### - 1
- **Supporting Statement for a Request for OMB Review under**

**the Paperwork Reduction Act 1.**  **IDENTIFICATION OF THE INFORMATION COLLECTION l(a) Title of the Information Collection**  **TITLE: PCBs, Consolidated Reporting and Recordkeeping Requirements**  **EPA ICR N o.:**  **1446. 10**  **OMB Control No: 2070**  **- 0112**  **1(b) Short Characterization**  The Toxic Substances Control Act (TSCA) section 6(e)(1), 15 USC 2605(e), directs EPA to regulate the marking and disposal of polychlorinated biphenyls (PCBs). Section 6(e)(2) bans the manufacturing, processing, distribution in commerce, and use of PCBs in other than a totall y enclosed manner. Section 6(e)(3) establishes a process for obtaining an exemption from the prohibitions on the manufacture, processing, and distribution in commerce of PCBs. This provision requires that EPA must make a finding by rule that such activities will not present an unreasonable risk of injury to health or the environment. In addition, good faith efforts must have been made b y the petitioner to develop a ch emical substance that does not present an unreasonable risk to replace the PCBs. Exemptions may be granted for a period not to exceed one year. Since 1978, EPA has promulgated numerous rules addressing all aspects of the life cycle of PCBs as required by the statute. These regulations have been codified in the various subparts of 40 CFR 761, as shown in Table 1
- 1. Appendix A contains a copy of the statute and Appendix B is a cop y of the regulations. **TABLE 1 -**  **1**

**SUBPARTS AND SECTIONS OF 40 CFR 761 Subpa**  **rt Section Numbers**  **Subpart Title** Subpart A §§761.1
- .19 General Subpart B §§761.20
- .35 Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items Subpart C §§761.40
- .45 Marking of PCBs and PCB Items Subpart D §§ 761.50
- .79 Storage and Disposal Subpart E §§761.80 Exemptions Subpart F §§761.91
- .99 Transboundary Shipments of PCBs for Disposal**TABLE 1 -**  **1, continued SUBPARTS AND SECTIONS OF 40 CFR 761** 



### -- 2 **Subpa rt**  **Section Numbers Subpart Title**  Subpart G §§761.120
- .135 PCB Spill Cleanup Policy Subpart J §§761.180
- .193 General Records and Report s Subpart K §§761.202
- .218 PCB Waste Disposal Records and Reports Subpart M §§761.240
- .257 Determining a PCB Concentration for Purposes of Abandonment or Disposal of Natural Gas Pipeline; Selecting Sample Sites, Collecting Surface Samples, and Analyzing Standard PCB Wipe Samples Subpart N §§761.260
- .274 Cleanup Site Characterization Sampling for PCB Remediation Waste in Accordance with 40 CFR 761.61(a)(2) Subpart O §§761.280
- .298 Sampling to Verify Completion of Self
- Implementing Cle anup and On
- Site Disposal of Bulk PCB Remediation Waste and Porous Surfaces in Accordance with §761.61(a)(6) Subpart P §§761.300
- .316 Sampling Non
- Porous Surfaces for Measurement
- Based Use, Reuse, and On
- Site or Off
- Site Disposal Under §§761.61(a)(6) and 761.79(b)(3) Subpart Q §§761.320
- .326 Self
- Implementing Alternative Extraction and Chemical Analysis Procedures for Non
- Liquid PCB Remediation Waste Samples Subpart R §§761.340
- .359 Sampling Non
- Liquid, Non
- Metal PCB Bulk Product Waste for Purposes of Characterization for PCB Disposal in Accordance with §761.62, and Sampling PCB Remediation Waste Destined for Off
- Site Disposal, in Accordance with §761.61 Subpart S §§761.360
- .378 Double Wash/Rinse Method for Decontaminating Non
- Porous Surfaces Subpart T §§761.380
- .398 Comparison Study for Validating a New Performance
- Based Decontamination Solvent Under 40 CFR 971.79(d)(4) 

### This Supporting Statement is a renewal of the Information Collection Request (I CR) that previously

consolid ated six I CRs as follows: 1. ICR 857

—PCB Manufacturing, Processing, and Distribution in Commerce Exemptions (OMB Control No. 2070
- 0021).

### -- 3 2. ICR 1000

—PCB Use in Electrical Equipment and Transformers (OMB Control No. 2070
- 0003). 3. ICR 1001

—PCB Exclusions, Exe mptions, and Use Authorizations (OMB Control No. 2070
- 0008). 4. ICR 1012

—PCB Disposal Permitting Regulation (OMB Control No. 2070
- 0011). 5. ICR 1446

—

Notification and Manifesting for PCB Waste Activities (OMB Control No. 2070
- 0112), which incorporates ICR 583
- PCB Use, Storage, and Disposal Recordkeeping Requirements (OMB Control No. 2070
- 0061). This collection was amended to address third
- party notifications and to address the burden associated with EPA’s Reclassification Rule when it was a proposed rule
. 6. ICR 1729

—Final Regulations Amending the PCB Regulations at 40 CFR 761 (OMB Control No. 2070
- 0159). P revious Consolidated ICR s also incorporated c ollection request burdens associated with the Reclassification Rule (66 FR 17602, April 2, 2001)
. No additional requirements have been added to this I CR. This ICR was previously approved as OMB Control No. 2070
- 0112 and EPA ICR No. 1446.08. There are approximately

100 specific reporting, third
- party reporting, and recordkeeping requirements covered b y this consolidated I CR. Some examples of reporting and third

- party reporting requirements included at 40 CFR 761 follow:

 

### Submitting reports/certifications to qualify for the exclusion from the manufacturing ban, thus allowing the manufacture or importation of chemical products that contain inadvertently generated trace PCB impurities.

 

### Registering newly

discovered PCB Transformers with EPA (reporting) and building owners (third
- party reporting).

 

### Submitting annual reports concerning the storage and disposal of PCBs.

 

### Notifying EPA to obtain approval to exceed the time limits for storing equipment slated for reuse or to exceed the current 1
- ye ar limitation on storing equipment for disposal.

 

### Notifying EPA (i.e., reporting) and s tate and local officials (i.e., th ird
- party reporting) of self

- implementing PCB remediation activities and changes to these activities, and providing certification that all records of remediation activities are on file.

 

### Requesting EPA approval to operate facilities that dispose or commerc ially store PCBs.

 

### Submitting Unmanifested Waste Reports.

 

### Sending Certificates of Disposal to generators of PCB waste (third
- party

### -- 4 reporting). Examples of recordkeeping requirements under 40 CFR 761 include:

 

### Maintaining records of PCB Transformers and transformer inspections, Voltage Regulators, and Large Capacitors.

 

### Maintaining records of PCB equipment stored for reuse.

 

### Keeping records of remediation activities.

 

### Preparing and maintaining plans for handling PCB spills [i.e., Spill Prevention, Control, and Countermeasure (SPCC) plans].

 

### Preparing and maintaining annual document logs for incineration facilities, chemical waste landfills, and high efficiency boilers.

 

### Maintaining monitoring records of the manufacture, import, processing, distribution in c ommerce, or use of chemicals containing inadvertentl y generated or recycled PCBs.

 

### Maintaining records associated with the transfer, storage, and disposal of PCBs and PCB equipment; the processing and distribution in commerce of PCBs; and the decontaminati on of PCB Items. In formation required b y these regulations is used by EPA’s Regional Administrators, the Office of Enforcement and Compliance Assurance (OECA), or the Office of Pollution Prevention and Toxics (OPPT), as appropriate. Much of the informati on is maintained as part of the public docket. Confidential business information (CBI) submitted to EPA to qualify for the chemical manufacturing exclusions is maintained by OPPT in the CBI docket. Data collected under the transformer registration program are provided to the EPA Regional Offices and other environmental offices, on an as requested basis (e.g., s tate environmental agencies, fire response personnel, etc.), and is accessible online as well. All of the information collection activities associ ated with the PCB regulations found at 40 CFR 761 have been approved b y OMB. The total hourly and cost burdens associated with the requirements discussed in this consolidated I CR include time needed to collect and review required information and transmit or otherwise disclose the information. EPA will use the information collected b y the 40 CFR 761 requirements to ensure PCBs are managed in an environmentally

safe manner and that activities are being conducted in compliance with the PCB regulations. Spec ific uses of the information collected include determining the efficacy of a disposal technology ; evaluating exemption requests and exclusion notices; targeting compliance inspections (e.g., determining if operational criteria for disposal facilities are b eing met); and ensuring adequate storage capacity for PCB waste.

### -- 5 **2. NEED FOR AND USE OF THE COLLECTION**  **2(a) Need/Authority for the Collection**  The reporting and recordkeeping requirements of this consolidated I CR are implemented under the TSCA authoriti es at 15 USC 2605 (e) . To meet its statutory obligations, EPA must obtain sufficient information to conclude that the specified activities do not result in an unreasonable risk of injury to health or the environment. 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. To assist EPA in achieving these goals, the information collected b y 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. Tables 2
- 1, 2
- 2, and 2
- 3 (located at the end of this section) provide specific regulatory

citations for each reporting, third
- party reporting, and recordkeeping requirement, respectivel y, as well as the use for each requirement, wh ich is provided in response to s ection 2(b) of this Supporting Statement . Item numbers in the first column of the table s are included for ease of reference to the numerous requirements and are carried through to other sections and tables throughout this document. There are, however, certain PCB requirements that are exempt from the Paperwork Reduction Act (PRA). In defin ing “collection of information,” OMB’s PRA regulations explicitly exempt public disclosures where all the information required to be displayed is supplied by

the government. The last sentence of 5 CFR 1320.3(c)(2) states, “The public disclosure of information originall y supplied b y the Federal Government to the recipient for the purpose of disclosure to the public is **not** included within this definition” (emphasis added). EPA’s PCB marking requirements at §§761.40 and .45 supply **all** the information require d by

EPA to be displayed on items containing PCBs, except for §§761.45(a) and .40(j)(2). All the information required to be disclosed for compliance with these two provisions is not provided b y EPA, however, the requirements do not negate the above conclu sion. For §761.45(a), the mark prompts the recipient to add information identifying the name and telephone number of a person to contact beyond the contact information already supplied b y EPA’s mark itself. (The mark gives an emergency 800 number at the U.S. Coast Guard in case of accidents or spills, and states “for disposal information contact the nearest U.S. EPA office.”) However, OMB’s PRA regulations state at 5 CFR 1320.3(h)(1) that the definition of “information” does not generall y include “affidav its, oaths, affirmations, certifications, receipts, changes of address, consents, or acknowledgments; provided that they entail no burden other than that necessary

to identify

the respondent, the date, the respondent’s address, and the nature of the instrument.” Thus, requiring the recipient to display merel y the name and phone number of a contact person falls outside OMB’s definition of “information” and therefore does not require OMB approval or negate the exemption, under 5 CFR 1320.3(c)(2), for the PCB marking requirements.

### -- 6 The second exemption is that §761.40(j)(2) allows the use of marks other than that prescribed b y EPA at §761.45 for PCB Transformers (provided, among other things, that (i) those marks were in use before August 15, 1985, (ii) befor e August 15, 1985, the primary fire department accepted the alternative mark, (iii) the EPA Regional Administrator was informed in writing of the alternative mark by October 3, 1988, and (iv) the Regional Administrator approved the alternative mark within 30 day s of receipt). This exception applies only to the discrete universe of individuals who were already using alternative markings before August 15, 1985, and received EPA’s approval to continue using it. At that time, the PRA did not apply to Agency requirements that regulated entities disclose information to third parties or the pubic rather than to the Agency

itself, Dole v. United Steelworkers of America , 110 S. Ct. 929, 938 (1990), such as a requirement to display a marking on PCB Transformers. Th ere are three main typ es of possible violations for these PCB marking requirements: PCB Transformers with (1) no labels, (2) unapproved alternative labels, or (3) inadequate labels with missing or incorrect information. Those persons who fail to use any m ark and never submitted an application for an alternative, and those persons who are using an unapproved alternative mark, cannot assert the PRA as an affirmative defense, because they are required to use the mark specified in §761.45, which, according to 5 CFR 1320.3(c)(2), does not constitute the collection of information. **2(b) Use of the Data**  EPA will use the information collected by the 40 CFR 761 requirements to ensure PCBs are managed in an environmentally safe manner and that activities are being c onducted in compliance with the PCB regulations. Tables 2
- 1, 2
- 2, and 2
- 3 contain information on the specific use of the data for each information collection.

### - 7
- **TABLE 2 -**  **1 REPORTING REQUIREMENTS UNDER TSCA SECTION 6(e), 40 CFR 761**  **AND USE OF THE COLLECTED D ATA: ICR PART A, SECTIONS 2(a) and 2(b)** 
**Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information**  **40 CFR 761 Subpart A** 

**— General**  1 §761.1(f)(1),(2), and (3) Com ply with reporting requirements of Subpart J (§§761.18 5
- .187) as a condition to be exempt from the manufacturing ban of Subpart B, for persons who: inadvertently manufacture or import PCBs generated as unintentional impurities in excluded manufacturing processes; process, distribute in commerce, or use pro ducts containing PCBs generated in excluded manufacturing processes; or process, distribute in commerce, or use products containing recycled PCBs, as per §761.1(f)(1) to (3). Provide means for Agency to verify that individuals who claim manufacturing exclusions are generating only allowed quantities of PCBs in the products that leave their manufacturing sites. Provide data used to establish who is generating new PCBs, where these PCBs are being generated, and in what quantities. Identify sites for compli ance inspections of those facilities that have reported unusually high amounts of PCBs released to products, air, or water. Provide quality control in that the regulation encourages manufacturers to audit their operations, quantify their PCB releases, and maintain their particular PCB releases within prescribed limits. (Also see numbers 42 & 43.) **Subpart B**

**— Use**  2 §§761.20(b)and (c)(1) and (3) Submit an exemption petition as per TSCA s ection 6(e)(3) to

manufacture (import), process, or distribute in c ommerce (export) PCBs, unless otherwise authorized. Im plement statutory mandate that these activities will not result in an unreasonable risk of injury to health or the environment. (Also see numbers 34 and 39.) 3 §§761.30(a)(1) (vi), (vii), and (xv)(D) Register newly discovered PCB Transformers. (See

Appendix C for EPA Form 7720
- 12). Provide EPA and building owners with key information about transformer locations. 4 §§761.30(a)(2) (v)(C) and .30(h)(2)(v)(C) Obtain EPA approval to use alternate method for

reclassifying transformers. Provide EPA with adequate information to respond to request for relief from regulatory requirement.**TABLE 2 -**  **1, continued REPORTING REQUIREMENTS UNDER TSCA SECTION 6(e), 40 CFR 761**  **AND USE OF THE COLLECTED DA TA: ICR PART A, SECTIONS 2(a) and 2(b)** 



### -- 8 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information**  5 §761.30(i)(1) (iii)(A)( 1 ) and (C) Submit a description, at the request of the Regional

Administrator (RA) , of a natural gas pipeline system owned or operated by a seller or distributor of natural gas that contains > 50 ppm

PCBs , and make available to EPA, upon request, documentation of data and actions to comply with the natural gas use authorizations at .30( i)(1)(iii)(A). Keep EPA informed of the operation and compliance of a natural gas pipeline system that contains PCBs.

6 §761.30(t)(3) Obtain EPA approval for the use of PCBs in other gas or liquid systems. Ensure that the wide variety and sometime s rare cases of PCB
- contaminated gas or liquid systems are identified and cleaned to <50 ppm. 7 §761.35(b) Obtain EPA approval for an extended storage for reuse period. Prevent indefinite storage of equipment in areas not designed, constructed, or ope rated in compliance with toxic/hazardous waste storage requirements (e.g., TSCA §761.65(b) or RCRA 3004 or 3006 facilities). **Subpart D**

**— Storage and Disposal**  8 §761.60(e), (i)(2); .70(a), (b), and (d); .75(b)(7), (b)(8)(ii), and (c) Submit permit appli cation and, when applicable, a demo

plan for obtaining approval to operate a PCB disposal facility (i.e., alternative method of disposal, incinerator, chemical waste landfill). Submit requests for approval of R&D for PCB disposal for persons not following self
im plementing requirements. Determine if applications meet the technical and operational criteria for a disposal or R&D facility to prevent PCB releases into the environment.

9 §761.60(j)(1) (i) Notify EPA to obtain an identification number for

c onducting R&D on PCB disposal activities. (See Appendix D for EPA Form 7710
- 53). Ensure EPA is knowledgeable of PCB R&D activities (i.e., a waste handling activity) to prevent risk of injury to health or the environment. (Also see number 44.) 10 §761 .60(j)(1) (ii) Notify EPA (as well as s tate and local environmental

officials ) of PCB disposal R&D activities. Keep relevant regional authorities informed of PCB waste handling activities in their area. 11 §761.60(j)(2) Obtain EPA’s approval to excee d allowable volume of PCB material, maximum concentration of PCBs, total amount of pure PCBs or duration of an R&D activity. Ensure the PCB R&D disposal activities will not cause risk of injury to health or the environment.**TABLE 2 -**  **1, continued REPORTING REQUIREMENTS UNDER TSCA SECTION 6(e), 40 CFR 761**  **AND USE OF THE COLLECTED DA TA: ICR PART A, SECTIONS 2(a) and 2(b)** 



### -- 9 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information**  12 §§761.61(a) (3)(i) and (ii) Noti fy EPA (as well as s tate, tribal, and local) officials of

self
- implementing remediation activity, including a summary of the procedures used to sample contaminated areas and sample collection and analysis data; submit additional information as r equested; and certify that records of remediation activity are on file at the location designated in the certificate. Allow for flexibility in self
- implementing remediation by keeping proper authorities informed of remediation activities.

13 §761.61(a) (3) (ii) Notify EPA of changes to notification of self
- im plementing activities. Allow for flexibility in self
- implementing remediation by keeping proper authorities informed of remediation activities. 14 §761.61(a)(3) (iii) Request a waiver of the no tification requirement for

conducting cleanup of PCB remediation waste. Allow for flexibility in self
- implementing remediation by keeping proper authorities informed of remediation activities. 15 §761.61(a)(8) (i)(B) Submit certification to EPA that the deed notation required

by §761.61(a)(8)(i)(A) has been recorded. Ensure proper notification to potential land owners of PCB history at the site. 16 §761.61(c)(1) Apply for risk
- based disposal of PCB remediation wastes. Submit additional inform ation as requested by EPA. Allow EPA, on an as
- requested basis, to assess proposed disposal option and ensure that it will not present risk of injury to health or the environment. 17 §761.62(c)(1) Obtain approval for risk
- based disposal or storage of PCB bulk product waste. Provide additional information and periodic progress reports, as requested by EPA. Allow EPA, on an as
- requested basis, to assess proposed disposal or storage option and ensure that it will not present a risk of injury to health and the environment. 18 §761.65(a)(2) Provide notification that continuing attempts to dispose of or secure disposal for PCB waste within the 1
- year time frame have been unsuccessful, for which EPA may grant an automatic 1
- year extension. Show good fa ith attempts to secure disposal of PCB wastes. Allow EPA to evaluate whether the 1
- year time frame for storage should be extended and ensure that appropriate treatment and disposal options are being pursued. 19 §761.65(a)(3) Submit requests for additi onal extensions beyond the initial 1
- year extension, including justification and information on measures taken to secure disposal. Ensure that appropriate treatment and disposal options are being pursued.**TABLE 2 -**  **1, continued REPORTING REQUIREMENTS UNDER TSCA SECTION 6(e), 40 CFR 761**  **AND USE OF THE COLLECTED DA TA: ICR PART A, SECTIONS 2(a) and 2(b)** 



### -- 10 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information**  20 §761.65(a)(4) Submit request for modificati ons to TSCA approval to allow for extended storage period. Allow EPA to assess whether a facility is likely to present an unreasonable risk of injury as a result of being granted approval to extend the storage timeframes for the disposal of PCB waste. 2 1 §761.65(c)(6) (i)(C) Demonstrate to the EPA Regional Administrator and other

appropriate regulatory authorities (i.e., Nuclear Regulatory Commission , DOE, or DOT), that the use of other containers for the storage of liquid and non
- liquid PCB/radioactiv e wa stes is protective of health and the environment. Allow flexibility in using unique container designs that meet the criteria for containers used to store liquid or non
- liquid PCB/radioactive waste.

22 §761.65(d); (e)(1), (6), and (8); and (f) Pr epare application for commercial storage approval,

including qualifications of key employees, closure plan, and closure cost estimate. Commercial storer must also notify EPA of facility modification, closure schedule, and completion of closure activities. Allow EPA to assess operational capabilities, to determine whether storers/ disposers of PCB wastes have the ability to close their facilities in a safe manner, and to prohibit intermediate handlers of PCBs who are financially unable to close their facil ities from becoming potential Superfund sites. 23 §761.65(e)(4) Submit a w ritten request to the EPA Regional Administrator to modify a storage approval to amend the closure plan, when there are changes in ownership, changes in expected dates of closure , and/or unexpected events. Ensure proper management of storage facilities.

24 §761.65(g)(9) Notify issuing authority of modifications to commercial storage facilities. Ensure financial assurance mechanism is adequately funded. 25 §§761.65(j) Demonstrate that a new owner of a commercial storage facility has established financial assurance for closure. Submit ne w or amended commercial storage application as a result of change in ownership. Ensure proper management of storage facilities and handling of PCB wastes prior to approving changes in ownership.

26 §§761.70(a)(8), (9); and (d)(5) Obtain approval of alternate measures when regulatory

requirements cannot be met for operating a PCB incinerator. Allow EPA to assess adequacy of alternate procedures for use at incinerators. 27 §§761.70(d) (8); 761.75 (c) (7) Notify EPA of change in ownership of disposal facility (i.e.,

incinerators and landfills). Allow EPA to determine whether transfer will present risk of injury to health and environme nt.**TABLE 2 -**  **1, continued REPORTING REQUIREMENTS UNDER TSCA SECTION 6(e), 40 CFR 761**  **AND USE OF THE COLLECTED DA TA: ICR PART A, SECTIONS 2(a) and 2(b)** 



### -- 11 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information**  28 §§761.71(a)(2) and (b)(2) Notify EPA prior to initial use of high efficiency boiler to

burn mineral oil dielectric fluid. Seek approval to burn liquids, other than mineral oil dielectric fluid in a HEB. Ensure that the operation of high effi ciency boilers will not present a risk of injury to health or the environment. 29 §§761.72(c)(2) Notify EPA as a scrap metal recovery oven or smelter used to dispose of PCBs and comply with the reporting requirements of Subparts J and K. Ensure that the operation of industrial furnaces will not present risk of injury to health or the environment. (Also see number 44.) 30 §761.72(c)(3) Submit written request to the EPA Regional Administrator based on site
- specific risk assessments, in lieu of meeting requirements listed in §761.72. Allow EPA to assess whether scrap metal recovery oven and/or smelter operation will present risk of injury to health or the environment. 31 §§761.77(a)(1)(i), (a)(1)(ii)(A)( 1 ) and (C), and .77(a)(2) Submit a notification to the EPA Regional Administrator fo r coordinated approval and additional information, as requested by EPA. Submit an application for TSCA disposal approval, if the Regional Administrator denies the request for a coordinated approval or determines th at the conditions of the coordinated approval are not being met. Allow EPA to assess whether facilities seeking coordinated approval properly manage PCB wastes and recognize the f ederal or s tate waste management documents governing the properly managed facilities, thus contributing to more efficient use of limited resources.

32 §761.77(a)(3) Notify EPA of changes in waste management requirements in the non
- TSCA waste management document used to obtain TSCA PCB coordinated approvals. Ensure the prope r handling of PCB wastes.
33 §§761.79(h) Submit requests for approvals of alternative decontamination or sampling methods, for any person decontaminating porous surfaces other than concrete, as per paragraph (b)(4), or non -porous surfaces covered wi th a porous surface, as per paragraph (b)(3) or (c)(6), and/or by using a self
im plementing procedures other than prescribed in paragraph (c). EPA may request additional information. Allow EPA, on an as
- requested basis, to ensure that decontamination methods will not pose risk of injury to health or the environment.

**Subpart E**

**— Exemptions** **TABLE 2 -**  **1, continued REPORTING REQUIREMENTS UNDER TSCA SECTION 6(e), 40 CFR 761**  **AND USE OF THE COLLECTED DA TA: ICR PART A, SECTIONS 2(a) and 2(b)** 



### -- 12 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information**  34 §§761.80(e)(1) and (i)(1) Submit petition to qualify for the class exemptions for

manufacturing PCBs for disposal R&D and for the manufacture, import, processing, distribution, and export of PCBs and analytical reference samples derived from PCB wa ste for R&D. Allow EPA, on an as
- requested basis, to assess whether a facility meets the criteria for being granted an exemption. Minimize negative impacts from the rel atively time
- consuming statutory process for individual companies seeking an exemption from the prohibition on manufacturing, processing, and distributing in commerce of PCBs. [Statutory requirement] (Also see numbers 2 and 39). 35 §761.80(e), (i)(2) and (n) Submit requests for renewal of the class exemptions. Allow EPA, on an as
- requested basis, to ensure that facility operations will not pose risk of injury to health or the environment. 36 §§761.80(e) (3), (g)(2), and (i)(4) Obtain approval fr om EPA to exceed limits of the exemption. Allow EPA, on an as
- requested basis, to ensure that facility operations will not pose risk of injury to health or the environment. 37 §761.80(e)(4) Notify EPA b efore beginning R&D activities that include the manufacture of PCBs. Ensure that facility operation will not pose risk of injury to health or the environment. 38 §761.80(n) Submit a petition for certain exemptions to address increases in the amount of PCBs to be processed and distributed, im ported ( manufactured), or exported, or changes in the manner of processing and distributing, importing (manufacturing), or exporting PCBs. Allow EPA, on an as
- requested basis, to ensure that facility operations will not pose risk of injury to health or the enviro nment.
**Subpart F**

**— Transboundary Shipments of PCBs for Disposal**  39 §§761.93(a) and .97(a) Submit an exemption petition as per TSCA s ection 6(e)(3) to

im port PCBs or PCB Items for disposal. Allow EPA, on an as
- requested basis, to ensure that the import and export of PCBs and PCB Items will not pose a risk of injury to health or the environment. [Required by Statute.] (See number 2.) **Subpart G**

**— PCB Spill Cleanup Policy** **TABLE 2 -**  **1, continued REPORTING REQUIREMENTS UNDER TSCA SECTION 6(e), 40 CFR 761**  **AND USE OF THE COLLECTED DA TA: ICR PART A, SECTIONS 2(a) and 2(b)** 



### -- 13 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information**  40 §761.125(a)(1) (i) to (iii) Report certain spills of PCBs to EPA. Request guidance

from the EPA Regional Administrator in completing statistical sampling of the spill area to establish spill boundaries, where there are no visible traces of contamination. Make reporting consistent with CERCLA requirements and facilitate cleanu p of PCBs, to prevent exposure to PCBs.
**Subpart J**

**— General Records and Reports**  41 §§761.180(b) (3) and (c)(5) Submit annual reports for the operation of PCB incinerators,

chemical waste landfills, high efficiency boilers, and commercial storage facil ities, including facilities that dispose of the PCB wastes they generate. Report suspension of operations. Fill gaps in EPA’s knowledge of how PCB wastes are being handled and allow the Agency to respond to public and Congressional inquiries. Enable EPA to more effectively target disposal facilities for inspection and compliance monitoring.

41a §761.180(g) Provide records pertaining to the reclassification of PCB equipment, if requested by EPA. Address EPA’s concerns regarding reclassification proce dures and results for the specified equipment. (Also see number 68a.) 42 §§761.185 Notify EPA and certify low level PCB product contamination to be exempt from the requirements of Subpart B, regarding processes inadvertently generating PCBs and import s of products containing inadvertently generated PCBs. Certification must be repeated if the previous certification is no longer valid. Ensure products do not reach U.S. markets with unacceptably high levels of PCBs.

43 §761.187 Notify EPA when PCB r eleases exceed limits, to be exempt from the requirements of Subpart B, for products, manufactured or imported with inadvertently generated PCBs. Ensure that facility operations will not pose risk of injury to health/environment.
**Subpart K**

**— PCB Waste Dis**  **posal Records and Reports** 44 §§761.202(a); 205(a) to (c) Notify EPA of waste handling activities, for generators,

commercial storers, transporters, or disposers of PCB waste. Inform EPA of generators, storers, transporters, and disposers of PCB waste so that the Agency can ensure compliance with applicable regulations.**TABLE 2 -**  **1, continued REPORTING REQUIREMENTS UNDER TSCA SECTION 6(e), 40 CFR 761**  **AND USE OF THE COLLECTED DA TA: ICR PART A, SECTIONS 2(a) and 2(b)** 



### -- 14 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information**  45 §761.205(f) Report changes in notifications previously submitted by PCB waste handlers (i.e., amended notification). Ensure that PCB waste handlers are operating within the prope r criteria. 46 §§761.208(a) (4) and .215(b) to (d) Submit Exception Reports to EPA when PCB waste

generators, disposers, and/or commercial storers do not receive confirmation that a shipment of a PCB waste has been properly disposed of. Track the move ment of PCB waste to ensure they arrive at intended storage or disposal site.
47 §761.210(b) Submit Discrepancy Reports and copies of manifests to EPA when the PCB waste received by a disposer is significantly different from the description on the manifest that accompanies it, and the discrepancy is not resolved within 15 days after receiving the PCB waste. Enable EPA to investigate potential violations and prevent further environmental contamination. Target companies for inspection.

48 §§76 1.211(b) Notify EPA Regional Administrator of unmanifested PCB wa ste, for owners/operators of commercial storage facilities who cannot contact the generator of the PCB waste. Enable EPA to investigate potential violations and prevent further environmental contamination. Target companies for inspection. 49 §761.211(c) Submit Unmanifested Waste Reports (e.g., waste description, volume, disposition; date received; ID numbers of waste handlers for that waste) to EPA when disposers accept a shipment of PCB waste without an accompanying manifest. Enable EPA to investigate potential violations and prevent further environmental contamination. Target companies for inspection.
**Subpart T**

**— Comparison Study for Validating a New Perform**  **ance -**  **Based Decontamin ation Solvent under §761.79(d)(4)**  50 §§761.395 and 398(a) Submit results of analysis and validation study to the

Director, National Program Chemicals Division (NPCD). Allow EPA to confirm and publish findings in the Federal Register of new decontamination procedures.

### - 15
- **TABLE 2 -**  **2 THIRD**  **- PARTY NOTIFICATION REQUIREMENTS AUTHORIZED UNDER TSCA SECTION 6(e)**  **AND USE OF THE COLLECTED DATA: ICR PART A, SECTIONS 2(a) and 2(b)**
**Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Informa**  **tion 40 CFR 761**  **Subpart B**

**— Use**  51 §§761.20(e)(3) (ii);.30(i)(5) (ii); and .60(b) (5)(iv)(B) Burner of used oil must provide a 1
- time certification to the

marketer that he is in compliance with notification requirement at §761.71(a)(2). Limits distribution of used oil containing PCBs to authorized burners.

52 §§761.30(a) (1)(xi) and (xv)(A); 30(h)(1) (ii)(B) Report PCB Transformers and Voltage Regulator fire

incidents to the National Response Center
. Provide Federal officials with notice of individual and the environmental exposure to PCBs.

53 §761.30(a)(1) (xiv) Notify owner of PCB Transformer that equipment may pose

risk of exposure to food or feed. Allow determination to be made regarding risk of exposure to food and feed. 54 §761. 30(a)(1) (xv)(D) Register PCB Transformers with the building owner within

30 days of discovery. Provide local notice of the existence of PCBs. **Subpart D**

**— Storage and Disposal**  55 §761.60(a)(3) (ii) Provide information to chemical waste landfills that liquids

do not exceed 500 ppm and are not ignitable. Prevent release of PCBs and provide flexibility in disposal options for incidental liquids, making the rule consistent with RCRA land ban restrictions. 56 §761.60(b)(5) (i)(A)( 1 ) Include abandoned natural gas pipes that contain PCBs in

public service notification programs. Prevent exposure to PCBs. 57 §761.60(f)(1) (i) Provide s tate and local officials with notification prior to the

first use of an approved chemical waste landfill, incinerato r, or alternate PCB disposal technology. Inform relevant authorities of the operation of a PCB disposal facility in their region.**TABLE 2 -**  **2, continued THIRD**  **- PARTY NOTIFICATION REQUIREMENTS AUTHORIZED UNDER TSCA SECTION 6(e)**  **AND USE OF THE COLLECTED DATA: ICR PART A, SECTIONS 2(a) and 2(b)**



### -- 16 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Informa**  **tion** 58 §761.60(f)(1) (ii) Provide annual notice of the quantities and general

description of the PCBs disposed of during the year, at the request of any s tate or local government. Keep relevant authorities informed of PCB activities in their region.
59 §761.60(j)(1) (ii) Notify s tate, and local environmental officials (as well as

EPA) of PCB disposal R&D activities. Keep relevant regional authorities informed of PCB waste handling activities in their area. 60 §761.60(j)(1) (vii) Manifest, pursuant to Subpart K, all PCB wastes that are

generated by R&D on PCB disposal and transported from the R&D facility to a commerc ial storage or disposal facility, unless the residuals or unused samples are returned to the site of generation. Ensure proper handling and disposal of PCB wastes.

