1998 Part A of the Supporting Statement A.1 Identification of the Information Collection A.1 .a Title of the Information Collection The title of this Information Collection Request (ICR) is The Class V Underground Injection Control Study (ICR# 1834.01). A.1.b Short Characterization/Abstract The Environmental Protection Agency (EPA) Office of Ground Water and Drinking Water (OGWDW) will collect information on Class V injection wells. This information collection will be conducted to meet the requirements of the Safe Drinking Water Act (SDWA) and EPA's modified consent decree with the Sierra Club.1 The consent decree requires EPA to study Class V wells to determine if additional regulations for Class V injection wells are necessary to protect Underground Sources of Drinking Water (USDWs). The Sierra Club alleged that EPA had not satisfied the requirements of §1421 of the Safe Drinking Water Act (SDWA). Section 1421 requires EPA to publish proposed and final regulations which will prevent underground injection that endangers USDWs. EPA will collect information to complete the study and to determine the necessity for additional regulations. If EPA determines that additional regulations are necessary, then the information from this collection will also be used to develop them. This study will characterize the risk posed to USDWs nationwide by each subclass of Class V wells. To design the study, the Agency convened a workgroup of EPA and State Underground Injection Control (UIC) representatives. This workgroup will monitor the implementation of the study and help generate the final report of the study's findings. All methodologies have been, and will continue to be, developed through the consensus of the workgroup. Key elements of these methodologies will be peer reviewed. EPA will collect the following information on each subclass of Class V well: (1) State regulatory and permitting requirements, contamination incidents, and injectate constituents and concentrations; and (2) information on the number and location of wells. Two types of data collection will be used: (1) collection of existing information from State agencies, EPA Regional offices, organizations and businesses by mail, telephone, and file searches; and (2) enumeration of the number and types of wells in study areas collected by site visits to those areas. Data collected during this study will be analyzed and stored in databases 1Sierra Club v. Carol M. Browner. Civil Action No. 93-2644 NHJ, 1997. (Appendix A). 1 ------- The Class V Underground Injection Control Study April 1, 1998 maintained by OGWDW. For a more detailed discussion of the study design, refer to Appendix B, "Executive Summary." It is estimated that this information collection will have a total respondent burden of 1,634.25 hours and a total respondent cost of $45,557.50. There will be no capital/start-up or operation and maintenance (O&M) costs, and the collection will involve a one-time response of approximately 28 minutes each from 3,448 respondents. This is a one-time voluntary submission of information with no periodic reporting requirements. ------- The Class V Underground Injection Control Study April 1, 1998 A.2 Need for and Use of the Collection A.2.a Need/Authority for the Collection EPA is authorized to collect the data under §1421 of the SDWA. Section 1421 of the SDWA2 requires EPA to promulgate regulations which prevent underground injection that endangers USDWs. In January 1997, EPA entered into a consent decree with the Sierra Club,3 which alleged that EPA failed to comply with this section. According to section 2.c of the consent decree, EPA is required to conduct a study of Class V wells.4 Specifically, section 2.c states: No later than September 30, 1999, EPA shall complete a study of all Class V Wells not included in the rulemaking described in Paragraphs 2.a and 2.b.5 Based on the outcome of the study, EPA is required, by April 30, 2001, to publish a notice in the Federal Register either: (1) proposing regulations fully implementing §1421 with respect to all such Class V injection wells; (2) proposing a decision that no further rule making is necessary in order to fully discharge the Administrator's rule making obligations under §1421 with respect to such wells; or (3) proposing regulations fully implementing §1421 with respect to some of these remaining Class V injection wells, and proposing a decision that no further rule making is necessary to fully discharge the Administrator's rule making obligations under §1421 with respect to all other Class V injection wells not covered by Paragraphs 2.a and 2.b. The promulgation of regulations fully implementing §1421 is required by May 31, 2002. 2§1421 of the Safe Drinking Water Act (SDWA) 42 U.S.C.300h(a)(1). (Appendix B). 3Sierra Club v. Carol M. Browner. Civil Action No. 93-2644 NHJ, 1997. 4For the highest risk Class V wells, the Consent Decree requires EPA to publish final regulations by July 31, 1999. Paragraph 2.a requires, in part that: The Administrator shall sign a notice to be published in the Federal Register proposing to discharge the Administrator's rulemaking obligations under section 1421 of the SDWA, 42 U.S.C. 300h, with respect to those Class V injection wells determined to be highest risk by the Administrator and for which additional study is not necessary. Paragraph 2.b requires that by July 31, 1999 the Administrator publish a notice in the Federal Register fully discharging his/her rulemaking obligations in accordance with the requirements in the above paragraph. ------- The Class V Underground Injection Control Study April 1, 1998 A.2.b Practical Utility/Users of the Data The results of this study will be used by EPA to determine whether additional regulations are needed for Class V wells and to develop regulations for those wells that pose significant threats to USDWs. Specifically, EPA will use the following information from this study: • Current regulatory and permitting requirements and contamination incidents to determine the appropriate level of new regulation, if necessary. According to §1421(b)(3)(B) of the SDWA, EPA shall not prescribe regulations that unnecessarily disrupt existing State regulations. • Sampling data that characterize well injectate to estimate the risk that Class V well types (subclasses) pose to USDWs. • The number of wells to determine the nationwide prevalence of each Class V subclass. This information will be used in combination with the risk characterization of each well subclass to determine the need for additional regulations. • The location of wells to determine the population currently using ground water in the vicinity of these wells. • The data on industrial wells, automotive service station wells and cesspools will assist EPA in determining whether current Class V regulatory efforts should continue to focus on Source Water Protection Areas or be extended statewide. EPA will compile the results of the study in a final report that will be available to the public. The report will include information on the number, location, and risk of each subclass of Class V injection well. The information will have practical utility for the States as well as EPA. UIC Programs can use the information for regulatory program development, public education, and outreach. ------- The Class V Underground Injection Control Study April 1, 1998 A.3 Nonduplication, Consultations, and Other Collection Criteria The following sections verify that this information collection satisfies the Office of Management and Budget's (OMB's) nonduplication and consultation guidelines, and other collection criteria. A.S.a Nonduplication The information required to complete the study on Class V injection wells is not duplicative of information otherwise available to EPA. Some of the sources consulted to verify this are: 7987 Report to Congress-Class V Injection Wells. EPA consulted its 1987 Report to Congress-Class V Injection Wells, which provides information on each type of Class V injection well. The report, however, does not provide information that EPA needs to assess the nationwide risk that Class V injection wells pose to USDWs. In addition, the report does not provide reliable data on the number of wells by subclass. • 1996 Underground Injection Control (UIC) Program Inventory. EPA consulted the 1996 UIC Program Inventory which provides State-by-State data on the number of Class V injection wells. Like the 1987 Report to Congress, however, the information is incomplete. • Literature Review. EPA thoroughly reviewed available literature on Class V injection wells. The amount of information available in the literature varies widely depending on the type of injection well. Additionally, the literature generally presents case studies that cannot be generalized to an entire subclass of wells. With the exception of the ICR for the Class V regulation, there are no studies that estimate the number of wells, or assess the risk of well subclasses on a national basis. Some information is available. For a few subclasses, the literature provides information on whether wells pose threats to USDWs in certain geographic areas. Shallow Injection Well Initiative (Class V) Reports-Demonstration Projects. From 1991-1994, EPA conducted a series of projects designed to inventory Class V wells in selected areas, determine the threat to USDWs from Class V wells, and determine the best methods to manage the wells. While these studies provide useful information, some focus on a single injection facility while others provide inventory information that does not differentiate between subclasses of injection wells. The inventories generally ------- The Class V Underground Injection Control Study April 1, 1998 were conducted to assess the validity of inventory methods. For example, an inventory of Class V injection wells in New Jersey was conducted by mailing a questionnaire to 688 businesses or towns. Only 275 of the questionnaires were returned, however, and the accuracy of the responses may be questionable. • Drinking Water Contamination by Shallow Injection Wells-100 Contamination Incidents. This 1991 EPA report summarized approximately 100 contamination incidents from Class V injection wells that were either described in the academic literature or were known to government officials. The information in this report, however, is not only dated, but it also does not identify the location or incidence of the well subclasses nationwide. These sources of information have been used in designing the study and for background information on Class V wells. A.S.b Public Notice Required Prior to ICR Submission to OMB EPA published a notice in the Federal Register (62 Federal Register 243) on December 18, 1997 announcing a 60-day public comment period. (Appendix D). All comments were considered in determining the respondent burden estimate. A.3.c Consultations In the spring and summer of 1997, EPA met with UIC Program staff in selected States and EPA Regional UIC offices to obtain information on Class V UIC Programs. These meetings were held to discuss alternative methodologies for conducting the Class V UIC study; collect information from States on UIC program priorities, regulations and permitting requirements for Class V wells, and contamination incidents; and to review the quality of estimates of the number of Class V wells in each State. State and Regional UIC staff discussed their program priorities and the steps they take to address priority Class V subclasses. EPA held meetings in Massachusetts, Ohio, South Carolina, Iowa, EPA Region 3 (which implements the UIC Programs in Pennsylvania, Virginia, and the District of Columbia), and EPA Region 9 (which implements UIC Programs in Arizona, California, Hawaii, and for Native American communities, American Samoa, and Guam). A list of the participants is provided below.7 7People who participated in both the site visits and the Class V workgroup are listed once in the table of Class V workgroup participants on the following pages. ------- The Class V Underground Injection Control Study April 1, 1998 STATE AND REGIONAL CONSULTATION MEETING PARTICIPANTS NAME REGION 3 MEETING Karen Johnson Mark Nelson Roger Reinhart REGION 9 MEETING Laura Tom Bose Joaquin Cruz Shannon Fitzgerald Elizabeth Janes Ephraim Leon-Guerrero Gregg Olson Alisa Wong Russ Land AFFILIATION U.S. EPA Region 3 U.S. EPA Region 3 U.S. EPA Region 3 U.S. EPA Region 9 U.S. EPA Region 9 U.S. EPA Region 9 U.S. EPA Region 9 U.S. EPA Region 9 U.S. EPA Region 9 U.S. EPA Region 9 Nevada Dept. Of Environmental Protection PHONE (215)566-5445 (215)566-5445 (215)566-5462 (415)744-1835 (415)744-1839 (415)744-1830 (415)744-1834 (415)744-1305 (415)744-1828 (415)744-1842 (702) 687-4670 MASSACHUSETTS MEETING Dave Delaney Dave Terry Tom Lamonte Ron Stelline U.S. EPA Region 1 Massachusetts Dept. of Environmental Protection Massachusetts Dept. of Environmental Protection Massachusetts Dept. of Environmental Protection (617)565-4884 (617)292-5529 (617)292-5529 (617)292-5889 OHIO MEETING Ross Micham Mary Lou Rochotte Valerie Orr U.S. EPA Region 5 Ohio EPA Ohio EPA SOUTH CAROLINA MEETING Nancy Marsh U.S. EPA Region 4 (312)886-4237 (614)664-2270 (614)664-2270 (404) 562-9450 ------- The Class V Underground Injection Control Study April 1, 1998 NAME Jim Hess Rob Devlin AFFILIATION South Carolina Dept. Of Health and Environmental Control South Carolina Dept. Of Health and Environmental Control PHONE (803) 734-4672 (803) 734-4672 IOWA MEETING Dean W. Lemke Jack Reissen Dennis Alt James L. Baker Iowa Dept. Of Agriculture and Land Stewardship Iowa Dept. of Natural Resources Iowa Dept. of Natural Resources Iowa State University (515)281-6146 (515)281-5029 (515)281-8998 (515)294-4025 In addition to holding these meetings, EPA convened a UIC Class V Study Workgroup. The workgroup includes representatives of EPA Headquarters, EPA Regions, and several State UIC Programs. The Class V Study Workgroup developed the basic framework for the study and the strategies for obtaining information. The approach for the study presented in this ICR is based on workgroup consensus. The workgroup will assist in the implementation of the study. In addition, the workgroup will help design the final report. The workgroup members are listed below. UNDERGROUND INJECTION CONTROL CLASS V WORKGROUP NAME AFFILIATION EPA HEADQUARTERS STAFF Clive Davies U.S. EPA Headquarters Anhar Karimjee U.S. EPA Headquarters EPA REGIONAL STAFF Dave Delaney Norma Ortega Mark Nelson U.S. EPA Region 1 U.S. EPA Region 2 U.S. EPA Region 3 PHONE (202)260-1421 (202) 260-3862 (617)565-4884 (212)637-4234 (215)566-5461 8 ------- The Class V Underground Injection Control Study April 1, 1998 NAME Jeanne Dove Napoleon Kotey Rebecca Harvey Helen Lenart Ross Micham John Taylor Kurt Hildebrandt Valois Shea-Albin Elizabeth Janes Jonathan Williams AFFILIATION U.S. EPA Region 4 U.S. EPA Region 4 U.S. EPA Region 5 U.S. EPA Region 5 U.S. EPA Region 5 U.S. EPA Region 5 U.S. EPA Region 7 U.S. EPA Region 8 U.S. EPA Region 9 U.S. EPA Region 10 STATE REPRESENTATIVES Sarah Pillsbury David Watkins Richard Deurling Jamie Crawford Melonie Elvebak Mary Lou Rochotte Steve Musick Mike Cochran Scott Radig Mark Slifka New Hampshire Dept. of Environmental Services West Virginia Dept. of Environmental Protection Florida Dept. of Environmental Regulations Mississippi Dept. of Environmental Quality Minnesota Pollution Control Agency Ohio EPA Texas Natural Resources Conservation Commission Kansas Dept. of Health and Environment North Dakota Dept. Of Health Idaho Dept. of Water Resources PHONE (404)562-9415 (404) 562-9461 (312)886-6594 (312)353-6058 (312)886-4237 (312)886-4299 (913)551-7413 (303)312-6312 (415)744-1834 (206)553-1369 (603)271-1168 (304)558-2108 (904) 488-3601 (601)961-5354 (612)296-7764 (614)644-2770 (512)239-4514 (913)296-5560 (701)221-5210 (208) 327-7887 ------- The Class V Underground Injection Control Study April 1, 1998 EPA also consulted with Dan Fraser, a registered Professional Engineer, former Administrator of a State drinking water program, and former president of the Association of State Drinking Water Administrators. Mr. Fraser conducted a single-site field test of the methodology for conducting site visits where staff counted the number and type of wells in a geographic area. He evaluated the burden estimates in this ICR, and his comments were incorporated into this document. EPA will also issue a general call for any sampling data, data on injectate constitu- ents, or any other information that may be useful in determining the risk from Class V wells. This call for information will be posted on the Internet web sites of EPA and various professional and academic organizations. A letter requesting information will also be mailed to these same organizations. A.S.d Effects of Less Frequent Collection This is a one-time data collection activity and does not involve periodic reporting or record keeping. A.S.e Guidelines This collection does not violate guidelines for information collection activities specified by OMB. A.3.f Confidentiality No assurances of confidentiality will be provided to those who participate in the data collection effort. A.S.g Sensitive Questions This information collection does not ask questions pertaining to sexual behavior or attitudes, religious beliefs, or other matters usually considered private. 