2764ss01

2764ss01.docx

Consumer Confidence Report Rule Revisions and Compliance Monitoring Data Collection (Proposed Rule)

OMB: 2040-0311

Document [docx]
Download: docx | pdf








Information Collection Request for the Consumer Confidence Report Rule Revisions and Compliance Monitoring Data Collection



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(a) Need/Authority for the Collection 4

2(b) Use/Users of the Data 9

3 NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 11

3(a) Non-duplication 11

3(b) Public Notice Required Prior to ICR Submission to OMB 11

3(c) Consultations 11

3(d) Effects of Less Frequent Collection 11

3(e) General Guidelines 11

3(f) Confidentiality 12

3(g) Sensitive Questions 12

4 RESPONDENTS AND INFORMATION REQUESTED 13

4(a) Respondents/North American Industry Classification System (NAICS) Codes 13

4(b) Information Requested 13

4(b)(i) Data Items 13

4(b)(ii) Respondent Activities 22

5 INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 29

5(a) Agency Activities 29

5(b) Collection Methodology and Management 31

5(c) Small Entity Flexibility 31

5(d) Collection Schedule 33

6 ESTIMATING BURDEN AND COST OF COLLECTION 34

6(a) Respondent Burden 34

6(a)(i) Burden to Public Water Systems 34

6(a)(ii) Burden to Primacy Agencies 37

6(a)(iii) Burden to Laboratories 41

6(b) Respondent Costs 42

6(b)(i) Cost to Public Water Systems 42

6(b)(ii) Cost to Primacy Agencies 42

6(b)(iii) Cost to Laboratories 42

6(c) Agency Burden and Costs 44

6(d) Estimating Respondent Universe and Total Burden and Costs 46

6(e) Bottom Line Burden Hours and Costs 46

6(f) Reasons for Change in Burden 47

6(f)(i) Restructuring Adjustments 48

6(f)(ii) Additional Program Adjustments 49

6(g) Burden Statement 53



LIST OF EXHIBITS





LIST OF FIGURES


Figure 1: Structure of OGWDW ICRs………………………………………………………4


ACRONYMS


A4A Airlines 4 America

AG Attorney General

AMWA Association of Metropolitan Water Agencies

ASDWA Association of State Drinking Water Administrators

AWWA American Water Works Association

CCR Consumer Confidence Report

CCR3 Consumer Confidence Report Rule Revision

CDC Centers for Disease Control and Prevention

CFR Code of Federal Regulations

CMD Compliance Monitoring Data

CWS Community Water System

DBP Disinfection Byproduct

DBPR Disinfectants and Disinfection Byproducts Rule

DDBP/Chem/Rads Disinfectant/Disinfection Byproducts, Chemical, and Radionuclides

DWIG TSA Drinking Water Infrastructure Grant Tribal Set Aside

DWSRF Drinking Water State Revolving Fund

EPA Environmental Protection Agency

ERP Enforcement Response Policy

ETT Enforcement Targeting Tool

FR Federal Register

FTE Full Time Equivalent

GWR Ground Water Rule

ICR Information Collection Request

IESWTR Interim Enhanced Surface Water Treatment Rule

LCR Lead and Copper Rule

LT1ESWTR Long Term 1 Enhanced Surface Water Treatment Rule

LT2ESWTR Long Term 2 Enhanced Surface Water Treatment Rule

MCL Maximum Contaminant Level

MCLG Maximum Contaminant Level Goal

MRDL Maximum Residual Disinfection Level

MRDLG Maximum Residual Disinfection Level Goal

NAICS North American Industry Classification System

NAWA Native American Water Association

NAWC National Association of Water Companies

NCWS Noncommunity Water System

NDWAC National Drinking Water Advisory Council

NPDWR National Primary Drinking Water Regulation

NRWA National Rural Water Association

NTEC National Tribal Environmental Council

NTNCWS Nontransient Noncommunity Water System

O&M Operation and Maintenance

OGWDW Office of Ground Water and Drinking Water

OMB Office of Management and Budget

PC&B Personnel Compensation and Benefits

PN Public Notification

PRA Paperwork Reduction Act

PT Proficiency Testing

PWS Public Water System

PWSS Public Water System Supervision

RTCR Revised Total Coliform Rule

SBREFA Small Business Regulatory Enforcement Fairness Act

SDWA Safe Drinking Water Act