61 §§761.61(a) (3)(i) Notify s tate, and local environmental officials (as well as

EPA) of self

- im plementing remediation activity. Allow for flexibility in self
- implementing remediation by keeping proper authorities informed of remediation activities. 62 §761.61(a)(5) (i)(B)( 2 )( iv) Notify offsite non
- TSCA facility of pending shipment of

remediation waste. Ensure proper handling of PCB wastes. 63 §761.61(a)(8) (i)(A) Attach a notation to the deed for property at which

remediation projects require a permanent fence or cap. Ensure potential buyer is aware property is site of PCB remed iation. 64 §§761.62(b) (4)(i) and (ii) Provide notification to a receiving facility that does not have

a commercial PCB storage or disposal approval before the first shipment of a PCB bulk product waste stream. In addition, for certain waste this notice must be provided with each shipment thereafter. Ensure proper storage and disposal for PCB bulk product waste. (See also §§761.357 and 761.359.)

65 §761.65(c)(1) and (8) Attach a notation to a PCB Item or PCB Container

containing the item indicating the date the Item was removed from service. Facilitate the proper storage and disposal of PCB Items and Containers.**TABLE 2 -**  **2, continued THIRD**  **- PARTY NOTIFICATION REQUIREMENTS AUTHORIZED UNDER TSCA SECTION 6(e)**  **AND USE OF THE COLLECTED DATA: ICR PART A, SECTIONS 2(a) and 2(b)**



### -- 17 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Informa**  **tion** 66 §761.65(i)(3) Send information regarding the sample collector, the lab, date of shipment, quantity, and description of sample, when sending PCB samples to a laboratory for testing. Inform workers of appropriate contact information to ensure proper handling of PCBs. **Subpart G**

**— PCB Spill Cleanup Policy**  67 §761.125(a)(1) Report certain spills of PCBs to the National Respon se Center
. Make reporting consistent with CERCLA requirements and facilitate cleanup of PCBs, to prevent exposure to PCBs. 68 §761.125(c) (2)(ii) Place label or notice of PCB contamination at cleanup site. Inform personnel of presence of low level PC B contamination. **Subpart J**

**— General Records and Reports**  68a §761.180(g) Provide records pertaining to the reclassification of PCB equipment, if requested by recipients of equipment. Address recipient’s concerns regarding liability for improper recla ssification. (Also see number 41a.) **Subpart K**

**— PCB Waste Disposal Records and Reports**  69 §§761.207(a) and .208(a)(2) and (3) Prepare manifests and provide generator
- initiated manifests

of PCB waste to each transporter or designated commercial storage or disposal facility. Ensure proper tracking of PCB waste shipments.
70 §§761.208(c) (1)(iv) and (c)(2)(iv) Storer or disposer sends a copy of the manifest or shipping

paper to the generator. Ensure proper tracking of PCB waste shipments.
71 § §761.218(a) and (b) Send Certificates of Disposal to generators of PCB waste

when disposal of each item is complete for a manifested PCB waste shipment. Enable generators to confirm that each PCB Item in a shipment has been disposed of legally. Assure generator that the PCB waste has been disposed of and is in the final step of the cradle
- to - grave monitoring of PCB waste.

### - 18
- **TABLE 2 -**  **3 RECORDKEEPING REQUIREMENTS AUTHORIZED UNDER TSCA SECTION 6(e)**  **AND USE OF THE DATA: FOR ICR PART A, SECTIONS 2(a) and 2( b)** 
**Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information**  **40 CFR 761 Subpart A** 

**— General**  72 §761.1(f) Com ply with recordkeeping requirements of Subpart J (§761.185
- .193) as a condition of the exclusion from the manufacturing, processing, distribution in commerce, and use bans of Subpart B, for persons who inadvertently manufacture or import PCBs generated as unintentional im purities in excluded manufacturing processes, or generate PCBs in excluded manufacturing process or products with recycled PCBs, as defined in §761.3. Provide quality control that encourages manufacturers to audit their operations, to quantify their PCB releases, and to maintain their particular PCB releases within the limits that will assure that they have generated only trace amounts of PCBs. (See number 100.)

**Subpart B**

**— Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items**  73 §§761.20(e) (4)(i) and (ii); .30(i)(5)(ii); and .60(b)(5)(iv) (B) Marketer who first claims used oil does not contain

detectable PCBs must retain records supporting the claim and a copy of each certification notice received or prepared relating to transactions involving PCB
- containing used oil. Burners must include among the records a copy of each certification notice that has been provided to a marketer of PCB
- containing used oil. Allow EPA to verify compliance with the used oil provisions.

74 §§761.30(a)(1) (xii) and (xiv) Maintain records of inspection and maintenance history for

at least 3 years after the disposal of a PCB Transformer, including records of registration, as per §761.30(a)(1)(vi)(C). Allow EPA to verify compliance with the regulations and that PCB equipment was registered.**TABLE 2 -**  **3, continued RECORDKEEPING REQUIREMENTS AUT**  **HORIZED UNDER TSCA SECTION 6(e) AND USE OF THE DATA: FOR ICR PART A, SECTIONS 2(a) and 2(b)** 



### -- 19 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information**  75 §§761.30(a)(2)(v) (C) and (D); 7 61 .30(h)(2)(C) and (D) and 761.180 (g) Maintain records at the facility where PCB electrical

equipment (i.e., transformers, voltage regulators, electromagnets, switches) has been reclassified to a lower PCB concentration. Assist EPA in tracking the ulti mate disposition of PCB equipment.

76 §§761.30(i)(1) (iii)(B) and (C) Keep records of data collected on natural gas pipeline

systems that do not include sources of PCB contamination (e.g., natural gas compressors, natural gas scrubbers, and natural gas filters) but contain ≥50 ppm PCB. Retain data and records of actions taken to reduce PCB contamination by owners or operators of natural gas pipeline systems. Be able to demonstrate the reduction of PCB levels in a natural gas pipeline system.

77 §761.35(a)(2) Keep records of equipment stored for reuse. Ensure the proper handling of equipment stored for reuse. **Subpart C**

**— Marking of PCBs and PCB Items**  78 §761.40(c)(2) (ii) and (k) Keep records of the protected location of PCB Large Low

and High Voltage Capacitors, in lieu of marking. Have information available for preventing exposure to PCBs and allow flexibility in compliance with marking requirement. **Subpart D**

**— Storage and Disposal**  79 §761.60(j)(1) (ix) Keep records of R&D for d isposal activities. Have information ensuring the proper management of R&D for disposal activities.**TABLE 2 -**  **3, continued RECORDKEEPING REQUIREMENTS AUT**  **HORIZED UNDER TSCA SECTION 6(e) AND USE OF THE DATA: FOR ICR PART A, SECTIONS 2(a) and 2(b)** 



### -- 20 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information**  80 §§761.61(a) (3)(i)(E); and (a)(6) Retain records of the sampling plans, sample collection

procedures, sample preparation procedures, extraction pro cedures, and instrumental/chemical analysis procedures used to assess or characterize the PCB contamination at the cleanup site, and certification that these records are on file at the location designated in the certificate. Keep records of comparison studies for any alternate method used that meet or exceed the requirements of §761.326. Keep records of sampling and sample analysis to verify cleanup and on
- site disposal of bulk PCB remediation wastes and porous surfaces, as per Subpart O, §761.295. Allow EPA inspectors to ensure the proper operation of PCB remediation activities. (See also §§761.295.)

81 §761.61(a)(3) (iii) Retain the original written waiver of the 30
- day notification requirement for conducting a cleanup activity of PCB remediation w aste. Allow EPA to track administrative decisions regarding self
- im plementing remediation projects. 82 §761.61(a)(9) Keep records in accordance with §761.125(c)(5) for (a)(3), (a)(4), and (a)(5) of this part. Ensure that a remediation site has bee n properly decontaminated. (See number 97.) 83 §761.62(b)(5) Maintain a w ritten record of all sampling and analysis of PCBs or notifications made under this part for 3 years from the date of its creation and make available to EPA upon request **.** Allow EPA to assess whether PCB bulk product wastes are properly handled.

84 §§761.65(a) (2)(ii) and (a)(3) Keep a w ritten record of attempts to secure disposal capacity. If requested, keep records of PCB wastes stored beyond the 1
- year storage extension. Ensure that PCB wastes stored beyond the 1
- year storage extension do not pose unreasonable risk of injury to health and the environment. 85 §761.65(c)(1) (iv) Prepare/modify Spill Prevention, Control, and

Countermeasure Plans to address liquid PCBs > 50 0 ppm, to be able to temporarily store PCB Containers containing liquid PCBs in areas that do not comply with the storage requirements of §761.65. Ensure that adequate remediation measures have been defined and can be taken to avoid exposure to PCBs in th e event of a PCB spill.**TABLE 2 -**  **3, continued RECORDKEEPING REQUIREMENTS AUT**  **HORIZED UNDER TSCA SECTION 6(e) AND USE OF THE DATA: FOR ICR PART A, SECTIONS 2(a) and 2(b)** 



### -- 21 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information**  86 §761.65(c)(7) (ii) Prepare a Spill Prevention, Control, and Countermeasure

Plan (SPCC) when using large stationary storage containers, as per 29 CFR 1910.106, for liquid PCBs. Ensure that adequate remediation measures have b een defined and can be taken to avoid exposure to PCBs in the event of a PCB spill. 87 §761.65(c)(8) Keep records of the quantity and the date of each batch added to the stationary storage container. Allow EPA to monitor content of stationery storage containers. 88 §§761.65(c) (10) Establish and maintain records as per §761.180 for the

storage and disposal of PCBs and PCB It ems ≥50 ppm
. Allow EPA to assess whether PCBs and PCB Items are being properly stored for disposal. (See number 99.) 89 §§761.70(a) (3), (4) and (7); (c); and 761.180(c) Maintain for incinerators records of quantities, feed rates,

tem peratures, comb ustion products, and operations, and special records, as per §761.180(c); retain records for 5 years. Allow monitoring of incinerator operations.

90 §§761.71(a) (1)(vi) and (vii), (a)(4), (b)(1)(vi
vii), and (b)(5); and .180(e) Record feed rate, carbon dioxide emissions, the quantity of

low concentration PCB liquid burned in a high efficiency boiler each month, and the analyses of the waste burned in high efficiency boilers and retain the records for 5 years. Allow EPA to assess whether a high effi ciency boiler has operated according to the required specifications.

91 §761.72(a)(9) and (b)(6) Record and retain records of temperature readings from

scrap metal recovery ovens. Allow EPA to assess whether scrap metal recovery ovens and smelters are operated according to the required specifications. 92 §§761.75(b) (6)(iii) and (b)(8)(iv); 761.180(d) Maintain records for all PCB disposal operations at chemical

wa ste landfills, including PCB concentration in liquid wa stes, the three
- dimensional burial coordinates for PCBs and PCB Items, water sampling and analysis, and additional records as required in §761.180; retain records for at least 20 years after the facility ceases disposal operations. Allow EPA to assess whether disposal facilities are operating in compliance with regulatory requirements.

93 §761.79(d)(4) and Subpart T Retain test/validation results of performance
- based organic

decontamination fluids (PODFs) and verified aqueous decontamination fluids (VADFs). Allow EPA to ensure that a decontamination activity used proper decontamination fluids.**TABLE 2 -**  **3, continued RECORDKEEPING REQUIREMENTS AUT**  **HORIZED UNDER TSCA SECTION 6(e) AND USE OF THE DATA: FOR ICR PART A, SECTIONS 2(a) and 2(b)** 



### -- 22 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information**  94 §§761.79(f)(1) and (2) Keep records for 3 years of confirmatory sampling and

sampling locations/results for decontamination activities and compliance with self

- implementing procedur es. Allow EPA to assess whether a decontamination activity was properly im plemented. **Subpart E**

**— Exemptions**  95 §§761.80(e) (5) and (i)(7) Keep records of activities associated with

manufacture/processing/distribution in commerce of PCBs or PCB referen ce samples derived from waste materials for R&D; retain records for 3 years after operations cease. Ensure accountability for PCB activities otherwise banned by statute.

96 §761.80(g)(1) Keep records of activities associated with the processing and di stribution in commerce of small quantities PCBs for R&D. Ensure accountability for PCB activities otherwise banned by statute. **Subpart G**

**— PCB Spill Cleanup Policy**  97 §§761.125(b) (3) and (c)(5); .61(a)(9) Maintain records of cleanup and certification of

decontamination for 5 years, for low
- and high
- concentration spills. Allow EPA to assess compliance with requirements and pursue enforcement actions, when appropriate. 98 §761.125(c) (1) Maintain records documenting delay in spill cleanup

activiti es and areas of visible contamination. Allow EPA to assess compliance with requirements and pursue enforcement action, when appropriate. **Subpart J**

**— General Records and Reports**  99 §§761.180(a), (a)(4), (b) and (f); 761.65(c) (5) Maintain annual rec ords and written annual document log

for PCBs and PCB Items for 3 years after facility ceases PCB activities, including signed manifests, Certificates of Disposal, records of inspections and cleanups, facility and Item identification information, total num ber of Items, telephone records, and PCB Item transfer information. Collect and maintain documents, correspondence and data pertaining to storage/disposal of PCBs that have been provided t o as well as received from any s tate or local Allow EPA to assess compliance with requirements and pursue enforcement action, when appropriate.**TABLE 2 -**  **3, continued RECORDKEEPING REQUIREMENTS AUT**  **HORIZED UNDER TSCA SECTION 6(e) AND USE OF THE DATA: FOR ICR PART A, SECTIONS 2(a) and 2(b)** 



### -- 23 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement 2(b) Use of Collected Information** 

government agency and any application/corr espondence submitted to local, s tate, or f ederal permitting authorities. 100 §§761.185(c) (2), (d) and .193 (a) and (b) Maintain the oretical analysis or monitoring records by

persons who import, manufacture, process, distribute in commerce, or use products containing inadvertently generated or recycled PCBs, pursuant to §761.1(f)(1) to (3). Maintain letter certifying compliance with § 761.1(f), for excluded manufacturing processes. Allow EPA to ensure the proper management of PCB activities.

101 §§761.208 and 761.209 File and maintain manifests initiated or received by a PCB

wa ste handling facility (i.e., generators, transporters, commercial storers and disposers) and maintain records of all telephone and other conversations regarding manifest communications, which are to be included in the annual log in accordance with §761.180. Provide a record of the fate of each waste shipment sent to a disposal site, allowing EPA to determine if a waste had been properly or improperly disposed.

102 §761.218(c) Maintain a copy of each Certificate of Disposal received from disposers, for generators and commercial storers of PCB waste. Provid e a record of the disposal of a waste shipment, allowing EPA to determine if a waste has been properly or improperly disposed. **Subpart T**

**— Comparison Study for Validating a New Perform**  **ance -**  **Based Decontamination Solvent under §761.79(d)(4)** 103 §761.398(c ) Record testing parameters and experimental conditions in standard operating procedures (SOP). Results of validation study are to be affixed as an appendix. Allow EPA to assess compliance with requirements and pursue enforcement action, when appropriat e.

### -- 24 **3. NON**  **- DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION**  **CRITERIA 3(a)**  **Non -**  **Duplication** TSCA s ection 6(e) assigns the responsibility for regulating the manufacture, processing, distribution in commerce, use, storage, and disposal of PCBs to the EP A Administrator. All of the information requested under this I CR is required by the statute and the implementing regulations at 40 CFR 761 and is not available from other sources. The information collection requirements addressed in the I CR are not dupli cative of any other Federal agency legislation. No other Federal agency

requires respondents to report or maintain information on the manufacturing, processing, or distribution in commerce of PCBs. For example, the notification and recordkeeping requirem ents of §§761.185, 761.187, and 761.193 comprise the sole source of information EPA relies on to identify the manufacturing sites that inadvertently

manufacture PCBs and to verify that the members who have certified their eligibility

for the exclusion are not exceeding the prescribed limits on PCB releases. Over time, reviewers of the PCB ICRs have suggested that the TSCA PCB requirements are duplicative of TSCA inventory Form U reports, EPCRA Tier Iand II reports, and Customs records that presumabl y coul d be used b y EPA to identify a product’s PCB concentration (§§761.185 and .187); that RCRA, CWA, CAA, and CERCLA could be used by EPA to address air and water emissions and process waste concerns (§761.187); and that EPCRA reporting requirements could be u sed by EPA to identify

locations of PCB Transformers and PCB releases (§§761.30(a)(1) and .187). However, none of these requirements begin to address the concerns that are being tracked under the TSCA PCB regulations. For example, Customs records collect information on importation (i.e., chemical products, points of entry , and quantities, not products with de minimis levels of PCBs). The EPCRA and TSCA inventory reports do not gather information at the levels that would be useful under the PCB regulation s. Finally , the RCRA, CWA, CAA, and CERCLA provisions cannot be used to monitor PCB concentrations in consumer products or to prescribe disposal procedures for PCBs. **3(b) Public Notice Required Prior to ICR Submission to OMB**  In proposing to renew this I CR, EPA provided a 60
- day public notice and comment period that ended on February 28, 2010 (75 FR 82007) . EPA received two sets of comments, from the Utilities Solid Waste Activities Group (USWAG) and the Color Pigments Manufactures Association (CPMA)
. A copy of the memorandum containing EPA’s responses to these comments appears as Appendix E to this Supporting Statement. The public comments can be found at www.regulations.gov, at docket ID number EPA
- HQ
- OPPT
- 2010
- 0910
. CPMA commented that the cost estimates for the burden of compliance provided in the PRA s upporting statement significantl y underestimate the costs of compliance with the reporting obligations because the cost of management time is missing from the estimate of costs. This comment did not provide sufficient detail on what amount of management supervision is needed

### -- 25 for the maintenance of records. However, EPA agre es that a minimal amount of management supervision is necessary

to ensure records are compiled and maintained. Accordingl y, EPA rev ised its burden estimate to include 0 .5 hours of managerial time and reduced its estimate of the technical time b y 0 .5 hours (Ref. 100) and the Supporting Statement has been edited accordingl y where appropriate. **3(c) Consultations**  On numerous occasions d uring the course of regulating PCBs, the Agency has consulted with the regulated community and the public. These consultations have been held directl y with industry officials and, on an ongoing basis, with owners and operators of regulated facilities, during EPA enforcement activities and facility inspections. For example, when developing the rules pertaining to PCB Transformer use, EPA consulted with the Department of Agriculture, U.S. Department of Health and Human Services, and the Small Business Admin istration. To obtain information on the numbers of transformers subject to the requirements, EPA consulted with the Edison Electric Institute, Equitable Life Assurance, and the Building Owners and Managers Association. As a result of the promulgated Elec trical Equipment Use Rule, EPA has consulted with various organizations and agencies on an ongoing basis. EPA also meets annually with representatives from more than 50 utilities and electric cooperatives who have verified the burden estimates related to inspection recordkeeping requirements for PCB Transformers. The most recent of these meetings , sponsored b y Regulatory Compliance Services , Inc., was the National Convention held in October 20 10 , in Springfield, Missouri
. In conjunction with the current proposed rulemaking, Polychlorinated Biphenyls (PCBs) Reassessment of Use Authorizations, EPA has held six public meetings to gather input from key stakeholders in addition to requesting comments in the advance notice of proposed rulemaking. The meetings were held in New York City on May 4, 2010; in Chicago on May 18, 2010; in Atlanta on May

25, 2010; in Washington, DC on May 27, 2010; in San Francisco on July 22, 2010; and in New York City on July 29, 2010. This current ICR renewal effort also involv ed gathering information about the number of notifications the Agency

has received over the past three years for the various reporting burdens (see Table 2
- 1) and the number of PCB spills reported to the National Response Center in 2009 (U.S. Coast Guard, 20 09 ). It also involved using information gathered for preparing Appendix A: Data Acquisitions Report for an Economic Analysis of Phasing Out PCB Transformers and Large Capacitors , including information obtained from conversations with regulated entities (U.S. EPA, 2004a). For this project, the Agency consulted with large and small utilities, electric cooperatives, PCB waste handlers and equipment owners, analyzing the data within the context of the limitations mentioned above. It is noted that the respo nses regarding reporting and recordkeeping burdens are variable. Comments are incorporated throughout the supporting statement. Sources are listed in the reference section. In addition, concurrent with the public comment period for this ICR renewal, EP A conducted a consultative outreach effort. EPA contacted seven potential respondents to solicit

### -- 26 their opinion on the PCB recordkeeping and recording requirements. These individuals were: Jim Roewer, Executive Director Utility Solid Waste Activities Gro up c/o Edison Electric Institute 701 Pennsylvania Avenue, NW Washington, DC 20004
- 2696 Jim.Roewer@USWAG.org (202) 508
- 5645 James F. Stine National Rural Electric Cooperative Association 4301 Wilson Boulevard Arlington , VA 22201
- 1860 james.stine@nreca.co op (703) 907
- 5739 J. L awrence Robinson, President Color Pigments Manufacturers Association 300 North Washington Street, Suite 105 Alexandria, VA 22314 cpma@cpma.com (703) 684
- 4044 Mark Pennell PCS, I NC. Ozark, MO 6 5721 RCSINC@aol.com (417) 886
- 4580 Pam L acey American Gas Association 400 N. Capital St., NW Washington, DC 20001 placey @aga.org (202) 824
- 7000 John B. Anthony Senior Vice President Max ym illian Technologies, Inc. 1801 East Street Pittsfield, MA 01201 janthony @max ym illian.com (413) 499
- 3050

### -- 27 Guy Donzella EPS In dustries 4 Industrial Park Drive Wheeling, WV 26003 gddonzella@epsonline.com ( 304 ) 232
- 159 0 ext.23 EPA received an oral response from the American Gas Association (AGA) and a written response from EPS Industries to its s olicitation for consultations. A copy of EPA’s consultation e - mail to the above potential respondents appears i n Appendix F
- 1
. A summary of AGA’s response and a cop y of the response from EPS Industries appear in Appendix F
- 2. The responses did not result in any

changes to the Supporting Statement. **3(d) Effects of Less Frequent Collection**  EPA has judged that the reporting and recordkeeping requirements of the ICR are the minimum amount necessary to prevent injury

to health and the environment. These requirements ensure adequate oversight by EPA over the use of PCBs and PCB equipment and the storage and disposal of PCB wastes. If these activities were conducted less frequentl y, the mismanagement and improper storage and disposal of PCBs would likely cause subsequent environmental contamination. There are several examples of one
- time PCB information collection requirements. One example is the notification and certifications requirements of §761.185, which are supported by relevant sampling data or by theoretical anal ys is. Only when processes are modified are importers and manufacturers required to re
- notify . The notification requirements regarding installation of PCB Transformers in emergency situations and for owners who elect not to install enhanced electrical protection on lower voltage secondary transformers were one
- time notifications that were to be complet ed b y October 1, 1990. Another example are the reports on total PCB releases of §761.187 that need onl y be submitted if the PCB levels in the products exceed the specified annual average of 25 ppm, or when releases to air and water exceed the regulatory

thresholds. Also, EPA requires one
- time notifications for owners to register their newly discovered PCB Transformers (see EPA Form 7720
- 12, PCB Transformer Registrations at Appendix C) and for individuals to notify the Agency

of their PCB waste handling ac tivities (see EPA Form 7710
- 53, Notification of PCB Activity at Appendix D); both notifications can be accomplished b y completing a simple form, although use of the form is optional when registering PCB Transformers. **3(e) General Guidelines**  Most of the i nformation requested b y this I CR is consistent with OMB’s Paperwork Reduction Act Guidelines. E xceptions are as follows.

### -- 28 Under the information collection requirements of §§761.185 and 761.193, manufacturing and monitoring records that document PCB levels in products and anal ys es that support the one
time notification and certification of compliance for the process must be retained for either 3 ye ars after the certified process ceases operations or 7 years, whichever is shorter. The content of the file mo st likely

would not change over the 7
- ye ar period, so the burden of keeping the file is substantially

mitigated by

its limited contents. Likewise, entities that monitor for actual PCB concentrations in the products they manufacture, use, process, distribute in commerce, or recycle must also maintain monitoring data records under §761.193 for either a 3
- year period after the operation ceases or up to 7 years. The effect of this provision is to impose an equal retention period for sampling data on all those who deal with inadvertentl y generated PCBs in products, whether the PCBs result from excluded manufacturing processes or recycling. To comply

with the storage and disposal requirements of Subpart D, disposers and commercial storers must retain records fo r at least 3 years after the facility is no longer used for the storage or disposal of PCB wastes, except that chemical waste landfills must maintain records for at least 20 years after the facility no longer accepts PCB wastes. The reason for requiring records retention for landfills in excess of 3 years is that a leak from a chemical waste landfill could take years to develop into a noticeable environmental problem. L andfill records are the onl y mechanism to accuratel y trace the source of the contamination. Also, certain operational records maintained b y the owner/operator of incineration facilities and high efficiency boilers must be retained for 5 ye ars from the date of collection. This enables facilities to demonstrate to enforcement officials that the facility has consistently

complied with relevant technical requirements and conditions specified in the disposal permit. The Final Disposal Amendments Rule contains several provisions that require recordkeeping for 5 years or more. These provisions include §761.61(a)(9), which requires the notifications and remediation site cleanup activity documentation, pursuant §§761.61(a)(3), (4), and (5), to be maintained for 5 years. Section 761.61(a)(8)(i)(A) requires a notice be permanentl y affixed to the dee d of any property where a remediation project has resulted in the installation of a fence or ground cover cap to increase protection from exposure to PCBs. These measures were taken to enable adequate oversight of remediation projects by environmental off icials and to provide adequate notice to potential new owners of property where remediation projects were undertaken. There are a number of provisions in Part 761 that require reporting within 15 or 30 day s of the occurrence of a specific event. For example, the third
- party notification requirements of §§761.61(a)(5)(B)(2)(iv) and 761.62(b)(4)(i) and (ii) require generators to provide notice to certain off

- site facilities at least 15 day s prior to shipping certain wastes. These reporting requirements are not triggered by the calendar (i.e., they

are not required quarterl y or at more frequent intervals). Therefore, the Agency does not believe that these provisions, or the following 30
- day

reporting requirements, need special justification:

 

### §761.30(a)(1)(vi)(A)(1) requires owners of PCB transformers to register the transformer with EPA within 30 day s of discovery.

### -- 29  

### §761. 60(j)(1)(ii) requires EPA, s tate, and local environmental protection agencies to be notified of the commencement of pilot
- scale PCB R&D di sposal activity
.

 

### §761.61(a)(3)(i) requires EPA, s tate or tribal, and county or local environmental protection agencies to be notified of the location of a remediation waste cleanup project.

 

### §761.65(a)(2)(i) requires EPA to be notified of intent to store waste beyond the 1
- ye ar limit 30 day s prior to the expiration of the 1
- ye ar time frame when disposal cannot be accomplished within that period.

 

### §761.70(b)(8) requires EPA to be notified 30 day s prior to transferring ownership of an incinerator.

 

### §761.75(c )(7) requires EPA to be notified 30 day s prior to transferring ownership of a landfill.

 

### §761.80(e) requires EPA to be notified 30 day s prior to commencing PCB R&D disposal activity

when using manufactured/imported PCBs obtained under this exemption.

 

### §761 .180(c)(5) requires EPA to be notified within 30 day s of suspension of incineration operations.

 

### §761.205(f) requires EPA to be notified within 30 day s of changes to previous PCB Notification.

 

### §761.207(c)(1)(iv) requires commercial storers/disposal facilities to send copy of manifest to generators within 30 day s of receipt of waste.

 

### §761.218(b) requires disposers to send Certificates of Disposal to generator within 30 day s of disposing of his waste. **3(f) Confidentiality**  Petitioners or permit applicant s may claim that all or part of any information given to EPA, such as process design information, is confidential business information (CBI). EPA handles claims of confidentiality pursuant to established CBI procedures, as found at s ection 14 of TSCA, 40 CFR 750.16 and 750.36, and the Agency ’s TSCA CBI Manual. CBI is also protected under the Freedom of Information Act (5 USC 525). Most of the information requested in the reporting or recordkeeping requirements of these collections is not of a confidential nature.

### -- 30 **3(g) Sensitive Questions**  EPA asks no questions of a sensitive nature. **4. THE RESPONDENTS AND THE INFORMATION REQUESTED**  **4(a) Respondents/NAICS Codes**  EPA’s PCB regulations could affect entities in all industrial categories, regardless of si ze, that currentl y possess PCB Items, PCB
- contaminated equipment, or other PCB waste. These entities include those in both the public and private sectors, and may include not
- for
- profit organizations as well as for
- profit entities. Entities that generate PCB wastes comprise the following classes:

 

### Electric utility

industry (NAI CS 2211), including municipal and county electric sy stems, and other publicly owned s ys tems, such as irrigation districts. It has been estimated that 70 percent of PCBs produced w ere used in dielectric fluid for transformers and capacitors. Thus, such high
- voltage equipment represents a significant use of PCBs and therefore a major source of PCB waste generation. EPA studies of the numbers of such equipment in use assumed that utilities owned 30 percent of the askarel transformers, 80 percent of the mineral oil transformers, and 90 percent of the large PCB Capacitors, with the remainder owned by non - utility industrial enterprises (U.S. EPA, 2004a).

 

### Non
- utility

entities with privately
- owned electric equipment, such as:

 

### oil and gas producers (NAI CS 211111)

 

### manufacturers (NAICS 31
- 33)

 

### line
- haul railroads (NAICS 48211)

 

### telecommunications (NAICS 513)

 

### refuse s ys tems (NAICS 562111) EPA studies have shown that these entities account for more than 90 percent of PCB waste generated b y the non
- utility private sector. Hospitals (NAICS 62211) and colleges/universities (NAICS 61131) are also likely to have high
- voltage electrical equipment of the ty pe associated with PCB use and contamination
.

 

### Entities with PCB ballasts from fluorescent light fixtures, including manufacturing and industrial entities, government bodies and school districts that have such lighting equipment.

 

### Entities operating natural gas pipelines.

### -- 31  

### Entities engaged in bulk s olid waste operations, such as automobile shredders.

 

### Entities involved in remediating PCB wastes, such as Superfund and other hazardous waste sites.

 

### PCB disposal facilities that must obtain approval from EPA to operate (e.g., incinerators, chemical was te landfills, alternate disposal technologies). This would include individuals, businesses, f ederal agencies, and s tate/local governments engaged in PCB waste management activities. NAI CS code 562111, hazardous waste material disposal sites, may be appli cable.

 

### Other primary

respondents include:

 

### trucking and warehousing (storage) (NAICS 484)

 

### sanitary

services (incinerators, landfills) (NAI CS 5622)

 

### steam suppliers [high efficiency boilers (HEB)] (NAI CS 22133)

 

### Administrators of Environmental Quality Programs (NAICS 924)

 

### All chemical manufacturers (and importers of products) who wish to qualify excluded processes and continue the legal manufacture (or importation) of trace amounts of PCBs; the processing, distribution in commerce, or use of chemical product s that contain the PCBs generated in excluded manufacturing processes; and the processing, distribution in commerce, or use of products containing “recycled PCBs” (§761.3) must comply with appropriate notification and recordkeeping requirements. These res pondents are classified under NAICS codes 3254, 325611, 325, 3253, which are drugs; soap, cleaners, and toilet goods; industrial organic chemicals; and agricultural chemicals, respectively. Other affected industries may include:

 

### alkalies and chlorine (NA IC S 325181)

 

### inorganic pigments (NAICS 325131)

 

### plastic materials and resins (NAICS 325211)

 

### sy nthetic rubber (NAICS 325212)

 

### organic fibers non
- cellulosic (NAICS 325222)

 

### other chemicals and allied products (NAICS 3259981)

 

### adhesives and sealants (NAI CS 32552)

 

### printing ink (NAI CS 32591)

 

### chemical preparations (NAI CS 325998)

 

### rubber and miscellaneous plastic products (NAI CS 326)

 

### Respondents who petition the Agency for exemption from the prohibitions and restrictions on the manufacture, processing, and distribution in commerce of PCBs may include general manufacturing industries (NAI CS 31
- 33) and Electric Equipment Manufacturing (NAICS 335).