10 ------- The Class V Underground Injection Control Study April 1, 1998 A.4 The Respondents and the Information Requested A.4.a Respondents and SIC Codes As explained in the Executive Summary (Appendix B), there are two broad types of data collection for this study. First, data will be collected from State agencies and other organizations using a variety of collection methods—mail, phone, and file search. The objective of this effort will be to collect existing data on wells by subclass, including inventories, contamination incidents, State regulatory and permit- ting requirements, and injectate constituents and concentrations. Second, there will be site visits to census blocks or block groups to deter- mine the number and types of wells in those areas. Respondents to the Data Collection by Mail. Telephone, and File Search for Existing Data The following list shows the SIC codes of State agencies, organizations, and businesses that may respond to efforts to assemble existing data. SIC CODE CATEGORY POTENTIAL RESPONDENTS 1311-1389 Oil and Gas Extraction Oil Companies Natural Gas Companies 3585 Manufacturing of Air Conditioning Manufacturers of Heat Pumps and Air and Warm Air Heating Equipment Conditioning Units and Commercial and Industrial Refrigeration Equipment 11 ------- The Class V Underground Injection Control Study April 1, 1998 SIC CODE CATEGORY 8611 Business Associations 8621 Professional Membership Organizations 8733 Noncommercial Research Organizations 9199 Government, Not Elsewhere Classified 9311 Public Finance, Taxation and Monetary Policy 9431 Administration of Public Health Programs POTENTIAL RESPONDENTS Corporate Commissions National Ground Water Protection Council International Ground Source Heat Pump Association National Water Resources Association Geothermal Heat Pump Consortium Automobile Dealers/Service Station Associations Automotive Parts Manufacturers Associations Plastics Industry Associations Petroleum Associations Crematoria Associations Carwash Associations Transportation Associations Contractors/Builders Associations Veterinary Associations National Funeral Directors Association Oceanic Studies Institute Geothermal Resources Council Electric Power Research Institute Public Works Departments State Tax Commissions State Health Departments Local Health Departments County/City Sanitarians 12 ------- The Class V Underground Injection Control Study April 1, 1998 SIC CODE CATEGORY 9511 9512 9631 9641 9651 Air and Water Resource and Solid Waste Management Land, Mineral, Wildlife and Forest Conservation Regulation and Administration of Communications, Electric, Gas and Other Utilities Regulation of Agricultural Marketing and Commodities Regulation, Licensing and Inspection of Miscellaneous Commercial Sectors POTENTIAL RESPONDENTS State Environmental Quality Agencies State Water Quality Divisions State Ground and Drinking Water Programs State Coastal Commissions State Oceanic Divisions State Hazardous Waste Divisions State Underground Storage Tank Programs State Site Remediation Programs State Bureaus of Land Management State Geological Surveys State Oil and Gas Divisions State Energy Divisions State Departments of Agriculture State Bureaus of Mines State Departments of Mining and Economic Geology State Environmental Permitting Programs State UIC Programs There are 37 States that have primary enforcement responsibility (Primacy) for their UIC Programs. These programs are likely to be among the best sources of State-level information. For Direct Implementation (Dl) States (those States without Primacy for their Class V UIC programs), the corresponding agency is the UIC Program in the EPA Regional office. 13 ------- The Class V Underground Injection Control Study April 1, 1998 Other State Agencies If the UIC Programs do not have all of the necessary information on all types of injection wells, EPA will contact other State agencies. For example, EPA will contact State mining divisions to get information on mining backfill wells and agricultural departments for information on agricultural drainage wells. Other Entities If information is not available from State agencies or EPA Regional offices, EPA will contact non-governmental entities. For example, the Oceanic Studies Institute may have information on aquaculture return flow wells. Respondents to the Data Collection by Site Visits EPA plans to use a mathematical model to estimate the number of agricultural drainage wells, storm water drainage wells, large-capacity septic systems, and certain lower risk industrial wells. The model also may be used for other subclasses if data collection by mail, telephone and file search proves unsuccessful for those well types. The following potential respondents (listed with their corresponding SIC codes) will participate in the site visits. SIC CODE CATEGORY POTENTIAL RESPONDENTS 9532 Administration of Urban Planning Local Planning Departments and County and Rural Development 9641 Regulation of Agricultural County Extension Agents Marketing and Commodities The model predicts the number of wells by subclass in a geographic area as a function of certain independent variables (e.g., the number of storm water wells may be a function of population density, presence or absence of storm sewers, and the presence or absence of karst, fractured bedrock, and poorly drained soils). Data for the independent variables will be derived from the census and other sources that can be linked to census geographical units. Data for the dependent variable (number of wells by subclass) will be obtained from the site visits. 14 ------- The Class V Underground Injection Control Study April 1, 1998 To collect the information on the dependent variable for the model, EPA plans to conduct up to 150 site visits to geographic areas (census blocks, block groups, or combinations of block groups). In each area, contractor site visit teams will enumerate the number of wells by subclass. Government Officials The site visit teams will contact government officials prior to (or at the time of) the site visit. The site visit teams will come equipped with some information on the local area (e.g., maps), but the visits will be facilitated if the teams can obtain better local maps, aerial photos of the area, and other information on likely sites for injection wells. Therefore, the teams will request such information from government officials. These officials may be from a State agency. More likely, they will be from a local planning department or a county extension service. Protocol may dictate that other government officials (in addition to the government officials who will be collecting and providing information) be notified of the site visits. Since EPA will not be asking these officials any questions, they are not considered in the estimation of respondent burden. Private Individuals The site teams may contact private individuals during the site visits. A comprehensive list of the potential respondents and their SIC codes is not included in this request because of the wide range of individuals that will be contacted. Those consulted may include store owners, farm owners, car wash managers, laundromat owners, school principals, church officials, mall owners, and other private individuals who own or have information about Class V wells on a particular piece of property. These individuals will be consulted for only a few minutes and are not required to submit any additional information subsequent to the site visit. A.4.b Information Requested This information collection does not impose a record keeping burden. No adjustments need to be made to current record keeping practices, and the collection does not increase record keeping requirements. 