SDWIS Safe Drinking Water Information System

SMCL Secondary Maximum Contaminant Level

SWAP Source Water Assessment Program

SWTR Surface Water Treatment Rule

TCR Total Coliform Rule

TNCWS Transient Noncommunity Water System

TT Treatment Technique

UCMR Unregulated Contaminant Monitoring Rule

UIC Underground Injection Control

V/E Variance and Exemption

1 IDENTIFICATION OF THE INFORMATION COLLECTION


1(a) Title and Number of the Information Collection


Title: Public Water System Supervision Program


OMB Control Number: 2040-NEW

EPA Tracking Number: 2764.01

1(b) Short Characterization


The Office of Ground Water and Drinking Water (OGWDW) in the Office of Water at the United States Environmental Protection Agency (EPA) is responsible for managing the Public Water System Supervision (PWSS) Program, a national program mandated by the Safe Drinking Water Act (SDWA). Section 1412 of the SDWA requires EPA to establish National Primary Drinking Water Regulations (NPDWRs) for contaminants that may adversely impact human health. Section 1415 of the SDWA requires each community water system to mail, or provide by electronic means, to each customer of the system at least once annually a report on the level of contaminants in the drinking water purveyed by that system, known as the “consumer confidence report”. The Act requires EPA to monitor and enforce NPDWRs to ensure that the nation’s drinking water reliably complies with the maximum contaminant levels (MCLs), treatment techniques (TT) and other requirements stipulated in the Code of Federal Regulations (CFR), 40 CFR Part 141, Subpart B.


Section 1445 of the SDWA states that public water systems (PWS) shall conduct monitoring, maintain records, and provide information as needed for EPA to implement its monitoring and enforcement responsibilities with respect to the Act. Primacy agencies, EPA and state governments that have assumed primary enforcement responsibility under SDWA section 1413, ensure that PWSs are complying with these regulatory requirements.


As part of the PWSS Program, OGWDW uses the Safe Drinking Water Information System (SDWIS) as the database of record for compliance with NPDWR requirements. SDWIS is a database management system that assists EPA in tracking and interpreting violations data and other program-related data.


Many information collection requirements associated with the SDWA and the NPDWRs are associated with rulemakings that address specific contaminants or groups of contaminants. This ICR examines PWS, primacy agency and EPA burden and costs for “cross-cutting” recordkeeping and reporting requirements (i.e., the burden and costs for complying with drinking water information requirements that are not associated with contaminant-specific rulemakings), and burden for reporting those records to EPA. These activities are listed below.


  1. Consumer Confidence Reports Rule Revisions (CCR3)

  2. Compliance Monitoring Data (CMD) collection

This ICR provides preliminary burden and cost estimates for the CCR3, including CMD collection. The ICR estimates costs for future rule implementation.


The total annual respondent burden associated with this ICR is estimated to be approximately 0.30 million hours per year. The total annual respondent cost associated with this ICR is estimated to be approximately $19.5 million. The distribution of annual burden between PWSs and primacy agencies is approximately 0.25 million hours and 0.06 million hours, respectively. The distribution of annual costs between PWSs and primacy agencies is approximately $15.8 million and $3.7 million, respectively.


The approximate annual operation and maintenance (O&M) costs for respondents are $6.7 million, with $6.7 million for PWSs, and no O&M costs for primacy agencies. This represents the “cost burden” as reported in the OMB inventory. These costs are for O&M only. There are no capital costs associated with the activities covered by this ICR.