### -- 32 **4(b) Information Requested**  **(i) Data Items** Many of the information collection requirements are triggered onl y b y an indi vidual’s need to address a particular PCB scenario, while other requirements appl y t o the universe of individuals who use, process, distribute in commerce, or dispose of PCBs. EPA anticipates that no one individual would be subject to all of the requirements listed below. The reporting, third
party reporting, and recordkeeping data items contain the reference number used throughout this document, the existing ICR number, a description of the requirement, and the regulatory citation, and are organized acco rding to the subparts of 40 CFR 761. **(A) Notifications/Reports**  . Respondents are required to submit information to EPA to accomplish the following reporting tasks. (Refer to Tables 2
- 1, 2
- 2, and 2
- 3 for summaries of the reporting, third
- party

reporting, and recordkeeping requirements of this consolidated I CR). **40 CFR 761 Subpart A** 

**— General**  (#1) Certification Notification for Excluded Manufacturers : The primary reporting requirement for manufacturers who inadvertentl y generate PCBs and importers of prod ucts containing inadvertentl y generated PCBs is a certified notification to EPA. The notification (1) identifies the manufacturing processes that generate PCBs in products at levels above 2 parts per million (ppm); (2) certifies compliance with all PCB re lease conditions on excluded processes; and (3) states whether the certification is based on actual monitoring data or on theoretical anal ys is of the chemical reaction(s) involved in the manufacturing process. Additionally , manufacturers and importers mus t report to EPA data on their processes during periods of unusually high generation or releases of PCBs. Reports are required in any calendar year where total quantities of PCBs in manufactured products exceed 0.0025% of a manufacturing site’s rated capac ity , or the total quantity of PCBs imported exceeds 0.0025% of the average for PCB
containing products that were imported during the 1978
- 1982 timeframe. Also, reporting is required when total PCB releases to air or water exceed 10 pounds during the year at any site, and certification must be repeated whenever process conditions are significantly modified [§§761.1 (f)(1)
- (3); Subpart J; also see the entries for #42 and #43]. **Subpart B**

**— Manufacturing, Processing, Distribution in Commerce, and Use of PCBs**  **and PCB Items**  (#2) Exemption Petitions : Individuals seeking exemptions to manufacture (import), process, or distribute in commerce (export) PCBs as per TSCA s ection 6(e)(3), must submit exemption petitions unless otherwise authorized [§761.20(b) and (c)( 1) and (3)]. (#3) Transformer Registration : Owners of PCB Transformers are required to register

### -- 33 their transformers with EPA. The registration program provides s tate officials and emergency response personnel information for providing a significantly higher degree of protection in emergency

situations. This information is also for use to address requirements of international environmental programs to identify sources and reduce or eliminate the reliance on PCBs. In formation that must be included in the notification consists of the following: transformer address (i.e., location); number of PCB Transformers, including total weight in kilograms; and the name, address, telephone number, and signature of the owner, operator, or other authorized representative certifying the accuracy of the submitted information. The use of a form is optional, as is information on whether the unit(s) contains a flammable liquid. A copy of EPA Form 7720
- 12, which can be used for submitting this information [§761.30(a)(1)(vi)], is included in this report as Appendix C. Note that §761.30(a)(1)(xv)(D) removes the requirement to register PCB Transformers with the fire department, but retains the requirement to register the transformers with building owners. (See #54.) (#4) PCB Equipment Reclassification : Persons wishing to use alternate methods to reclassify PCB equipment (i.e., transformers, electromagnets, switches, and voltage regulators) must obtain EPA approval to do so [§§761.30(a)(2)(v)(c); .30(h)(2)(v)(c)]. Therefore, E PA requires information on the process that is being considered as well as equipment identification information. (#5) Use of Natural Gas Pipelines and Other Gas or L iquid S ys tems: Owners/operators of natural gas pipelines who sell or distribute natural g as are authorized to use natural gas pipelines that have been contaminated with PCBs in concentrations ≥50 ppm, if they take certain actions to identify

sources of contamination and reduce levels to <50 ppm PCBs. Owner/operators of these pipelines must submit a written description of the general nature and location of PCB contamination in concentrations ≥50 ppm if requested b y EPA. This description is sent to the EPA Regional Administrator or the Director, National Program Chemicals Division (NPCD), at EP A, if the contaminated pipe is located in more than one Region. Owners/operators must also make available to EPA, upon request, documentation of their data and actions taken or not taken to comply

with the conditions of the use authorization. [§761.30(i) (1)(iii)(A)( 1 ) ; .30(i)(1)(iii)(C) ]. (#6) EPA Approval for Uses of PCBs in Other Gas or L iquid Sy stems : The u se of ≤50 ppm PCBs in “other” gas or liquid transmission sy stems is authorized. Operators with sy stems with PCBs at concentrations of ≥50 ppm must obtain written consent from the Director, National Program Chemicals Division, who may then specify

conditio ns necessary

to reduce the levels of PCBs in the sy stem. It is not apparent that s ys tems not otherwise authorized under the regulations exist. Therefore, EPA expects this authorization to be rare and has no basis for developing a burden for this notification requirement. Without this authorization, however, use of such gas or liquid s ys tems with PCBs ≥50 ppm would be prohibited [§761.30(t)(3)]. (#7) Exceeding Storage Limitations for PCB Articles Stored for Reuse : EPA has limited the storage for reuse o f PCB Articles in areas not meeting the TSCA approved storage standards in §761.65 to a period of 5 years. However, RAs may grant extensions beyond 5 years with

### -- 34 conditions if a request explaining the rationale for the extension is submitted 6 months prior to the expiration date [§761.35(b)]. Regulated entities obtained approvals for 5
- ye ar storage periods during 200 8 , which makes these approvals valid through 20 13 . The next approval period will occur during this I CR period. **Subpart D**

**— Storage and Disposa**  **l** (#8) Permit Applications and Demonstration Plans for Disposal Facilities : The application must contain the following types of information, if applicable: (1) name, address, and phone number of the unit’s principal manager; (2) location of the facility where the unit will be tested and the location where the unit will be stored and serviced when not engaged in testing; (3) detailed description of the unit including general plans and design drawings; (4) engineering report or other information on the anti cipated performance of the unit; (5) sampling and quality assurance plan; (6) waste volumes expected to be handled, process design capacity, process control, reagent
- to - waste feed ratios, and safety features; (7) local, s tate, or f ederal permits or approvals; (8) schedules and plans for complying with the approval requirements; (9) contingency

plan that describes steps taken in case of process failure, spill, or overflow; and (10) environmental impact, including process emissions, toxicity and disposal of p rocess products, site relationships, and steps taken to protect the health of the operator. Following receipt of the application, EPA may require additions or modifications to the application, disapprove the application, or determine that a process demons tration is required and will notify

the person who submitted the application. The following information is requested of persons who are asked to demonstrate their process for the Agency : (1) time, date, and location of the process demonstrations; (2) quantity and type of PCBs and PCB Items to be processed; (3) parameters to be monitored and location of sampling points; (4) sampling plan and quality assurance plan, including sampling frequency , methods, and schedules for sampling analy sis; and (5) names, addresses, and qualifications of persons who review the analy tical results and other pertinent data and who will perform a technical evaluation of the effectiveness of the process demonstration. Following receipt of the process demonstration plan, EPA will either approve the plan, require additions or modifications to the plan, such as additional testing or anal ys is to help the reviewing officials determine the safety and efficiency of the process, or disapprove the plan. Any person who is required to inc inerate any PCBs and PCB Items and who can demonstrate that an alternative method of destro ying PCBs and PCB Items can achieve a level of performance equivalent to an approved incinerator or high efficiency boiler, as per §§761.70 or .71, respectivel y, mus t submit a written request to EPA for a waiver from the incinerator or high efficiency boiler (HEB) requirements [§§761.60(e), (i)(2); .70(a),(b),(d); .75(b)(7), (b)(8)(ii), and (c)]. (#9
- 11) Notification about PCB Research and Development Activities ( R&D) : Individuals engaged in R&D for disposal under §761.60(j) must notify the EPA Regional A dministrator , and s tate and local environmental officials 30 day s before conducting the R&D

### -- 35 for disposal activity

[§761.60(j)(1)]. The notification must provide the EPA identification number for the location of the R&D activity [§761.60(j)(1)(i)], quantity of PCBs to be processed, ty pe of R&D, phys ical and chemical properties of the material being treated, and an estimate of the duration of the R&D activities [§761 .60(j)(1)(ii)]. [NOTE : After reviewing the submitted information, EPA may

determine, based on potential unreasonable risks to health or the environment, to impose additional conditions on the R&D project in the form of an Approval.] [§§761.60(j)(1) and ( 2)]. Additionally , requests to exceed the specified limits for the quantities of PCBs used, the maximum concentration of PCBs, the total amount of pure PCBs, or the duration of the R&D activities must be submitted to the EPA Regional Administrator 

### . Each request shall specify the quantity or concentration requested or additional time needed and include a justification for each increase. For extensions to the duration of the R&D for PCB disposal activity , the request shall also include a report on the acco mplishments and progress of the previously authorized R&D activity for which the extension is sought [§761.60(j)(2)]. This notification identifies those individuals who do research on/with PCBs, their locations, and the ty

pe of activities they

perform. B y establishing a small quantity exemption for R&D, EPA is reducing the burden previously associated with the existing requirement that individuals who engage in R&D into PCB disposal technologies obtain a TSCA R&D Approval. EPA does not require this infor mation to be submitted on a specific form or in a specific format. By requiring individuals to write a letter to the Regional Administrator , EPA is providing maximum flexibility

to the respondent to minimize the burden associated with this notification provision. (#12
- 15) Self

- implementing Remediation : Owners of remediation sites are required to notify , in writing, the EPA Regional A dministrator and the appropriate s tate (or tribal), county (or local) environmental agencies at least 30 day s prior to co nducting remediation activities. The notification must include the following information: the nature of the contamination; a summary of the procedures used to sample contaminated and adjacent areas; a table or cleanup site map; the location and extent of PCB contaminated areas, including topographic maps; and a cleanup plan for the site [§761.61(a)(3)(i)]. Once the remediation project has been initiated, any proposed deviation from the notification previously submitted must be reported to EPA no less than 14 day s prior to the proposed implementation of the change [§761.61(a)(3)(ii)]. Any person conducting a cleanup activity may obtain a waiver of the 30
- day notification requirement, if they receive a separate waiver, in writing, from each of the agencies they are required to notify

under this section [§761.61(a)(3)(iii)]. Additionally, under the self
- implementing provision, persons must submit a written certification to the EPA Regional Administrator that the sampling plans, sample collection and preparation procedures, extraction procedures, and instrumental/ chemical anal ys is procedures used to assess or characterize the cleanup site are on file at the location designated in the certificate and are available for EPA inspection. Persons using alternate m ethods for chemical extraction and chemical analy sis for site characterization must include in the certificate a statement that indicates that such a method will be used and that a comparison study that meets or exceeds the requirements of §761.269(c) of S ubpart Q, for which records are

### -- 36 on file, has been completed prior to verification sampling [§§761.61(a)(3)(i)(E) and 761.274]. Additionally , persons conducting remediation waste projects that require the use of a fence or cap, must record a notation on th e deed to notify potential purchasers of the property (i.e., a third
- party notification) and submit to EPA a certification that the property deed has a notation to that effect [§761.61(a)(8)(i)]. (#16) Risk
- based Remediation: Any person wishing to clean up, store, or dispose of PCB remediation waste in a manner other than prescribed in the self
- implementing or performance
based disposal options must apply in writing to the EPA Regional Administrator 

### . Each application must contain information as described in §761.61(a)(3) (e.g., nature and extent of the contamination, sample procedure, cleanup plan, and certification that records have been maintained). The EPA may request the submission of other information it believes necessary to evaluate the applicatio n [§761.61(c)(1)]. (#17) Risk
- based Cleanup Approval for PCB Bulk Product Waste : Any person wishing to sample or dispose of or store PCB bulk product waste in a manner other than prescribed in paragraphs (a) or (b), or store the waste other than prescrib ed b y §761.65, must apply in writing to the EPA Regional Administrator or Director, NPCD. Each application must contain information indicating that the proposed storage and disposal methods or locations will not pose an unreasonable risk of injury to heal th or the environment. EPA may request the submission of other information it believes necessary to evaluate the application [§761.62(c)(1)]. (#18
- 20) Exceeding Storage Limitations for PCB Wastes : A mechanism has been established for automatically ext ending the 1
- ye ar storage for disposal deadline for another ye ar based on an adequate justification. Any person storing PCB waste that is subject to the 1
- year time limit for storage and disposal may provide written notification to the EPA Regional Admini strator that their continuing attempts to dispose of or secure disposal for their waste within the 1
- ye ar time limit have been unsuccessful. For the automatic extension of the 1
- ye ar time frame, EPA must receive the notification at least 30 day s before th e initial 1
- ye ar time limit expires and the notice must identify the storer; the ty

pes, volumes, and locations of the waste, and the reasons for failure to meet the initial 1
- ye ar time limit [§761.65(a)(2)]. For subsequent extensions of the time frame for storing PCB wastes, the requestor must submit specific justifications and indicate measures he or she is taking to secure disposal or reasons wh y disposal could not occur during the prior extension. EPA may require specific actions as conditions to granting the extension, including marking, inspection, recordkeeping, or financial assurance to ensure that the waste does not pose an unreasonable risk of injury to health or the environment [§761.65(a)(3)] or the submission of periodic progress reports [§761 .65(a)(4)]. (#21) Storage Containers for PCB/Radioactive Waste : Containers prescribed by the American National Standard Institute (ANSI) for nuclear criticality safety m ay be used for PCB/radioactive waste. However, other containers may be used if the u sers are able to demonstrate to EPA and other appropriate regulatory authorities [i.e., the Nuclear Regulatory

### -- 37 Commission, the Department of Energy (DOE), or the Department of Transportation (DOT)] that such containers are protective of public health and s afety and the environment [§761.65(c)(6)(i)(C)]. (#22) Preparing Application for Commercial Disposal Approval : Applicants for commercial storage approval shall submit a written application that includes any relevant information bearing upon the qualifications of the facility . The application shall identify the facility owner/operator and include information on the technical qualifications of the person in charge of operations, any past violations, and waste handling experience of the company and employee s, estimates of maximum waste quantity that can be handled, the certification of compliance, the financial assurance instrument, a closure plan and closure cost estimate, and a demonstration of financial responsibility for closure. The applicant must als o revise and update the closure plan when certain changes occur at the facility , and, within 30 day s after the facility closes, submit certification that the facility has been closed in accordance with the approved plan [§§761.65(d), (e)(1), (6), and (8); and (f)]. (#23) Request to Amend the Storage Closure Plan : Owners/operators of storage facilities must submit requests to the EPA Regional Administrator to amend the closure plan, when there are changes in ownership, changes in expected date of closure, and/or unexpected events [§761.65(e)(4)]. (#24) Modifications to Commercial Storage Facilities : To ensure that the owner/operator of these facilities have made adjustments to their financial assurance mechanisms when modifications will increase the stora ge capacity of the facility , EPA is requiring that these individuals notify

the f ederal or s tate issuing authority in writing that they

have revised the financial assurance mechanism and activated it within 30 day s of the completion of the modification [§7 61.65(g)(9)]. EPA does not require the information to be submitted on a specific form or in a specific format. (#25) Change of Ownership for Storage Facilities : EPA will approve of the transfer of ownership or operational control of a commercial storage facility if the transferee has established financial assurance for the closure and the transferor or transferee has resolved any deficiencies (e.g., with technical operations, closure plans, cost estimates, etc.) that the Agency has identified in the tran sferor’s new or amended application [§761.65(j)]. (#26) Approval of Alternate Measures for Operating Incinerators : Owners/operators of incinerators that burn PCBs must submit a contingency plan of alternate measures for operating the facility

when regulatory

requirements cannot be met. The plan must indicate what alternative measures the owner/operator would take if there is a failure of regulatory monitoring requirements or PCB rate and quantity measuring and recording equipment, or if excess oxygen fal ls below the percentages specified in paragraph (a)(1) of this section [§§761.70(a)(8) and (9); and (d)(5)]. (#27) Notification of Changes in Disposal Facility Ownership : Owners/operators of

### -- 38 incinerators and chemical waste landfills that dispose of PCBs must notify EPA at least 30 day s before transferring ownership of the facility . The notice must include a notarized affidavit signed b y the transferee, which states that the transferee will abide b y the transferor’s EPA incinerator approval [§§761.70(d)(8 ); .75(c)(7)]. (#28) High Efficiency

Boiler Approval : Thirty days before any person burns mineral oil dielectric fluid in high efficiency b oilers, the person must give a one
- time written notice to the EPA Regional Administrator , including information on the owner and location of the boiler, boiler specifications, and associated equipment. To burn liquids other than mineral oil dielectric fluids, at a PCB concentration of 50 to 500 ppm, boiler owners must first obtain an approval of the Regional Administrator for the EPA Region in which the boiler is located. The request to the Regional Administrator must include at least the following: name and address of owner/operator of boiler and address of boiler, boiler rating in units of BTU/hour, carbon monoxide concentration and ox ygen percentage in the stack when boiler is operated, type of equipment and procedures used to control feed and monitor emissions, ty pe of waste to be burned, concentration of PCBs and other chlorinated hydrocarbons in the waste, estimate of the amount of waste to be burned in a 30
- day

period, and an explanation of the procedures to be followed to ensure that the burning of the waste will not adversel y affect the operation of the boiler such that combustion efficiency will decrease [§§76 1.71(a)(2) and (b)(2)]. (#29
- 30) Disposal b y S crap Metal Recovery Ovens and Smelters : Owners of scrap metal recovery

ovens disposing of drained PCB
- contaminated electrical equipment, natural gas pipelines and non
- porous surfaces must notify EPA as disp osers of PCBs and are required to comply with existing, applicable disposal facility reporting requirements in Subparts J and K [§§761.72(c)(2)]. In lieu of meeting the operating requirements, an owner or operator of a scrap metal recovery

oven or smelter can submit a written request to the EPA Regional Administrator for a determination that the industrial furnace poses no unreasonable risk, based on a site
- specific risk assessment [§761.72(c)(3)]. (#31
- 32) TSCA Coordinated Approval : Persons seeking a TSCA PCB coordinated approval may

submit a request for approval to the EPA Regional Administrator at the same time they seek a permit approval or other action for a PCB waste management activity under any other f ederal or s tate authority . The request for coordinated approval shall include a cop y of the confirmation of the EPA identification number, information regarding a point of contact at the other permitting authority, description of the waste activities to be conducted (or a cop y of the waste managem ent document, if one has been issued), and a certification that the requestor will adhere to the TSCA PCB reporting and recordkeeping requirements [§761.77(a)(1)]. The Regional Administrator may request additional information to remedy a deficiency

in the waste management activities [§761.77(a)(1)(ii)(A)( 1 )]. If the Regional Administrator determines that conditions of the coordinated approval are not being met, the Regional Administrator may require the person to whom the coordinated approval was issued to submit an application for a TSCA PCB approval [§761.77(a)(2)]. Any person with a coordinated approval must notify the Regional Administrator in writing within 5 calendar day s of changes relating to PCB waste requirements in the non
- TSCA waste management documents that serve as the basis for the

### -- 39 coordinated approval [§761.77(a)(3)]. (#33) Approvals for Alternative Decontamination and Sampling Methods : Any person wishing to decontaminate material described in a manner other than prescribed in §761.79(b) or (c), or sample material other than prescribed in §761.79(f) must appl y in writing to the EPA Regional Administrator 

### . Each decontamination application must describe the material to be decontaminated and the proposed decontamination method, and must demo nstrate that the proposed method is capable of decontaminating the material to the applicable level set out in §761.79(b)(1) through (4). Each application must describe in writing the material to be decontaminated and the proposed self
- implementing decont amination method, and must include a proposed validation study to confirm performance of the method. Each sampling application must contain a description of the material to be decontaminated, the nature and PCB concentration of the contaminating material (if known), the decontamination method, the proposed sampling procedure, and a justification for how the proposed sampling is equivalent to or more comprehensive than the sampling procedure required under §761.79(f) of this section. EPA may request additi onal information it believes to be necessary to evaluate the application [§761.79(h)(1) to (4)]. **Subpart E**

**— Exemptions**  (#34
- 37) Class Exemptions, Manufacture, Processing, Distribution of PCBs for R&D : Individuals seeking exemptions from the PCB prohibi tions are required b y statute [15 USC 2601, s ection 6(e)(3)(B)] to submit exemption petitions to EPA. The information provided to EPA in an exemption petition includes: name, address and telephone number of the petitioner; description of the exemption being requested for the manufacture/processing/distribution in commerce activity ; location; length of time desired (1
- year maximum); amount of PCBs to be manufactured processed and/or distributed in commerce, rationale regarding no unreasonable ri sk and substitutes criteria of s ection 6(e)(3)(B)(i) and (ii), and the economic consequences of an EPA denial. Provisions regarding class exemptions for manufacturers of PCBs and processors/distributors of PCBs or anal ytical reference samples derived from PCB waste m aterial require a petition be submitted 60 day s prior to engaging in the activity [§761.80(e)(1) and (i)(1)]. Section 761.80(e)(2) and (i)(2) and .80(n) require individuals seeking renewals of class exemptions to submit requests for renewal as per §§750.1 1 and .31. If persons need to exceed the annual quantity limits, they must request approval from EPA [§§761.80(e)(3), (g)(2), and (i)(4)]. The owner or operator of the facility also must notify

the EPA Regional Administrator in writing 30 day s prior to b eginning R&D activities that require the manufacturing or import of PCBs, unless the owner has obtained a PCB R&D approval from EPA, pursuant to §761.60(a) or (i)(2), or .70(b), that allows the manufacture of PCBs [§761.80(e)(4)]. (#38) Manufacturing, Pr ocessing, and Distribution in Commerce, Exemptions: When a facility holding a certain ty

pe of exemption plans to increase the amount of PCBs to be processed and distributed, imported (manufactured), or exported, or to change the manner or processing and di stribution, import (manufacture), or export of PCBs, the owner/operator of the facility must submit a new exemption petition to EPA, which will be addressed through an exemption

### -- 40 rulemaking. The petitioners must provide the following information to extend manufacturing exemptions, as per §§750.11: (1) the identity , telephone number, and address of the petitioner; (2) description of the PCB exemption being requested, including items to be manufactured, and the nature of the manufacturing process; (3) locatio n(s) of manufacturing sites requiring exemption; (4) length of time requested for exemption; (5) amount of PCBs to be manufactured or used during the requested exemption period and the manner of release of PCBs to the environment associated with such manuf acture or use; (6) basis for meeting s ection 6(e)(3)(B)(i) criteria for “unreasonable risk;” (7) basis for meeting s ection 6(e)(3)(B)(ii) criteria for “PCB substitutes;” and (8) quantification of the economic consequences of EPA denying the petition and an explanation of the manner of computation. Persons interested in obtaining processing or distribution in commerce exemptions must provide information listed above as items (1), (4), (6), (7), and (8). In addition, as per §750.31, they must provide: a des cription of the PCB processing or distribution in commerce exemption being requested, including a description of the chemical substances, mixtures, or items to be processed or distributed in commerce, and if processing is involved, the nature of the proces sing; location(s) of processing sites requiring exemption; the estimated amount of PCBs to be processed or distributed in commerce or used during the requested exemption period; and the manner of release of PCBs to the environment associated with such proc essing, or distribution in commerce. EPA also requires specific information on the description, number, and/or location of PCB equipment to be serviced and the description of the uses of/exposures to PCB
contaminated substances or mixtures that are to be used for petitions filed under paragraphs §750.31(a)(1)
- (9) [§761.80(n)]. **Subpart F**

**— Transboundary Shipments of PCBs for Disposal**  (#39) Import and Export for Disposal : By Statute, no person may

import or export PCBs or PCB Items for disposal without an e xemption issued under the authority of TSCA s ection 6(e)(3) [§§761.93(a) and .97(a)]. **Subpart G**

**— PCB Spill Cleanup Policy**  (#40) Reporting of PCB Spills : Parties responsible for the following types of PCB spills must notify

EPA to obtain cleanup guidance: spills that directly contaminate surface waters, sewers, or drinking water supplies; spills that directly contaminate grazing lands or vegetable gardens; spills that exceed 10 pounds of PCBs by weight [§§761.125(a)(1)(i) to (iii)]. **Subpart J**

**— General Reco**  **rds and Reports** (#41) Annual Reports for Waste Disposed of b y the Waste Generator : Owners/operators of PCB disposal facilities, including owners/operators who dispose of PCB waste generated at his/her own facilities, and owners of commercial storage faci lities, shall submit annual reports to the EPA Regional Administrator . The reports shall summarize the records and annual document logs required to be maintained and prepared under §761.180(b)(1) and (b)(2) of this section.

### -- 41 Within 30 days of suspending the operation of any incinerator, the owner/operator of the facility must submit a document to EPA that includes the date and time of the suspension and an explanation of the circumstances causing the suspension of operations [§§761.180(b), (b)(3), and (c)( 5)]. (#41a) Records of Reclassified PCB Equipment : Owners of reclassified PCB electrical equipment must promptly provide records pertaining to the reclassification of PCB equipment, if requested b y EPA. Also see #68a and #75 [§761.180(g)]. (#42) Notif

ication/Certification of Product Contamination by Inadvertent PCBs : Manufacturers with processes inadvertently generating PCBs and importers of products containing inadvertentl y generated PCBs must report to EPA within 90 days any excluded manufacturing process or imports for which the concentration of PCBs in products leaving the manufacturing site or imported is > 2 u g/g (roughly 2ppm) for any resolvable gas chromatographic peak. Manufacturers who must submit the report must transmit a letter notifying E PA of the number, ty pe, and location of the excluded manufacturing process. Persons must also certify

compliance with the requirements of §761.1(f), specify whether the compliance is determined b y actual monitoring or theoretical assessments; and maintain determinations of compliance. Facilities with compliance based on theoretical assessment must also notify EPA of the estimated PCB concentration levels generated and released [§761.185]. (#43) Notification When PCB Releases Exceed Limits : Owners/operat ors of excluded manufacturing processes must report to EPA the total quantity of inadvertently

generated PCBs released into the air and or water from these processes when the total quantity of each type of release in any calendar year exceeds 10 pounds [§7 61.187]. **Subpart K**

**— PCB Waste Disposal Records and Reports**  (#44) Notify

EPA of PCB Waste Activity : All generators with on
- site storage, commercial storers, transporters, and disposers of PCBs shall notify EPA of their PCB waste activity by filing EPA For

m 7710
- 53 (see Appendix D) prior to engaging in PCB waste
- handling activities. The form includes individuals engaged in R&D and treatability studies and owners of scrap metal recovery

ovens/smelters and HEBs. This one
- time notification form asks for a st atement of the type of activity taking place at the facility , the location of the facility, name and address of the owner, and the facility point
- of
- contact. EPA issues an identification number or verifies an existing RCRA identification number [§§761.202 (a); 205(a) to (c)]. (#45) Changes in Waste Handling Activities : Individuals who make changes in their waste - handling activities (e.g., relocating or assuming additional activities) are required to submit an amended notification form 30 day s after the ch ange in activity occurs. The information is collected using a one
- page form (EPA Form 7710
- 53) that has previousl y been approved b y OMB (OMB Control No. 2070
- 0112) and requires minimal effort to complete [§761.205(f)].

### -- 42 (#46) Exception Reports : When a generator uses an independent transporter, he or she must confirm by

telephone or other convenient means that the commercial storer or disposer actuall y received the manifested waste. If the disposal facility did not receive the waste, the generator shall c ontact the transporter to determine the disposition of the waste. If the generator has not received a manifest from the disposal facility , the generator shall submit an exception report to the EPA Regional Administrator . A disposer shall submit a One
- Year Exception Report to EPA with in 45 day s from the end of the one
- year storage for disposal date when the facility receive s the PCBs on a date more than nine months from the date when the PCBs were removed from service for disposal or when the facility can no longer dispose of the PCBs within the one
- ye ar date due to contractual commitments or other factors affecting the facility ’s disposal capacity . Generators or commercial storers shall submit One
- Year Exception Reports when they transferred PCB wastes wi thin 9 months from the date of removal from service for disposal, when the facility

has not received a Certificate of Disposal within 13 months from the date the waste was removed from service, or has received a Certificate of Disposal more that 1 year aft er the date the waste was removed from service [§§761.208(a)(4); .215(b) to (d)]. (#47) Discrepancy

Reporting : Upon discovering a significant discrepancy , the owner/operator of the designated commercial storage or disposal facility shall attempt to recon cile the discrepancy with the waste generator or transporter. If the discrepancy is not resolved within 15 day s after receiving the PCB waste, the owner or operator shall immediately submit to the EPA Regional Administrator a letter describing the discrep ancy and attempts to reconcile it, and a cop y of the manifest or shipping paper at issue [§761.210(b)]. (#48
- 49) Unmanifested Waste Reports : Disposers must submit unmanifested waste reports to EPA when they accept a shipment of PCB waste without an acc ompanying manifest. If an owner or operator of a commercial storage or disposal facility cannot contact the generator of the PCB waste, he or she shall notify the EPA Regional Administrator so that the Regional Administrator can determine whether further actions are required before the owner or operator may store or dispose of the unmanifested PCB waste [§761.211(b)]. Within 15 day s after receiving the unmanifested PCB waste, the owner/operator shall prepare a report to the Regional Administrator of the Region where the storage or disposal facility is located and the Region in which the PCB waste originated. The report shall include the EPA facility identification numbers, facility information, date the waste was received, description of the waste, explan ation why the waste was unmanifested, if the waste was stored or disposed, if the generator was identified, if a manifest was subsequentl y supplied, and if and when the waste was sent back to the generator [§761.211(c)]. **Subpart T**

**— Comparison Study for Val**  **idating a New Performance -**  **Based Decontamination Solvent Under §761.79(d)(4)**  (#50) Results of Anal ys is and Decontamination Validation Studies : Persons using the self
- implementing criteria for validating the conditions for the performance
- based decontamination of solvents must submit validation study results to EPA [§§761.395 and .398].

### -- 43 **(B) Third**  **- Party Reports**  . Respondents are required to submit information to entities other than EPA headquarters or the EPA Regional Administrator , such as to s tate, tribal , county or local officials, waste generators, transporters, storers, and disposers, or the public. **40 CFR 761 Subpart B** 

**— Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and**  **PCB Items** (#51) Certification for Burners of Used Oil : Befo re the first shipment of used fuel oil containing detectable PCBs, the burner of the oil must provide a one
- time written certification to the marketer of the oil that the incinerator is in compliance with the notification requirements of §761.71(a)(2) or 4 0 CFR 279, Subpart G. This regulation also applies to marketing or burning for energy

recovery liquids containing PCBs at concentrations <50 ppm at the time of removal from a natural gas pipeline sy stem [§§761.20(e)(3)(ii); .30(i)(5)(ii); and .60(b)(5)(iv )(B)]. (#52) Transformer and Voltage Regulator Fire Emergency Notification : Owners of PCB Transformers and PCB Voltage Regulators (containing ≥500 ppm PCBs) must report any fire
related incidents involving this equipment and the release of PCBs to the National Response Center
. Information must be provided regarding the ty pe of PCB Transformer installation involved in the incident (e .g., high or low secondary voltage network transformer, high or low secondary voltage radial sy stem, expanded radial sy stem, primary selective sy stem, primary loop sy stem, or secondary

selective sy stem) and the readily ascertainable cause of the fire (e.g. , high current fault in the primary or secondary

or low current fault in secondary). The N ational Response Center notifies the appropriate Regional Administrator [§§761.30(a)(1)(xi) and (xv)(A); (h)(1)(ii)(B)]. (#53) Notification to Owners of PCB Transf ormers : Users of a PCB Transformer in use or stored for reuse that may pose an exposure risk to food or feed must notify the owner of the Transformer [§761.30(a)(1)(xiv)]. (#54) Registering Newly Discovered PCB Transformers : In the event that a mineral o il transformer assumed to contain <500 ppm PCBs is tested and found to be contamin ated at ≥500 ppm, the owner of the PCB Transformer must register the equipment with the building owner (and EPA; see #3) within 30 day s of discovery [§§761.30(a)(1)(xv)(D)]. **Subpart D**

**— Storage and Disposal**  (#55) Documentation About and Disposal Approval f or PCB
- Contaminated Liquids : Prior to any

chemical waste landfill disposing of PCB
- Contaminated liquids from incidental sources associated with non
- liquid PCB waste, the landfill owner/operator must be provided with documentation that shows that the waste does not exceed 500 ppm PCBs, that it is not an ignitable waste as described in §761.75(b)(8)(iii), and that disposal does not violate 40 CFR §268.32(a)(2) and §268.42(a)(1), which list specific hazardous wastes prohibited from land disposal, including liq

uid hazardous wastes containing PCBs >50 ppm [§761.60(a)(3)(ii)].