15 ------- The Class V Underground Injection Control Study April 1, 1998 Collection of Existing Data by Mail, Telephone, and File Searches For each subclass of well listed in Exhibit A-4-1, EPA will request: • Current regulatory and permitting requirements, including permit application procedures; siting, construction, operation, monitoring, and reporting requirements; plugging and abandonment procedures. • Injectate constituents and concentrations, including details on sampling (e.g., what entity conducted the sampling, when, under what conditions—such as wet weather, and whether the sample was statistically representative). • Information on contamination incidents including the date of the incident; a brief description of the incident and remedial action taken. • Number of wells including the source of the data and the date that the inventory was last updated. Location of each well, using latitude and longitude, county, or zip code. Exhibit A-4-1 Subclasses of Class V Injection Wells Electric power return flow wells Direct heat return flow wells Heat pump/AC return flow wells Aquaculture waste disposal wells Wastewater treatment effluent wells Aquifer recharge wells Aquifer storage and recovery wells Salt water intrusion barrier wells Subsidence control wells Mining, sand, and other backfill wells Motor vehicle waste disposal wells Experimental wells Special drainage wells Non-contact cooling water return flow wells Solution mining wells In-situ fossil fuel recovery wells Spent brine return flow wells Agricultural drainage wells Storm water drainage wells Large-capacity septic systems Aquifer remediation wells Cesspools Industrial wells 16 ------- The Class V Underground Injection Control Study April 1, 1998 Industrial wells, motor vehicle waste disposal wells, and cesspools are currently being addressed by other EPA regulatory efforts. In order to assist EPA in determining where these regulations should apply (in Source Water Protection Areas vs. statewide), EPA will collect all of the above information except the number and location of the wells. The number and location of these wells are not needed because estimates were developed for other Class V efforts. EPA will also gather ground water and drinking water contaminant occurrence data from the States. EPA will be able to gather most of this information from Federal agencies, but will need to contact State drinking water programs and geological surveys to complete this portion of the collection. To assemble the information requested, respondents will need to access their files (both hard-copy and electronic). EPA has prepared a letter that specifies the information to be requested from these respondents (Appendix C). This letter will be followed by telephone calls from EPA contractor staff to answer questions and assist the respondents. Respondents can submit copies of relevant hard-copy or electronic files, or they can invite contractor staff to come to their offices and search their files. To reduce burden, EPA will accept information in any form. To further reduce burden, EPA anticipates traveling to more than half of the States to collect this information by searching State agency files. EPA is pre-testing this data collection methodology and will report on the results of this pre-test. Data Collection by Site Visits A model will be created to estimate the number of wells nationwide for the well subclasses presented in Exhibit A-4-2 (refer to Appendix B for a description of the model). If data are insufficient for other well subclasses, EPA may use the model for up to three additional well subclasses. To construct this model, EPA will conduct up to 150 site visits to geographic areas (census blocks, block group, or combinations of block groups). Governmental respondents will be asked to provide detailed maps of the area for review and to share any information that they have on the potential location of injection wells. Private respondents will be property owners, who may be asked a few brief questions (e.g., whether a potential injection well is connected to a sewer). For much of the data collection, there will be no respondents at all. The purpose of the site visits is to inspect the area, identify injection wells, and enumerate the wells by subclass. Indeed, the most likely interaction with people during the site visits will be asking for permission to inspect a well. We believe that this type of interaction does not constitute burden under the Paperwork Reduction Act. 17 ------- The Class V Underground Injection Control Study April 1, 1998 Exhibit A-4-2 Subclasses for Site Visits Agricultural drainage wells Stormwater drainage wells Large-capacity septic systems A.5 The Information Collected-Agency Activities, Collection Methodology and Information Management A.S.a Agency Activities EPA activities associated with the Class V UIC Study will consist of the following: • Creating a letter requesting data from State agencies and EPA regional offices. This will specify the information we expect to obtain using mail, telephone, and file searches. • Contacting the respondents and explaining the information request. • Conducting site visits. • Auditing information to assess quality. • Compiling and storing the data. • Analyzing the data. • Preparing a report of the findings and conclusions. A.S.b Collection Methodology and Management Collection of Existing Information by Mail, Telephone, or File Searches The most likely respondents for this type of information collection will be State agencies or EPA Regional offices. Occasionally, EPA will use this method to collect information from organizations. Based on advice from the UIC Class V Workgroup and conversations with State officials, EPA believes that flexibility is vital to efficient collection. 18 ------- The Class V Underground Injection Control Study April 1, 1998 Therefore, EPA is prepared to use several methods to collect the information. EPA has created a letter request for data (Appendix C). States can respond by mail, telephone, or e-mail. EPA is prepared to accept the data in any format that the State chooses. Contractor staff will use telephone follow-up to clarify information. Finally, if the State prefers, EPA is prepared to send contractor staff to State agencies to conduct file searches. This variety of methods ensures that EPA has taken every effort to reduce burden on these respondents. EPA will review data quality, particularly data on inventory, by checking it against existing estimates of inventory. The information will be compiled using personal computers and database software. After analysis, the results will be combined in a single report, which will be made available to the public in hard copy and over the Internet. Collection of Site Visit Data The collection process for site visit data will be to enumerate the number and types of injection wells identified in each study area. Data quality and consistency will be ensured by extensive training of staff prior to site visits and by quality assurance reviews by a site visit coordinator. The site teams will be de-briefed frequently by the site visit coordinator to assess their progress. There may be technical obstacles to collecting accurate information about the number and types of wells in each study area. Verification that a well is an injection well, for example, requires some demonstration that the well does not drain to surface water or is not connected to a sewer. Our site visit teams will be trained in methods of physical inspection, and they will work with local officials who know the location of collector sewers. Enumeration of wells by subclass will require judgments about well types. For example, how will one distinguish agricultural drainage wells from stormwater wells? Finally, there may be legal obstacles to the collection of accurate information. Obtaining complete and reliable data may require access to private property. Our site visit teams will be led by experienced professionals, most of whom are former State regulators who have faced these types of