EPA burden for CCR3 and CMD are captured under the PWSS ICR and are not expected to change as a result of this rule.


The total number of respondents for this ICR is 48,600; 66 of these respondents are primacy agencies and the balance, 48,534, are PWSs. The total annual number of responses for these respondents is 48,600 for PWSs, and 66 for primacy agencies).















2 THE NEED FOR AND USE OF THE INFORMATION COLLECTION

2(a) Need/Authority for the Information Collection Activities


This section identifies the regulatory authority for the information collection activities covered in this ICR and explains EPA’s need for the information. Section 4 of the ICR contains a summary of the PWSS Program recordkeeping and reporting requirements covered by this ICR.


To allow the public to better understand the impact of the recordkeeping and reporting requirements stemming from the SDWA and 40 CFR Parts 141 and 142, OGWDW has organized its ICRs so that related activities are addressed in the same ICR. Specifically, there are three primary ICRs—the Microbial Rules ICR, the Disinfectants/Disinfection Byproducts and Chemical and Radionuclides Rules (DDBP/Chem/Rads Rules) ICR, and the PWSS Program ICR. The Microbial Rules ICR includes rules addressing microbial contaminants, such as the Revised Total Coliform Rule (RTCR), Surface Water Treatment Rule (SWTR), and the Ground Water Rule (GWR). The DDBP/Chem/Rads Rules ICR includes rules addressing chemical contaminants such as the Stage 2 Disinfectants and Disinfection Byproducts Rule (Stage 2 DBPR), the Arsenic Rule, and the Lead and Copper Rule (LCR). The PWSS Program ICR includes consumer confidence reports, public notification and rules addressing cross-cutting requirements that are not associated with contaminant-specific rules. Without this information collection, EPA would not be able to effectively oversee the national drinking water program.


The specific regulations and programs addressed in this ICR are listed below.


  1. Consumer Confidence Reports Rule Revisions

  2. Compliance Monitoring Data collection


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




Exhibit 1: Structure of OGWDW ICRs

Currently covered

To be covered in the future

PWSS Program ICR (2040-0090)


Consumer Confidence Reports (CCRs)


Variances & Exemptions


Capacity Development Program


General State Primacy Activities


Public Notification (PN)


Operator Certification Program


Tribal Operator Certification


Constructed Conveyances


Proficiency Testing


Microbial Rules ICR (2040-0205)


Surface Water Treatment Rule, except disinfectant residual monitoring and associated activities1


Total Coliform Rule (TCR)/ Revised Total Coliform Rule (RTCR)


Interim Enhanced Surface Water Treatment Rule (IESWTR)


Filter Backwash Recycling Rule


Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR)


Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR)


Ground Water Rule (GWR)


Aircraft Drinking Water Rule


Disinfectants/Disinfection Byproducts, Chemical, and Radionuclides Rules ICR (2040-0204)


Stage 1 Disinfectants and Disinfection Byproducts Rule

Lead and Copper Rule Revisions (LCRR)

Disinfectant Residual Monitoring and associated activities under the SWTR


Stage 2 Disinfectants and Disinfection Byproducts Rule


Chemical Phase Rules


Radionuclides Rule


Arsenic Rule


Lead and Copper Rule (LCR)


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


SWAP


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


UIC Base Program Activities


Classes I-VI Rules


Florida Class I Rule


Drinking Water State Revolving Fund (DWSRF) Program ICR (2040-0185)


Drinking Water State Revolving Fund Program


Drinking Water Infrastructure Needs Survey ICR (2040-0274)


Drinking Water Infrastructure Needs Survey


Unregulated Contaminant Monitoring Rule ICR (2040-0304)


Monitoring of Unregulated Contaminants (UCMR 5)


Laboratory Quality Assurance Evaluation Program for Analysis of Cryptosporidium ICR (2040-0246)


Proficiency Testing Program for Laboratories Analyzing Cryptosporidium Samples




  1. Consumer Confidence Reports Rule Revisions

EPA is proposing to require CWSs serving 10,000 or more people that have violations to include a six-month update with their annual report. All other CWSs (without violations) serving 10,000 or more people will be required to reissue their annual report by December 31st.