### -- 44 (#56) Inclusion of Abandoned Natural Gas Pipes in Public Service Notification Programs : One disposal option for natural gas pipeline sy stems containing PCBs at any concentration but no fre e - flowing liquids, and having a nominal inside diameter of ≤4 inches, is to seal each end closed, abandon the pipes in the place where they were used to transport natural gas, and include them in a public service notification program, such as a one - call system under 49 CFR 192.614(a) and (b). One
- call s ys tems are programs run by utility companies to inform landowners that they

should contact the utility companies before beginning any excavation work on their property to avoid disturbing underground utility pipes [§761.60(b)(5)(i)(A)( 1 )]. (#57) Notification About Approved PCB Disposal Facilities : Each operator of a chemical waste landfill, incinerator, or approved alternative disposal technology meeting the incineration standard must notify s tate and local officials at least 30 days prior to the first use of the facility

[§761.60(f)(1)(i)]. (#58) Annual Notification about PCBs Disposed of : If requested b y s tate and local officials, each operator of a chemical waste landfill, incinerator, or approved alter native to incineration must provide annual information about the quantities and ty pes of PCBs disposed of [§761.60(f)(1)(ii)]. (#59) Notification to State and Local Officials of PCB Activities : Any person may conduct R&D for PCB disposal without prior written approval from EPA, if they meet certain conditi ons, one of which is to notify s tate and local environmental agencies at least 30 day s prior to beginning the activities. Each written notification must contain the EPA identification number for the sit e, the quantity of PCBs to be treated, the ty pe of R&D technology

to be used, the phy sical and chemical properties of the materials being treated, and an estimation of the duration of the activities [§761.60(j)(i)(ii)]. (#60) Manifest R&D PCB Wastes : Res earch facilities must use manifests, pursuant to Subpart K, for all R&D PCB wastes being transported from the R&D facility to an approved PCB storage or disposal facility for disposal. Manifests are not needed if the residuals are returned to the site of generation [§761.60(j)(1)(vii)]. (#61) Self

- implementing Remediation : Owners of remediation sites are required to notify , in writing, the appropriate s tate (or tribal), county (or local) environmental agencies at least 30 day s prior to conducting remediation activities. The notification must include the following information: the nature of the contamination, a summary of the procedures used to sample contaminated and adjacent areas, a table or cleanup site map, the location and extent of PCB contaminated areas, including topographic maps, and a cleanup plan for the site [§761.61(a)(3)(i)]. (#62) Notification of Pending PCB Shipments : Generators of bulk PCB remediation waste must provide written notice to each off
- site facility

where the waste is destine d that is not subject to a TSCA PCB disposal approval about the quantity and the highest concentration of

### -- 45 PCBs shipped, at least 15 day s before the first shipment of the waste from each cleanup site [§761.61(a)(5)(i)(B)( 2 )( iv)]. (#63) Deed Restrictions o n Property Where Remediation Projects Have Been Conducted : Within 60 day s of completion of a cleanup activity and in accordance with s tate law, site owners must record a notation on the deed to the property, or on some other instrument that is normally

examined during the title search, that will in perpetuity notify any potential purchaser of the property that the land has been used for disposal of PCB remediation waste, the site is restricted for use, and the fence or cap must be maintained, as well as the applicable cleanup levels left at the site. This notice becomes a permanent attachment to the deed [§761.61(a)(8)(i)(A)]. (#64) Disposal of PCB Bulk Product Waste : Any person disposing off site of PCB bulk product waste under paragraph (b)(1) at a wast e management facility not having a commercial PCB storage or disposal approval, must provide written notification to the receiving facility a minimum of 15 day s in advance of the first shipment from the same disposal waste stream. The notice shall state that the waste may include components containing PCBs at ≥50 ppm and that the waste is known or presumed to leach < 10 u g/L PCBs. The objective of the notification is to alert the waste facilities and prevent the generator from sending a waste to a facility that may be restricted from receiving PCBs, based on a s tate - issued permit [§§761.62(b)(4)(i) and 761.357]. Any person disposing off site of PCB bulk product waste under paragraph (b)(2) at the same type of facility must comply with the same notificatio n requirements, except that the notice shall state that the waste is known or presumed to leach ≥10 u g/L PCBs [§§761.62(b)(4)(i) and (ii); 761.357 and .359]. (#65) Notations on PCB Items and Containers : To store PCB Items, either for disposal or temporaril y in areas that do not comply with §761.65(b) for up to 30 day s from the date of an Item’s rem oval from service, owners of the Items must place on the Item the date it is removed from service. Items that can be temporaril y stored include non
- leaking PCB Articles and PCB Equipment; leaking PCB Articles and Equipment if the PCB Items are placed in a non - leaking PCB Container; PCB Containers containing non
- liquid PCBs; or PCB Containers containing liquid PCBs at concentrations ≥50 ppm in areas with SPCC plans [§§761.65(c)(1) and (8)]. (#66) Notification of Shipping Laboratory Samples : To qualify

for the exemption from manifesting laboratory

sampling wastes, as per §761.65(i)(2)(i) and (ii), the sample collector shipping the samples to a laboratory and a laboratory

returning samples to a sample collector must comply

with applicable DOT requirements found at 49 CFR 173.345 and U.S. Postal Service regulations, 652.2 and 652.3. Information on the sample collector, the laboratory , and date of shipment must accompany a PCB sample when it is shipped to the testing laboratory or back to the sample collector [§761.65(i)(3)]. **Subpart G**

**— PCB Spill Cleanup Policy**  (#67) Requirements for the Spill Cleanup Policy : Spills involving 1 pound or more b y

### -- 46 weight of PCBs must be reported to the National Response Center [§761.125(a)(1)]. (#68) Notification of PCB Contamination at a Cleanup Site : Parties responsible for cleaning up PCB spills as per the Spill Cleanup Policy can cleanup the site to 5 0 ppm PCBs by weight (as opposed to 25 ppm) provided that a label or notice is visibly placed in the area [§761.125(c)(2)(ii)]. (#68a) Records Pertaining to Reclassification of PCB Equipment : Owners of reclassified PCB electrical equipment must promptly provide records of reclassified PCB equipment to any party holding or possessing the equipment (for example, through sale, loan, lease, or for servicing). Also see #41a and #75 [§761.180(g)]. **Subpart K**

**— PCB Waste Disposal Records and Reports**  (#69) Manif

ests for PCB Wastes : Generators who relinquish control over PCB wastes b y transporting, or offering for transport, PCB waste for commercial off
- site storage or disposal shall prepare a manifest (EPA Form 8700
- 22), which specifies the identity of the waste, the earliest date of removal from service for disposal, the weight in kilograms of the waste, the unique identifying number of a PCB Article Container or PCB Container, the serial number or other identification of PCB Articles not in containers [§761.207( a)]. For bulk shipments within the United States transported solely by water, waste generators are required to provide three copies of the dated and signed manifests to the owner or operator of the designated commercial storage or disposal facility [§761. 208(a)(2)]. For rail shipments of PCB wastes that originate at the site of generation, the generator shall send at least three copies of the manifest to the next non - rail shipper, if any, and the designated commercial storage or disposal facility , if tran sported solely by rail [§761.208(a)(3)]. (#70) Send Manifest to Generator : When a commercial storage or disposal facility receives an offsite shipment of PCB waste accompanied b y a manifest, the owner/operator of the facility must send a copy of the mani fest to the generator within 30 day s after the delivery
. When a commercial storage or disposal facility receives a PCB waste from a rail or water (bulk shipment) transporter accompanied by a shipping paper containing all the information required on the manifest except the EPA identification number, generator’s certification, and signatures, the owner/operator of the facility shall send a copy of the manifest or shipping paper to the generator [§761.208 (c)(1)(iv) and (c)(2)(iv)]. (#71) Certificates of Di sposal to Waste Generators : Owners or operators of disposal facilities must send Certificates of Disposal to generators of PCB wastes identified on the manifests that accompany each shipment. The Certificates must be sent within 30 day s of the date that the disposal of each item of PCB waste identified on the manifest was completed, unless the generator and the disposer agree to another time frame. The Certificate of Disposal shall identify

the disposal facility

and waste affected by

the certificate and i nclude a statement certifying the date of disposal and disposal process for the identified PCB waste [§761.218(a) and (b)].

### -- 47 **(C) Records**  . Respondents are required to maintain records as follows: **40 CFR 761 Subpart A** 

**— General**  (#72) Recordkeeping of Excluded Manufacturing Processes and Certification : Chemical manufacturers and importers of products that contain inadvertentl y generated PCBs (i.e., excluded manufacturing processes) must maintain the monitoring data (or other anal ys es) that were used to supp ort the determination of compliance with the conditions of §761.3, and copies of the signed certification of compliance. These recordkeeping requirements expire under their own terms, either three years after the manufacturer has ceased operating the proc ess that necessitated notification, or after seven ye ars, whichever is a shorter retention period. Monitoring records must contain the method of analy sis; the results of the analy sis, including data from the Quality

Assurance Plan; a description of the sample matrix, the name of the anal ys t or anal ys is; the date and time of the anal ys is; and numbers for the lots from which the samples are taken [§§761.1(f)(1), .185(c)(2) and (d), and .193]. **Subpart B**

**— Manufacturing, Processing, Distribution in Commerce, an**  **d Use of PCBs and PCB Items**  (#73) Records of Marketing Used Oil : Marketers who first claim used oil does not contain detectable levels of PCBs must retain records supporting the claim and a cop y of each certification notice received or prepared relating to transactions involving PCB
- containing used oil. Burners must include among the records a copy of each certification notice that has been provided to a marketer of PCB
- containing used oil. These requirements also apply to persons who market or burn for energy recovery liquid containing PCBs at concentrations <50 ppm PCBs at the time of removal from a natural gas pipeline sy stem [§§761.20(e)(4)(i) and (ii); .30(i)(5)(ii); and .60(b)(5)(iv)(B)]. (#74) Records of PCB Transformer Registration, Inspection, and Maintenance : Individuals are required to retain a cop y of the transformer registration and the return receipt signed b y the EPA and records of inspection and maintenance history for a period of 3 ye ars after the disposal of the transformer(s). The re cords also shall contain information of the location of each transformer; inspection dates; date of discovery of any leaks; inspector’s name; location of any leaks; estimate of the amount of dielectric fluid leaked; date and description of any cleanup, containment, repair, or replacement; the results of any containment and daily inspection required for uncorrected active leaks; and any transfer of ownership of PCB Items [§§761.30(a)(1)(vi)(C), (xii), and (xiv)]. (#75) Records of Reclassified PCB Equipment : Owners of reclassified PCB equipment must maintain records at the facility where the equipment has been reclassified to a lower PCB concentration for a period of 3 years after reclassified and sold, transferred, or disposed. These records, generated during the normal course of the reclassification procedure, must show that the

### -- 48 equipment was reclassified following the required reclassification procedure. When these procedures require testing, the records must include copies of the pre
- and post
- reclassifi cation PCB concentration of the unit, taken by a laboratory

using quality control and quality assurance procedures. Equipment includes transformers, voltage regulators, electromagnets, and switches. Also see #41a and #68a [§§761.30(a)(2)(v)(C) and (D); . 30(h)(2)(v)(C) and (D), and .180(g)]. (#76) Natural Gas Pipeline Data : PCBs at concentrations of ≥50 ppm are authorized for use in natural gas pipelines if certain actions are taken to characterize the concentration and extent of contamination, as well a s remedial measures taken to reduce the PCB concentrations below regulated levels. Records of the results of the sampling and anal ys is as well as any actions taken or not taken to reduce the PCB concentrations must be kept for 3 years after the PCB concentrations have been reduced to below regulated levels. EPA expects the recordkeeping burden to be minimal as the regulations allow for use of historical data. Owners or operators of natural gas pipeline s ys tems that do not include sources of PCB contamination (e.g., natural gas compressors, natural gas scrubbers, and natural gas filters) containing ≥50 ppm PCBs also must comply with the recordkeeping requirements [§§761.30(i)(1)(iii)(B) and (C)]. (#77) Records of Equipment Stored for Reuse : Owners of PCB Articles stored for reuse must maintain records starting at and indicating the time the PCB Article is removed from use or starting from August 28, 1998, if the date it was removed from use is not known. The records must also include the projected loc ation and the future use of the PCB Article, and, if applicable, the date the PCB Article is scheduled for repair or servicing [§761.35(a)(2)]. **Subpart C**

**— Marking**  ( #78) Records for Identifying PCB Large Low Voltage Capacitors : Owners or operators of PCB Large Capacitors located in protected locations must maintain a record for identifying the PCB Capacitors, but only if they choose not to mark each capacitor individually [§§761.40(c)(2)(ii) and (k)]. **Subpart D**

**— Storage and Disposal**  (#79) Records of Dis posal for R&D Facilities : The self
- implementing provisions under §761.60(j) allow individuals to conduct research and development for PCB disposal. One of the provisions is that R&D facilities must comply with existing recordkeeping requirements in §761.1 80 (e.g., maintain the annual document log and annual records) and the applicable storage and disposal requirements in Subpart D [§761.60(j)(1)(ix)]. (#80) Records of Remediation Activities : Individuals conducting self
- implementing remediation projects are required to maintain records of the sampling plans, sample collection procedures, sample preparation procedures, extraction procedures, and instrumental/chemical anal ys is procedures used to assess or characterize the PCB contamination at the cleanup sit e. Persons using alternate methods for chemical extraction and chemical analy sis for site characterization must keep on file records of a comparison study that meets or exceeds the

### -- 49 requirements of §761.269(c) [§§761.61(a)(3)(i)(E) and (a)(6), and Subparts O and Q]. (#81) Waivers of the Notification Requirement : Under the self
- implementing remediation provisions of §761.61, individuals who receive a waiver of the 30
- day notification requirement must maintain the original written waivers received from each of the agencies they are required to notify

under this section (i.e., the EPA Regional Administrator, s tate and county (or local) environmental offices) [§761.61(a)(3)(iii)]. (#82) Records of Remediation Cleanup Activities : For the cleanup of bulk PCB remediation waste, non
- porous surfaces, porous surfaces, and liquids, site owners must keep records as per §761.125(c)(5) for a period of 5 ye ars. The records must identify the source of the spill and include information on the estimated or actual date of the spill, the date cleanup was completed or terminated, a brief description of spill location and the nature of the materials contaminated, pre
- cleanup sampling data used to establish spill boundaries, a brief description of the solid surfaces cleaned, th e approximate depth of soil excavation and the amount of soil removed, post cleanup verification sampling data, and a brief description of the sampling methodology

[§761.61(a)(9)]. (#83) Records of Sampling and Anal ys is of PCB Bulk Product Waste : Persons disposing of PCB bulk product waste in solid waste landfills must keep records of the sampling and anal ys is of PCB bulk product waste as well as required notifications. The records must be maintained for 3 ye ars from the date of their creation and made available to EPA upon request [§761.62(b)(5)]. (#84) Attempts to Secure Disposal : The regulations include a provision that would grant individuals an automatic 1
- ye ar extension to store waste beyond the 1
- year deadline for disposal if certain conditions are met. One of the conditions is that the individual must maintain a written record of his efforts to secure disposal capacity until the waste is disposed. These records must be made available for inspection by the EPA [§§761.65(a)(2)(ii),and (3)]. (#85 , 86) Spill Prevention, Control, and Countermeasure (SPCC) Plan : Owners/operators of facilities using PCB storage containers, as per 29 CFR 1910.106, must prepare SPCC plans. SPCC plans are also necessary to temporaril y store containers of PCB liquids > 5 0 ppm. An SPCC plan is necessary

when an individual has not previously stored liquid PCBs on a temporary

basis [§§761.65(c)(1)(iv) and (7)(ii)]. (#87) Records of PCB Items in Stationery Storage Containers : PCB Items shall be dated when removed from serv ice for disposal. For each batch of PCBs added to storage containers, as per §761.65(c)(7), owners of the containers shall maintain a record that includes the quantity of the batch and date the batch was added to the container. The record shall also include the date, quantity , and disposition of any batch of PCBs removed from the container [§761.65(c)(8)]. (#88) Records of Storage for Disposal of PCBs and PCB Items : Owners/operators of commercial storage facilities must establish and maintain records, a s per §761.180, for the

### -- 50 storage and disposal PCBs and PCB Items ≥50 ppm [§§761.65(c)(10) and .180]. (#89) Incinerator Records : Owners and operators of incinerators must keep records 5 ye ars after the date of collection of the quantity of PCBs fed into the incinerator and the rate at which the PCBs are fed, the temperature of the incineration process, the results of continuous monitoring of combustion products for ox ygen and carbon monoxide, at a frequency specified b y EPA, and information on the weight of solid residue generated b y the incinerator [§§761.70(a)(3), (4) , and (7); (c); and .180(c)]. (#90) High Efficiency

Boiler (HEB) Feed Rate and Emissions Record Retention : Persons burning liquids other than mineral oil dielectric fluid, containing PCBs between 50 and 500 ppm, in an approved HEB must retain the following records for a period of 5 years: the quantity of low concentration PCBs burned in the boiler each month, monthly waste analy sis records, and the data required in §§761.71(b)(1)(vi) and (b)(1)(vii), which includes the carbon monoxide concentration and ex cess oxygen percentage in the stack gas; the fuel feed rate; waste fluid feed rate; and the quantities of fuel and waste fluid fed to the boiler [§§761.71(a)(1)(vi) and (vii), (a)(4), (b)(1)(vi) and (b)(1)(vii), (b)(5), and .180(e)]. (#91) PCB Disposal U sing Scrap Metal Recovery Ovens and Smelters: The use of scrap metal recovery

ovens and smelters is authorized for disposing of PCB
- contaminated items when the equipment meets certain operating parameters and conditions. One of these parameters addresses the temperature of the hearth (i.e., at least 1,000o C when charged with PCB Items). Operators are required to record the temperature and retain the data at the facility for 3 years from the date each charge is introduced. Because these devices are consi dered disposal units, owners of the equipment must meet all applicable recordkeeping requirements in 40 CR 761 Subparts J and K (e.g., maintain annual document log and annual records) [§§761.72(a)(9) and (b)(6)]. (#92) Chemical Waste Landfill Records : Owners/operators of chemical waste landfills that dispose of PCBs must maintain records at least 20 years after a facility ceases disposal operations of all PCB disposal operations, including PCB concentration in liquid wastes, the three
- dimensional burial c oordinates for PCBs and PCB Items, water sampling and anal ys is (i.e., samples of surface and ground water at locations and frequencies specified by EPA in their approvals), and additional records. The samples must be analyzed for PCBs, pH, specific conduc tance, and chlorinated organics [§§761.75(b)(6)(iii) and (b)(8)(iv) and .180(d)]. (#93, 94) Decontamination Activities : I f individuals follow self
- implementing decontamination procedures (and maintain the required records), they will not need to obtain a PCB disposal approval, as is currentl y the case, to decontaminate for continued use or distribution in commerce items that had been contaminated with PCBs. Test and validation results of performance
- based decontamination activities using PODFs and VADFs must be retained [Subpart T, §761.79(d)(4)]. Also, individuals that conduct PCB decontamination activities must maintain records of sampling activities that show sampling locations, anal ytical results, and information about the wastes generated by a decontamination process. These records

### -- 51 must be retained at the site of decontamination for a period of 3 ye ars for inspection by EPA [§§761.79(f)(1) and (2)]. **Subpart E**

**— Exemptions**  (#95, 96) Manufacture of PCBs and Processing/Distributing of Limited Quantiti es of PCBs or PCBs in Waste Materials for R&D : Under the class exemptions for manufacturers of PCBs and processors and distributors of limited quantities of PCBs and PCB anal ytical reference samples derived from waste materials for purposes of research and development, facilities seeking the exemption must maintain records on the source(s) of PCBs, the person(s) to whom the PCBs were shipped, and the amount(s) of PCBs received, processed and distributed in commerce annuall y. These records must be retained for a period of either 3 years after ceasing the processing and/or distributing operations or 5 years [§§761.80(e)(5), (g)(1), and (i)(7)]. **Subpart G**

**— PCB Spill Cleanup Policy**  (#97, 98) Records of Spill Cleanup and Delay s : Parties responsible for cleanin g up PCB spills must maintain documentation of the cleanup activities and certification of the documentation for five years. Owners of PCB spills who have delayed cleanup because of circumstances such as civil emergency ; hurricane, tornado, or other simil ar adverse weather conditions; lack of access due to phy sical impossibility ; or emergency operating conditions, must keep records documenting the fact that circumstances precluded rapid response [§§761.125(b)(3), (c)(1) and (c)(5) and .61(a)(9)]. **Subpart J** 

**— General Records and Reports**  (#99) The Annual Document L og for PCBs and PCB Items : Owners/operators of PCBs and PCB Items in service or projected for disposal must maintain annual records and a written annual document log for 3 years after the PCB activ ities cease. The records must include signed manifests, Certificates of Disposal, records of inspections and cleanups, facility and Item identification information, total number of Items, telephone records, and It em transfer information. Individuals must also collect and maintain documents, correspondence, and data pertaining to storage/disposal of PCBs that have been provided to as well as received from any s tate or local government agency and any application/correspondence submitted to local, s tate, or f ederal permitting authorities [§§761.180(a), (a)(4), (b), and (f); and 761.65(c)(5)]. (#100) Recordkeeping of Monitoring Data for Inadvertently Generated PCBs : Any importers of or manufacturers generating PCBs in excluded manufacturing process must maintain for a period of 3 years after ceasing process operations or importation, or for 7 years, whichever is shorter, monitoring or anal ytical data used to determine compliance of import, manufacture, process, distribution in commerce, or use of chemicals co ntaining inadvertently generated PCBs. The manufacturers’ records must include the reaction(s) believed to be generating PCBs, the levels of PCBs generated, and the levels of PCBs released. Importer records must include the reaction(s) believed to be gen erating PCBs, the levels of PCBs

### -- 52 generated, the basis for all estimations of PCB concentrations, and the name and qualifications of the person performing the anal ys es. Monitoring data must include the method of anal ys is, the results of the anal ys is, description of the plan matrix, names of the analy sts, date and time of the anal ys is, and number for the lots from which the samples were taken [§§761.185(c)(2), (d), and .193(a) and (b)]. **Subpart K**

**— PCB Waste Disposal Records and Reports**  (#101, 102) Recordke eping of Manifests and Certificates of Disposal : PCB waste generators must retain a written record of all manifests and telephone and other confirmations regarding manifesting communications, which are to be included in the annual document log, in accordan ce with §761.180 [§761.208(a)]. Each transporter, storer, and disposer must retain one copy of each manifest or shipping paper [§§761.208(b) and (c)]. Each PCB waste
- handling facility that initiates or receives a manifest must file and maintain a copy of each manifest. The generator of PCB waste shall keep a copy of each manifest until the generator receives a signed copy from the designated commercial storage or disposal facility that received the PCB waste. The generator, transporter, and owners/operators of the storage and disposal facilities shall keep a cop y signed b y the storer or disposer for at least 3 years from the date the PCB waste was accepted b y the initial transporter [§761.209(a) to (d)]. Generators and commercial storers of PCB waste mu st also maintain a cop y of each Certificates of Disposal received from disposers [§761.218(c)]. **Subpart T**

**— Comparison Study for Validating a New Performance**  **- Based Decontamination**  **Solvent Under §761.79(d)(4)** (#103) Results of Validation Studies : Persons co nducting studies to validate a new performance
- based decontamination solvent must record the testing parameters and experimental procedures in standard operating practices and must affix in an appendix the results of the validation study

[§761.398(c)]. **(i i) Respondent Activities**  Ty pical respondents include: manufacturers, processors, distributors of PCBs in commerce; owners of PCB
- contaminated equipment and PCB Items; PCB waste generators, transporters, commercial storers, and disposers (i.e., PCB waste handlers); owners/operators of laboratories; and other users of PCBs. All respondents must read the rule and determine which provisions are applicable to their operations; plan and modify their procedures to come into compliance with the rule; provide training to appropriate staff; process, compile, and review information for accuracy

and appropriateness; and record, disclose, and/or report the required information. Specific responsibilities for each typ e of respondent are as follows: Manufacturers, Proc essors, Distributors in Commerce of PCBs : Individuals who are included in the manufacturing exclusions must gather and document data on raw materials and intermediates used in the manufacturing process; analyze the reactions and conditions at issue;

### -- 53 survey the facility

site and specific equipment to determine and document where and to what extent PCBs could be released into air, water, and end products. Individuals who seek exemptions from the manufacturing, processing, or distribution in commerce bans mus t document the amount of PCBs affected b y the exemption request; describe the manufacturing/processing/distribution in commerce processes; compl y with additional statutory requirements of TSCA section 6(e)(3)(B); quantify the economic consequences of an ex emption denial; and provide specifics about servicing and use activities, develop certification statements, and complete other paperwork. Owners of PCB It ems and PCB
- Contaminated Equipment : There are various requirements for owners of the many different typ es of PCB Items. Owners of newl y discovered PCB Transformers must register their Transformers with EPA and building owners, providing information on the number of PCB Transformers, their locations, and his or her name, address, telephone number and sign ature, or that of the authorized representative, which certifies the accuracy of the submitted information. Owners of these PCB Transformers must record inspection and maintenance information and file and maintain the data and information in the annual lo g about any transfer of ownership of a PCB Transformer. Owners of reclassified transformers, voltage regulators, electromagnets, and switches must maintain records showing that they followed the required reclassification procedures. When testing is requi red, equipment owners must keep records of the pre
- and post
- reclassification PCB concentration measurements. They must also provide records of the reclassification procedure to EPA and recipients of the equipment, upon request. Individuals who discover f ire
- related incidents that result from a rupture of a PCB Transformer or PCB Voltage Regulator must report the incident to the National Response Center. Owners of PCB Items distributed in commerce for reuse must retain records in the annual document log o f any transfers of ownership. Owners of large capacitors located in protected locations who choose not to mark these units individually must maintain records for identifying the Capacitors. Owners of PCB Articles stored for reuse must maintain records of the Articles. Some owners of PCB Items may want to obtain approval to store equipment for disposal beyond the current 1
- ye ar limit, or to exceed the 5
- ye ar limit for the storage of equipment for purposes of reuse. In those cases, they would be required to contact the appropriate EPA Regional Administrator and compile and submit the requisite information. Utilities and other owners of PCB
- contaminated equipment must create or modify their Spill Prevention, Control, and Countermeasure Plan (SPCC) if temp orarily storing PCB liquids. Owners of PCB Items (in addition to PCB Transformers) are also required to record and maintain records of inspection, maintenance activities, cleanup, disposal, and certain decontamination activities. When PCB Items are remov ed from service for disposal, the owners of the Items must place the date on the item. When owners of PCB Items generate wastes that must be handled as a PCB remediation or bulk product waste, they will need to determine which of the available disposal op tions (i.e.,

### -- 54 self
- implementing, performance
- based, or risk
- based options) should be used to address their disposal needs. These disposal options will require compliance with various reporting and recordkeeping requirements. PCB Waste Handlers : PCB waste handlers must respond to the notification requirements by filling out a brief one
- time form (EPA Form 7710
- 53) (see Appendix D) and filing and maintaining the information. Individuals who handle PCB
- Contaminated liquid wastes must notify chemical waste landfill owners of the certain specified properties of the waste, and the landfill must obtain written approval from the EPA Regional Administrator before disposing of these wastes. Individuals disposing of PCB waste, such as in a high efficiency boiler, mu st notify the Regional Administrator about the activity
. Waste handlers attempting to secure disposal must maintain records of these attempts to be granted an automatic one
- year extension to store wastes beyond the one
- ye ar deadline for disposal. I f wast e handlers change their waste
- handling activities, they are also required to file an amended TSCA PCB notification form (EPA Form 7710
- 53, Appendix D), which provides information on the amended activity
. To handle PCB remediation wastes under the self
- imp lementing option, site owners must notify the EPA Regional Administrator and other authorities about the remediation activities and submit a written certification to the Regional Administrator that site sampling and waste characterization plans are on file at a specified location. Generators of bulk PCB remediation waste must provide written notice to off
- site waste handling facilities about the quantities that will be shipped to the facilities and the highest concentration of PCBs in the shipment. Proper ty owners with remediation sites that require the use of a fence or a cap must submit to EPA a certification that the property deed has a notation to that effect. The recordkeeping activities for individuals using the self
- implementing remediation provisi ons for disposing of PCB remediation waste include retaining written waivers received from EPA or other authorities for 5 ye ars, maintaining records of sampling plans and characterization procedures, recording in the deed any sites that require the use of a fence or cap, and keeping records of cleanup activities for 5 years. PCB waste handlers are required to record and maintain records, such as calculations used and validation and sampling results, on certain decontamination activities. Any person using the risk
- based disposal option to dispose of PCB bulk product waste must apply

in writing to EPA to do so. Persons handling PCB bulk product waste must maintain records of sampling and anal ys is for 3 years. Any person with a spill involving one pound or more of PCBs must report the spill to the National Response Center. PCB waste generators must provide manifests and/or shipping papers that will accompany the waste shipment to the transporters and to the disposers. When a generator uses an independent transporter, he or she must confirm either by phone or some other convenient means that the receiving PCB storage and/or disposal facility actuall y received the wastes. Generators, storers, transporters, and disposers must sign and retain copies of the manifests when they handle a shipment of PCB waste. Generators must submit exception reports to EPA when

### -- 55 they fail to receive confirmation from the disposer that a shipment of PCB waste has been properl y disposed of. Persons seeking coordinated approval for their waste
- handling activities are required to submit requests for approval to the EPA Regional Administrator . These individuals are required to adhere to recordkeeping and reporting requirements, submit additional information as required by EPA, or sub mit an application for a TSCA PCB approval, and notify the Regional Administrator of any changes relating to the waste management documents that serve as the basis for the coordinated approval. Owners and Operators of PCB Disposal Facilities : These respon dents are expected to complete the EPA approval process: develop a description and a plan for a demonstration of the sy stem; conduct demonstration and complete an analy tical assessment of the results; and record/disclose information; submit a demonstration report; and develop standard operating procedures, a closure plan and financial assurance that cover the closure costs of the facility
. Operators of approved chemical waste landfills, incinerators, or alternate PCB disposal technologies must also notify s tate and local officials prior to the first use of the technology , and if requested b y a s tate or local government, provide annual notice of the quantities and ty pes of PCBs disposed of during the year. Owners/operators of incinerators must keep records regarding the PCBs fed into the incinerator and the operating conditions of the equipment. Owners of chemical waste landfills must collect and anal yz e samples of surface and ground water at EPA
- approved locations. To dispose of residual PCB waste in a sc rap metal recovery oven or smelter, the owner must obtain a permit or have the unit approved b y the EPA Regional Administrator , and comply with applicable reporting requirements of Subparts J and K, such as recording operating temperatures. Persons burnin g PCB liquids in high efficiency boilers must retain records of the quantities burned, waste anal ys is results, and operational conditions of the boiler. Owners and operators of PCB disposal facilities are required to submit annual reports to EPA. PCB was te disposers must submit unmanifested waste reports to EPA when they accept a shipment of PCB waste without an accompanyi ng manifest. Disposers also must submit discrepancy

reports when the PCB waste they receive for disposal does not match the descriptio n of the manifest that accompanies it. Owners/operators of disposal facilities must submit Certificates of Disposal to waste generators when a disposal is complete for each item on a manifested waste shipment. The disposers must maintain all of the above records. Owners/operators of PCB disposal facilities also are required to attempt to contact the generator when they

receive a shipment of PCB waste that does not include a manifest. Owners/Operators of Commercial Storage Facilities : These respondents must complete the EPA approval process; i.e., submit closure plans and financial assurances to EPA. They must notify the appropriate EPA Regional Administrator when it is necessary to exceed the 1
- ye ar storage limitation, to modify the facility, or amend the financial assurance mechanism. For subsequent extensions to the storage limitations, the requestor must submit specific justification

### -- 56 for the extension and indicate measures he is taking to secure disposal. Owners of commercial storage facilities must record and maintain records associated with PCB equipment inspections and cleanups. They

must also submit a summary report to EPA of the ty

pe and quantity

of PCB wastes that were managed at the facility during the preceding year. Commercial storers of P CB wastes must submit Exception Reports when they transfer the PCBs or PCB Items to the disposer within 9 months from the date of removal of the Item from service or when they have not received within 13 months from the date of removal from service for disposal a Certificate of Disposal confirming the disposal of the Item, as applicable. Users of PCB waste storage containers can use containers other than those prescribed b y ANSIfor nuclear criticality safety if the user demonstrates that such containers are protective of human health and the environment. Managers of large bulk PCB storage containers shall have a record that includes for each batch of PCBs the quantity of the batch and the date the batch was added to the container. If owners of storage fa cilities change their waste
- handling activities, they would also be required to file an amended TSCA PCB notification form. EPA will approve changes in ownership of storage facilities if the transferee has established financial assurance for closure and the transferor has resolved any deficiencies, such as with operations, closure plans, and cost estimates. Owners/operators of PCB commercial storage facilities are required to attempt to reconcile, with either the generator and/or transporter any significant discrepancy in the manifest. Owners/operators of PCB commercial storage facilities are required to attempt to contact the generator when they

receive a shipment of PCB waste that doesn’t include a manifest. Laboratories : Persons conducting R&D on PCB disposal are required to obtain an EPA identification number and notify EPA and other authorities before conducting the R&D activities. R&D facilities must also manifest wastes, as applicable, and submit requests to EPA when exceeding the specified limits for the PCBs used. R&D facilities can also submit requests for extensions in the duration of the activity . Facilities can submit exemption petitions to qualify for the class exemptions to manufacture PCBs for disposal
- related R&D activities or to proces s or distribute PCBs or PCB anal ytical reference samples derived from waste materials. Facilities seeking the exemption must maintain records of the activities for the annual log. Laboratories conducting self

- implementing R&D for disposal activities must maintain annual records, as well. R&D facilities seeking coordinated approvals may submit requests for approval to the EPA Regional Administrator . They are required to adhere to recordkeeping and reporting requirements, submit additional information as required by EPA or submit an application for a TSCA PCB approval, and notify the Regional Administrator of any changes relating to the waste management documents that serve as the basis for the coordinated approval. Operators of laboratories who wish to e xceed quantity limitations for the manufacture, processing, or distribution in commerce of PCBs will have to submit requests to EPA.