problems before and they will be trained on issues related to access. The data from site visits will be compiled, stored, and made public in the same manner as information collected by mail, telephone, and file searches. A.5.c Small Entity Flexibility In developing this collection effort, EPA considered the requirements of the Small Business Regulatory Enforcement Fairness Act (SBREFA) and attempted to minimize, wherever possible, the burden of the information collection on small entities. Small entities 19 ------- The Class V Underground Injection Control Study April 1, 1998 include "small businesses," "small organizations," and "small government jurisdictions." These terms are defined below:8 Small business-Any business that is independently owned and operated and not dominant in its field as defined by the Small Business Administration (SBA) regulations under Section 3 of the Small Business Act. Small organization - Any non-profit enterprise that is independently owned and operated and not dominant in its field. Small governmental jurisdiction- Governments of cities, counties, towns, townships, villages, school districts, or special districts with populations of fewer than 50,000. This definition may also include Indian tribes. EPA has attempted to reduce, to the maximum extent practicable, the burden on small entities. As discussed above, there are two types of data collection—collecting existing information by mail, telephone, and file searches; and conducting site visits. Small entities will be virtually unaffected by the first type of data collection. Respondents include State governments and businesses or organizations dominant in their field. Site visit teams will impose a minimal burden on small entities. Respondents will be asked simple questions about their injection wells. EPA assumes that questions may be asked to as many as 20 people per site visit. Since there is no reliable way to estimate how many of these entities will be small, we will assume that all are small when we calculate burden. A representative from each entity may be asked to spend 15 minutes responding to simple questions (e.g. Is this well connected to a sewer?). At 15 minutes per respondent, the total burden for 150 site visits is 750 hours.9 The Agency considered an alternative approach to this estimation task. The alternative approach was to conduct a statistical survey to estimate the number of certain types of Class V wells in the nation. This survey would involve the selection of a sample of geographic areas in the country and site visits to these areas to count the number of wells in each subclass. A sampling statistician estimated that EPA would need visits to approximately 560 sites to achieve the desired level of precision. This would create approximately four times more burden than the modeling approach that the Agency 8These definitions were taken from section 601 of the Regulatory Flexibility Act (RFA). 9Fifteen minutes (0.25 hours) multiplied by 150 sites multiplied by 20 respondents per site equals 750 hours. 20 ------- The Class V Underground Injection Control Study April 1, 1998 selected. The modeling approach, which was supported by the UIC Class V Study Workgroup, reduces the burden on small entities by significantly reducing the number of site visits (from 560 to 150). The objective of small entity flexibility requires that EPA also consider less burdensome collection mechanisms, even if only a few respondents are small entities. To reduce burden on small entities, EPA took the following steps in designing the approach for site visits: • All respondents will be notified that their participation in the study is voluntary. This includes small businesses and local governments that qualify as small entities. • For small businesses and organizations, the burden will be extremely limited. As indicated above, EPA anticipates that questions can be answered in 15 minutes. At an average rate of $14.50 per hour,10 a 15-minute question will create a cost of $3.63 per entity. Since this average cost amounts to much less than 1 percent of all sales, annual operating expenditures, or revenues of all small businesses or organizations, the information collection will not have a significant impact on small entities.11 The only option that would reduce this burden is to avoid asking any questions of these respondents. This would be perceived as discourteous, and it eliminates only a negligible burden. • For local officials, the information requests will be limited in scope (e.g., copies of local maps and information on injection wells in the study area). The burden is estimated to be 2 hours per respondent. The government officials in approximately one-third of the sites (50 of 150) will be from State governments and thus will not be small entities. The local officials in the other 100 sites will most likely be from county health departments. According to the National Association of County and City Health Officials, 66 1t>This rate is a non-unionized labor rate that was derived from the Engineering News Record in 1993 and that was used in the 1997 ICR for the Public Water System Supervision Program. The rate represents the average for a wide range of labor rates for individual respondents. 11According to the EPA Interim Guidance for Implementing the Small Business Regulatory Enforcement Fairness Act, an impact of less than 1 percent of revenues, sales, or operating expenditures means that the collection does not have a significant impact on a substantial number of small entities. 21 ------- The Class V Underground Injection Control Study April 1, 1998 percent of the nation's local health departments are small entities (i.e., they serve populations of fewer than 50,000 persons). Thus, of the 100 sites with local government officials, we assume that 66 will be from small entities. For those small entities, the burden will be 2 hours per site. At $40 per hour, this is a total cost of $80—a negligible amount as a percentage of total county government revenues. A.S.d Collection Schedule To comply with the schedule set forth in the consent decree with the Sierra Club, EPA intends to complete the data collection and site visits in December 1998. Then EPA will review the data and prepare a final report, which must be completed and made available to the public no later than September 30, 1999. The following table summarizes major milestones in the Class V project. Class V Study Schedule Date/Deadline May 25, 1998 June 8, 1998 December 14, 1998 December 15, 1998 September 30, 1999 Study Milestone Projected OMB approval of collection Begin site visits Data collection completed Model finalized Report deadline 22 ------- The Class V Underground Injection Control Study April 1, 1998 A.6 Estimating the Burden and Cost of the Collection A.G.a Estimating Respondent Burden The following are the burden estimates used to compute total respondent burden. Collection of Existing Information by Mail, Telephone, or File Searches. • EPA estimates that it may take the State UIC Program official as long as 6 hours to assemble information in response to the request for data and an additional 30 minutes to submit it to EPA. EPA assumes that one-half of the States will elect to allow contractor personnel to conduct a file search, in which case there is no collection burden. Therefore, as shown in Exhibit A- 6-1, we assume that one-half of the 37 primacy States (or 19 States) will face an information collection burden. • Other State agencies will generally have information on fewer well subclasses than State UIC Programs. EPA estimates that it may take these other State agencies 1.5 hours to assemble information in response to the request for data and an additional 15 minutes to submit it to EPA. Assuming 4 agencies respond in each of the 56 States and territories, there are 224 potential respondents. • The respondent at an organization or business will have information on even fewer well subclasses than other State agencies. Therefore, EPA assumes that they can assemble the information in 1 hour and submit it to EPA in 15 minutes. EPA assumes that 55 such organizations or businesses will be requested to submit data. 23 ------- The Class V Underground Injection Control Study April 1, 1998 Exhibit A-6-1: Respondent Collection of Existing Data Burden Hours (A) Activity (B) Hours (C) Respondents (D) Total Hours State DIG Program Assemble information Submit information 6.00 0.50 19 114.00 9.50 Other State Agencies Assemble information Submit information 1.50 0.25 224 336.00 56.00 Private Organizations & Businesses Assemble information Submit information Total 1.00 0.25 55 298 55.00 13.75 584.25 Data Collection by Site Visits • State or local government officials will be asked to assemble information (e.g., local maps or aerial photos) for the site visit teams. At most, EPA assumes that this activity may take 2 hours. The team will pick up the maps when they arrive at the study area. As shown in Exhibit A-6-2, the total burden is 300 hours (2 hours per respondent multiplied by 150 sites multiplied by one respondent per site). • Private individuals will be contacted during each of the site visits. It is estimated that each of these individuals will be asked questions that can be answered in 15 minutes. As shown in Exhibit A-6-2, the total burden is 750 hours. 