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 No.:	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 totally
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 by the petitioner to develop a
chemical 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 copy of the regulations.

TABLE 1-1

 SUBPARTS AND SECTIONS OF 40 CFR 761

Subpart	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



Subpart G	

761.120 - .135	

PCB Spill Cleanup Policy



Subpart J	

761.180 - .193	

General Records and Reports



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 Cleanup 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 (ICR) that previously consolidated six ICRs as follows:

ICR 857—PCB Manufacturing, Processing, and Distribution in Commerce
Exemptions (OMB Control No. 2070-0021).

2.	ICR 1000—PCB Use in Electrical Equipment and Transformers (OMB
Control No. 2070-0003).

3.	ICR 1001—PCB Exclusions, Exemptions, 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).

Previous Consolidated ICRs also incorporated collection request burdens
associated with the Reclassification Rule (66 FR 17602, April 2, 2001). 
No additional requirements have been added to this ICR. This ICR was
previously approved as OMB Control No. 2070-0112 and EPA ICR No.
1446.09. 

There are approximately 100 specific reporting, third-party reporting,
and recordkeeping requirements covered by this consolidated ICR.  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 one-year limitation
on storing equipment for disposal.

Notifying EPA (i.e., reporting) and state and local officials (i.e.,
third-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
commercially store PCBs.

Submitting Unmanifested Waste Reports.

Sending Certificates of Disposal to generators of PCB waste (third-party
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 commerce, or use of chemicals containing inadvertently
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 decontamination of PCB Items.

Information required by 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 information 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., state
environmental agencies, fire response personnel, etc.), and is
accessible online as well.

All of the information collection activities associated with the PCB
regulations found at 40 CFR 761 have been approved by OMB.  The total
hourly and cost burdens associated with the requirements discussed in
this consolidated ICR include time needed to collect and review required
information and transmit or otherwise disclose the information.  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 conducted in compliance with the PCB regulations. 
Specific uses of the information collected include determining the
efficacy of a disposal technology; evaluating exemption requests and
exclusion notices; targeting compliance inspections (e.g., determining
if operational criteria for disposal facilities are being met); and
ensuring adequate storage capacity for PCB waste.

2.  NEED FOR AND USE OF THE COLLECTION

2(a)	Need/Authority for the Collection

The reporting and recordkeeping requirements of this consolidated ICR
are implemented under the TSCA authorities 15 USC 2605, section 6(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 by
these requirements will update the Agency’s knowledge of ongoing PCB
activities, ensure that individuals using or disposing of PCBs are held
accountable for their activities, and demonstrate compliance with the
PCB regulations.  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, respectively, as
well as the use for each requirement, which is provided in response to
section 2(b) of this report.  Item numbers in the first column of the
tables 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 defining “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 originally supplied by
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 required 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 by
EPA, however, the requirements do not negate the above conclusion.

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 by 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
generally include “affidavits, 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 merely 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.

The second exemption is that 761.40(j)(2) allows the use of marks other
than that prescribed by EPA at 761.45 for  PCB Transformers (provided,
among other things, that (i) those marks were in use before August 15,
1985, (ii) before August 15, 1985, the primary fire department accepted
the alternative mark, (iii) the EPA Regional Administrator (RA) was
informed in writing of the alternative mark by October 3, 1988, and (iv)
the EPA RA approved the alternative mark within 30 days 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.

There are three main types 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 mark 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 conducted 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.

TABLE 2-1

REPORTING REQUIREMENTS UNDER TSCA SECTION 6(e), 40 CFR 761

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 Information



40 CFR 761



Subpart A—General



1

	

761.1(f)(1),(2),

and (3)	

Comply with reporting requirements of Subpart J (761.185 - .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 products 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 compliance
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 section 6(e)(3) to manufacture
(import), process, or distribute in commerce (export) PCBs, unless
otherwise authorized.  	

Implement 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.



5	

761.30(i)(1)

(iii)(A)(1)	

Submit a description, at the request of the RA, of a natural gas
pipeline system owned or operated by a seller or distributor of natural
gas that contains  >50 ppm PCBs.	

Keep regions informed of the operation 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 sometimes 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 operated 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 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 PCB disposal for persons not following
self-implementing 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 conducting 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 state 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 exceed 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.



12	

761.61(a)(3)(i) and (ii)

	

Notify EPA (as well as state, 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.	

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-implementing 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 notification 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 information 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 one-year time frame have been
unsuccessful, for which EPA may grant an automatic ond-year extension.	

Show good faith attempts to secure disposal of PCB wastes.  Allow EPA to
evaluate whether the one-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 additional extensions beyond the initial one-year
extension, including justification and information on measures taken to
secure disposal.	

Ensure that appropriate treatment and disposal options are being
pursued.