  1. Compliance Monitoring Data Collection

To implement its compliance oversight and enforcement responsibilities under the SDWA, EPA will require primacy agencies to submit their compliance monitoring data annually.


2(b) Use/Users of the Data


The information described in the previous sections will be collected by EPA and made available to the public upon request, as required by the Freedom of Information Act (40 CFR, Chapter 1, Part 2). In some cases, the SDWA requires that the information be provided to the public or the primacy agency. Primary users of the data collected under this ICR are EPA, PWS managers, and primacy agencies, which include state regulators, Indian Tribes, and, in some instances, EPA Regional Administrators. Other users include:


  • Laboratory personnel

  • Staff from other EPA programs (such as Superfund, the Resource Conservation and Recovery Act, and the Office of Enforcement and Compliance Assurance (OECA))

  • Federal Emergency Management Administration

  • Centers for Disease Control and Prevention (CDC)

  • Military bases

  • Farmers Home Administration

  • Department of Interior

  • Department of Housing and Urban Development

  • U.S. Army Corps of Engineers

  • White House Task Forces

  • American Water Works Association (AWWA)

  • Association of Metropolitan Water Agencies (AMWA)

  • National Rural Water Association (NRWA)

  • National Association of Water Companies (NAWC)

  • Association of State Drinking Water Administrators (ASDWA)

  • Natural Resources Defense Council

  • Consumers Federation of America

  • News organizations

  • Native American Water Association (NAWA)

  • Association of American Indian Affairs

  • Inter-tribal Environmental Council

  • National Tribal Environmental Council (NTEC)

  • Airlines 4 America (A4A)

  • Other intertribal groups


3 NON-DUPLICATION, CONSULTATIONS, AND OTHER

COLLECTION CRITERIA


3(a) Non-duplication


EPA has made an effort to ensure that the data collection efforts associated with this ICR are not duplicative. EPA has consulted with state environmental programs, other federal agencies and regulated entities, such as PWSs and their representative trade associations. To the best of EPA’s knowledge, data currently required by the SDWA, and its implementing regulations codified at 40 CFR Parts 141 and 142, are not available from any other source.


3(b) Consultations


As part of the CCR3, EPA consulted with representatives of CWSs and states regarding the accuracy of EPA’s burden estimates.


3(c) Effects of Less Frequent Collection


EPA has considered a wide range of alternatives for frequency of data collection. The CCR3 require at least annual reporting. Distributing CCRs less frequently than annually is not allowed under the SDWA. Annual reporting of compliance monitoring data is essential to enable EPA to determine if compliance monitoring determinations were made correctly.


For other information collection activities, EPA has chosen to require the least frequent collection that remains consistent with overall public health preservation objectives. If data are collected less frequently, the primacy agencies may not identify, in a timely fashion, violations that might threaten public health and the safety of drinking water consumers.


3(d) General Guidelines


There are no special circumstances. The collection of information is conducted in a manner consistent with the guidelines in 5 CFR 1320.6.


3(e) Confidentiality


No confidential information will be collected as a result of this ICR.


3(f) Sensitive Questions


No information of a sensitive nature will be collected as a result of this ICR.

4 RESPONDENTS AND INFORMATION REQUESTED


4(a) Respondents/North American Industry Classification System (NAICS) Codes


Data associated with this ICR are collected and maintained at the PWS, state, and federal levels. Respondents include:


  • Owners/operators of PWSs, who must report to the primacy agency.

  • State/Primacy agencies, and EPA Regions that act as primacy agencies in Indian country.


The North American Industry Classification System (NAICS) code for PWSs is 22131. The NAICS code for state agencies that include drinking water programs is 92411 (Administration of Air and Water Resources and Solid Waste Management Programs) or 923312 (Administration of Public Health Programs). Ancillary systems (i.e., those that supplement the function of other establishments like factories, power plants, mobile home parks, etc.) cannot be categorized in a single NAICS code. For ancillary systems, the NAICS code is that of the primary establishment or industry.