24 ------- The Class V Underground Injection Control Study Exhibit A-6-2: Respondent Site Visit Burden Hours April 1, 1998 (A) Activity Government officials Assemble information (B) Hours 2.00 Private Individuals Respond to questions Total 0.25 (C) Respondents 150.0012 3,000.00 3,150.00 (D) Total Hours (D=B*C) 300.00 750.00 1,050.00 A.G.b Estimating Respondent Costs Estimating Labor Costs This ICR uses labor rates that are consistent with other recent information collections approved by OMB. The average annual hourly cost (including overhead) is $40.00 for State and local officials,13 $30.00 for private organizations and businesses,14 and $14.50 for private individuals.15 Exhibits A-6-3 and A-6-4 show the total cost for each type of data collection. The estimates of total hours shown in column B of these exhibits come from column D of Exhibits A-6-1 and A-6-2. This is the maximum number of sites to be visited. It includes the optional additional 50 sites if the models are expanded to include additional subclasses of wells. 13This labor rate for State employees was developed with the States and has been used in several recent ICRs including the pending 1997 Information Collection Request for the Public Water System Supervision Program. 14This technical labor rate is consistent with the rate from the 7996 Underground Injection Control Program ICR. 15This non-unionized labor rate was derived from the Engineering News Record in 1993 and was also used in the 1997 ICR for the Public Water System Supervision Program. The rate represents a wide range of labor rates for individual respondents. Respondents, for example, may be from lower-paid service occupations. 25 ------- The Class V Underground Injection Control Study April 1, 1998 Exhibit A-6-3: Respondent Collection of Existing Data Hours and Costs (A) Activity (B) Total Hours (C) Rate per hour ($) (D) Total Cost($) (D=B*C) State UIC Program Department Assemble information Submit information 114.00 9.50 $40.00 $40.00 $4,560.00 $380.00 Other State Agencies Assemble information Submit information 336.00 56.00 $40.00 $40.00 $13,440.00 $2,240.00 Private Organizations & Businesses Assemble information Submit information Total 55.00 13.75 $30.00 $30.00 $1,650.00 $412.50 $22,682.50 Exhibit A-6-4: Respondent Site Visit Burden Hours and Costs (A) Activity (B) Total Hours (C) Rate per hour ($) (D) Total Cost ($) (D=B*C) Government officials Assemble information 300.00 $40.00 $12,000.00 Private Individuals Respond to question Total 750.00 $14.50 $10,875.00 $22,875.00 Capital/Start-up and Operating and Maintenance (O&M) Costs There will be no capital/start-up nor O&M costs associated with this information collection. The collection does not require any capital investments nor does it require any continual O&M costs since the collection requires only a one-time submission of information. 26 ------- The Class V Underground Injection Control Study April 1, 1998 A.6.c Estimating Agency Burden and Cost EPA's burden consists of information collection (1) by EPA Headquarters, and (2) from EPA regional offices responsible for Direct Implementation (Dl) States. It also includes the cost of contractor activities associated with the information collection. Estimating Agency Costs EPA Headquarters The collection will involve the equivalent of 1.5 full-time employees from EPA Headquarters for the duration of the collection. These employees will be paid on average at a GS 12 Step 5 pay level ($38.25/hour using the salary associated with this grade and step, multiplied by a benefits factor of 1.616). The equivalent of 1.5 FTEs is 2,080 hours for the duration of the eight-month collection effort. Total hours (2,080) multiplied by $38.25 per hour amounts to a total labor cost of $79,560. EPA Regions EPA estimates that each Region will spend 6.5 hours on the assembly and submission of information for each of its Dl States. There are 19 Dl States. At 6.5 hours per Dl State multiplied by 19 States, the total hour burden of the collection is 123.50 hours. At a GS 11 Step 5 pay level17 (rounded off to $32.00/hour using the calculation method described above) this will amount to a total labor cost to EPA Regions of $3,952.00. EPA Contractor The contractor will assist EPA in the data collection and site visits. The contractor will also provide technical support in the development and execution of the data collection effort. To perform these functions EPA has contracted for a total of 27,500 professional hours. At an average rate of $56.84 per hour, the total cost for the contractor is $1,563,100. 16This factor is from the ICR Handbook: EPA's Guide to Writing Information Collection Requests Under the Paperwork Reduction Act of 1995 (December 1996). 17EPA Regional staff are paid at a lower rate than staff at EPA Headquarters. 27 ------- The Class V Underground Injection Control Study Capital/Start-up and Operations and Maintenance Costs April 1, 1998 There will be no capital/start-up nor O&M costs associated with the information collection. A.G.d Estimating the Respondent Universe and Total Burden and Cost Exhibit A-6-5 presents the respondent universe and total respondent burden. The total number of burden hours is equivalent to the total number of respondents multiplied by the hours that each respondent will be involved in the collection. EPA estimates that there will be 3,448 respondents to the collection for a total of 1,634.25 hours. The average burden per respondent, based on these estimates, is 28 minutes. Exhibit A-6-5: Total Respondent Burden Hours State UIC Program Other State Agencies Private Organizations and Businesses Government Officials Private Individuals Total Respondents 19.00 224.00 55.00 150.00 3,000.00 3,448.00 Hours/Respondent 6.50 1.75 1.25 2.00 0.25 Avg: 0.47397 Total Hours 123.50 392.00 68.75 300.00 750.00 1,634.25 The total respondent costs for the information collection are presented in Exhibit A- 6-6. The total cost represents the number of respondents multiplied by the average cost of the collection to each respondent. The total cost of the collection is $45,557.50. 28 ------- The Class V Underground Injection Control Study Exhibit A-6-6: Total Respondent Cost April 1, 1998 State UIC Program Other State Agencies Private Organizations and Businesses Government Officials Private Individuals Total Respondents 19.00 224.00 55.00 150.00 3,000.00 3,448.00 Total Cost($) $4,940.00 $15,680.00 $2,062.50 $12,000.00 $10,875.00 $45,557.50 Cost/Respondent $260.00 $70.00 $37.50 $80.00 $3.63 Avg: $13.212732 A.6.e Bottom Line Burden Hours and Costs Exhibit A-6-7 summarizes the bottom line burden hours and costs of this information collection. The total hour burden for both respondents and EPA is 31,337.75 hours at a total cost of $1,692,169.50. Exhibit A-6-7: Bottom Line Burden Hours and Costs Respondents EPA Total Burden Hours 1,634.25 29,703.50 31,337.75 Total Cost($) $45,557.50 $1,646,612.00 $1,692,169.50 A.G.f Reasons for Change in Burden There is no change in burden because this ICR does not modify an existing ICR. A.G.g Burden Statement EPA is required to collect this information as part of its consent decree with the Sierra Club, which was amended in 1997. EPA is authorized to collect this information under §1421 of the SDWA, 42 USC §300h. Responses to this collection request are voluntary. 