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###### Environmental Protection Agency

          - [OPPT-2004-0087; FRL-7839-8]

# 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 the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on November 30, 2004. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated cost.                    

# DATES:

Additional comments may be submitted on or before December 22, 2004.

# ADDRESSES:

                        Submit your comments, referencing docket ID Number OPPT-2004-0087, to (1) EPA online using EDOCKET (our preferred method), by e-mail to                         *oppt.ncic@epa.gov*                         or by mail to: Document Control Office (DCO), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, Mailcode: 7407T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.                    

# FOR FURTHER INFORMATION CONTACT:

                        Barbara Cunningham, Acting Director, Environmental Assistance Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, Mailcode: 7408, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 554-1404; e-mail address:                         *TSCA-Hotline@epa.gov.*

# SUPPLEMENTARY INFORMATION:

EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On April 30, 2004, EPA sought comments on this renewal ICR (69 FR 23747). EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received one comment during the comment period, which is addressed in the Supporting Statement.

                    EPA has established a public docket for this ICR under Docket ID No. OPPT-2004-0087, which is available for public viewing at the OPPT Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8 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 Pollution Prevention and Toxics Docket is (202) 566-0280. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at                     *http://www.epa.gov/​edocket*. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified above.                

Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice.

                    EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket,                     *see*                     EPA's                     **Federal Register**                     notice describing the electronic docket at 67 FR 38102 (May 31, 2002), or go to                     *http://www.epa.gov/​edocket.*

*Title:*                     PCBs; Consolidated Reporting and Recordkeeping Requirements.                

*Abstract:*                     Section 6(e)(1) of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2605(e), directs EPA to regulate the marking and disposal of PCBs. Section 6(e)(2) bans the manufacturing, processing, distribution in commerce, and use of PCBs in other than a totally enclosed manner. Section 6(e)(3) establishes a process for obtaining exemptions from the prohibitions on the manufacture, processing, and distribution in commerce of PCBs. Since 1978, EPA has promulgated numerous rules addressing all aspects of the life cycle of PCBs as required by the statute. The regulations are intended to prevent the improper handling and disposal of PCBs and to minimize the exposure of human beings or the environment to PCBs. These regulations have been codified in the various subparts of 40 CFR part 761. There are approximately 100 specific reporting, third-party reporting, and recordkeeping                           ( print page 67909)                        requirements covered by 40 CFR part 761.                

To meet its statutory obligations to regulate PCBs, EPA must obtain sufficient information to conclude that specified activities do not result in an unreasonable risk of injury to health or the environment. EPA uses the information collected under the 40 CFR part 761 requirements to ensure that PCBs are managed in an environmentally safe manner and that activities are being conducted in compliance with the PCB regulations. The information collected by these requirements will update the Agency's knowledge of ongoing PCB activities, ensure that individuals using or disposing of PCBs are held accountable for their activities, and demonstrate compliance with the PCB regulations. Specific uses of the information collected include determining the efficacy of a disposal technology; evaluating exemption requests and exclusion notices; targeting compliance inspections; and ensuring adequate storage capacity for PCB waste.

                    Responses to the collection of information are mandatory (                    *see*40 CFR part 761). Respondents may claim all or part of a notice as CBI. EPA will disclose information that is covered by a CBI claim only to the extent permitted by, and in accordance with, the procedures in 40 CFR part 2.                

                    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 in title 40 of the CFR, after appearing in the                     **Federal Register**                    , are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.                

*Burden Statement:*                     The annual public reporting and recordkeeping burden for this collection of information is estimated to average about 1 hour 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 the collection of information; and transmit or otherwise disclose the information.                

*Respondents/Affected Entities:*                     Persons who currently possess PCB Items, PCB-contaminated equipment, or other PCB waste.                

*Frequency of Collection:*                     On occasion.                

*Estimated No. of Respondents:*                     814,120.                

*Estimated Total Annual Burden on Respondents:*                     824,778 hours.                

*Estimated Total Annual Costs:*                     $23,005,750.                

*Changes in Burden Estimates:*                     This request reflects an increase of 83,517 hours (from 741,261 hours to 824,778 hours) in the total estimated respondent burden from that currently in the OMB inventory. This increase is due to revisions to the total number of respondents. In some cases, the total number of respondents was based on number of facilities, in other cases, the total number of respondents was calculated by estimating the total number of pieces of equipment that respondents must monitor for a particular requirement. These burden changes were the result of new data gathered for this ICR renewal as well as a recent PCB regulatory analysis, estimate adjustments made for consistency with a recent Agency report, and updated Agency data regarding total numbers of regulated entities. The change in burden represents an adjustment.                

Dated: November 9, 2004.

Oscar Morales,

Director, Collection Strategies Division.

[FR Doc. 04-25820 Filed 11-19-04; 8:45 am]

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