20	

761.65(a)(4)	

Submit request for modifications 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.



21	

761.65(c)(6)(i)(C)	

Demonstrate to the RA 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/radioactive wastes 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)	

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 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 facilities from becoming
potential Superfund sites.



23	

761.65(e)(4)	

Submit a written request to the RA 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 new 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 environment.



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 efficiency 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 RA 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 RA for coordinated approval and additional
information, as requested by EPA.  Submit an application for TSCA
disposal approval, if the RA denies the request for a coordinated
approval or determines that 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 federal or state 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 proper 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 with a
porous surface, as per paragraph (b)(3) or (c)(6), and/or by using a
self-implementing 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



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 waste 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 relatively 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 from 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 before 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, imported (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 environment.





Subpart F—Transboundary Shipments of PCBs for Disposal



39	

761.93(a) and .97(a)	

Submit an exemption petition as per TSCA section 6(e)(3) to import 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



40	

761.125(a)(1) (i) to (iii)	

Report certain spills of PCBs to EPA.  Request guidance from the RA 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
cleanup 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
facilities, 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 procedures 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 imports 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 releases 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 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.	

Inform EPA of generators, storers, transporters, and disposers of PCB
waste so that the Agency can ensure compliance with applicable
regulations.



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 proper 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 movement 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	

761.211(b) 

	

Notify RA of unmanifested PCB waste, 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 Performance-Based
Decontamination 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.

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 Information



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 state and local officials with notification prior to the first
use of an approved chemical waste landfill, incinerator, or alternate
PCB disposal technology.  	

Inform relevant authorities of the operation of a PCB disposal facility
in their region.



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 state or local
government.	

Keep relevant authorities informed of PCB activities in their region.



59	

761.60(j)(1)(ii)	

Notify state 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
commercial 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 state and local environmental officials (as well as EPA) of
self-implementing 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 remediation.



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.



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 Response 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 PCB 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
reclassification.  (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.

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)	

Comply 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
impurities 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
three 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.



75	

761.30(a)(2)(v)(C) and (D); 761 .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 ultimate disposition of PCB equipment.  



76	

761.30(i)(1)

(iii)(B) and (C)  	

ontain ≥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 disposal activities.	

Have information ensuring the proper management of R&D for disposal
activities.



80	

761.61(a)(3)(i)(E) and (a)(6)

	

Retain records 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 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 waste.	

Allow EPA to track administrative decisions regarding self-implementing
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 been properly decontaminated.  (See
number 97.)



83	

761.62(b)(5)	

Maintain a written record of all sampling and analysis of PCBs or
notifications made under this part for three 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 written record of attempts to secure disposal capacity.  If
requested, keep records of PCB wastes stored beyond the one-year storage
extension.	

Ensure that PCB wastes stored beyond the one-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 >500 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 the event of a PCB spill.



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 been 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) 	

PCB Items ≥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,
temperatures, combustion products, and operations, and special records,
as per 761.180(c); retain records for five 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 five years.	

Allow EPA to assess whether a high efficiency 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 waste
landfills, including PCB concentration in liquid wastes, 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.



94	

761.79(f)(1) and (2)

	

Keep records for three years of confirmatory sampling and sampling
locations/results for decontamination activities and compliance with
self-implementing procedures.	

Allow EPA to assess whether a decontamination activity was properly
implemented.



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; retain records for three
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
distribution 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
five 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 activities 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 records and written annual document log for PCBs and PCB
Items for three years after facility ceases PCB activities, including
signed manifests, Certificates of Disposal, records of inspections and
cleanups, facility and Item identification information, total number 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 to as well as received
from any state or local government agency and any
application/correspondence submitted to local, state or federal
permitting authorities.	

Allow EPA to assess compliance with requirements and pursue enforcement
action, when appropriate.



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.	

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 waste
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.	

Provide 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 Performance-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 appropriate.



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

3(a)	Non-Duplication 

TSCA section 6(e) assigns the responsibility for regulating the
manufacture, processing, distribution in commerce, use, storage, and
disposal of PCBs to the EPA Administrator.  All of the information
requested under this ICR 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 ICR are not
duplicative 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 requirements 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 I and II reports, and Customs records that presumably could
be used by 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 used 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 regulations.  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

Prior to submission to OMB, this ICR will be made available to the
public for comment through a Federal Register notice. The public will
have 60 days to provide comments. Any comments received will be given
consideration when completing the supporting statement that is submitted
to OMB.

3(c)	Consultations

On numerous occasions during the course of regulating PCBs, the Agency
has consulted with the regulated community and the public.  These
consultations have been held directly 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 Administration.  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 Electrical 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 by Regulatory Compliance Services,
Inc., was the 2007 National Convention held in October 2010, 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 involved 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, 2009).  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 responses regarding reporting and
recordkeeping burdens are variable.  Comments are incorporated
throughout the supporting statement.  Sources are listed in the
reference section.