29 ------- The Class V Underground Injection Control Study April 1, 1998 The average estimated burden per respondent per year for this information collection is approximately 28 minutes. These estimates include the time for assembly and submission of information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques, to the Director, OPPE Regulatory Information Division, U.S. Environmental Protection Agency (2137), 401 M St., S.W., Washington, DC 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th St., N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA ICR number and OMB control number in any correspondence. 30 ------- The Class V Underground Injection Control Study April 1, 1998 Appendix A: 1997 Consent Decree with the Sierra Club 31 ------- The Class V Underground Injection Control Study April 1, 1998 Appendix B: Executive Summary 32 ------- The Class V Underground Injection Control Study April 1, 1998 A Class V injection well is any underground injection control (UIC) well which emplaces fluids in the subsurface and does not meet the definitions for Class I-IV wells (40 CFR 146.5). The information collected during the Class V Study will enable EPA to characterize the nationwide risk Class V wells pose to underground sources of drinking water (USDWs). To achieve this objective, EPA must have information on the number of wells by subclass and the risk posed by each subclass. Data Collection Activities EPA has undertaken an extensive review of the literature on all well subclasses. To supplement this, EPA proposes to ask for information from State UIC regulatory programs and other State agencies. Some of the information requested from State respondents includes: current regulatory and permitting requirements for each subclass, information on injectate constituents and concentrations, and information on contamination incidents. EPA also hopes to gather information from States on the number and location of wells for many subclasses. EPA will request the number of wells by subclass and the location of each well. Modeling to Estimate the Number of Wells EPA believes that State data will be inadequate to estimate the number of wells in some subclasses including agricultural drainage wells, large-capacity septic systems, and stormwater drainage wells. EPA will construct a model to estimate the number of wells in these subclasses nationwide. The model will be an equation that predicts the number of wells in a geographic area and will enable us to estimate the number of wells nationally. EPA assumes that the number of wells by subclass in any geographic area can be predicted as a function of certain independent variables. In this model, these variables will be characteristics of that area. For example, the number of stormwater wells may be a function of population density, the presence or absence of storm sewers, and the presence or absence of karst, fractured bedrock, and poorly drained soils. Thus, the number of wells of subclass y (Wy) for a geographic area could be predicted using the following formula: Wy=a H-b., x., + b^H-. . . b^ where: a=constant b=coefficient x=independent variables Development of the model consists primarily of estimating the coefficients for each independent variable. Data on the independent variables will be derived from the census and other data sources that can be linked to census geographical units. Data for the dependent variable (number of wells by subclass) will be obtained from site visits, another data collection activity covered by this ICR. The coefficients will be calculated from a multiple regression analysis of the data on number of wells gathered during site visits to as many as 150 geographic areas across the country. Appendix B - Page 1 ------- The Class V Underground Injection Control Study April 1, 1998 Risk Model The risk model will characterize the risk posed by each subclass of wells. Risk will be a function of the contaminants injected, the concentrations of those contaminants, geology and whether the contaminants are injected directly into USDWs or are attenuated by soils, and the population using groundwater sources for drinking water in the vicinity of these injection wells. The starting point of the model will be the identification of constituents and their likely concentrations along with characteristics such as persistence and adsorptive properties of the constituents. Next, for each location where a particular well type occurs, EPA will estimate the likely attenuation of the contaminant before it reaches a USDW based on location-specific soils and geology. For contaminants that are injected directly into USDWs, EPA will not need to estimate the likely attenuation by soils. Finally, EPA will determine the population served by ground water in areas where these injection wells occur. A draft risk model was developed based on workgroup consensus. The model will be revised and applied to each subclass with full workgroup comment and input. EPA also proposes to have our approach reviewed and evaluated by experts in risk modeling to ensure that our final approach will be scientifically defensible, given the limitations of our data. Appendix B - Page 2 ------- The Class V Underground Injection Control Study April 1, 1998 Appendix C: Request for Data 33 ------- The Class V Underground Injection Control Study April 1, 1998 State UIC Coordinator State House Drive State Capitol, State Dear Mr. Coordinator: EPA is conducting a nationwide study of Class V injection wells as required by a consent decree with the Sierra Club. A copy of our study design is enclosed. We believe that much of the information required for this study has already been collected by State UIC Programs. Therefore, we are asking you to assist us by providing that information. To reduce the data collection burden on you and your staff, we are not using a time- consuming questionnaire. Instead, we will specify the types of information that we need, and we will let you choose the least burdensome method of responding. For example, if your data already are in a database, you could e-mail or send us an electronic copy of that database. If you have already sent any of this information to your EPA regional office as part of a routine reporting process, tell us. If your data are all in hard-copy format, you could copy your files and forward them to us. If your files are too large, or if you don't have the resources to copy them, we could send staff to review your files and extract the information. If you want to transform data from your files into tables, that's fine. In short, choose the method that is least burdensome for you. If you have any questions, please call Ms. Anhar Karimjee, Study Manager, Regulatory Implementation Branch, Office of Ground Water and Drinking Water, at (202) 260-3862. Her e- mail address is karimjee.anhar@epamail.epa.gov. Thank you for your assistance. Sincerely, Cynthia Dougherty Director Office of Ground Water and Drinking Water Regulatory Implementation Branch Appendix C - Page 1 ------- The Class V Underground Injection Control Study April 1, 1998 Underground Injection Control (UIC) Class V Well Study OMB Number: XXXX-XXXX Approval Expires: XX/XX/XX EPA is required to collect this information as part of its consent decree with the Sierra Club, which was amended in 1997. EPA is authorized to collect this information under § 1421 of the SDWA, 42 USC §300h. Responses to this collection are voluntary. The public reporting and recordkeeping burden for this collection of information is estimated to average 2 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division • U.S. Environmental Protection Agency (2137) • 401 M St., S.W. • Washington, D.C. 20460.