4(b) Information Requested


4(b)(i) Data Items


Respondent information collection requirements covered by the Consumer Confidence Reports Rule Revision and Compliance Monitoring Data collection ICR are summarized in Exhibit 2 and Exhibit 3 below. These reflect cross-cutting recordkeeping and reporting requirements under the PWSS Program (i.e., requirements that are not associated with contaminant-specific rules).


Exhibit 2: PWS Recordkeeping and Reporting Requirements

Requirement

Regulatory Citation

Reporting Frequency/Record Retention Period

CCRs

Mail or electronically deliver copies of CCR to customers.

40 CFR 141.155(a)

Annually, unless required to provide biannually for systems serving 10,000 or more persons, or unless waived per 40 CFR 141.155(g)

Announce availability of CCR.

40 CFR 141.155(b)

Annually, unless required to provide biannually for systems serving 10,000 or more persons

Submit copy of CCR to primacy agency.

40 CFR 141.155(c)

Annually, unless required to provide a 6-month update with the report

Submit copy of CCR to agencies or clearing houses identified by the primacy agency.

40 CFR 141.155(d)

Annually, as required, unless required to provide a 6-month update with the report

Make current year’s CCR available to public.

40 CFR 141.155(e)

As requested

Post current year’s CCR on the Internet (for systems serving ≥100,000 people).

40 CFR 141.155(f)

Annually, unless required to provide a 6-month update with the report

Publish CCR in local newspaper, if the mailing requirement has been waived.

40 CFR 141.155(g)(1)

Annually, except that systems serving ≤500 can forego per 40 CFR 141.155(g)(2)

Retain copy of CCR.

40 CFR 141.155(h)

For at least 3 years

Submit a plan to provide meaningful access to limited English proficiency consumer to the primacy agency (for systems serving ≥100,000 people)

40 CFR 141.155(i)

Initial plans due in 2025, and updated as needed


Exhibit 3: Primacy Agency Recordkeeping and Reporting Requirements

Requirement

Regulatory Citation

Reporting Frequency/Record Retention Period

CCRs

Make CCRs available to public.

40 CFR 142.16(f)(2)

As requested

Retain copies of CCRs and certifications that CCRs were distributed.

40 CFR 142.16(f)(3)

CCRs: 5 years

Certifications: 1 year

Report violations of CCR provisions.

40 CFR 142.16(f)(4)

Quarterly

Retain copies of the meaningful access plan

40 CFR 142.16(f)(5)

5 years

Compliance Monitoring Data Collection

Report compliance monitoring data to SDWIS.

40 CFR 142.15(b)(3)

Annually


  1. Consumer Confidence Reports

EPA designed this cost analysis to estimate the cost that primacy agencies and CWSs will incur to comply with the proposed CCR3. Primacy agencies include EPA (which has primacy for Wyoming, District of Columbia, and American Indian systems other than the Navajo Nation), 49 states (all except Wyoming), Puerto Rico (PR), American Samoa (AS), Commonwealth of the Northern Mariana Islands (MP), Guam (GU), Virgin Islands (VI), and Navajo Nation (NN). EPA based the cost analysis on the draft language for the proposed CCR Rule Revision. The following aspects of CCR3 will drive the potential cost of the proposed rule:

  • CWSs serving 10,000 or more people will be required to provide two reports per year.

  • EPA will require that all reports include a summary.

  • Large systems serving 100,000 or more persons will be required to identify plans for providing meaningful access to the reports for consumers with limited English proficiency.

  • All CWSs will be required to provide new language explaining their corrosion control procedures.


  1. Compliance Monitoring Data Collection

To implement its compliance oversight and enforcement responsibilities under the SDWA, EPA will require primacy agencies to report CMD to SDWIS. Additionally, primacy agencies must maintain records of analysis results and other related activities (e.g., sanitary survey results).


