Response to OMB Questions 2009-04-13

Response to OMB Questions regarding Microbial Rules Consolidation (1895.04, 2040-0205)

1. How is the change in burden estimates allotted between changes due to Agency Discretion (i.e. the consolidation) and updates in Agency Estimates?

The previously approved estimates for the Long Term 2 (LT2) and Groundwater rules are as follows, including the break-down between the two respondent categories: Public Water Systems and Primacy Agencies. This information was assembled from the previous version of the LT2 and Groundwater ICRs along with the relevant tables and appendices included in the consolidated Microbial Rules ICR.

Responses	Long Term 2	Groundwater	TOTAL
Public Water Systems	80,782	49,110	129,892
Primacy Agencies	145,247	57	145,304
TOTAL	226,029	49,167	275,196

Burden Hours	Long Term 2	Groundwater	TOTAL
Public Water Systems	47,401	260,244	307,645
Primacy Agencies	93,894	125,020	218,914
TOTAL	141,295	385,264	526,559

Capital/O&M Costs	Long Term 2	Groundwater	TOTAL
Public Water Systems	$7,016,000	$0	$7,016,000
Primacy Agencies	$0	$0	$0
TOTAL	$7,016,000	$0	$7,016,000

The above totals from the two ICRs consolidated into the Microbial Rules ICR represent the Change due to Agency Discretion. The remainder of the requested burden is thus due to changes in agency estimate for the renewal period.

	Total Requested	Agency Discretion	Agency Estimate	Previously Approved
Responses	12,106,501	275,196	567,749	11,263,556
Hours	10,669,916	526,559	1,518,492	8,624,865
Costs	$197,163,000	$7,016,000	$93,208,000	$96,939,000

2. Page 46 of the Microbial Rules ICR notes: "The stand-alone GWR ICR expires October 31, 2009. Burden and costs associated with the GWR and incurred after October 2009 are incorporated into the Microbial Rules ICR. Appendix G summarizes the assumptions used to calculate the GWR burden and provides the detailed burden and cost calculations." Does this mean that the Groundwater Rule will not be discontinued until October 2009? How was the annual burden pro-rated to accommodate only two years of burden into a three-year renewal ICR?

Exhibit G.16 in the Microbial Rules appendices details the calculations for the Groundwater Rule over the renewal period. It notes that, “Annual average burden and costs represent burden and costs for years 4 and 5 [of the Groundwater Rule] divided over the 3-year evaluation period [of the Microbial Rules ICR]. Year 3, which corresponds to the first year of the renewal ICR evaluation period, is covered under the standalone Groundwater ICR.”

As such, the existing Groundwater Rule ICR (2040-0271) will remain active until its current expiration date of October 2009 to account for the burden not included in the Microbial Rules consolidation. The total burden for the remaining two years of the Groundwater ICR was indeed annualized over the three years of the Microbial Rules consolidation.