### -- 57 Other Individuals (i.e., Users of PCBs) : Owners of PCB
- Contaminated natural gas pipeline sy stems who sell or distribute natural gas, can use these s ys tems if they keep records of sampling and anal ys is results and actions taken to reduce the PCB concentrations to below regulated levels and submit a description of the sy stem to EPA, if requested. Documentation of data and acti ons must also be made available to EPA upon request. Owners of natural gas pipelines must also include the sy stem in public service notification programs, which inform landowners that they

should contact the utilities before beginning any excavation work on their property. Owners of other PCB
- contaminated gas liquid systems must obtain the consent of the EPA (Director, National Program Chemicals Division) to use the sy stems. Persons burning for energy recovery used oil or liquids containing PCBs <50 ppm from a natural gas pipeline sy stem must keep records of each certification notice, and marketers of these liquids must retain records related to transactions that they claim do not contain detectable PCBs. Other users of PCBs may have to deal with remedi ation waste or PCB bulk waste disposal issues. In that event, they will need to determine which of the available options (i.e., self
- implementing, performance
- based, leachability or risk
- based) could be used to address their disposal needs. These disposal options will require compliance with various reporting and recordkeeping requirements.
**5. THE INFORMATION COLLECTION** 

**— AGENCY ACTIVITIES,**  **COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5(a)**  **Agency Activities** EPA resources are devoted to reviewing and analyzing data submissions, compiling and recording data, maintaining hard
- cop y files of submitted data, inspecting facilities, producing inspection reports, responding to public inquiry , providing regulatory interpretations and developing rulemakin gs. OPPT staff members do not print or otherwise prepare collection instruments, compile mailing lists, or publish results. Although a web site has been established, EPA plans to continue/expand its review of the use of the Internet to facilitate the tra nsfer of information from EPA to the public. More specific Agency activities are discussed below. Data submitted to EPA for consideration in granting or denyi ng requests for exemptions are reviewed, anal yz ed for confidentiality and appropriate protection , and placed in the docket. EPA makes determinations of whether to grant exemptions and develops rulemakings in response to the requests for exemptions. Agency staff also receives, anal yz es, and reviews requests to exceed quantity limitations imposed by class exemptions. Under the self

- implementing procedures of the PCB regulations, data are submitted to EPA to qualify

for the exclusion for processes/products containing low levels of PCBs from the statutory bans on the manufacture (including import), pro cessing, and distribution in commerce of PCBs. These data are reviewed and stored pursuant to confidentiality requirements, when

### -- 58 appropriate, and placed in the docket for public review (sanitized documents only); inspections are conducted as prescribed by the enforcement policy . The information is used by EPA to identify manufacturers and importers of products containing low levels of PCBs, as well as for compliance monitoring and enforcement purposes. Pursuant to the use authorization for PCB Transformers, EPA staff members created and currentl y maintain the PCB Transformer Database. Staff presently process registrations for newly discovered PCB Transformers. As Agency resources permit, EPA also updates the database to include additional information vo luntarily submitted by

PCB Transformer owners on the current status of PCB Transformers previousl y registered. This supplemental data is not required or solicited b y EPA. On an “as requested basis,” EPA resources provide information from the PCB Transfor

mers Database to environmental and emergency response officials. EPA also has placed these data on the Internet. EPA staff also process both new and amended PCB notifications of waste handling activities and updates the Notification of PCB Activity Quart erl y Reports on PCB waste handlers. These data are currentl y available on the Internet. In formation from annual reports that are submitted by storers and disposers of PCB waste enables the Agency

to respond to public and Congressional inquiries, target i nspections, and conduct compliance monitoring and other enforcement activities. To produce the inspection reports, EPA inputs, indexes and files data that are obtained during inspections, and prepares, reviews and revises the inspection reports. Activiti es routinely

conducted by

EPA in processing requests for permits to operate a PCB disposal facility

are as follows:

 

### Review/anal yz e applications to determine whether facilities have adequate technical plans and financial capabilities to operate and maintai n the facility
.

 

### Attend demonstrations.

 

### Grant/deny approval.

 

### Store the data. Engineers in EPA’s Office of Resource Conservation and Recovery as well as staff in regional offices review the PCB disposal applications. The adequacy of the data contained i n these applications is evaluated during a thorough review of the data and calculations and the assessment of subsequent demonstrations. In addition to disposal approvals, the Agency receives, anal yz es, and reviews applications for commercial storage approvals and coordinated approvals; as well as requests to exceed R&D and storage limitations and to use alternate disposal methods. For commercial storage approvals, EPA must also determine if the facility will be able to close in an environmentally safe manner.

### -- 59 **5(b) Collection Methodology and Management**  Currently , all of the PCB information collections are done in hard copy form. Although the content of these various collections has been specified, the majority do not require the use of a specific form o r format. Therefore, electronic submission and manipulation of the data are not feasible at this time. Two of the collections, however, are on a form. EPA plans to review the efficiency of using the Internet to facilitate the transfer of information (su ch as reporting forms) between EPA and potential respondents. Requests for disposal approval may be submitted in the form most convenient to the applicant. Because of the nature of the information (i.e., engineering blueprints), most of the information i s generall y submitted on paper, rather than electronicall y. Where appropriate, EPA accepts data in electronic format. There is no requirement for the information to be submitted in an automated, electronic, mechanical, or other technological information format. Records are maintained at EPA by

the staff overseeing the review of permit applications. Applications are retained for the duration of the disposal facilities operating approval. The public may access the non - confidential portions of application s. **5(c) Small Entity Flexibility**  Small businesses are not exempt from the PCB regulations under TSCA, and the information collections will affect all entities, regardless of size, that own or use PCBs or PCB
containing equipment and generate PCB waste. The potential health ramifications necessitate equal reporting and recordkeeping requirements for all persons, and due to heightened awareness and concern for proper PCB disposal practices, the potential human and environmental risk necessitates equal disc losure b y all applicants regardless of size. While all practical steps have been taken to minimize the reporting and recordkeeping burdens, the requirements imposed are the minimum necessary

to maintain proper accountability for the disposition of the PCB s. These requirements assist EPA in meeting its statutory obligation to make a finding of no unreasonable risk for an authorized activity and determining, for example, whether a petitioner is eligible to receive the benefit of an approval, exemption, or e xclusion. In general, while the reporting and recordkeeping requirements impose additional obligations on small businesses, these requirements are of a conventional nature that should be familiar to businesses, and are no more burdensome than conventional standard business practices. In addition, some requirements overlap with sound business practices, such as periodically inspecting valuable equipment, maintaining an inventory of property and other basic recordkeeping. Small organizations will usually h andle smaller volumes of PCBs than larger entities, thereb y minimizing their reporting and recordkeeping burdens. The complexity of toxic material disposal and the required financial assurance to ensure against environmental liabilities seem to deter smal ler businesses from engaging in disposal facility enterprises (e.g., it is economically infeasible). In another example, the majority of PCB Transformers subject to these requirements are located in large industrial and utility locations, as the use of tr ansformers designed to use

### -- 60 PCBs (Askarel transformers) is associated with high
- voltage applications. Therefore, fewer small businesses are likely to own many

PCB Transformers because of the nature of their application as well as significant costs associat ed with the initial purchase of the equipment and the long
- term expense for operation and maintenance. Moreover, even assuming that PCB Transformers are as likely to be owned by

small entities as larger firms, the regulatory cost remains very

small relati ve to overall revenues
. In another example, the manufacturing exclusion was designed to minimize the burdens of the TSCA s ection 6(e) bans on chemical manufacturers. This rule has relieved small business manufacturers from the burdens of filing annual pe titions for exemption from the manufacturing, processing, and distribution in commerce bans, as required under s ection 6(e)(3). Further, to minimize the burdens of information collection on small organizations, EPA allows significant flexibility in its in formation collection requirements so that manufacturers have options available to them for supporting their requests for exclusion. One option avoids the need for repeated sampling and reporting by allowing manufacturers to conduct theoretical analy ses rather than actual sampling of process streams to estimate the levels of PCBs generated by the processes. If the basis for the theoretical anal ys is is sound, the manufacturer may certify compliance on the basis of that anal ys is, until and unless he or she engages in a new process or significantly alters the reported process. Additional flexibility is available for estimating the levels of PCBs generated and released. Rather than specifying any one sampling regime or method of theoretical anal ys is, the repo rts require only that petitioners support the estimates by any defensible basis. For example, sampling results may be accompanied by

a description of the sample matrix and any

data from a quality

assurance plan. **(i) Small Entities Affected by the PCB Reg ulations**  Small business entities may include both those in the public and private sectors, and not
for
- profit organizations as well as for
- profit entities. The Regulatory Flexibility

Act identifies three classes of small entities of special concern:

 

### Small for
- profit businesses as defined b y the Small Business Administration’s (SBA) Table of Size Standards.

 

### Small governments, defined as governmental jurisdictions, such as cities, towns, counties, or school districts, with a population less than 50,000.

 

### Small organizations, defined as not
- for
- profit enterprises that are independently owned and not dominant in their fields. Entities generating PCB wastes comprise the following classes:

 

### Electric utility

industry : PCB
- oil and contaminated mineral oil from electrical equipment such as transformers and large capacitors. Included in this category are publicly owned entities such as municipal and county electric s ys tems as well as

### -- 61 other public power s ys tems such as irrigation districts.

 

### Non
- utility

entities w ith privately

owned electrical equipment, such as PCB Transformers and Capacitors and other PCB
- Contaminated electrical equipment. This group includes those entities that own high
- voltage transformers and large capacitors. A 1989 EPA report identified su ch entities as most likely to be in oil and gas production, manufacturing, railroads, and telecommunication industries. Not
for
- profit entities such as colleges and universities and hospitals are also to be included in this group (EPA, 1989). Public
- sect or operations such as prisons might also possess this ty

pe of equipment.

 

### Entities with PCB ballasts from fluorescent light fixtures. Due to the widespread use of fluorescent lighting, any entity operating out of a fixed location built prior to the late 1 970s is a possible candidate for inclusion in this class of waste generators. In cluded are government bodies, such as school districts, that have such lighting equipment.

 

### Entities operating natural gas pipelines may have PCB
- contaminated pipeline equipment resulting from the contact of condensate with PCB
- contaminated oils used in pipeline compressors.

 

### PCBs have been found in electrical components of appliances and in automobiles, and disposal operations such as automobile or appliance shredding may generate PCB
- contaminated materials.

 

### Cleanup of Superfund sites and other hazardous waste sites may generate PCB
contaminated materials. Electric Utilities : It has been estimated that 60 to 70 percent of the PCBs produced were used in dielectric fluid for transformers and capacitors. Thus, such high
- voltage equipment, including askarel and mineral oil transformers and large PCB Capacitors, represents a major source of PCB waste generation. EPA studies of the numbers of such equipment in use assumed that uti lities owned 30 percent of the askarel transformers, 80 percent of the mineral oil transformers, and 90 percent of the large PCB capacitors, with the remainder owned b y non utility industrial enterprises (U. S. EPA, 2004a). In 2003, EPA estimated that 3,1 70 utilities might own PCB and PCB
- contaminated electrical equipment (U.S. EPA, 2003). The SBA small
entity definition for the electric utility industry includes entities producing 4 million megawatt
hours of electricity

sales or less. Small publicly owne d utilities are those owned by government bodies with a population of less than 50,000. Other Industrial Sectors : The available evidence suggests that PCB waste generation related to contaminated electrical equipment, fluorescent light ballasts, and other PCB wastes, is common throughout a number of industrial sectors. The 1989 EPA study , based on Arkansas, New York, and California state information about PCB waste generators, identified oil and gas

### -- 62 production (NAICS 211111), manufacturing (NAICS 31
- 33), line
- haul railroads (NAICS 48211), telephone communications (NAICS 513), and refuse s ys tems (NAICS 562111) as accounting for over 90 percent of the non
- utility , private sector PCB waste generators. In formation on PCB waste generators for New York and Cali fornia indicate that a large proportion of non
- utility

PCB waste generators fall within NAI CS codes 211, 31
- 33, 335, and 562. These industries are expected to account for most of the PCB wastes associated with the disposal of electrical equipment. Hospit als (NAICS 62211) and colleges and universities (NAICS 61131) are also likely to have high
- voltage electrical equipment of the ty pe associated with PCB contamination and thus should be included within the class of PCB waste generators associated with such equipment. This assumption is corroborated by the inclusion of such establishments among the New York hazardous waste generators listed as disposing of PCB transformers and capacitors. The specific description of the wastes for each generator provided by the New York data also confirms the belief that wastes associated with fluorescent light ballasts are generated b y establishments throughout the private and public sectors. EPA used this information about the industrial pattern of PCB waste generation to develop industry
- specific estimates of the number of establishments that might have PCB and PCB
- Contaminated Electrical Equipment. Based on a previous study of the electric utility industry , EPA estimated that 0.3 percent of electric utility customers re ceive power at high voltage levels (ERG, 1993). High
- voltage customers in most cases have transformers, capacitors, and other equipment necessary to transform the voltages and distribute electricity within their premises. That study also estimated that 8 5 percent of such establishments own their own high
- voltage transformation equipment, the remainder using transformation equipment provided or leased to them by their utility

company . Previously , EPA estimated that approximately 50,000 industrial establis hments have affected equipment (U.S. EPA, 2003). While the likelihood of owning the regulated equipment increases for high
- voltage customers, it is not the only characteristic that is relevant. Low
voltage distribution equipment can also be PCB
- contaminated. EPA distributed the affected establishments among industries using judgments of the distribution of high voltage equipment among 3
- digit NAICS industries. Thus, while an establishment need not be a high
- voltage customer to be affected by the regulations, being a high
- voltage customer was considered the best indicator of whether the establishment would be using PCB
- containing equipment. The methodology included the following judgments. First, the industries were stratified according to whether they would include a substantial number (high prevalence), relativel y few (low prevalence), or a negligible number of high
- voltage users. Second, high
- prevalence industries were judged to account for two
- thirds of the list of high
voltage users. The 50,000 af fected establishments were then distributed among industries within these two groups on the basis of the overall distribution of establishments. The results of this distribution methodology are shown in Table 3
- 2 of the Draft Analysis of the Cost Impacts of Potential Amendments to the PCB Regulations at 40 CFR 761 (U.S. EPA, 2003). For most NAICS industries, SBA classifies small entities by employ ment size.

### -- 63 Depending upon the industry , entities with fewer than 500, 750, or 1,000 employees are classified as small businesses. 1 

### For most of the remaining industries, small firms are classified by revenue size. 2 

### To estimate the number of small entities for these industries, average revenues per entity were calculated for each employ ment size category

in each six
- digit NAICS code. The average revenue per entity for employ

ment size classification in each NAICS code was then compared to the SBA small business definition. All entities in size classifications falling below the small business definition were count ed as small businesses. Table 3
- 3 in the Draft Analysis of the Cost Impacts of Potential Amendments to the PCB Regulations at 40 CFR 761 presents estimates of the number of entities in each industry that own affected equipment (U.S. EPA, 2003). These estimates are based on the distribution of high
voltage equipment establishments and assume that the frequency of high
- voltage equipment ownership among entities is the same among establishments. Also, small entities are assumed to be as likely

to own high
- v oltage equipment as larger firms, an assumption that may result in an overstatement of the actual number of small entities that own such equipment. Of the estimated 9,490 entities with high
- voltage equipment, 1,928 are electric utilities. Electric utilities account for 1,840 of the 9,053 small entities with high
- voltage equipment. Additionally , since this in
depth anal ys is was conducted, companies have disposed of approximately 3 percent annuall y of PCB equipment (U.S. EPA, 2005b), indicating that the number of small businesses being impacted continues to decrease. **5(d) Collection Schedule**  Most of the reporting activities are triggered b y specific events or on an as needed basis rather than b y specific dates, as shown on Table 5
- 1 and 5
- 2.

1 The Census Bureau’s Statistics of U.S. Businesses does not classify entiti es in size groups beyond the size group of ‘greater then 500 employees’. Consequently, entities, establishments, employees, or revenues in size groups of fewer than 750 or 1000 employees cannot be allocated. For these size standards, data for entities with fewer than 500 employees were used as a conservative estimate.

2 Except for utilities (NAICS 221111, 221112, 221113, 221119, 221121, and 221122). These utility industries are defined as small if they generate less than 4 million megawatt
- hours of electric ity sales per year. Electric utility operating data collected and reported by the Energy Information Administration (EIA, Form 861) were used to determine the number of small entities and revenues for utilities.

### -- 64 **TABLE 5 -**  **1 REPORTING SCHEDULE FOR ICR 1446.0**  **9 , SECTION 5(d)**  **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Collection Schedule**  **40 CFR 761 Subpart A** 

**— General**  1 §761.(f)(1)(2), and (3) Submit ne w reports or modifications to existing reports to

quali fy for manufacturing/import exclusions, pursuant to compliance with the reporting requirements of Subpart J. Within 90 days of initiating a manufacturing process/import. Subsequent submission of information is required if a manufacturer significantly alters a production process, or to report periods of unusually high generation or release of PCBs. (See numbers 42 and 43) **Subpart B**

**— Use**  2 §§761.20(b) and (c)(1) and (3) Submit an exemption petition as per TSCA s ection 6(e)(3)

to manufacture (import) , process, or distribute in commerce (export) PCBs, unless otherwise authorized. On an as needed basis.

3 §761.30(a)(1)(vi) and (vii); (xv)(D) Register newly discovered PCB Transformers. Within 30 days of identifying Transformer. 4 §§761.30(a)(2 )(v)(C) and .30(h)(2)(v)(C) Submit requests to reclassify equipment using alternate

methods. On an as needed basis. 5 §761.30(i)(1)(iii) (A)( 1 ) and (C) For gas pipeline systems owned/operated by a seller or

distributor of natural gas, submit a description of the systems that contain > 50 ppm PCBs and make available documentation of data and actions to comply with use authorizations
. Upon request of EPA
.

6 §761.30(t)(3) Obtain EPA approval for the use of PCBs in other gas or liquid systems. When planning use of system.**TABLE 5 -**  **1, continued REPORTING SCHEDULE FOR ICR 1446.09, SECTION 5(d)** 



### -- 65 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Collection Schedule**  7 §761.35(b) Obtain EPA Regional Administrator approval for an extended storage for reuse period. 6 months prior to expiration. **Subpart D**

**— Storage and Disposal**  8 §§761.60(e) and (i)(2), .70(a), (b), and (d), and .75(b)(7) , (b)(8)(ii), and (c) Submit disposal permit applications, when appropriate, and

demonstration plans. Applications are submitted as needed. Once an approval is granted, the permittee must notify the Agency prior to the expiration date if a renewal of the approval is desired. If no changes or modifications have been made to the disposal process in the year preceding expiration, the permittee must simply re
- demonstrate the process. 9 §761.60(j)(1)(i) Obtain an identification number for PCB R&D dispo sal. When planning R&D for disposal. 10 §761.60(j)(1)(ii) Notify EPA (as well as s tate and local environmental officials) of PCB disposal R&D activities. 30 days prior to initiating R&D activity. 11 §761.60(j)(2) Obtain a waiver to increase the volume or concentration of PCBs or duration of an R&D activity. R&D disposal approval may be required by the EPA Regional Administrator
. When needed.

12 §§761.61(a)(3)(i) and (ii) Notify EPA (as well as s tate and local environmental

officials) o f self

- implementing remediation activity. Additional information may be requested. 30 days prior to remediation.
13 §761.61(a)(3)(ii) Notify EPA of changes to self
- im plementing remediation activities. Within the 30
- day notification period. 14 §761.61(a)(3)(iii) Request a waiver of the notification requirement. If remediation is needed. 15 §761.61(a)(8)(i)(B) Submit certification that the deed notation for properties requiring a fence or cap has been recorded and includes the cap/fence no tice. Within 60 days of completion of remediation.**TABLE 5 -**  **1, continued REPORTING SCHEDULE FOR ICR 1446.09, SECTION 5(d)** 



### -- 66 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Collection Schedule**  16 §761.61(c)(1) Apply for risk
- based disposal of PCB remediation wastes. Submit additional information as requested by EPA. Before alternative activity takes place. 17 §761.62(c)(1) Obtain approval for risk
- based disposal or storage of PCB bulk product waste. Provide additional information and periodic progress reports, as requested by EPA Before activity takes place.
18 §761.65(a)(2) Provide information on continuing attempts to secur e disposal. Request a 1
- year storage extension. 30 days prior to disposal deadline. 19 §761.65(a)(3) Submit request for additional extensions beyond the initial 1
- year extension, including justification and information on measures taken to secure disposal. When needed.

20 §761.65(a)(4) Submit request for modifications to TSCA approval to allow for extended storage period. Before extension expires. 21 §761.65(c)(6)(i)(C) Demonstrate that other containers for storage of PCB/radioactive was tes are protective of health and the environment. When needed.

22 §§761.65(d); (e)(1),(6), and (8); and (f) Prepare application for commercial storage approval.

Notify EPA of facility modification, impending closure, and completion of closure. When needed; 60 days before final is scheduled to begin; within 60 days of completion of closure. 23 §§761.65(e)(4) Submit a w ritten request to the EPA Regional Administrator to modify a storage approval to amend the closure plan, when there are changes i n ownership, changes in expected dates of closure, and/or unexpected events. When needed.

24 §761.65(g)(9) Notify EPA of modifications to commercial storage facilities. Within 30 days of facility modification.**TABLE 5 -**  **1, continued REPORTING SCHEDULE FOR ICR 1446.09, SECTION 5(d)** 



### -- 67 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Collection Schedule**  25 §§761.65(j) Demonstrate that a ne w commercial storage facility owner has established financial assurance for closure. As of the date of final EPA approval. Submit new or amended commercial storage application as a result of change in ownership. 26 §§761.70(a)(8), (9); and (d)(5) O btain approval of alternate measures when regulatory

requirements cannot be met for operating an incinerator used for incinerating PCBs. When needed.
27 §§761.70(d)(8); 761.75(c)(7) Notify EPA of change in ownership of disposal facility

(i.e., for inc inerators and landfills). Within 30 days of transferring ow nership. 28 §§761.71(a)(2) and (b)(2) Notify EPA of high efficiency boiler information, (e.g.,

HEB owner, address, and specifications). Seek approval to burn liquids, other than mineral oil d ielectric fluid in a high efficiency boiler. One
- time notification 30 days before initially burning mineral oil dielectric fluid (MODEF) in the boiler. One
- time approval prior to burning liquids. 29 §761.72(c)(2) Notify EPA as a scrap metal recovery oven or smelter used to dispose of PCBs. Before burning PCBs (Also see #44). 30 §761.72(c)(3) Request approval to dispose of PCBs in an oven or smelter based on site
- specific risk assessments, in lieu of meeting requirements listed in §761.72. Be fore use of unit.
31 §§761.77(a)(1)(i), (a)(1)(ii)(A)( 1 ) and (C), and .77(a)(2) Submit a notification to the EPA Regional Administrator for coordinated approval and additional information, as requested by EPA. Submit an application for TSCA disposa l approval, if the Regional Administrator denies the request for a coordinated approval or determines that the conditions of the coordinated approval are not met. When seeking coordinated approval; when requested by the Regional Administrator
.

32 §76 1.77(a)(3) Notify EPA of changes in PCB waste management requirements in the document(s) used to obtain TSCA PCB coordinated approvals. Within 5 days of when changes are made.**TABLE 5 -**  **1, continued REPORTING SCHEDULE FOR ICR 1446.09, SECTION 5(d)** 



### -- 68 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Collection Schedule**  33 §761.79(h) Request approval of alternative decontamination or samp ling methods. When needed.
**Subpart E**

**— Exemptions**  34 §§761.80(e)(1) and (i)(1) Submit R&D exemption petition to qualify for the class

exemption for manufacturing PCBs for disposal and for processing and distributing PCBs and analytical reference samp les derived from PCB waste. 60 days prior to activities.

35 §761.80(e), (i)(2) and (n) Submit certified letter to request renewal of certain

exemptions. 6 months prior to expiration. 36 §§761.80(e)(3), (g)(2) and (i)(4) Obtain approval to ex ceed limits of the exemption. 60 days before manufacture of PCBs. 37 §761.80(e)(4) Notify EPA in w riting when R&D activities will include the manufacture of PCBs. 30 days prior to beginning R&D activities. 38 §§761.80(n) Submit a petition for certain exemptions to address increases in the amount of PCBs to be processed and distributed, imported (manufactured), or exported, or changes in the manner of processing and distributing, im porting (manufacturing), or exporting PCBs. When needed.

**Su bpart F** 
**— Transboundary Shipments of PCBs for Disposal**  39 §§761.93(a) and .97(a) Submit an exemption petition to import or export PCBs or

PCB Items for disposal. When needed (See #2). **Subpart G**

**— PCB Spill Cleanup Policy** **TABLE 5 -**  **1, continued REPORTING SCHEDULE FOR ICR 1446.09, SECTION 5(d)** 



### -- 69 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Collection Schedule**  40 §761.125(a)(1)(i) to (iii) Report all spills to certain areas of 10 pounds or more to

EPA (and spills involving 1 pound of PCBs to the N ational Response Center). Within 24 hours of discovery. **Subpart J**

**— General Records and Reports**  41 §§761.180(b), (b)(3), and (c)(5) Submit annual reports for PCB wastes disposed of in a PCB

disposal facility (including wastes disposed of by waste generators), and for wastes stored by commercial storage facilities. By July 15 of each year for the previous calendar year.

41a §761.18 0(g) Provide records of PCB equipment reclassification, if requested, to EPA. Also see #68a. Upon request. 42 §761.185 Notify EPA and certify low level PCB product contamination to be exempt from the requirements of Subpart B, regarding processes in advertently generating PCBs and imports of products containing inadvertently generated PCBs. Certification must be repeated if the previous certification is no longer valid. Within 90 days of having processes or imports for which such reports are require d.

43 §761.187 Notify EPA when PCB releases exceed limits, to be exempt from the requirements of Subpart B, for products, manufactured or imported containing inadvertently generated PCBs. When limits are exceeded.

**Subpart K**

**— PCB Waste Disposal Reco**  **rds and Reports** 44 §§761.202(a); 205(a) to (c) Notify EPA of waste handling activities, for generators,

commercial storers, transporters, or disposers of PCB wa ste. Prior to engaging in PCB waste handling activities.

45 §761.205(f) Report changes in notifications previously submitted by PCB waste handlers. Within 30 days of making a change.**TABLE 5 -**  **1, continued REPORTING SCHEDULE FOR ICR 1446.09, SECTION 5(d)** 



### -- 70 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Collection Schedule**  46 §§761.208(a)(4) and .215(b) to (d). Submit Exception Reports to EPA, as specified in §761.215(b) to (d), when PCB waste generators, disposers, and/or co mmercial storers do not receive confirmation that a shipment of a PCB waste has been properly disposed of. Within 45 days of the events that trigger the report.

47 §761.210(b) Submit Discrepancy Reports along with a copy of the manifest to EPA when the PCB waste received by a disposer is significantly different from the description on the manifest, and the discrepancy is not resolved after receiving the waste. Within 15 days after receiving the unmanifested PCB waste.

48 §761.211(b) Notify EPA Regional Administrator of unmanifested PCB wa ste, for owners/operators of commercial storage facilities who cannot contact the generator of the PCB waste. Upon receiving unmanifested waste and unable to contact the generator.
49 §761.211(c) Submit Unmanifested Waste Reports (e.g., waste description, volume, disposition; date received; ID numbers of waste handlers for that waste) to EPA when disposers accept a shipment of PCB waste without an accompanying manifest. Within 15 days after receiving the unmanifested PCB waste.

**Subpart T**

**— Comparison Study for Validating a New Perform**  **ance -**  **Based Decontamination Solvent under §761.79(d)(4)** 50 §§761.395 and 761.398 Submit results of analysis and validation study to the

Director, National Program Chemicals Division (NPCD). Prior to the first use of a new solvent for alternate decontamination

### - 71
- **TABLE 5 -**  **2 THIRD**  **- PARTY REPORTING SCHEDULE FOR ICR 1446.0**  **9 , SECTION 5(d)** 
**Ref. # Regulatory** 

**Section(s) Collection Requirement**  **Collection Schedule 40 CFR 761**  **S ubpart B** 
**— Use**  51 §§761.20(e)(3)(ii);

.30(i)(5)(ii); and .60(b)(5)(iv)(B) Burner of used oil must provide a 1
- time certification

to the marketer that he is in compliance with notification requirement at §761.71(a)(2). Before accepting the first shipment of used oil.

52 §§761.30(a)(xi)

and (xv)(A) and .30(h)(1)(ii)(B) Notify N ational Response Center of PCB

Transformer and PCB Voltage Regulator fires. Immediately upon discovery of an incident.

53 §761.30(a)(1)

(xiv) Notify owner of PCB Transformer that equipment

may pose risk of exposure to food or feed. When discovering potential exposure to food or feed. 54 §761.30(a)(1)(xv)

(D) Register PCB Transformers with the building owner. Within 30 days of discovery of the PCB Transformer. **Subpar t D** 
**— Storage and Disposal**  55 §761.60(a)(3)(ii) Provide information to chemical waste landfills that liquids do not exceed 500 ppm and are not ignitable. Prior to disposal in the landfill. 56 §761.60(b)(5)(i)

(A)( 1 ) Include natural gas pipes that co ntain PCBs in public

service notification programs. Before abandoning natural gas pipes. 57 §761.60(f)(1)(i) Notify s tate and local officials of PCB disposal in chemical waste landfill, incinerator, or an alternate PCB disposal technology. At leas t 30 days before a facility is first used.

58 §761.60(f)(1)(ii) Provide annual notice to s tate and local governments about PCBs disposed of during the year. At the request of the s tate or local governments. 59 §761.60(j)(1)(ii) Notify s tate and lo cal environmental officials (as well as EPA) of PCB disposal R&D activities. 30 days prior to initiating R&D activity.**TABLE 5 -**  **2, continued THIRD**  **- PARTY REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5(d)** 



### -- 72 **Ref. # Regulatory** 

**Section(s) Collection Requirement**  **Collection Schedule** 60 §761.60(j)(1)(vii) Manifest wastes generated by R&D on PCB disposal that are transported from the R&D facility to a commercial storage or disposal facility, unless the residuals or unused samples are returned to the site of generation. Upon transport of waste.

61 §§761.61(a)(3)(i) Notify s tate and local environmental officials (as well as EPA) of self

- im plementing remediation activity. 30 days prior to remediation and when additional information is requested. 62 §761.61(a)(5)(i)

(B)( 2 )( iv) Notify offsite non
- TSCA facility of pending shipment

of PCB remediation waste. 15 days prior to [first] shipment. 63 §761.61(a)(8)(i)

(A) Attach a notation to the deed for property at which

remediation projects require a permanent fence or cap. Within 60 days of completion of the cleanup activity.

64 §§761.62(b)(4)(i)

and (ii) (See also §§761.357 and 359) Provide notification to a receiving facility that does

not have a commercial PCB storage/ disposal approval of a pending shipment of remediation or bulk product waste. 15 days in advance of the first shipment and with each shipment thereafter.

65 §§761.65(c)(1)

and (8) Attach a notation to a PCB Item or PCB Container

containing the item indicating the date the Item was removed from service for disposal, to be able to tem porarily store the item/container in an area that does not comply with the storage requirements o f paragraph (b) of this section. When removed from service for disposal.