* Include the OMB control number in any correspondence. Do not send the completed form to this address. Appendix C - Page 2 ------- The Class V Underground Injection Control Study April 1, 1998 Information Request 1. Contact information Along with the information you provide, please include the following information about the person(s) who can best answer questions about the data. Name Title Address Phone number Fax number E-mail address 2. Numbers and locations of Class V wells in your State a. Number of wells by subclass Class V wells we are studying are listed in the attached table. For all subclasses, except motor vehicle waste disposal wells, cesspools and industrial wells, we want to know the number of wells in your State. We are most interested in documented inventories (e.g., from permitting records), but we will also accept estimates. In fact, if you have an estimate that is much higher than your documented number, we are interested in both. Please explain, for each subclass, whether the number is documented or an estimate. If it is an estimate, describe the methodology used to create the estimate. Thus, for example, the minimum information on this subject would be: Name of subclass: Mining, sand, or other backfill wells Number of wells: 321 Source of data: Permitting records or Name of sub-class: Aquifer recharge wells Number of wells: 200 Source of data: Estimate Methodology: Sample survey of one county b. Location of wells We would like to know the location of each well in your inventory (excluding motor vehicle waste disposal wells, cesspools and industrial wells). We prefer latitude and longitude coordinates, but we also could use other location information (e.g., zip code or county). Appendix C - Page 3 ------- The Class V Underground Injection Control Study April 1, 1998 3. Injectate Information For each of the subclasses of wells, we are interested in any available data on injectate constituents. Specifically: What types of constituents have you found in the injectate in each subclass? At what concentrations? In other words, we are interested in any analysis of well injectate samples. 4. Regulatory Requirements What statutory and regulatory requirements in your State apply to Class V wells? To put it another way, what requirements exist at the State and local levels of government to ensure that these wells do not pose risks to human health and the environment? These requirements may be for permitting, siting, construction, operation, monitoring and reporting, and so forth. They may be State regulations. They may be local regulations. They may be a combination of both. For each subclass, send us copies of the applicable requirements. 5. Contamination Incidents Have there been any contamination incidents in your State attributed to Class V wells? If possible, we would like to get information on the well subclass involved, the date of the incident (or some other identifying information to assist in possible follow-up research), and what happened. 6. Additional Sources of Information We are interested in obtaining the most reliable information for this study. If there are other sources in your State (e.g., other State agencies, universities) who have information on Class V wells, please give us their name, address, and telephone number. Again, thank you for your assistance. Appendix C - Page 5 ------- The Class V Underground Injection Control Study Subclasses of Class V Injection Wells April 1, 1998 Electric power return flow wells Direct heat return flow wells Heat pump/AC return flow wells Aquaculture waste disposal wells Wastewater treatment effluent wells Aquifer recharge wells Aquifer storage and recovery wells Salt water intrusion barrier wells Subsidence control wells Mining, sand, and other backfill wells Motor vehicle waste disposal wells Experimental wells Special drainage wells Non-contact cooling water return flow wells Solution mining wells In-situ fossil fuel recovery wells Spent brine return flow wells Agricultural drainage wells Storm water drainage wells Large-capacity septic systems Aquifer remediation wells Cesspools Industrial wells Appendix C - Page 5 ------- The Class V Underground Injection Control Study April 1, 1998 Appendix D: Federal Register Notice 62 Fed. Reg. 243 (Dec. 18, 1997) 34 ------- The Class V Underground Injection Control Study April 1, 1998 Agency Information Collection Activities: Proposed Collection; Comment Request; Class V Underground Injection Control Study AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit the following proposed Information Collection Request (ICR) to the Office of Management and Budget (OMB): Class V Underground Injection Control Study, EPA ICR #1834.01. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before February 17, 1998. ADDRESSES: To obtain a copy of the ICR without charge please contact the Office of Ground Water and Drinking Water, EPA Headquarters, 401 M Street SW, Washington, DC 20460 or contact the persons listed below. FOR FURTHER INFORMATION CONTACT: Safe Drinking Water Hotline, (800) 426-4791, e-mail: hotline-sdwa-group@epamail.epa.gov; or Anhar Karimjee, (202) 260-3862, fax (202) 260-0732, e-mail: karimjee.anhar@epamail.epa.gov. SUPPLEMENTARY INFORMATION: Affected entities: Entities potentially affected by this action are those which own, operate or use Class V underground injection wells, or collect, record, or know of information on their existence and/or their location including, but not limited to: State Environmental Water Quality Agencies, State Oil and Gas Divisions, State Energy Divisions, State Departments of Health, State Agricultural Agencies, State Coastal Commissions or Oceanic Divisions, State Mining and Minerals Divisions, and State Hazardous Waste Divisions. Title: Class V Underground Injection Control Study, EPA ICR #1834.01. Abstract: The purpose of this information collection is to gather data on Class V underground injection wells. The collection will be conducted by EPA's Office of Ground Water and Drinking Water (OGWDW) as required by section 2c of the EPA's modified consent decree with the Sierra Club (Sierra Club v. Carol M. Browner, Civil Action No. 93-2644 NHJ, 1997) in order to comply with section 1421 of the Safe Drinking Water Act (42 U.S.C. 300h). These wells may pose a risk to underground sources of drinking water (USDWs) and therefore EPA is collecting information necessary to determine whether a national regulation is appropriate. The collection will involve two components. First, a small number of initial site visits for agricultural drainage wells, storm water drainage wells, large capacity septic systems, and certain lower risk industrial wells will be conducted to count the number of those well types in certain geologic settings. This data will then be used to create a mathematical model that will eventually be used to estimate the number of wells in existence on a national scale. Once the model is created, additional site visits will be conducted to calibrate the model. The second component of the collection, for fourteen other well subclasses (electric power return flow wells, direct heat return flow wells, heat pump/AC return flow wells, Appendix D - Page 1 ------- The Class V Underground Injection Control Study April 1, 1998 aquaculture wells, wastewater treatment effluent, aquifer recharge wells, aquifer storage and recovery wells, saltwater intrusion barrier wells, subsidence control wells, mining, sand and other backfill wells, spent brine recovery wells, solution mining wells, in-situ fossil fuel recovery wells and aquifer remediation wells), involves general data collection from State and local agencies on the number of wells in existence and their location on a county level. EPA may also, for some well subclasses in some States, ask for additional information such as permitting requirements, contamination incidents and injectate constituents. The site visits and the data collection component will provide EPA with an estimation of the number of wells, which will provide, in part, the basis for determining whether national regulations for the well subclasses are necessary, and if so, the extent of the regulations. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. The EPA would like to solicit comments to: (i) evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Burden Statement: It is estimated that this information collection will involve a total cost burden to the Respondents of $72,073 and a total hour burden to the Respondents of 2,019 hours. There will be no capital, start-up or operation and maintenance costs but the collection will involve a one time response, from 2,369 respondents, of approximately 0.85 hours. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Appendix D - Page 2 ------- |