4(b)(ii) Respondent Activities


PWSs and primacy agencies must complete the activities described in the sections below.


Public Water Systems


  1. Consumer Confidence Report Rule Revisions

For CCRs, CWSs must conduct the following activities:


  • CWSs serving 10,000 or more people will be required to provide two reports per year.

  • EPA will require that all reports include a report summary.

  • Large systems serving 100,000 or more persons will be required to identify plans for providing meaningful access to the reports for consumers with limited English proficiency.

  • All CWSs will be required to provide new language explaining their corrosion control procedures.


  1. Compliance Monitoring Data Rule

There are no PWS activities associated with the compliance monitoring data rule.


Primacy Agencies

  1. Consumer Confidence Reports Rule Revisions

As part of the CCR3, primacy agencies must:


  • Review and retain reports and certifications from CWSs.

  • Review and retain copies of the plan to provide meaningful access to limited English proficiency consumers for systems serving 100,000 or more people.

  • Assist in preparation of reports, as needed.

  • Provide meaningful access to limited English proficient consumers, as needed.

  • Report compliance to EPA.

  1. Compliance Monitoring Data Collection

Primacy agencies will be required to report CMD to EPA.

5 INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT


5(a) Agency Activities


EPA is assumed not to have any new burden associated with CCR3 or CMD collection that is not captured under the PWSS ICR.


5(b) Collection Methodology and Management


Primacy agencies must report data to EPA on a quarterly basis. These data include any new data and revisions or corrections to existing data. This information is maintained in SDWIS2, which contains the following:


  • Inventory data for each PWS.

  • Violations.

  • Enforcement actions and some follow-up activity.

  • Variances and exemptions (where applicable).


Primacy agencies primarily transmit SDWIS data to EPA electronically. In the District of Columbia, Wyoming, and Indian Country (except for the Navajo Nation, which has primacy), results of system samples are sent directly to the EPA Region. These data assist EPA in fulfilling its SDWA obligations. On a quarterly basis, EPA uses the Enforcement Targeting Tool (ETT) to generate a list of PWSs considered priority systems. The ETT assists EPA and the primacy agencies in prioritizing and directing enforcement response to PWSs with the most systemic noncompliance by considering all violations incurred by a PWS in a comprehensive way.


5(c) Small Entity Flexibility


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


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


  • A small organization is any non-profit enterprise that is independently owned and operated and not dominant in its field.


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


The major requirement under SBREFA is a regulatory flexibility analysis of all new rules that have a “significant economic impact on a substantial number of small entities.” This ICR is associated with new rules. Therefore, this ICR is subject to the SBREFA.


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


  1. Consumer Confidence Report Rule Revision

EPA’s regulations allow systems serving fewer than 10,000 people to publish a newspaper notice in lieu of sending reports to customers. Under 40 CFR 141.155(g)(2), CWSs serving 500 or fewer people may forego the notice-publishing requirement, provided they give notice at least annually to their customers by mail, door-to-door delivery, or posting in an appropriate location that the CCR is available upon request. These flexibilities are unchanged in the CCR3.

  1. Compliance Monitoring Data Collection

There are no PWS burden associated with CMD data collection as this falls under the purview of state primacy agency activities.



5(d) Collection Schedule


Exhibit 2 and Exhibit 3 of this document contain summaries of the collection schedules for each rule. Additional information may be obtained by consulting the individual rules for specific collection schedules.

6 ESTIMATING BURDEN AND COST OF COLLECTION

This section estimates the burden and cost to PWSs, primacy agencies, and EPA for complying with drinking water information requirements that are not associated with contaminant-specific rulemakings. These activities include the following:


  1. Consumer Confidence Reports Rule Revisions

  2. Compliance Monitoring Data Collection

The burden incorporates the results of consultations with representatives of states and PWSs.