66 §761.65(i)(3) Send information, instead of manifest, regarding the sample collector, laboratory, and date of sample shipment with sample. When sending PCB samples to a l aboratory for testing.

**Subpart G**

**— PCB Spill Cleanup Policy** **TABLE 5 -**  **2, continued THIRD**  **- PARTY REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5(d)** 



### -- 73 **Ref. # Regulatory** 

**Section(s) Collection Requirement**  **Collection Schedule** 67 §761.125(a)(1) Report spills involving 1 pound or more by weight of PCBs to the N ational Response Center (and all spills to certain areas or of 10 pounds or more to EPA). Within 24 hours of discovery.
68 §761.125(c)

(2)(ii) Place label or notice of PCB contamination at

cleanup site. When contaminated soil is cleaned up to 50 ppm PCBs and not 25 ppm.

**Subpart J**

**— General Records and Reports**  68a §761.180(g) Provide records of P CB equipment reclassification, if requested, to recipient of equipment. Also see #41a. Upon request.

**Subpart K**

**— PCB Waste Disposal Records and Reports**  69 §§761.207(a) and

.208(a)(2) and (3) Send manifests to the next non
- rail transporter and

the owner or operator of the designated commercial storage or disposal facility. When generators ship PCB wastes by rail or in bulk.
70 §§761.208(c)(1)(iv)

and (c)(2)(iv) Send a copy of the manifest or shipping papers to the

generator. Within 30 days after delivery. 71 §§761.218(a) and

(b) Send Certificates of Disposal to generators of PCB

wa ste when disposal of each item is complete for a manifested PCB waste shipment. Within 30 days after the disposal date.

### -- 74 **ESTIMATING THE BURDEN AND COST OF THE COLLECTION**  **6(a) Estimating Respondent Burden**  To update the respondent burden for this ICR, the hourly burdens and the total number of respondents for each requirement were reviewed using a number of data and information sources and consultations with re gulated entities. The level of effort remains the same as the previous ICR, as respondent tasks have not changed. In a number of cases, however, EPA has revised the total number of respondents or the total amount of equipment that must be tracked based on more recent information. One data source used to revise this Consolidated ICR was Appendix A: Data Acquisitions Report for an Economic Analysis of Phasing Out PCB Transformers and Large Capacitors (U.S. EPA, 2004b). This document includes estimates of PCB transformers and capacitors based on recent discussions with industry stakeholders. Other data sources include EPA’s Notification of PCB Activity Quarterly Reports 

### , the PCB annual report, and the EPA PCB website, which contain data about entities that generate, store, transport, dispose, research, and smelt PCB wastes and equipment (U.S. EPA, 20 10 a 20 10b, 2010c, 2010d). EPA PCB Regional Coordinators were also contacted to obtain information about the number of notifications that were submitted to the Agency over the past few years. The number of notifications EPA Headquarters received was also tallied. New hourl y wage rates were included for managerial, professional and technical (e.g., engineers), and clerical staff. Wages for these categories were taken from the Bureau of Labor Statistics (BL S) Employer Costs for Employee Compensation (ECEC) data for private industry (BLS, 20 10 ). The cost of fringe benefits such as paid leave and insurance, specific to each labor category , are taken from the same ECEC series. An additional loading factor of 17 percent is applied to wages to account for overhead. This approach is used for consistency with Office of Pollution Prevention and Toxics economic anal ys es (Rice, 2002). This overhead loading factor is added to the benefits loading factor, and the total is then applied to the base wage to derive the fully loaded wage. Full y loaded costs for managerial, profession/technical, and clerical labor are calculated as shown in Table 6
- 1. Burden summary
. The to tal estimated time for respondents to comply with the reporting, third
- party reporting, and recordkeeping requirements of this Consolidated ICR is 685,33 5 hours. The annual burden associated with respondents complying with the reporting requirements of th is Consolidated I CR is estimated to average 150, 166 hours industry
- wide. The total third

party reporting burden is estimated to average 15,595 hours, industry
- wide, and the total recordkeeping burden of this Consolidated I CR is estimated to average 518, 57 4 hours, industry
wide. The average hourly estimates and total number of respondents for each reporting, third
party reporting, and recordkeeping burden are explained on Tables 6
- 2 to 6
- 4, respectivel y. Note that the burdens associated with requirement numbers 1, 2, 4, 6, 11, 19, 20, 26, 28
- 30, 32, 36, 38, 39, 42, 43, 47, 51, 53
- 55, 58, 59, 61, 64, 66, 72, and 73 will either have negligible impacts to the requirements or were costed with other requirements as indicated on the tables, and thus no estimates were included for these requirements.

### -- 75 **TABLE 6 -**  **1 DERIVATION OF LOADED RESPONDENT WAGE RATES** 

**Labor Category**  **BLS Series Wage**  (a) **Fringe Benefit**  (b) **Fringes as % w**  **age** (c)=(b)/(a) **Over******

**head % wage**  (d) **Fringe + overhead**  **factor*** (e)=(c)+(d) +1 **Loaded Wages**  (f) =(a)* (e) Managerial Management,

business, and financial $ 38.30 $ 16.61 43% 17% 1.60 $61.42 Professional/ Technical Professional and

related $ 32.16 $ 12.87 40% 17% 7 $50.50 Clerical Office and

administrative s upport $ 15.65 $ 6.67 4 3 % 17% 0 $24. 9 8 Methodology Source: Rice, 2002; Data Source: 2009 December wage data, BLS, 20 10
. 

### To simplify

the presentation of the numerous hourly burden and cost estimates, the data are arrayed according to reporting, third
- party reporting, and recordkeeping requirements for each section of the regulation, consistent with the presentation of the information in the tables of s ections 2 and 5, rather than to rearrange and pres ent the data b y respondent ty pe. EPA anticipates that no one individual would be subject to all of the requirements 40 CFR Part 761. Refer to s ection 4 for a complete description of the activities listed on Tables 6
- 2 to 6
- 4. **6(b) Estimating Respondent**  **Costs** Tables 6
- 5, 6
- 6, and 6
- 7 show the annual respondent hourly burden and cost estimates for the reporting, third
- party

reporting, and recordkeeping requirements of the Consolidated I CR. Refer to s ecti on 6(a), above, for an explanation of the wage rat es used, which are as follows:

 

### Managers

— $ 61.42  

### Professional/technical

— $ 50.50  

### Clerical

— $ 24.98 There is one capital cost associated with this I CR. For Item # 68, there is an estimated $50 per site cost to place a sign at a PCB contamination cleanup site. For 252 sites, the total estimated annual capital cost would be $12,600 (not annualized). There are no new training costs anticipated to the affected industries or the Federal government associated with responding to the information collections that are subject to renewal, nor have there been any Federal costs associated with printing or mailing. Costs associated with reading the rules, providing training, and updating procedures to comply with the reporting and recordkeeping requirements are not includ ed in this renewal as no new regulations have been promulgated that involve paperwork burdens. One
- time requirements remain annualized for a 3
- year period, as indicated on Tables 6
- 5 to 6
- 7. Because operations and maintenance costs for these information collections (i.e., costs associated with telephone calls, photocop yi ng, and other general office overhead expenses) have been estimated to be relatively low and within the range of the estimation error, there are no added costs for these activities. Also n ote that variations in some of the totals on the tables are caused b y rounding.

### -- 76 **TABLE 6 -**  **2 REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR**  **1446.09 , SECTION 6(a)**  **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time Estimate**  **Total # Respondents**  **Per Year**  **Comments 40 CFR 761**  **Subpart A**

**— General**  1 §761.1(f)(1), (2), and (3) Submit new reports or modifications to

existing reports to qualify for manufacturing/ import exclusions, pursuant to compliance with the reporting requirements of Subpart J. — — Burdens are reported under §§761.185 and §761.187. See numbers 42 and 43. **Subpart B**

**— Use**  2 §§761.20(b) and (c)(1) and (3) Submit an exemption petition as per TSCA

s ection 6(e)(3) to manufacture (import), process, or distribute in commerce (e xport) PCBs, unless otherwise authorized. — — Burdens are reported under §§761.80(e) and (i). See number 34.
3 §761.30(a)(1)(vi) (A)( 1 ), (xv)(D) Register PCB Transformers, as appropriate,

within 30 days of discovery. 1 hour 3 18 PCB Transformers Only requirements for new disclosures are

now applicable. The revised number of disclosures was based on an average of the number of PCB Transformers Registered in 2007 and 2008. 4 §§761.30(a)(2) (v)(C) and .30(h)(2)(v)(C) Obtain EPA approval to u se alternate

method to reclassify PCB equipment. 20 hours 0 requests The number of respondents decreased from 38, based on requests received by the Agency over the past few years.**TABLE 6 -**  **2, continued REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 77 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time Estimate**  **Total # Respondents**  **Per Year**  **Comments** 5 §761.30(i)(1)(iii) (A)( 1 ) and (C) Submit a description of a natural gas pipeline

system that contains > 50 ppm PCBs, and/or make available documentation of data and actions to comply with use authorization if requested by EPA. 4 hours 50 systems The number of respondents has been increased to account for anticipated data requests under .30(i)(1)(iii)(C) that were not previously estimated. The time estimate has been averaged to account for the lesser technical and managerial burden associated with (C) data requests
. 6 §761.30(t)(3) Obtain approval for the use of PCBs in other gas or liquid systems. 20 hours 0 No respondents anticipated.**TABLE 6 -**  **2, continued REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 78 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time Estimate**  **Total # Respondents**  **Per Year**  **Comments** 7 §761.35(b) Obtain approval for PCB Articles stored for reuse for >5 years in a facility that does not comply with §761.65(b). 0.166 hour (10 minutes per piece of equipment) 225 The approval for the latest 5
- year storage period ends in 2013. The 10
- minute time estimate is based on public comment and EPA’s review of submissions during the previous reporting period . EPA’s review of submissions during the previous repor ting period also indicated that EPA granted approximately 3 waiver s per year. EPA estimates that each re qu est will cover approximately 75 items 3

.

3 75 items is based on the average number of items from the previous ICR**TABLE 6 -**  **2, continued REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 79 **Subpart D**

**— Storage and Disposal**  8 §§761.60(e) and (i)(2); .70(a), (b), and (d); .75(b) (7), (b) (8)(ii), and (c) Submit permit application and, when

applicable, a demo plan for obtaining approval to operate a PCB disposal facility (i.e., alternative method of disposal, incinerator, chemical waste landfill). Submit requests for approval of R&D for P CB disposal for persons not following self
implementing requirements. 40 applications per year, as follows: 5 new incinerator applications (3,000 hrs to prepare); 15 applications for incinerator modifications and 15 new permit and modification applicati ons for non
- thermal (alternate and landfill) facilities (700 hrs to prepare); 15 renewal letters for all technologies, without modifications (8 hours to prepare). Total number of applicants remains the same, based on the number of applications submitted to the Regions and EPA Headquarters over the past few years. Revised weighted average burden is about 900 hours per submission, decreased from 990 hours, based on a higher percentage of renewal applications compared to new applications. [(3,000 x 5) + (70 0 x 30) + (8 x 15)]/40. 9 §761.60(j)(1)(i) Notify EPA to obtain an identification number for conducting R&D on PCB disposal activities. 1.5 hours 5 facilities The estimated total number of respondents remains the same , based on the number of notific ations the Agency has received over the past few years. 10 §761.60(j)(1)(ii) Notify EPA (as well as s tate, and local) officials prior to conducting R&D on PCB disposal activities. 6 hours 10 facilities Burden reported here for both EPA and third
party notification at Table 6
- 3. Estimated total number of respondents remained the same, based on the number of notifications the Agency has received over the past few years. 11 §761.60(j)(2) Submit permit application and, when applicable, a demo plan f or obtaining approval to operate a PCB disposal facility (i.e., alternative method of disposal, incinerator, chemical waste landfill). Submit requests for approval of R&D for PCB disposal for persons not following self
implementing requirements, as per pa ragraph (j ) of this section. 20 hours 0 No respondents anticipated.**TABLE 6 -**  **2, continued REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 80 12 §§761.61(a)(3)(i) and (ii). Notify EPA (as well as s tate, tribal, and

local) officials of self

- implementing remediation activity, including a summary of the procedures used to sample contaminated areas and sample collection and analysis data; submit additional information as requested; and certify that records of remediation activity are on file at the location designated in the certificate. 100 hours 58 sites Number of r espondents stayed the same , based on the number of notifications received by the Agency over the past few years. Burden is reported here for this requirement and is listed on Table 6
- 3.

13 §761.61(a)(3)(ii) Notify EPA of changes to notification of sel f
- im plementing activities. 2 hours 13 sites Number of respondents stayed the same based on the number of notifications the Agency has received over the past few years. The hourly estimate is based on the time estimate to prepare other notifications for the self
implementing remediation requirements. 14 §761.61(a)(3)(iii) Request a waiver of the notification requirement for conducting cleanup of PCB remediation waste. 20 hours 17 sites Number of respondents stayed the same based on number of notif

ications the Agency received over the past few years. 15 §761.61(a)(8)(i) (B) Submit certification of recording the deed

notation required under paragraph (a)(8)(i)(A) of this section has been recorded. 4 hours 28 sites Number of sites stayed the same based on the number of notices the Agency has received in the past few years. 16 §761.61(c)(1) Apply for risk
-based disposal of PCB remediation wastes. Submit additional information as requested. 1,600 hours 17 Number of respondents stayed the same based on the number of applications the Agency has received in the past few years. 17 §761.62(c)(1) Obtain approval for risk
-based disposal or storage of PCB bulk product waste. Provide additional information. 1,600 hours 20 Number of respond ents stayed the same based on the number of applications the Agency has received in the past few years.**TABLE 6 -**  **2, continued REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 81 18 §761.65(a)(2) Notify of continuing attempts to secure disposal and to request a 1
- year storage extension. 3 hours 5 waste storers Combined fo r numbers 18, 19, and 20.

Estimated total notifications stayed the same , based on number of notifications the Agency has received in the past few years. 19 §761.65(a)(3) Submit request for additional extensions beyond the initial 1
- year extension, inc luding justification and information on measures taken to secure disposal. — — See #18, above.

20 §761.65(a)(4) Submit request for modifications to TSCA approval to allow for extended storage period. — — See # 18, above.
21 §761.65(c)(6)(i) (C ) Demonstrate that other containers for storage

of PCB/radioactive wastes are protective of health and the environment. 40 hours 5 Number of demonstrations remained the same, based on the number conducted over the past few years. 22 §761.65(d); (e)( 1), (6), and (8); and (f) Prepare application for commercial storage

approval, including qualifications of key employees, closure plan, and closure cost estimate. Commercial storer must also notify EPA of facility modification, closure schedule, and comp letion of closure activities. 240 hours 12 new; 13 renewal applications Number of new applications stayed the same

based on the number the Agency has received in the past few years. The weighted average to prepare new and renewal application is 240 hours [(392 hrs x 12 new) + (100 hrs x 13 renewal )]/25. Time to prepare notification of modification was estimated to be about one
fourth the time to prepare initial application. (Also see # 25.) 23 §761.65(e)(4) Submit a written request to the EPA Regional Administrator to modify a storage approval to amend the closure plan, when there are changes in ownership, changes in expected dates of closure, and/or unexpected events. 2 hours 10 times Number of requests stayed the same based on the number th e Agency has received in the past few years.**TABLE 6 -**  **2, continued REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 82 24 §761.65(g)(9) Notify issuing authority of modifications to commercial storage facilities. 2 hours 7 storage facilities Number of notifications stayed the same based

on the number the Agency has receive d in the past few years. 25 §§761.65(j) Demonstrate that a new owner of a commercial storage facility has established financial assurance for closure. Submit new or amended commercial storage application as a result of change in ownership. 120 hours 12 applications Total number of respondents is consistent with

the total number of applications for commercial storage approval, as per # 22, above. Number of notifications stayed the same based on the number of applications the Agency has received in the past few years. 26 §§761.70(a)(8), (9); and (d)(5) Obtain approval of alternate measures when

regulatory requirements cannot be met for operating a PCB incinerator. 1,910 hours 0 No respondents anticipated. It was assumed that if a facility doe s not meet the performance criteria, it will not accept PCB waste. 27 §§761.70(d)(8); 761.75(c)(7) Notify EPA of change in ownership of

disposal facility (i.e., for incinerators and landfills). 8 hours 5 facilities Note that the hourly estimate in cludes only a cursory review of the existing permits by the new owner, not a thorough review. Number of notifications remained the same, based on the number of notifications the Agency has received over the past few years. 28 §§761.71(a)(2) and (b)(2 ) Notify EPA prior to initial use of a high

efficiency boiler to burn mineral oil dielectric fluid. Seek approval to burn liquids, other than mineral oil dielectric fluid in a HEB. 1.5 hours to notify EPA of HEB information; 40 hours to prepare approval request letter to the RA 0

respondents The number of notifications and approvals

remained the same , based on the number EPA has received in the past few years. Also see # 44.**TABLE 6 -**  **2, continued REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 83 29 §761.72(c)(2) Notify EPA as a scrap metal recovery oven or smelter us ed to dispose of PCBs and comply with the reporting requirements of Subparts J and K. 1.5 hours 0 No requests anticipated. Also see # 44.

30 §761.72(c)(3) Request approval to dispose of PCBs in an oven or smelter based on site
- specific risk asse ssments, in lieu of meeting requirements listed in §761.72. 1,600 hours 0 No requests anticipated.

31 §§761.77(a)(1)(i) , (a)(1)(ii)(A)( 1 ) and (C), and .77(a)(2) Submit a notification to the EPA Regional

Administrator for coordinated approval and additional information, as requested by EPA. Submit an application for TSCA disposal approval, if the Regional Administrator denies the request for a coordinated approval or determines that the conditions of the coordinated approval are not being met. 36 hours (notification); 480 hours (approval application) 6

notifications; 0 approval applications Number of notifications remained the same,

based on notifications the Agency has received in the past few years.

32 §761.77(a)(3) Notify EPA of changes i n waste management requirements in the non
- TSCA waste management document used to obtain TSCA PCB coordinated approvals. 8 hours 0 waste disposers No notifications were submitted in the past

few years.
33 §761.79(h) Prepare requests for decontamin ation approvals of alternative decontamination or sampling methods. EPA may request additional information. 1,600 hours 20 Number of notifications remained the same.**TABLE 6 -**  **2, continued REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 84 **Subpart E**

**— Exemptions**  34 §§761.80(e)(1) and (i)(1) Submit R&D exemption petit ion to qualify

for the class exemptions to mfg. PCBs for disposal R&D and to mfg., import, process, distribute, and export PCBs and analytical reference samples derived from PCB waste for the purpose of R&D. 40 hours 1 company Number of respondents is b ased on recent Agency submissions. Estimates are combined for numbers 2, 34, 36, and 38.

35 §761.80(e)(2) and (i)(2) Submit requests for renewal of the

exemptions as per §§750.11 and 31. (Renewals to company
- specific exemptions can be handled following the same procedures.) 1 hour 1 request Number of respondents is based on recent Agency requests.

36 §§761.80(e)(3), (g)(2), and (i)(4) Obtain approval from EPA to exceed limits

of the exemption. — 0 requests for approval See # 34, above. 3 7 §761.80(e)(4) Notify EPA before beginning R&D activities that include the manufacture of PCBs. 20 hours 1 notification Number of respondents is based on recent Agency submissions. 38 §761.80(n) Submit a petition for certain exemptions to address increases in the amount of PCBs to be processed and distributed, imported (manufactured), or exported, or changes in the manner of processing and distributing, importing (manufacturing), or exporting PCBs. (See #35 for renewals.) 40 hours 0 requests T here have been no such requests in the past several years. Total captured in Item # 34.**TABLE 6 -**  **2, continued REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 85 **Subpart F**

**— Transboundary Shipments of PCBs for Disposal**  39 §§761.93(a) and .97(a) Submit an exemption petition to import or

export PCBs or PCB Items for dispos al. ___ ___ Burden is reported at §§761.20(b) and (c)(1) and (3). See # 34. **Subpart G**

**— PC**  **B Spill Cleanup Policy** 40 §§761.125(a)(1) (i) to (iii) Report certain spills of PCBs to the EPA. 0.167 hours (10 minutes) 100 calls Number of calls remain ed the same, based on the amount the Agency received in the past few years. Requirement also on Table 6
- 3. **Subpart J**

**— General Records and Reports**  41 §§761.180(b), (b)(3), and (c)(5) Submit annual reports for the operation of

PCB incinerators, chemic al waste landfills, high efficiency boilers, and commercial storage facilities, including facilities that dispose of the PCB wastes they generate. Report suspension of operations. 59 hours 131 facilities The estimate for number of facilities was g enerated by using the total number of EPA
approved storage and disposal facilities (1 14 ), and increasing this number by 15 percent to reflect the additional facilities that also dispose of the waste that they generate (U.S. EPA, 2010a, 2010b and 2010c ).**TABLE 6 -**  **2, continued REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 86 41a §761.180(g) Provide records of PCB equipment reclassification, if requested, by EPA. 0.25 hours 45 Transformers Industry representatives indicated that only the

very large, expensive transformers would likely be reclassified and only an insigni ficant number of voltage regulators, electromagnets, and switches would be reclassified (Davis, 2003; U.S. EPA, 2003). Thus, this ICR deals only with estimating the burden associated with the reporting requirements for Transformers. EPA estimates that 58 ,457 PCB Transformers remain at the end of 2006 (U.S. EPA, 2004b; U.S. EPA, 2006). Assuming that 1.15% will be retrofilled and reclassified (U.S. EPA, 2004b,) the Agency estimates approximately 672 units may be reclassified during this ICR period. Of this total, Regional PCB Coordinators estimate requesting 45 records per year. (See numbers 74c and d). The hourly estimate assumes it takes 15 minutes for equipment owners to provide requested records (ERG, 2000). 42 §761.185 Notify EPA and certify low level PCB product contamination to be exempt from the requirements of Subpart B, regarding processes inadvertently generating PCBs and imports of products containing inadvertently generated PCBs. Certification must be repeated if the previous certification is no longer valid. 20 hours 0 companies Submissions will report about new, modified, or import activities or about excess releases. The Agency received one submission in 2006 an d no submissions in 2007, 2008, and 2009. Th e number of submissions is decl ined because companies with exclusions have identified themselves in the initial group of submissions. 43 §761.187 Notify EPA when PCB releases exceed limits, to be exempt from the requirements of Subpart B, for products, manufactured or imported c ontaining inadvertently generated PCBs. 20 hours 0 company Number of notifications remained the same, based on the number received by the Agency in the past few years. Hourly estimate is based on time to review the monitoring log and compile information into the notification.**TABLE 6 -**  **2, continued REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 87 **Subpart K**

**— PC**  **B Waste Disposal Records and Reports** 44 §§761.202(a); 205(a) to (c) Notify EPA of waste handling activities, for

generators, commercial storers, transporters, or disposers of PCB waste. 1.5 hours 100 waste handle rs Roughly 8 ,100 notices have been received; in

recent years approximately 100 per year, relatively few “new” submissions are anticipated. Also see numbers 9, 28, and 29, above. 45 §761.205(f) Report changes in notifications previously submitted by P CB waste handlers. 1.5 hours 200 waste handlers — 46 §761.208(a)(4) and §§761.215(b) to (d). Submit Exception Reports to EPA, as

specified in §761.215(b) to (d), when PCB waste generators, disposers, and/or commercial storers do not receive confirmation that a shipment of a PCB waste has been properly disposed of. 2 hours 325 reports Number of reports remained the same, based on the amount the Agency has received annually in the past few years. Combined for numbers 46 and 47.
47 §761.210(b) Submit Discrepancy Reports along with a copy of the manifest to EPA when the PCB waste received by a disposer is significantly different from the description on the manifest, and the discrepancy is not resolved after receiving the waste. — — See # 46 , above.

48 §761.211(b) Notify EPA Regional Administrator of unmanifested PCB waste, for owners/operators of commercial storage facilities who cannot contact the generator of the PCB waste. 0.5 hours 17 notifications Number of notifications stayed the same based

on the number the Agency has received in the past few years.**TABLE 6 -**  **2, continued REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 88 49 §761.211(c) Submit unmanifested Waste Reports (e.g., waste description, volume, disposition; date received; ID numbers of waste handlers for that waste) to EPA when disposers accept a shipment of PCB waste without an accompanying manifest. 2 hours 57 reports Number of reports stayed the same based on the number the Agency has received annually in the past few years.
**Subpart T**

**— Comparison Study for Validating a New Perform**  **ance -**  **Based Decontamination Solvent under §761.79(d)(4)** 50 §§761.395 and 761.398 Submit results of analysis and validation

study to the Director, National Program Chemicals Division (NPCD). 16 hours 5 studies Estimate for the total number of respondents is 5 percent of the estimated 100 decontamination sites. Also refer to # 93, Table 6
- 4.

### -- 89 **TABLE 6 -**  **3 THIRD**  **- PARTY REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR**  **1446.09 , SECTION 6(a)**  **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time E**  **stimate Total #**  **Respondents Per Year**  **Comments 40 CFR 761**  **Subpart B**

**— Use**  51 §§761.20(e)(3)(ii) ; .30(i)(5)(ii); and .60(b)(5)(iv)(B) Burner of used oil must provide a 1
- time

certification to the marketer that he is in compliance with notification req uirement at §761.71(a)(2). 1 hour

— No respondents anticipated.

52 §§761.30(a)(1)(xi) and (xv)(A); .30 (h)(1)(ii)(B) Report PCB Transformers and Voltage

Regulator fire incidents to the N ational Response Center
. 0.167 hour (10 minutes) 2 2 calls N ational Response Center data for 200 9 indicate the Center received a total of 200 PCB
-related calls (U.S. Coast Guard, 20 09 ). An overview of these data indicates that a number of calls were to report transformer fire incidents. It will be assumed for this ICR that 10 percent of all calls (2 2 calls) are to report fire
-related incidents. 53 §761.30(a)(1) (xiv) Notify owner of PCB Transformer that

equipment may pose risk of exposure to food or feed. — — No burden. All notifications were to have been made by October 1, 1985, although notification could occur if a mineral oil transformer in a location near foo d or feed is discovered to contain ≥500 ppm PCBs. 54 §761.30(a)(1)(xv) (D) Register PCB Transformers with the

building owner within 30 days of discovery — — Burden reported on Table 6
- 1.

**Subpart D**

**— Storage and Disposal** **TABLE 6 -**  **3, continued THIRD**  **- PARTY REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 90 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time E**  **stimate Total #**  **Respondents Per Year**  **Comments** 55 §761.60(a)(3)(ii) Pr ovide information to chemical waste landfills that liquids do not exceed 500 ppm and are not ignitable. 20 hours

— No respondents anticipated.
56 §761.60(b)(5)(i) (A)( 1 ) Include abandoned natural gas pipes that

contain PCBs in public service notific ation programs. 0.25 hour (15 minutes) 50 pipes Industry representative indicated no change to this element (Lacey, 2003). 57 §761.60(f)(1)(i) Provide s tate and local officials with notification prior to first use of an approved chemical waste lan dfill, incinerator, or alternate PCB disposal technology. 0.50 hour (30 minutes). 600

notifications Since cleanup activities remain the same, the

estimates for the use of mobile equipment at 300 unique sites remains the same, and will be used as foll ows: 200 substations per year will use mobile equipment to clean PCB transformers; about 50 remediation sites will use solvent extraction units; 5 sites will use mobile incinerators, vitrification units, or physical separation units, and 45 sites will use other existing or newly permitted equipment. 58 §761.60(f)(1)(ii) Provide annual notice of the quantities and description of the PCBs disposed of to s tate or local governments, at their request. 0.5 hour

— Since the annual reporting requirement to s tate/local governments would be initiated at the s tate or local government level, EPA has no way of estimating this total burden. 59 §761.60(j)(1)(ii) Notify s tate and local officials (as well as EPA) of PCB R&D disposal activities. — — Total burden for EPA and third
-party reporting requirements are reported on Table 6
- 1.**TABLE 6 -**  **3, continued THIRD**  **- PARTY REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 91 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time E**  **stimate Total #**  **Respondents Per Year**  **Comments** 60 §761.60(j)(1)(vii) Use manifests, pursuant to Subpart K, for all R&D PCB wastes being transported from the R&D facility to an approved PCB storage or disposal facility. 1 hour 48 facilities Estimate is based on one shipment per year for each facility. Total number of R&D facilities is listed on the Notification of PCB Activity Quarterly Reports (U.S. EPA, 20 10 a). 61 §§761.61(a)(3)(i) Notify s tate and local officia ls (as well as EPA) of self

- im plementing remediation activity. — — Total burden for EPA and third
-party reporting requirements is reported on Table 6
- 1. 62 §761.61(a)(5)(i) (B)( 2 )( iv) Notify offsite non
- TSCA facility of pending

shipment of remediation waste. 2 hours 100 waste shippers Combined for remediation and bulk product

wastes (numbers 62 and 64). 63 §761.61(a)(8)(i) (A) Attach a notation to the deed for property at

which remediation projects require a permanent fence or cap. 3 hours 100 sites

—
64 §§761.62(b)(4)(i) and (ii) (See also §§761.357 and 359) Provide notification to a receiving facility

that does not have a commercial PCB storage or disposal approval before the first shipment of a PCB bulk product waste stream. In addition, for certain waste this notice must be provided with each shipment thereafter. — — See # 62, above.**TABLE 6 -**  **3, continued THIRD**  **- PARTY REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 92 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time E**  **stimate Total #**  **Respondents Per Year**  **Comments** 65 §§761.65(c)(1) and (8) Attach a notation to a PCB i tem or PCB

c ontainer containing the item indicating the date the item was removed from service for disposal, to be able to temporarily store the item/container in an area that does not comply with the storage requirements of paragraph (b) of this section. 0.083 hours (5 minutes) 93,120

i tems, c ontainers, and a rticle c ontainers The numb er of i tems, c ontainers, and article

c ontainers is based on extensive analysis conducted for the Draft Analysis of the Cost Impacts of the Potential Amendments to the PCB Regulations at 40 CFR Part 761 (U.S. EPA, 2003). This report indicates that 582,000 units that contain PCBs are removed from service for disposal each year (including PCB transformers, l arge c apacitors, s mall c apacitors, and v oltage r eg ulators, as well as circuit breakers, reclosers, rectifiers, switches, electromagnets, and cables) and that 8 percent of these units c ontain ≥500 ppm PCBs (46,560 PCB Items). There will be as many PCB c ontainers and a rticle c ontainers as a

rticles, making the total number of PCB items 93,120. For example, there may be instances where contaminated soil from one PCB article spill may fill 50 containers or that the oil drained from one PCB transformer fills 4 containers. The estimate captures that some articles will be combined into one c ontainer. The time estimate for these requirements considers that all items must be dated when removed from service for disposal, whether or not the item will be placed in temporary storage or not.**TABLE 6 -**  **3, continued THIRD**  **- PARTY REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 93 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time E**  **stimate Total #**  **Respondents Per Year**  **Comments** 66 §761.65(i)(3) Send information regarding the sample collector, the lab, date of shipment, quantity, and description of sample, when sending PCB samples to a laboratory for testing. 4 hours

— Since EPA has no way of estimating the number of samples that would be sent off
- site annually for testing, or the frequency with which the samples are sent to an off
- site lab, EPA cannot estimate the total annual burden associated with this requirement. **Subpart G**

**— PC**  **B Spill Cleanup Policy** 67 §761.125(a)(1) Report certain spills of PCBs to the National Response Center
. 0.167 hours (10 minutes) 2 23

incidences New average based on the number of PCB
relate d incidences reported to the National Response Center for 2009 (U.S. Coast Guard, 20 09 ). Related requirement to notify EPA is included on Table 6
- 1. 68 §761.125(c) (2)(ii) Place label or notice at PCB contamination

cleanup sites at outdoor electrical substations that involved 1 lb or more PCBs by weight (270 gallons or more of untested mineral oil). 1 hour 212 sites Revised estimate assumes that the > 1
- lb spills at electrical substations are a large subset but not all of all the spills that must be reported to the National Response Center ; 95 percent of the average annual 2 23 spills reported for 2009 (U.S. Coast Guard, 20 09 ). The capital costs for placing the sign is assumed to be $50 per site ( e.g. , for posts, labels, etc.), for a total of $1 0 ,6 00.**TABLE 6 -**  **3, continued THIRD**  **- PARTY REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 94 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time E**  **stimate Total #**  **Respondents Per Year**  **Comments Subpart J** 

**— General Records and Reports**  68a §761.180(g) Provide records of PCB equipment reclassification, if requested, by recipients of equipment. 0.5 hours 336 units Estimate assumes it takes 5 minutes for a manager to approve and deleg ate each request for records and 25 minutes for a clerk to copy and send a paper or electronic version of each complete record (ERG, 2000). EPA estimates that 58,457 PCB Transformers remain at the end of 2006 (U.S. EPA 2004b; U.S. EPA 2010 a). Assuming that 1.15% will be retrofilled and reclassified (U.S. EPA 2004b,) the Agency estimates approximately 672 units of reclassified equipment during this ICR period. Of this amount, 50 percent will be retained by owners (336), and 50 percent will b e transferred to other entities ( e.g. , sold, loaned, leased, sent for servicing).**TABLE 6 -**  **3, continued THIRD**  **- PARTY REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 95 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time E**  **stimate Total #**  **Respondents Per Year**  **Comments Subpart K** 

**— PC**  **B Waste Disposal Records and Reports** 69 §§761.207(a) and 208(a)(2) and (3) Prepare manifests and provide generator
initiated manifests of PCB waste to each transporter or designated commercial storage or disposal facility. 0.083 (5 minutes) average 61,074 items According to a compilation of the PCB Annual Reports, from 1998 to 200 8 , an annual average of 61,074 items (PCB c apacitors, article c ontainers, transformers, and PCB c ontainers) were transferred to another facility ( e.g. , a storer or disposer) (U.S. EPA, 200 8 ). Each item or container of items or waste transported from a generator either to a storer or disposer requires information included on a mani fest. To compile the original information for the first manifest that accompanies a piece of equipment or container would take about 10 minutes per item (0.167 hours). It would take less time per item for storers to include information on a manifest (to send to a disposer) because the information is already available. Thus it will be assumed that the time to include information on a manifest per item would average 5 minutes per item (0.083 hours). Refer to numbers 101 and 102.**TABLE 6 -**  **3, continued THIRD**  **- PARTY REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 96 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time E**  **stimate Total #**  **Respondents Per Year**  **Comments** 70 §§761.208(c)(1)(i v) and (c)(2)(iv) Storer or disposer sends a copy of the

manifest or shipping paper to the generator. 0.167 hours (10 minutes) 3, 054 reports The manifest information is already prepared at this point with a number of items contained on the manifest or shipping paper. A shipment can contain from 1 item (such as a large 20
- ft x 20
- ft transformer) to about 40 drums that contain PCB articles or bulk waste (Orton, 2003), with each i tem or drum requiring a unique recordkeeping number. It will be assumed for this report that the average number of items on a manifest is 20, so that of the 61,074 It ems transferred, only 3, 054 manifests or shipping papers need to be returned. Refer to # 101 and 102.**TABLE 6 -**  **3, continued THIRD**  **- PARTY REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 97 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time E**  **stimate Total #**  **Respondents Per Year**  **Comments** 71 §§761.218(a) and (b) Send c ertificates of disposal to gener ators of

PCB waste when disposal of each item is complete for a manifested PCB waste shipment. 0.25 hour (15 minutes) average 4, 022

certificates Based on the PCB Annual Report, the

average annual total number of capacitors, Article containers, trans formers, and PCB containers disposed of from 1996 to 200 8 is 80,437 (U.S. EPA, 200 8 ). Assuming that information regarding 20 items is included on one c ertificate of disposal, then there are a total of 4, 022 certificates. This number is similar to the tot al reports in Item # 70, but assumes that the information on the c ertificates is not necessarily the same as the items sent to the disposers by storers (i.e., some shipments could have included items from various generators, thus, this information could no t be sent on the same c ertificate, although it is based on the information from the manifest or shipping paper). Even when a facility must input data for each i tem, most of the required information is readily available for a majority of cases. Also refer to # 101 and 102.

### - 98
- **TABLE 6 -**  **4 RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e): ICR**  **1446.09 , SECTION 6(a)**  **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time Estimate**  **Total # Respondents**  **Per Year Comments**  **40 CFR 761 Subpart A** 

**— General**  72 §§ 761.1(f) Comply with recordkeeping requirements of Subpart J [§§761.185(c)(2) and (d), and .193] as a condition of the exclusion from the PCB bans, for persons who inadvertently manufacture or import PCBs generated as unintentional impurities in excluded manufacturing processes or generate PCBs in excluded manufacturing process or products with recycled PCBs. — — Burden is reported at §§761.185(c)(2) and (d), and .193(a). See # 100.

**Subpart B**

**— Manufacturing, Processing, Distribution in Commerce, and**  **Use of PCBs and PCB Items** 73 §§761.20(e)(4)(i) and (ii); .30(i)(5) (ii); and .60(b)(5) (iv)(B) Marketer who first claims used oil does not

contain detectable PCBs must retain records supporting the claim and a copy of each certification notice receive d or prepared relating to transactions involving PCB
containing used oil. Burners must include among the records a copy of each certification notice that has been provided to a marketer of PCB
- containing used oil. 0.25 hours (15 minutes) — No significa nt burden anticipated.**TABLE 6 -**  **4, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 99 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time Estimate**  **Total # Respondents**  **Per Year Comments**  74a, b §§761.30(a)(1) (xii) and (xiv) Maintain records of inspection and

maintenance history for at least 3 years after the disposal of a PCB t

ransformer, including records of registration, as per §761.30(a)(1)(vi)(C). 0.05 hour (3 minutes) to track inspection data; 0.033 (2 minutes) to file and maintain data 58,457 PCB

transformers 50 percent (29,229) are inspected annually and 50 percent are inspected quarterly Revised estimate represents the approximately

58,457 PCB t

ransformers estimated to be in existence during the clearance period of this ICR (U.S. EPA, 2004, U.S. EPA, 2005b). Time estimate remains the same and reflects the average time for a technician to track the data (3 minutes) and for a clerk to file and maintain th e data (2 minutes). This report does not account for actual inspection time. The calculations for this estimate account for the differences in burden between annual and quarterly inspections. It is assumed that the time to maintain records for the dispo sed transformers is insignificant. 74c, d §§761.30(a)(1) (xii) and (xiv) Maintain records of inspection and

maintenance history for at least 3 years after the disposal of a PCB t

ransformer, including records of registration, as per §761.30(a)(1)(vi)(C). Accounts for the reduced number of t

ransformers that will be subject to this requirement based on the implementation of the Reclassification Rule, §§761.30(a)(2)(v) and (vi). 0.05 hour (3 minutes) to track inspection data; 0.033 (2 minutes) to file and maintain data - 672 PCB

transformers; 50 percent (
- 336) are inspected annually and 50 percent are inspected quarterly An estimated 672 PCB transformers will be

reclassified each year during this reporting period (see #41a). The Reclassification Rule ( see #75a and b), reduces the total number of transformers subject to the inspection recordkeeping requirement. Using the same calculation method as indicated above for #74 a and b, this requirement shows the estimated savings for the reduced number of transformers that will be subject to this requirement.**TABLE 6 -**  **4, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 100 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time Estimate**  **Total # Respondents**  **Per Year Comments**  75 §§761.30(a)(2)(v) (C) and (D); 761.30(h)(2)(vi) (C) and (D); and 761.180(a) Maintain records at the facility where

electrical transformers, voltage regulators, electromagnets, and switches have been reclassified to a lower PCB concentration. 0.25 (15 minutes) 672

transformers Refer to #41a for an explanation of the number

of transformers reclassified each year. It is assumed that the burden associated with reclassified equipment other than transformers will be insignificant. It was also assumed that it will take 15 minutes to maintain the records on pre - and post reclassification concentration of the transformer (EPA, 2000). 76 §§761.30(i)(1) (iii)(B) and (C) Keep records on certain natural gas pipeline

systems with ≥50 ppm PCBs and records of actions taken to reduce PCB contamination for 3 years after PCBs reduced to <50 ppm. 4 hours 100 systems Itis not anticipated that new records will need to be developed; historical data can be u sed.
77 §761.35(a)(2) Keep records of equipment stored for reuse. 0.15 hour 170,303 pieces of equipment Total pieces of equipment that require

recordkeeping is based on information reported in the cost analysis for the Final Rule, which was reviewed to generate the Draft Analysis of the Cost Impacts of the Potential Amendments to the PCB Regulations at 40 CFR Part 761 (U.S. EPA, 2003). Itwas reported in the cost analysis that equipment owners will store 182,700 PCB articles for <5 years in areas th at do not comply with §761.35(b) and 6,525 PCB articles for >5 years, with compliance with recordkeeping and reporting requirements, for a total of 189,225 pieces of equipment for this requirement. However, based on recent experience the number o f pieces o f equipment is approximately 10% less, or about 170,303
.**TABLE 6 -**  **4, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 101 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time Estimate**  **Total # Respondents**  **Per Year Comments**  **Subpart C**

**— Marking of PCBs and PCB Items**  78 §761.40(c)(2)(ii) and (k) Keep records of the protected location of

PCB large capacitors where owner chooses not to mark individually (optional). 0.1 hour (6 minutes) 100,000

pieces of equipment Based on analysis contained in the Draft

Analysis of the Cost Impacts of the Potential Amendments to the PCB Regulations at 40 CFR Part 761 (U.S. EPA, 2003). **Subpart D**

**— Storage and Disposal**  79 §761 .60(j)(1)(ix) Keep records of R&D for disposal activities. 12 hours 48 facilities Number of facilities based on data contained in the Notification of PCB Activity Quarterly Reports (U.S. EPA, 20 10 a). 80 §§761.61(a)(3)(i) (E); and (a)(6) Retain rec ords of the sampling plans, sample

collection procedures, sample preparation procedures, extraction procedures, and instrumental/chemical analysis procedures used to assess or characterize the PCB contamination at the cleanup site, and certification that t

hese records are on file at the location designated in the certificate. Keep records of comparison studies for any alternate method used that meet or exceed the requirements of §761.326. Keep records of sampling and sample analysis to verify cleanup and on - site disposal of bulk PCB remediation wastes and porous surfaces, as per Subpart O, §761.295. 1 hour 100 sites Also see §761.295.**TABLE 6 -**  **4, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 102 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time Estimate**  **Total # Respondents**  **Per Year Comments**  81 §761.61(a)(3)(iii) Retain original waivers from the self
implementing remediation requirements received from th e 

### EPA Regional Administrator , s tate, and local agencies. 0.167 hour (10 minutes) 100 sites This estimate remained the same.

82 §761.61(a)(9) Keep records in accordance with §761.125 (c)(5) for (a)(3), (a)(4), and (a)(5) of this part. 20 hours 100 sites This estimate remained the same.
83 §761.62(b)(5) Maintain a written record of all sampling and analysis of PCBs or notifications made under this part and make available upon request. 4 hours 26 sites Estimate is 15 percent of 170 total numbe r of affected sites. 84 §§761.65(a)(2)(ii) and (a)(3) Keep a written record of attempts to secure

disposal capacity. Records may be required for periods of extended storage. 4 hours 76 waste storers Number of waste storers is 1 percent of the tota l

number of waste generators and storers ( 7,648 ) listed in the Notification of PCB Activity Quarterly Reports (U.S. EPA, 20 10 a). 85a, b §761.65(c)(1)(iv) Prepare/modify Spill Prevention, Control and Countermeasure (SPCC) Plans to address liquid PCBs > 500 ppm, to be able to tem porarily store PCB Containers containing liquid PCBs at ≥50 ppm in areas that do not comply with the storage requirements of §761.65. 60 hours/new plan; 2 hours/ adapted plan 5 new

respondents; 10 adapt existing plans Itis estimated that only 5 waste g eneration

facilities will be required to prepare plans from scratch and 10 facilities will adapt existing plans.

86 §761.65(c)(7)(ii) Prepare SPCC Plan, when using stationary storage containers, as per 29 CFR 1910.106, for liquid PCBs. 60 hours 5 fac ilities Itis not foreseen that many facilities will enter into the PCB storage business each year.**TABLE 6 -**  **4, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 103 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time Estimate**  **Total # Respondents**  **Per Year Comments**  87 §761.65(c)(8) Keep records of the quantity and the date of each batch added to the stationary storage container. 0.083 hours (5 minutes) 30,000

batches Number of batches remained the same.
88 §§761.65(c)(10) and 761.180 Establish and maintain records as per

§761.180 for storing for disposal PCBs and PCB Items ≥50 ppm. 843 hours 66 commercial storers The total number of storers was obtained from

EPA’s list of Commercial Storage Approvals (U.S. EPA, 20 10 b ). Note: See #99 for generator burden, including generators with storage units. 89 §§761.70(a)(3), (4) and (7); (c); and 761.180(c) Maintain for incinerators records of

quantities, feed rates, temperatures, combustion products, and operations, and special records, as per §761.180(c). 843 hours 5 incinerators From the EPA’s list of Commercially Permitted

PCB Disposal Companies (U.S. EPA, 20 10 c ).
90 §§761.71(a)(1)(vi) and (vii), (a) (4), (b)(1)(vi
- vii), (b)(5);761.180(e) Record and retain monthly HEB operation

data. 12 hours 20 HEBs Note that 5 of these HEBs (from EPA Region VI) are used intermittently, so that total hourly burden may actually be less than indicated in this report . Also, total number of HEBs is based on EPA estimate of 2 per region. 91 §§761.72(a)(9) and (b)(6) Record and retain records of temperature

readings from scrap metal recovery ovens. 3 hours 8 ovens From EPA’s list of Commercially Permitted Scrap Metal Recovery Ovens (U.S. EPA, 20 10d). 92 §§761.75(b)(6)(iii ) and (b)(8)(iv); 761.180(d) Maintain records for all PCB disposal

operations at chemical waste landfills, including PCB concentration in liquid wastes, the three
- dimensional burial coordinat es for PCBs and PCB i tems, water sampling and analysis, and additional records as required in §761.180. 843 hours 10 landfills From EPA’s list of Commercially Permitted Disposal Companies (U.S. EPA, 20 10 c ).**TABLE 6 -**  **4, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 104 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time Estimate**  **Total # Respondents**  **Per Year Comments**  93 §761.79(d)(4) and Subpart T Retain test/validation results of PODFs and

VADFs. 0.5 hour 5 facilities Estimate is 5 percent of the 100 decontamination sites. 94 §§761.79(f)(1) and (2) Keep records of confirmatory sampling and

sampling locations/results for decontamination activities and compliance with self
- im plementing decontamination procedures. 2 hours 100 sites No change.

**Subpart E**

**— Exemptions**  95 §761.80(e)(5) and (i)(7) Keep records of activities associated with

manufacture/processing/distribution in commerce of PCBs or PCB reference samples derived from waste materials for R&D. 12 hours 39 facilities Number of facilities based on the Notification of PCB Activity Quarterly Reports (U.S. EPA, 20 10 a).
96 §761.80(g)(1) Keep records of PCB processing and distributio n in commerce activities, for facilities that process and distribute small quantities of PCBs for R&D. 12 hours 15 facilities Total number of facilities remained unchanged based on an Agency review of existing petitions. **Subpart G**

**— PC**  **B Spill Cleanup P olicy**  97 §§761.125(b)(3) and (c)(5); .61(a)(9) Maintain records of cleanup and certification

of decontamination. 8 hours 2 23 sets of records Based on the annual number of spills reported to

the National Response Center in 2009 (U.S. Coast Guard, 20 0 9 ).**TABLE 6 -**  **4, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 105 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time Estimate**  **Total # Respondents**  **Per Year Comments**  98 §761.125(c)(1) Maintain records documenting delay in spill cleanup activities and areas of visible contamination. 0.5 hours 1 1 sites Itis anticipated that 5 percent of the total number of spills, as reported above, would face delays in cle anup.

**Subpart J**

**— General Records and Reports**  99 §§761.180(a),(a) (4), (b) and (f); 761.65(c)(5) Maintain annual records and document log

for PCBs and PCB items for 5 years after facility ceases, including manifests, CDs, records of inspection s and cleanups, facility and item ID information, number of Items, phone records, and Item transfer information, for owners/operators of storage and disposal facilities. Collect and maintain documents, correspondence, and data pertaining to storage/dispos al of PCBs that have been provided to as well as received from any s tate/local agency and any application/ correspondence submitted to permitting authorities. 52 hours 7,5 34 waste handlers The time to keep the annual log varies widely,

based on the leve l of PCB activity taking place and the volume of PCBs and PCB i tems handled. To keep the annual log takes from 1 hour to over 40 hours each week. Total number of facilities is the total number of PCB waste handlers (7,648) minus the total number of comme rcial storers and disposers (1 14 facilities). (U.S. EPA, 2004a, 2005a, 20 10c , and 2006).**TABLE 6 -**  **4, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)** 



### -- 106 **Ref. #**  **Regulatory Section(s)**  **Collection Requirement Time Estimate**  **Total # Respondents**  **Per Year Comments**  100 §§761.185(c)(2), (d) and .193(a) and (b) Maintain theoretical analysis or monitoring

records by persons who import, manufacture, process, distribute in commerce, or use products containing inadvertently generated or recycled PCBs, pursuant to §761.1(f)(1) to (3). Maintain letter certifying compliance with §761.1(f), for excluded manufacturing processes. 5 hours to file records; 5 hours to maintain previous reports 35

respondents Number of respondents remained the same based

on recent Agency records.

**Subpart K**

**— PC**  **B Waste Disposal Records and Reports** 101 §§761.208 and .209 File and maintain manifests initiated or

received by the PCB generator and any subsequent PCB waste handler. 0.167 hour (10 minutes) 3, 054

manifests Total number of manifests is an average of 20

items per manifest for a total of 61,074 items and 3, 054 manifests . Refer to numbers 69 and 70. 102 §761.218(c) Maintain a copy of each c ertificate of disposal received from disposers, for generators and commercial storers of PCB waste. 0.167 hour (10 minutes) 3, 054

certificates Estimates are based on the estimates used for a

similar requirement, # 101, above. Refer to numbers 69 and 70. **Subpart T**

**— Comparison Study for Validating a New Performance**  **- Based Decontamination Solvent under §761.79(d)(4)**  103 §761.398(c) Record testing parameters and experimental conditions in SOP. Results of validation study are to be affixed in an appendix. 16 hours 5 facilities 

### No change.

### -- 107 **TABLE 6 -**  **5 ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE -**  **REPORTING**

**Ref # Regulatory Citation**  **Inform ation Collection Activity**  **Hours and Costs Per Respondent Total Hours and Costs**  **Mgr. @ Tec**  **h. @ Cler. @**  **Hours/ Labor**  **Total Total**  **Total $**  **61.42 $**  **50.50 $24.**  **98 Respond./**  **Cost/Res. # of**  **Hours/ Cost/**  **/Hour /Hour**  **/Hour Year**  **[a] /Year**  **[b] Resp**  **Year [c]**  **Year [d, e]**  **Subpart B** 3 761.30(a)(1)(vi),(vii), (xv)(D) Register newly disco vered PCB Transformers 1
- - 1 $ 61 318 318 $7, 443 [e] 5 761.30(i)(1)(iii)(A)(1) ,(C) Submit descriptions of gas pipeline systems and make documents available to EPA 1 1 2 4 $ 162 50 200 $ 3,084 [e] 7 761.35(b) Obtain approval for PCB Article storage in a fa cility that does not meet 761.65(b) 0.166 0.166 $8 255 37 $ 719 e] **Subpart D**
8 761.60(e), (i)(2); .70(a), (b),(d)(2); .75(b)(7),(b) (8)(ii),(c) Submit disposal permit applications
- 825 75 900 $ 43,534 40 36,000 $ 663,544 [e] 9 761.6 0(j)(1)(i) Obtain identification number for R&D disposal
- 1.5
- 1.5 $ 76 5 8 $ 144 [e] 10 761.60(j)(1)(ii) Notify officials of R&D activities
- 4 2 6 $ 252 10 60 $2, 519 12 761.61(a)(3)(i),(ii) Notify officials of self
- im p. remediation 30 50 20 100 $4, 86 7 58 5,800 $ 282,292 13 761.61(a)(3)(ii) Notify EPA of self
- imp. remed. changes
- 2
- 2 $ 101 13 26 $1 313 14 761.61(a)(3)(iii) Request waiver of notification requirement 2 16 2 20 $ 981 17 340 $ 16,673 15 761.61(a)(8)(i)(B) Certify recording of deed notation
- 4
- 4 $ 202 28 112 $5, 656 16 761.61(c)(1) Apply for risk
- based disposal approval for remediation waste
- 1,480 120 1,600 $ 77,734 17 27,200 $ 503,548 [e] 17 761.62(c)91) Apply for risk
- based disposal or storage approval for bulk PCB product waste - 1,480 120 1,600 $ 77,734 20 32,000 $ 592,410 [e] 18 761.65(a)(2),(3),(4) Notify of attempts to secure disposal
- 2 1 3 $ 126 5 15 $ 630 21 761.65(c)(6)(i)(C) Demonstrate that storage containers for PCB/rad waste are protective of health/env
- 32 8 40 $1, 81 6 5 200 $3, 459 e] 22 761.65(d),(e)(1),(e)(6
- 8),(f) Prepare storage approval application
- 240
- 240 $ 12,119 25 6,000 $ 115,452 [e] 23 761.65(e)(4) Submit RA request to modify storage 1.5
- 0.5 2 $ 105 10 20 $ 1,046 24 761.65(g)(9) Notify EPA of changes to storage facilities
- 1.5 0.5 2 $8 8 7 14 $ 618 25 761.65(j) Demonstrate financial assurance for closure 20 80 20 120 $5, 768 12 1,440 $ 26,374 [e] 27 761.70(d)(8);.75(c)(7) Notify EPA of changes in facility ownership 7
- 1 8 $ 455 5 40 $2, 275

### -- 108 **TABLE 6 -**  **5 ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE -**  **REPORTING**

**Ref # Regulatory Citation**  **Inform ation Collection Activity**  **Hours and Costs Per Respondent Total Hours and Costs**  **Mgr. @ Tec**  **h. @ Cler. @**  **Hours/ Labor**  **Total Total**  **Total $**  **61.42 $**  **50.50 $24.**  **98 Respond./**  **Cost/Res. # of**  **Hours/ Cost/**  **/Hour /Hour**  **/Hour Year**  **[a] /Year**  **[b] Resp**  **Year [c]**  **Year [d, e]**  31 761.77(a)( 10(i),(a)(1)(ii) (A)(1),(C); (a)(2) Request coordinated approval 8 20 8 36 $1, 701 6 216 $3, 889 [e]
33 761.79(h) Prepare requests for decontamination approvals of alternative decontamination sampling methods
- 1,480 120 1,600 $ 77,734 20 32,000 $ 592,410 [e] **Subpart E** 34 761.80(e)(1); (i)(1) Qualify for R&D exemptions 32
- 8 40 $ 2,165 1 40 $ 2,165 35 761.80 (e)(2), and (i)(2) Submit requests for renewal of the class exemptions 1
- - 1 $ 61 1 1 $ 61 37 761.80(e)(4) Notify EPA of PCB m fg. before R&D activities 2 16 2 20 $ 981 1 20 $ 981 **Subpart G** 40 761.125(a)(1)(i) to (iii) Report certain spill of PCBs to EPA 0.167
- - 0.167 $ 10 100 17 $ 1,026 **Subpart J** 41 761.180(b), (b)(3),(c)(5) Prepare/sub mi t annual reports on storage/disposal 56
- 3 59 $3, 515 131 7,729 $ 460,402 41a 761.180(g) Provide EPA with info on reclassified equipment 0.25
- - 0.25 $1 5 45 11 $ 691 **Subpart K** 44 761.202(a), 205(a
- e) Notify EPA of PCB waste ac tivity 1
- 0.5 1.5 $ 74 100 150 $ 7,391 45 761.205(f) Report changes in waste handler notifications 1
- 0.5 1.5 $ 74 200 300 $ 14,782 46 761.208(a)(4); 215 (b
- d) Submit Exception and Discrepancy Reports
- 1.5 0.5 2 $8 8 325 650 $ 28,677 48 761.211(b) Notify EPA of unmanifested waste
- 0.5
- 0.5 $2 5 17 9 $ 492 49 761.211(c) Submit unmanifested Waste Reports
- 1.5 0.5 2 $8 8 57 114 $ 5,029 **Subpart T** 50 761.395, .398 Submit results of validation study analysis 1 14 1 16 $ 793 5 80 $3, 96 7

**TOTALS 15**  **1,166 $**  **3,3 51,099**  Notes: [a] Sum of staff hours; [b] Sum of staff hours x labor rates; [c] Hours/respondent/year x total number of respondents; [d] Labor costs/respondent x total number of respondents. Totals may not add due to rounding; [e] Total costs are annualized using a discount rate of 7% over a 3
- year period for the one
- time requirements of numbers 3
- 9, 16, 17, 21, 22, 25, 31, and 33

.

### -- 109 **TABLE 6 -**  **6 ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE -**  **THIRD -**  **PARTY REPORTING Hours and Costs Per Respondent**  **Total Hours and Costs Mgr. @**  **Tech. @ Cler. @**  **Hours/ Labor**  **Total Total**  **Total $**  **61.42 $**  **50.50 $**  **24.98 Respond./**  **Cost/ Capital**  **# of Hours/**  **Cost/ Ref #**  **Regulatory Citation Inform**  **ation Collection Activity /Hour**  **/Hour /Hour**  **Year [a]**  **Year [b]**  **Costs [c]**  **Respon. Year**  **[d] Year**  **[e, f] Subpart B**  52 761.30(a)(1)(xi),(xv) (A) (h)(1)((ii)(B) Report PCB Transformer and Voltage

regulator fires to the National Response Center
- 0.167
- 0.167 $8
- 22 4 $ 186 **Subpart D** 56 761.60(b)(5)(i)(A)(1) Include gas pipes in notification programs
- 0.25
- 0.25 $ 13
- 50 13 $ 631 57 761.60(f)(1)(i) Notify state/local govts of PCB disposal
- 0.333 0.167 0.5 $ 21
- 600 300 $ 12,592 60 76 1.60(j)(1)(vii) Manifest R&D PCB waste - 1
- 1 $ 50
- 48 48 $ 2,424 62 761.61(a)(5)(i)(B)(2) (iv) Notify offsite non
- TSCA facility of

pending shipment of remediation/waste
- 2
- 2 $ 101
- 100 200 $ 10,099 63 761.61(a)(8)(i)(A) Certify deed notation rec ording
- 3
- 3 $1 51
- 100 300 $ 15,149 65 761.65(c)(1),(8) Attach date notation on PCB Items and Containers
- 0.083
- 0.083 $4
- 93,120 7,729 $ 390,291 **Subpart G** 67 761.125(a)1) Report certain spills of PCBs to the National Resp onse Center 0.167
- - 0.167 $ 10
- 223 37 $2, 287 68 761.125(c)(2)(ii) Place notice of PCB contamination at cleanup site
- 1
- 1 $ 50 $50 2 1 2 2 1 2 $ 8,118 ] **Subpart J** 68a 761.180(g) Provide records of reclassification, if requested, to recipients of reclassified equipment 0.083
- 0.417 0.5 $1 6
- 336 168 $ 5,213 **Subpart K** 69 761.207(a); .208(a)(2),(3) Prepare manifests of each PCB waste for

PCB waste transporters, storers, and disposers 0.083
- - 0.083 $5
- 61,074 5,069 $ 311,352 70 761.208(c)1)(iv), (c)(2)(iv) Storer/disposer sends manifest to

generator 0.167
- - 0.167 $ 10
- 3, 054 510 $ 31,326 71 761.218(a),(b) Send Certificates of Disposal to generators - 0.25
- 0.25 $1 3
- 4, 022 1, 006 $ 50,775 **TOTA LS**  **$50 15,595**  **$ 840,444**  Notes: [a] Sum of staff hours; [b] Sum of staff hours x labor rates; [c] Capital cost calculated per respondent [d] Hours/respondent/year x total number of respondents; [e] Labor/respondent x total number of respondent s. Totals may not add due to rounding. [f] Total costs are annualized using a discount rate of 7% over a 3
- year period for the one
- time requirements of number 68.

### -- 110 **TABLE 6 -**  **7ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE -**  **RECORDKEEPING Hours**  **and Cost Per Respondent Total Hours and Costs**  **Mgr @ Tech. @**  **Cler @ Hours/**  **Labor Total**  **Total Total**  **$ 61.42**  **$ 50.50**  **$24. 98**  **Respon./ Cost/**  **# of Hours/**  **Cost/ Ref #**  **Reg. Citation Inform**  **ation Collection Activity Hour**  **Hour Hour**  **Year [a]**  **Year [b]**  **Res pon.**  **Year [c]**  **Year [d, e]**  **Subpart B** 74a 761.30(a)(1)(xii) Maintain PCB Transformer inspection data (annual)
- 0.05 0.033 0.083 $3 29,229 2,426 $ 97,894 74b 761.30(a)(1)(xii) Maintain PCB Transformer inspect. data (quart.)
- 0.2 0.133 0.333 $13 29,229 9,733 $ 392,307 74c 761.30(a)(1)(xii) Maintain PCB Transformer inspection data (annual)
- 0.05 0.033 0.083 $3
- 336
- 28
- $1, 125 74d 761.30(a)(1)(xii) Maintain PCB Transformer inspect. data (quart.)
- 0.2 0.133 0.333 $13
- 336
- 112
- $4, 510 75 761.30(a)(2)(v); 761.180(a) Maintain records of retrofilled equipment
- 0.167 0.083 0.25 $ 11 672 168 $ 7,060 76 761.30(i)(1)(iii)(B), (C) Keep records of gas pipeline system data 1 2 1 4 $ 187 100 400 $ 18,740 77 761.35(a)(2) Keep records of equipment stored for reuse
- 0.15
- 0.15 8 170,303 25,545 $ 1,289,974 78 761.40(c)(2)(ii), (k) Keep large capacitor records (optional)
- 0.1
- 0.1 $5 100,000 10,000 $ 504,972 **Subpart D** 79 761.60(j)(1)(ix) Keep R&D for disposal records
- 12
- 12 $ 606 48 576 $ 29,086 80 761.61(a)(3)(i)(E); (a)(6); .295 Retain remediation sampling/analysis records
- 1
- 1 $ 50 100 100 $ 5,050 81 761.61(a)(3)(iii) Retain waivers from self
- impl. remed. projects
- 0.167
- 0.167 $8 100 17 $ 321 [e] 82 761.61 (a)(9) Keep records acc or d ing to Spill Cleanup Policy 4 12 4 20 $ 952 100 2,000 $ 95,157 83 761.62(b)(5) Maintain sampling/analysis records for bulk product wastes 1 3
- 4 $ 213 26 104 $ 2, 109 [e] 84 761.65(a)(2)(ii), (a)(3) Keep records of attempts to secur e disposal
- 4
- 4 $ 202 76 304 $ 15,351 85a 761.65(c)(1)(iv) Prepare SPCC plans 5 45 10 60 $2, 829 5 300 $5, 391 [e] 85b 761.65(c)(1)(iv) Modify SPCC plans for liquid PCBs > 500 ppm 0.5 1 0.5 2 $ 94 10 20 $ 937 86 761.65(c)(7)(ii) Prepare SPCC plans for fac ilities using storage containers 5 45 10 60 $2 ,829 5 300 $5, 391 [e] 87 761.65(c)(8) Keep records of the quantity/date of each batch added to a stationery storage container
- 0.083
- 0.083 $4 30,000 2,490 $ 125,738 88 761.65(c)(10) Establish and maintain annual log records as per .180 for PCB storage facilities 24
- 819 843 $21, 933 66 55,638 $1, 447,587

### -- 111 **TABLE 6 -**  **7ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE -**  **RECORDKEEPING Hours**  **and Cost Per Respondent Total Hours and Costs**  **Mgr @ Tech. @**  **Cler @ Hours/**  **Labor Total**  **Total Total**  **$ 61.42**  **$ 50.50**  **$24. 98**  **Respon./ Cost/**  **# of Hours/**  **Cost/ Ref #**  **Reg. Citation Inform**  **ation Collection Activity Hour**  **Hour Hour**  **Year [a]**  **Year [b]**  **Res pon.**  **Year [c]**  **Year [d, e]**  89 761.70(a)(3),(4),(7); (c); .180 Maintain incinerator records 48 260 535 843 $ 29,442 5 4,215 $ 147,210
90 761.71(a)(a)(vi), (vii); (b)(1)(vi), (vii), (b)(5); .180(e) Retain monthly HEB operating data

- 12
- 12 $ 606 20 240 $ 12,119 91 761.72(a)(9), (b)(6) Retain scrap metal recovery oven records
- 3
- 3 $151 8 24 $1, 212 92 761.75(b)(6)(iii), (b)(8)(iv); .180(d) Maintain chemical wa ste landfill records 24
- 819 843 $21, 933 10 8,430 $ 219,331 93 761.79(d)(4) Retain PODF/VADF validation results
- 0.5
- 0.5 $2 5 5 3 $4 8 [e] 94 761.79(f)(1), (2) Keep decontamination sampling records
- 2
- 2 $ 101 100 200 $3, 848 [e] **Subpart E** 95 7 61.80(e)(5), (i)(7) Keep records of PCB mfg/ proc/dist. in com. R&D activities
- 12
- 12 $ 606 39 468 $ 23,633 96 761.80(g)(1) Keep records of PCB proc/dist. in com. of small quantities of PCBs for R&D activities
- 12
- 12 $ 606 15 180 $ 9,089 **Subpa rt G**  97 761.125(b)(3), (c)(5) Maintain records of cleanup and certification of decontamination 1 5 2 8 $343 223 1,784 $ 81,143 98 761.125(c)(1) Maintain records documenting delay in cleanup
- - 0.5 0.5 $12 11 6 $1 3 7 **Subpart J** 99 761.180(a), (a)(4), (f); .65(c)(5) Maintain annual records and log for PCBs and PCB Items 12
- 40 52 $1, 736 7, 5 34 391,768 $ 13,081,073 100a 761..185(c)(2) and .193(a), (b) Maintain monitoring data of inadvertent PCBs .5 4.5
- 5 $ 252 25 1 2 5 $ 6 , 449 100b 761..185(c)(2) and .193(a), (b) Maintain previous records of monitoring data of inadvertent PCBs
- - 5 5 $ 125 10 50 $ 1,249 101 761.208(a), (b), (c); .209(a
- d) File and maintain manifests
- - 0.167 0.167 $4 3, 054 510 $ 12,741 102 7 61.218(c) Maintain Certificates of Disposal
- - 0.167 0.167 $4 3, 054 510 $ 12,741 **Subpart T** 103 761.398(c) Record test parameters and SOP conditions for decontamination validation studies
- 16
- 16 $ 808 5 80 $1, 539 [e]
**TOTALS 518,**  **574** 

### $17,650,
Notes: [a] Sum of staff hours; [b] Sum of staff hours x labor rates; [c] Hours/respondent/year x total number of respondents; [d] Labor/respondent x total

### -- 112 number of respondents. Totals may not add due to rounding; [e] Total c osts are annualized using a discount rate of 7% over a 3
- year period for the one
- time requirements of numbers 81, 83, 85 a , 86, 93, 94 and 103.