6(a) Respondent Burden


6(a)(i) Burden to Public Water Systems


The annual PWS burden for CCR3 and CMD collection, is estimated to be approximately 245,389 hours. Exhibit 4 shows the breakdown of the annual burden hours on an activity-specific basis. The bases for the burden estimates are detailed below.


  1. Consumer Confidence Reports Rule Revisions

CCR3 regulations require, at a minimum, that each CWS mail or electronically deliver to each of its customers an annual report on the level of contaminants in the drinking water purveyed by that system. For systems serving 10,000 or more persons, they will need to provide CCRs biannually. If a system serving 10,000 or more persons has a violation between January 1st and June 30th of the current year, they will be required to provide a 6-month update with the second report. For systems serving 100,000 or more people, they will be required to provide a plan to their primacy agencies describing their approach for providing meaningful access to limited English proficient consumers. EPA estimates that CCR3 requirements will affect approximately 48,534 CWSs during the course of this ICR period. Activities associated with the preparation and delivery of CCRs account for 245,389 burden hours per year, which includes burden for understanding the rule, CCR development and distribution for PWSs.


EPA relied on several sources of data to estimate the potential cost of the proposed rule, including information from interviews and from published sources. EPA supplemented these data with several assumptions about how the rule would be implemented.


Report Development


Preparation of a CCR includes assembling data, writing the report, ensuring that the notice meets regulatory requirements, and printing the document or notice. Burden estimates range from 1 hours for CWSs serving 10,000 or fewer people to 4 hours for CWSs serving 100,000 people or more. After completion of CCR preparation activities, all CWSs, regardless of size, are assumed to have the same burden (0.5 hours) for submitting to the state a copy of the CCR distributed to customers. Certification that the reports were distributed is also required along with the report. All CWSs, regardless of size, are assumed to have the same burden (0.25 hours) for maintaining a copy of the CCR and making it publicly available, if requested.


Report Delivery


The burden estimate for CCR delivery includes the following activities and assumptions: This ICR assumes a burden 3 hours per system to deliver CCRs for CWS serving 10,000-50,000 people, 5 hours per system to deliver CCRs for CWS serving 50,000-100,000 people, and 9 hours per system to deliver CCRs for CWS serving more than 100,000 people.


  1. Compliance Monitoring Data Collection

There is no PWS burden associated with CMD collection as this falls under the purview of state primacy agency activities.


6(a)(ii) Burden to Primacy Agencies


The annual burden for state primacy agencies for CCR3 and CMD collection, is estimated to be approximately57,131 hours. Exhibit 5 shows the annual burden on an activity-specific basis. The following briefly describes the bases for the burden estimates:


  1. Consumer Confidence Reports Rule Revisions

Primacy agencies are expected to incur burden for information collection activities associated with preparation assistance, review, and filing of CCRs. The total annual state burden is estimated at 55,794 hours.


  1. Compliance Monitoring Data Rule

As illustrated in Exhibit 5, hours of burden are for providing EPA with information regarding all CMD that is necessary to determine compliance with the drinking water requirements. The total annual state burden is estimated at 1,337 hours.


6(b) Respondent Costs


6(b)(i) Cost to Public Water Systems

Exhibit 4 shows the total costs for PWSs over the 3-year ICR period. Annual costs are estimated at approximately $15.8 million, which consists of $9.1 million in labor costs and $6.7 million in O&M costs.


Labor costs are based on the number of burden hours times the average hourly wage rate, including overhead. In addition to the labor costs, there are O&M costs associated with the CCR3 and CMD collection. For the CCR3, these costs reflect non-labor costs associated with printing, delivery, posting, and publishing CCRs.


There are no capital costs associated with this ICR.


6(b)(ii) Cost to Primacy Agencies


Exhibit 5 shows that the annual costs to primacy agencies are estimated at approximately $3.61 million. All costs incurred by primacy agencies are labor costs. Labor costs are based on the number of burden hours times the average hourly wage rate, including overhead. Labor rates in 2022 dollars are used and are loaded with a 60 percent overhead factor. A loaded labor rate of $56.18 per hour in 2022 dollars was used for state labor.


Exhibit 4: Annual PWS Burden and Cost

Activity

Annual Burden Hours

Annual Labor Cost ($K)

Annual O&M Cost ($K)

Total Annual Cost ($K)

Consumer Confidence Reports Rule Revisions

245,389

$9,051

$6,718

$15,769

CMD

0

$0

$0

$0

TOTAL

245,389

$9,051

$6,718

$15,769


Exhibit 5: Annual State Burden and Cost

Activity

Annual Burden Hours

Annual Labor Cost ($K)

Annual O&M Cost ($K)

Total Annual Cost ($K)

Consumer Confidence Reports Rule Revisions

55,794

$3,609

$0

$3,609

CMD

1,337

$75

$0

$75

TOTAL

57,131

$3,685

$0

$3,685



6(c) Agency Burden and Costs


EPA costs are captured under the PWSS ICR for this rule.


6(d) Estimating Respondent Universe and Total Burden and Costs


Respondents for this ICR include PWSs and states or other primacy agencies. This ICR estimates the number of CWS respondents at 48,534.


In addition to the PWS respondents, this ICR assumes 66 primacy agencies (50 states plus the District of Columbia, U.S. territories, EPA Regions conducting direct implementation of tribal primacy, and the Navajo Nation).3 Therefore, the total number of respondents is 48,600.


The total costs and burden for these respondents are summarized in Exhibit 4 and Exhibit 5. Agency costs and burden are detailed in section 6(c).


6(e) Bottom Line Burden Hours and Costs


The bottom line burden hours and costs are presented in Exhibit 6. The total annual respondent burden associated with this ICR is estimated to be 302,520 burden hours. The corresponding total annual respondent costs (labor, capital, and O&M) are estimated to be $19.5 million. There is no EPA burden or cost associated with this ICR.



Exhibit 6: Bottom Line Annual Burden and Cost

Total Number of Respondents

48,600

CWS

48,534

Primacy Agency

66

Total Annual Responses

48,600

CWS

48,534

Primacy Agency

66

Number of Responses per Respondent

1

Total respondents

48,600

Total responses

48,600

Total Respondent Hours

302,520

CWS

245,389

Primacy Agency

57,131

Hours Per Response

6.2

Annual Respondent Hours

302,520

Annual Responses

48,600

Total Annual Respondent O & M and Capital Cost ($K)

$6,718

CWS ($K)

$6,718

Primacy Agency ($K)

$0

Total Annual Respondent Cost ($K)

$19,453

CWS

$15,769

Primacy Agency ($K)

$3,685


6(g) Burden Statement


The public reporting burden for collections included in this ICR is detailed in Exhibit 6 above. The annual respondent burden is estimated to average 302,520 hours, of which 245,389 hours are attributable to PWSs and 57,131 hours to primacy agencies. These estimates include time for gathering information as well as developing and maintaining records.


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


To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA–HQ–OW–2022–0260, which is available for online viewing at www.regulations.gov, or in person viewing at the Water Docket in the EPA Docket Center (EPA/DC), WJC West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the Water Docket is (202) 566-2426. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, to access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA–HQ–OW–2022–0260 and the OMB Control Number 2040-NEW in any correspondence.


1 Disinfectant residual monitoring and associated activities are included in the DDBP/Chem/Rads Rules ICR.

2 The public can access the violation data in SDWIS online at http://water.epa.gov/scitech/datait/databases/drink/sdwisfed/howtoaccessdata.cfm.

3 This is a simplifying assumption. Primacy activities for Wyoming and the District of Columbia are actually carried out by the respective EPA Regional offices.

File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitleFinal PWSS ICR (04Jan12, MLR)
AuthorMatthew Reed
File Modified0000-00-00
File Created2023-09-07

© 2024 OMB.report | Privacy Policy