### -- 113 **6(c) Estimating Agency Burden and Cost**  The estimated Agency

burden associated with this Consolidated I CR is sho wn on Table 6
- 8 with comments indicated on the table. The detailed costs associated with the Agency burden are shown in Table 6
- 9. The hourl y rates for EPA staff were based on a composite management level at GS
- 15/5 ($ 54.10 ); technical support at GS
- 12/5 ($ 32.73 ), and clerical support at GS
- 7/5 ($ 1 8.45 ), using the 200 10 General Schedule Salary Table, effective January

20 10 (U.S. OPM, 20 10 ). (Note that Tables 6
- 8 and 6
- 9 appear at the end of section 6(e)). **6(d) Estimating the Respondent Universe and Tota**  **l Burden and Costs** Refer to Tables 6
- 2 through 6
- 7 for this information. **6(e) Bottom Line Burden and Costs**  (i) Respondent Tall y As indicated on Table 6
- 5, the total respondent reporting burden is 15 1,166 hours and $ 3, 3 51,099 . As indicated on Table 6
- 6, the total respondent third
- party reporting burden is 15,595 hours and $ 8 40,444 . As indicated on Table 6
- 7, the total respondent recordkeeping burden is 518, 574 hours and $ 17, 65 0 , 993 . Table 6
- 10 summarizes the respondent burdens and costs for each appl icable subpart of 40 CFR 761. As shown on the table, the total paperwork burden for this Consolidated I CR is 685,33 5 hours and $ 21, 84 2,536
.

(ii) Agency

Tally As indicated on Table 6
- 9, the Agency annual burden is **56,526** 

### hours and **$1,823,655** 

### . (iii) Variations in the Annual Bottom Line This section does not apply . There are no anticipated significant variations in the annual respondent reporting or recordkeeping burden or cost over the course of the requested clearance period for either industry or th e federal government
.

### -- 114 **TABLE 6 -**  **8 ANNUAL AGENCY HOURLY BURDEN FOR THE CONSOLIDATED ICR SUPPORTING STATEMENT COVERING THE PC**  **B REGULATIONS AT 40 CFR 761 Collection Activities**  **Burden Hrs/Year**  **Respondents/**

**Year Comments**  Review/analyze data submissions (i.e., new exemptions and renewal data); develop rulemakings in response to the petitions for exemption; publish rulemakings in the Federal Register ; index and file the data in the public docket. 203 hours 5 renewal petitions: 2 new petitions Federal Register publication costs add approximately

$1,500 to the annual cost of this collection activity.
Review preliminary PCB Transformer inspection reports; input data; index/file data. 20 hours 500 inspections The total time to conduct inspections equals 4 day s. Review exclusion submissions; record/enter submissions; analyze requests for confidentiality and provide appropriate protection; store data. 6 hours 0 submissions

— Review technology
-based disposal applications; attend demonstrations (EPA enginee rs and contractor analytical chemists); develop (i.e., grant/deny) approval; maintain files. 641 hours 15 submissions Costs vary depending on number and type of applications received. Number of §761.60 approvals has remained fairly constant over the la st several years and is expected to remain so. Review facility records, including annual reports. 2 hours per review 1,100

inspections Based on Compliance Monitoring Plan, maximum

number of inspections for all 10 Regions combined is 1,100/year. Review applications for commercial storage approval, with contractual support. 72
- 125 hours/ application ; 98.5 hours, average, rounded to 100 3.3

applications/ year average, rounded to 3 Review time varies based on the number of deficiencies

initially discovered and any supplemental information that is submitted to correct the deficiencies. EPA uses contractual support to review applications.

### -- 115 **TABLE 6 -**  **8 ANNUAL AGENCY HOURLY BURDEN FOR THE CONSOLIDATED ICR SUPPORTING STATEMENT COVERING THE PC**  **B REGULATIONS AT 40 CFR 761 Collection Activities**  **Burden Hrs/Year**  **Respondents/**

**Year Comments**  Process PCB notification forms; update Notification of PCB Activity Quarterly Reports ; respond to inquires reg arding these submissions; maintain hard
- copy files of these submissions; and provide contractor oversight. 520 hours

— These activities will be conducted at EPA Headquarters only. The hourly figures represent the time allocation to handle all respo ndents. Process PCB Transformer registrations. 520 hours

— These activities will be conducted at EPA Headquarters only. The hourly figures represent the time allocation to handle all respondents. Maintain PCB Transformer database 260 hours

— Respond to numerous requests for regulatory interpretations and inquiries regarding the PCB notification and Transformer Registration Programs. 1,850 hours — Maintain official files of all requests for approvals and EPA’s responses. 675 hours

— Se e comment above. Review requests for approval for PCB Articles stored for reuse >5 yrs. 2 hours/ submission 1 submission In 2008, the Storage for Reuse provision in Number 7, Table 6
- 5 will be up for renewal . Based the Agency’s historical experience, a total of 83 renewal requests, each one addressing about 75 pieces of equipment, will be submitted for 6,250 pieces of equipment total. Over 5 years, this is 17 applications per year. Review requests for risk
-based disposal and coordinated approvals and alt ernate decontamination or sampling methods; issue approvals or waivers; maintain files. 515 hours 55 submissions Costs vary depending on number and types of applications received. Respondents increased from 46 to 55. Burden hrs/year figure corrects erroneous figure (23,675) in previous ICR supporting statement.

### -- 116 **TABLE 6 -**  **8 ANNUAL AGENCY HOURLY BURDEN FOR THE CONSOLIDATED ICR SUPPORTING STATEMENT COVERING THE PC**  **B REGULATIONS AT 40 CFR 761 Collection Activities**  **Burden Hrs/Year**  **Respondents/**

**Year Comments**  Note: The total burden hours/year for the category “Review technology
-based disposal applications; attend demonstrations (EPA engineers and contractor analytical chemists); develop (i.e., grant/deny) approval; maintain files” was originally recorded as 660, but the sum of the components adds to 641 as shown in Table 6
- 9. **TABLE 6 -**  **9 ANNUAL AGENCY HOURLY BURDEN AND COST**

**Information Collection Activity Hours and Costs Per Respondent**  **Total Ho urs and Costs**  **GS**   ** 15/5 @** **$ 54.10**  **/ Hour**  **[a] GS**  **- 12/5** 

**@ $**  **32.73 /**  **Hour [a]**  **GS -**  **7/5**

**@ $**  **18.45 /**  **Hour [a]**  **Agency**

**Hours/ Year**  **[ b**  **] Labor** 

**Cost/ Year**  **[ c**  **] Cap.** 

**Costs [**  **d ]**  **Total**

**# of Resp.**  **Total**

**Hours/ Year**  **[ e**  **] Total** 

**Cost/ Year**  **[ f** 

**, g**  **] PC**  **B Manufacturing, Processing, and Di stribution in Commerce Exemptions**  Review/analyze new exemption petitions and renewal data 1 28
- 29 $ 97`
- 7 203 $6, 237 Develop rulemakings 3 160 8 171 $ 5,547
- 1 171 $5, 094 Index/file data
- - 2 2 $3 7
- 1 2 $3 4 FR publication 1 24 8 3 3 $9 8 7 $1,500 1 33 $2,407 **SUBTOTAL 409**  **$ 14,865**  **PC B Use in Electrical Equipment and Transformers**  Review preliminary inspection report
- 8
- 8 $ 262
- 500 4,000 $ 130,920 Review reformatted report
- 4
- 4 $ 131
- 500 2,000 $ 65,460 Review/input data
- 4
- 4 $ 131
- 50 0 2,000 $ 65,460 Index/file data
- - 4 4 $ 74
- 500 2,000 $ 36,900 **SUBTOTAL 10,000**  **$ 298,740**  **PC B Exclusions, Exemptions, and Use Authorizations**  Review exclusion request submissions
- 2
- 2 $ 65
- 0 0 $0 Record/enter submissions
- 1
- 1 $30
- 0 0 $ 0 Analyze requests for confidentiality and provide appropriate protection
- 1
- 1 $30
- 0 0 $ 0

### -- 117 **TABLE 6 -**  **9 ANNUAL AGENCY HOURLY BURDEN AND COST**

**Information Collection Activity Hours and Costs Per Respondent**  **Total Ho urs and Costs**  **GS**   ** 15/5 @** **$ 54.10**  **/ Hour**  **[a] GS**  **- 12/5** 

**@ $**  **32.73 /**  **Hour [a]**  **GS -**  **7/5**

**@ $**  **18.45 /**  **Hour [a]**  **Agency**

**Hours/ Year**  **[ b**  **] Labor** 

**Cost/ Year**  **[ c**  **] Cap.** 

**Costs [**  **d ]**  **Total**

**# of Resp.**  **Total**

**Hours/ Year**  **[ e**  **] Total** 

**Cost/ Year**  **[ f** 

**, g**  **] PC**  **B Manufacturing, Processing, and Di stribution in Commerce Exemptions**  Store data
- 2
- 2 $60
- 0 0 $ 0 **SUBTOTAL 0**  **$ 0**  **PC B Disposal Permitting Regulation**  Review applications
- 312
- 312 $ 10,212
- 15 4,680 $ 153,17 6 Attend demonstrations
- 156
- 156 $ 5,106
- 15 2,340 $ 76,588 Contractor support for demonstrations
- 140
- 140 $ 4,582
- 15 2,100 $ 68,733 Develop (grant/deny) approval 2 30
- 32 $1,090
- 15 480 $ 16,352 Maintain files
- 1
- 1 $3 3
- 15 15 $ 491 **SUBT OTAL**  **9,615 $**  **315,340 Notification and Manifesting for PCB Waste Activities**  Record and retain scrap metal recovery oven

- 2
- 2 $6 5
- 1,100 2,200 $ 72,006 Maintain chemical waste landfill records
- 100
- 100 $3, 273
- 3 300 $9, 819 **SUBTOTAL 2,**  **500 $**  **81.825 Final Regulations Amending the PCB Regulations at 40 CFR 761**  Process notification forms; update Notification of PCB Activity Quarterly Reports - 520
- 520 $ 17,020
- 1 520 $ 17,020 Process PCB Transformer registrations
- 520
- 520 $ 17,020
- 1 520 $ 17,020 Create PCB Transformer database
- 260
- 260 $ 8,510
- 1 260 $ 8,510 Respond to numerous requests fro regulatory interpretations and inquiries regarding the PCB notification and Transformer Registration - 1,850
- 1,850 $60,551
- 1 1 ,850 $60,551 Maintain official files of all requests for approvals and EPA’s responses

- 675
- 675 $22,093
- 1 675 $22,093

### -- 118 **TABLE 6 -**  **9 ANNUAL AGENCY HOURLY BURDEN AND COST**

**Information Collection Activity Hours and Costs Per Respondent**  **Total Ho urs and Costs**  **GS**   ** 15/5 @** **$ 54.10**  **/ Hour**  **[a] GS**  **- 12/5** 

**@ $**  **32.73 /**  **Hour [a]**  **GS -**  **7/5**

**@ $**  **18.45 /**  **Hour [a]**  **Agency**

**Hours/ Year**  **[ b**  **] Labor** 

**Cost/ Year**  **[ c**  **] Cap.** 

**Costs [**  **d ]**  **Total**

**# of Resp.**  **Total**

**Hours/ Year**  **[ e**  **] Total** 

**Cost/ Year**  **[ f** 

**, g**  **] PC**  **B Manufacturing, Processing, and Di stribution in Commerce Exemptions**  Review requests for approval for PCB Articles stored for reuse >5 years

- 2
- 2 $65
- 1 2 $65 Review requests for risk
-based di sposal and coordinated approvals and alternative decontamination or sampling methods; issue approvals, waivers or letters of approval; maintain files of requests for approval
- 515
- 515 $ 16,856
- 55 28,325 $ 927,077 Respond to requests for regulatory int erpretations
- 1,850
- 1,850 $ 60,551
- 1 1,850 $ 60,551 **SUBTOTAL 34,002**  **$ 1,112,885**  **TOTALS 56,526**  **$ 1,**  **823,655** Notes: [a] January 2010 data, U.S. OPM, 2010. [b] Sum of staff hours; [ c ] Sum of staff hours x labor rates; [ d ] EPA estimates; [ e ] Total number of respondents x Agency hours/year; [ f ] Labor x respondent x total number of respondents; [ g ] Totals may not add due to rounding.

### - 119
- **TABLE 6 -**  **10 SUMMARY OF RESPONDENT BURDENS AND COSTS BY SUBPART Subparts**  **Total # of**

**Respondents Total H**  **ours**

**Per Year Total Hours Per** 

**Respondent [a]**  **Total Cost**

**Per Year Total Cost** 

**Per Hour [b]**  **Reporting** Subpart B 5 93 555 0. 937 $ 11,246 $2 0 Subpart D 283 141,491 500 $2,814,252 $20 Subpart E 3 61 20 $3,207 $53 Subpart G 100 17 0.167 $1,026 $61 Subpart J 176 7,740 44 $461,093 $60 Subpart K 699 1,223 2 $56,309 $46 Subpart T 5 80 16 $3,967 $50 Subtotal Reporting 1,8 59 15 1,166 $3, 3 51,099 $22 **Third -**  **Party Reporting** Subpart B 22 4 0.167 $186 $50 Subpart D 94,018 8,589 0.091 $431,187 $50 Subpart G 435 249 0.573 $10,406 $ 42 Subpart J 336 168 0.500 $5,213 $31 Subpart K 68,150 6,585 0.097 $393,453 $60 Subtotal Third
Party Reporting 162,961 15,595 $ 840,444 $54 **Recordkeeping** Subpart B 328,861 48,133 0. 146 $2, 305,312 $48 Subpart D 30,6 8 4 74, 9 6 0 2.44 3 $2,11 5 ,8 87 $28 Subpart E 54 648 12 $32,722 $50 Subpart G 234 1,790 7.647 $81,280 $45 Subpart J 13, 677 39 2 , 963 2 9 $13, 11 4 , 252 $33 Subpart T 5 80 16 $1,539 $19 Subtotal Recordkeeping 373,5 15 518, 574 $17, 65 0 , 993 $34 **Totals 538,**  **335 6**  **85, 335**  **$21, 842,536**  Notes: [a] Total hours per year/total number of respondents; [b] Total cost per year/total hours per year

### 6(f) **Reasons for Change in Burden**

This request reflects a decrease of 10,720 hours (from 696,055 hours to 685,335 hours) i n the total estimated respondent burden from that currentl y in the OMB inventory. These burden changes are the result of new data gathered for this I CR effort as well as another recent PCB regulatory

anal ys is, estimate adjustments made for consistency with the more recent Agency report, and updated Agency data regarding total numbers of regulated entities. The change is an adjustment. The changes in the total annual respondent reporting and recordkeeping burdens and costs over the course of the requested c learance period for many provisions were 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 keep track of for a particular requirement. The up
- to - date wage rates and the change from the previous ICR are as follows:

 

### Man ager - new rate, $ 61.42; prior rate; $56. 43 ( 9 percent increase )

 

### Clerical
- new rate, $ 24.98; prior rate, $ 24.08 ( 4 percent increase )

 

### Professional/technical category was utilized to be consistent with other Agency economic analy ses. This replaced the previous labor categories of engineer/foreman ($53.87) and engineering technician ($32.85). The current rate for the professional/technical category is $ 50.50
. The specific adjustments to this Consolidated I CR are explained on Tables 6
- 2 through 6
- 8 and are summarized on Table 6
- 11. The specific adjustments to this Consolid ated I CR are explained on Tables 6
- 2 through 6
- 8 and are summarized on Table 6
- 11 and in the following discussion.

 Item number 3
- The total number of newl y discovered PCB Transformers that must be reported to EPA decreased slightly from 351 to 318. The revised number of disclosures was based on an average of the number of PCB Transformers Registered in 2007 and 2008. This change in assumption decreases the burden from 351 hours to 318 hours (
- 33 hours )
.
 Item number 5
- The total number of respondents was increased to 50 to account for anticipated data requests under .30(i)(1)(iii)(C) that were not previously captured by the burden estimates . The time estimate has been averaged to account for the lesser technical and managerial burden associated with 3 0(i)(1)(iii)(C) data requests . The changes increased the burden from 20 hours to 200 hours (180 hour increase).

 Item number 7
- The approval for the latest 5
- ye ar storage period ends in 2013, which will occur during this ICR period. EPA estimates that it will grant approximately 3 waivers per year covering 75 items per waiver. This estimate is based on EPA’s review of

### submissions during the previous reporting period. This decreases the burden by 1,000 hours.  Item number 41
- The reduced estimate of the number of facilities was generated b y using the total number of EPA
- approved storage and disposal facilities (114), and increasing this number by 15 percent to reflect the additional facilities that also dispose of the waste that they

generate. The estimated number of facilities dropped from 151 to 131. This decreases the burden by 1,180 hours.

 Item number 42
- The number expected submissions decreased from 3 to 0. The Agency received one submission in 2006 and no submissions in 2007, 2008, and 2009. The number of submissions declined because companies with exclusions identified themselves in the initial group of submissions. This decreases the burden by sixty hours.

 Item number 43
- The number of expected submissions decreased from 1 to 0. This number is based o n the number if submissions received by the agency

in the past few ye ars. This decreases the burden by 2 0 hours.

 Item number 52
- An overview of NRC data indicates that the number of calls involving reports of fire incidents and PCB spi lls decreased slightly from 27 calls to 22 calls. This decreases the burden b y 1 hour.

 Item number 60
- The number of facilities increased from 39 to 48. This number is based on the total number of R&D facilities is listed on the Notification of PCB Ac tivity Quarterl y Reports (U.S. EPA, 2010a). This increases the burden b y nine hours.

 Item number 67
- The number of incidences requiring reporting decreased slightly from 265 to 223. The new estimate is based on the number of PCB
- related incidences rep orted to the National Response Center for 2009 (U.S. Coast Guard, 2009). This decreases the burden b y seven hours.

 Item number 68
- The number of sites decreased slightly from 252 to 212. Revised estimate assumes that the > 1
- lb spills at electrical substations are a large subset but not all of the spills that must be reported to the National Response Center; 95 percent of the average annual 223 spills reported for 2009 (U.S. Coast Guard, 2009). This decreases the burden b y 40 hours.

 Item number 69
- The number of items decreased from 72,102 to 61,074. This estimate is based on a compilation of the PCB Annual Reports, from 1998 to 2008, that showed an annual average of 61,074 items (PCB Capacitors, Article Containers, Transformers, and PCB C ontainers) were transferred to another facility (i.e., a storer or disposer) (U.S. EPA, 2008). This decreases the burden b y 915 hours.

 Item number 70
- The number of reports decreased from 3,605 to 3,054. EPA assumed for this report that the average number of items on a manifest is 20, so that of the 61,074 items transferred, onl y 3,054 manifests or shipping papers need to be returned. This decreases the burden by

92 hours
.

###  Item 71
- The number certificates decreased from 4,773 to 4,022. Based on the PCB

Annual Report, the average annual total number of capacitors, article containers, transformers, and PCB containers disposed of from 1996 to 2008 is 80,437 (U.S. EPA, 2008). Assuming that information regarding 20 items is included on one Certificate of Disposal, there are a total of 4,022 certificates. This decreases the burden by 187 hours
.
 Item number 77
- The number of pieces of equipment requiring record keeping decreased from 189,225 to 170,303 . This estimate is based on EPA’s experience in the last reporting period. This decreases the burden by 2,838 hours.

 Item number 79
- The number of facilities increased from 39 to 48. The number of facilities is based on data contained in the Notification of PCB Activity Quarterl y Reports (U.S. EPA, 201 0a). This increases the burden b y 108 hours.

 Item number 84
- The number of waste storers increased slightly from 63 to 76 . EPA based its estimate on the assumption that the number of waste storers is 1 percent of the total number of waste generators an d storers ( 7,648 ) listed in the Notification of PCB Activity Quarterl y Reports (U.S. EPA, 2010a). This increases the burden by 52 hours.

 Item number 88
- The number of commercial sto r ers decreased from 73 to 66. The total number of storers was obtaine d from EPA’s list of Commercial Storage Approvals (U.S. EPA, 2010b). This decreases the burden by 5,901 hours.

 Item number 89
- The number of incinerators increased slightly from 4 to 5. This number is from EPA’s list of Commercially Permitted PCB Dispo sal Companies (U.S. EPA, 2010c). This increases the burden b y 843 hours.

 Item number 97
- The number of sets of records decreased from 265 to 223. This number is based on the annual number of spills reported to the National Response Center in 2009 (U.S . Coast Guard, 2009). This decreases the burden by 336 hours.

 Item number 98
- The estimated number of sites decreased from 13 to 11. It is anticipated that 5 percent of the total number of spills, as reported in 97 , would face delays in cleanup. This decreases the burden by 1 hour.

 Item number 99
- The total number of facilities increased from 7,517 to 7,534 . This number is determined b y the total number of PCB waste handlers minus the total number o f commercial storers and dispos ers. This increase s the burden b y 884 hours.

 Item number 100
- Based on comments received, 0 .5 hours of management review time was added and . 0 5 hours of technical time was subtracted.

 Items number 101, and 102
- The total number of manifests and certificates decreased

### from 3,605 to 3,054. Total number of manifests is an average of 20 items per manifest

for a total of 61,074 items. The estimate for certificates is based on the estimate for manifests. This decreases the burden b y 92 hours for item number 101 and it de creases the burden b y 92 hours for item number 102.

### TABLE 6 **- 11**  **CHANGES IN BURDEN HOURS TO EXISTING PCB ICR TOTALS Item** **Number Change in Burden Hours**  3 - 33 5 180 7 - 1,000 41 - 1180 42 - 60 43 - 20 52 - 1 60 9 67 - 7 68 - 40 69 - 915 70

- 92 71 - 187 77 - 2,838 79 108 84 52 88 - 5901 89 843 97 - 336 98
- 1 99 884 101 - 92 102 - 92

**Total -**  **10, 900**  

### 6(g) **Burden Statement** The annual public burden for this collection of information, which is approved under OMB Control No. 2070
- 0112 , is estimated to average about 1.2 7 hours per response. Burden is defined in 5 CFR 1320.3(b). 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. The Agency

has established a public docket for this I CR under Docket ID No. EPA
- HQ
OPPT
- 2010
- 0910, which is available for online viewing at www.regulations.gov, or in
- person viewing at the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. Th e EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday

through Friday , excluding legal holiday s. The telephone number for the Reading Room is (202) 566
- 1744, and the telephone number for the Pollution Prevention and Toxics Doc ket is (202) 566
- 0280. You may submit comments regarding 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
. Submit your comments, referencing Docket ID No. EPA
- HQ
- OPPT
- 2010
- 0910 and OMB Control No. 2070
- 0112, to (1) EPA online using www.regulations.gov (our preferred method), or b y mail to: Document Control Office (DCO), Office of Pollution Prevention and Tox ics (OPPT), Environmental Protection Agency, Mail Code: 7407T, 1200 Pennsylvania Ave., NW, Washington, D.C. 20460, and (2) OMB b y mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA , 725 17th Street, NW, Washington, DC 20503.

### A **PPENDICE S TO THE SUPPORTING STATEMENT** 

Attachments to the supporting statement for this rule
- related ICR addendum are available in the public docket estab lished for the rulemaking under docket identification number EPA
- HQ
OPPT
- 20 10
- 0 910
. These attachments are available for online viewing at www.regulations.gov or otherwise accessed as described in the S upporting S tatement. **Appendix A**  **Toxic Substances Control Act (TSCA), Section 6(e)**  **(15 USC 26 05(e)**  **)**
**Appendix B**  

### Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution

**in Commerce, and Use Prohibitions, 40 CFR 761** ; available at http://www.access.gpo.gov/nara/cf r/waisidx_07/40cfr761_07.html **Appendix C**  **EPA Form 7720 -**  **12 (PCB Transformer Registration) and Instructions** ; available at

http://www.epa.gov/epawaste/hazard/tsd/pcbs/pubs/772012 .pdf and http://www.epa.gov/epawaste/hazard/tsd/pcbs/pubs/7720back.pdf
**Appendix D**  **EPA Form 7710 -**  **53 (Notification of PCB Activity) and Instructions** ; available at

http://www.epa.gov/epawaste/hazard/tsd/pcbs/pubs/771053.pdf and http://www.epa.gov/epawaste/hazard/tsd/pcbs/pubs/7710back.pdf **Appendix E**  

### Summary of Public and Consultative Comments and EPA’s Response to All

**Comments Appendices**  **F -**  **1 and F -**  **2** 

### Copy of Consultations Message Sent by EPA to Potential Respondents;

**Summary of Response from the American Gas Associ a**  **tion (AGA) and Copy of Response from EPS Industries** 

### REFERENCES

BL S, 20 10
. Employer Costs For Employee Compensation: Table 9. Private Industry, Goods

Producing and Service

-Producing Industries, by Occupation, September 2006 . Bureau of Labor Statistics , U.S. Department of Labor: Washington, DC, December 13, 2006. http://www.bls.gov/news.release/ecec.t09.htm. Davis, 2003. Telephone conversation between Mary Davis, PCB Committee Chair. Utility and Solid Waste Advisory

Group (USWAG) and Carol Wendel, Ea stern Research Group. October 22. Lacey , 2003. Telephone conversation between Pamela Lacey , PCB Coordinator, American Gas Association, Washington, DC, and Carol Wendel, Eastern Research Group. October 21. Eastern Research Group (ERG), 2000. Memorandum Regarding Revisions to PCB Consolidated ICR Statement, to Peggy

Rey nolds, U.S. Environmental Protection Agency , Office of Pollution Prevention and Toxics. October 26. ERG, 1993. Assessment of the Benefits of the Proposed Standard on Elec tric Power Generation, Transmission, and Distribution. Prepared for the Occupational Safety and Health Administration. Orton, 2003. Telephone conversation with Tim Orton, Environmental Manger, EnviroCare, Salt Lake City , UT, and Carol Wendel, Eastern Re search Group. October 24. Rice, 2002. Cody

Rice. Wage Rates for Economic Analysis of the Toxics Release Inventory Program. Washington, DC: U.S. EPA, Office of Pollution Prevention and Toxics, Economic and Policy

Analy sis Branch, June 10. U.S. Coast Gu ard, 20 09 . National Response Center. Query /Download NRC Data. (http://www.nrc.uscg.mil/foia.html). September 2
. U .S. EPA, 20 10 a . Notification of PCB Activity Quarterl y Reports
. (http://www.epa.gov/pcb/pubs/data.html). September 2. U.S. EPA, 2010b. Commercial Storage Approvals I ssued under §761.65(d). (http://www.epa.gov/epawaste/hazard/tsd/pcbs/pubs/comstor.htm). September 2
. U.S. EPA, 20 10c . Commerciall y Permitted PCB Disposal Companies. (http://www.epa.gov/epawaste/hazard/tsd/pcbs/pubs/stordisp.htm). September 2. U.S. EPA, 2010d. Scrap Metal Recovery Oven Notifications (§761.72(a)). (http://www.epa.gov/pcb/pubs/oven.html). September 2. U.S. EPA, 2008 . PCB Annual Report 200 8 . Environmental Protection Agency , Office of Pollution Prevention and Toxics, Washington, DC.

### U.S. EPA, 2004a. Supporting Statement. PCBs, Consolidated Reporting and Recordkeeping

Requirements. OMB Control No: 2070
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Analy sis Branch, Washingto n, DC: December. U.S. EPA, 2003. Draft Analysis of the Cost Impacts of Potential Amendments to the PCB Regulations at 40 CFR 761 , September. U.S. EPA, 2000. United States Environmental Protection Agency , Office of Pollution Prevention and Toxics. Recl assification of PCB and PCB
- Contaminated Electrical Equipment Rule: Supporting Anal ys is for Small Entity, Environmental Justice, and Unfunded Mandates Certifications. September 28. U.S. EPA, 1998a. United States Environmental Protection Agency , Office o f Pollution Prevention and Toxics. Data Gathering Report for the Combined ICR Supporting Statement Covering the PCB Regulations at 40 CFR 750 and 761 . August 17. U.S. EPA, 1998b. United States Environmental Protection Agency , Office of Pollution Prevention and Toxics. Cost Impacts of the Final Regulations Amending the PCB Regulations at 40 CFR Part 761 . April 30. U.S. EPA, 1998c. United States Environmental Protection Agency , Office of Pollution Prevention and Toxics. ICR Supporting Statement for the Final Regulations Amending the PCB Regulations at 40 CFR 761 (I CR 1729). U.S. EPA, 1998d. United States Environmental Protection Agency , Office of Pollution Prevention and Toxics. PCB Reclassification Rule: Small Entity Impacts, Environmental Justice Impacts, and Unfunded Mandates Analysis . March 3. U.S. EPA, 1989. U.S. Environmental Protection Agency , Office of Toxic Substances. Regulatory Impact Analysis of Proposed Options for Notification and Manifesting of PCB
- Containing W

astes . EPA Contract No. 68
- 02
- 4235. July 28. U.S. EPA. Supporting Statement . Polychlorinated Biphenyls (PCBs): Manufacturing, Processing, and Distribution in Commerce Exemptions; IC R 857. U.S. EPA. Supporting Statement . PCB Use in Electrical Equipment and Transformer s; IC R #1000; OMB Control No. 2070
- 0003. U.S. EPA. Supporting Statement . Polychlorinated Biphenyls (PCBs); Exclusions, Exemptions, and Use Authorizations ; ICR #1001.06; OMB Control No. 2070
- 1001.

### U.S. EPA. Supporting Statement . PCB Disposal Permitting Regulation ; EPA I CR #1012.

U.S. EPA. Supporting Statement. Combination/renewal of two existing I CRS : Polychlorinated Biphenyls (PCBs) Use, Storage, and Disposal Recordkeeping Requirements ; EPA I CR #583 and PCBs: Notification and Manifesting for PCB W aste Activities ; EPA I CR #1446. U.S. EPA. Supporting Statement. Combination/renewal of two existing I CRS: Polychlorinated Biphenyls (PCBs) Use, Storage, and Disposal Recordkeeping Requirements ; EPA I CR #583 and PCBs: Notification and Manifesting for PCB W aste Activities ; EPA I CR #1446, amended to address the new Paperwork Reduction Act (PRA) requirements for third
party notifications. U.S. EPA. Supporting Statement. Combination/renewal of two existing I CRS: Polychlorinated Biphenyls (PCBs) Use, Storage, and Disposal Recordkeeping Requirements ; EPA I CR #583 and PCBs: Notification and Manifesting for PCB W aste Activities ; EPA I CR #1446. U.S. EPA. Supporting Statement. Import of PCB Wastes for Disposal , EPA I CR #1770.01; OMB Control No. 2070
- 0149. U.S. OPM , 20 10 . Salary table 2006
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