Under 5 CFR 1320.8(d)(1) OMB requires agencies to consult with potential
ICR respondents and data users about specific aspects of ICRs before
submitting an original or renewal ICR to OMB for review and approval. 
In accordance with this regulation, EPA will pursue additional
consultations with interested parties during the development of the
renewal of this collection.

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 frequently, 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 analysis.  Only when processes are modified are
importers and manufacturers required to renotify.  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 completed by October 1, 1990.  Another
example are the reports on total PCB releases of 761.187 that need only
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 activities
(see EPA Form 7710-53, Notification of PCB Activity at Appendix D); both
notifications can be accomplished by completing a simple form, although
use of the form is optional when registering PCB Transformers.

3(e)	General Guidelines

Most of the information requested by this ICR is consistent with OMB’s
Paperwork Reduction Act Guidelines.  Some exceptions are as follows.

Under the information collection requirements of 761.185 and 761.193,
manufacturing and monitoring records that document PCB levels in
products and analyses that support the one-time notification and
certification of compliance for the process must be retained for either
three years after the certified process ceases operations or seven
years, whichever is shorter.  The content of the file most likely would
not change over the seven-year 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 three-year
period after the operation ceases or up to seven years.  The effect of
this provision is to impose an equal retention period for sampling data
on all those who deal with inadvertently 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 for at least three
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 three years is that a leak from a chemical waste landfill
could take years to develop into a noticeable environmental problem. 
Landfill records are the only mechanism to accurately trace the source
of the contamination.  Also, certain operational records maintained by
the owner/operator of incineration facilities and high efficiency
boilers must be retained for five years 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 five years or more.  These provisions include
761.61(a)(9), which requires the notifications and remediation site
cleanup activity documentation, pursuant to 761.61(a)(3), (4), and (5),
to be maintained for five years.  Section 761.61(a)(8)(i)(A) requires a
notice be permanently affixed to the deed 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 officials 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 days 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 days prior
to shipping certain wastes.  These reporting requirements are not
triggered by the calendar (i.e., they are not required quarterly 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 days of discovery.

761.60(j)(1)(ii) requires EPA, state, and local environmental protection
agencies to be notified of the commencement of pilot-scale PCB R&D
disposal activity.

761.61(a)(3)(i) requires EPA, state 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 one-year limit 30 days prior to the expiration of the
one-year time frame when disposal cannot be accomplished within that
period.

761.70(b)(8) requires EPA to be notified 30 days prior to transferring
ownership of an incinerator.

761.75(c)(7) requires EPA to be notified 30 days prior to transferring
ownership of a landfill.

761.80(e) requires EPA to be notified 30 days 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 days of suspension
of incineration operations.

761.205(f) requires EPA to be notified within 30 days 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 days of receipt of waste.

761.218(b) requires disposers to send Certificates of Disposal to
generator within 30 days of disposing of his waste.  

3(f)	Confidentiality

Petitioners or permit applicants 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
section 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.

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 size, that currently 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 (NAICS 2211), including municipal and county
electric systems, and other publicly owned systems, such as irrigation
districts.  It has been estimated that 70 percent of PCBs produced were
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 (NAICS 211111)

manufacturers (NAICS 31-33)

line-haul railroads (NAICS 48211)

telecommunications (NAICS 513)

refuse systems (NAICS 562111)

EPA studies have shown that these entities account for more than 90
percent of PCB waste generated by the non-utility private sector. 
Hospitals (NAICS 62211) and colleges/universities (NAICS 61131) are also
likely to have high-voltage electrical equipment of the type 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.

Entities engaged in bulk solid 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 waste landfills, alternate disposal
technologies).  This would include individuals, businesses, federal
agencies, and state/local governments engaged in PCB waste management
activities.  NAICS code 562111, hazardous waste material disposal sites,
may be applicable.

Other primary respondents include:

trucking and warehousing (storage) (NAICS 484)

sanitary services (incinerators, landfills) (NAICS 5622)

steam suppliers [high efficiency boilers (HEB)] (NAICS 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 products 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 respondents 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 (NAICS 325181)

inorganic pigments (NAICS 325131)

plastic materials and resins (NAICS 325211)

synthetic rubber (NAICS 325212)

organic fibers non-cellulosic (NAICS 325222)

other chemicals and allied products (NAICS 3259981)

adhesives and sealants (NAICS 32552)

printing ink (NAICS 32591)

chemical preparations (NAICS 325998)

rubber and miscellaneous plastic products (NAICS 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 (NAICS 31
- 33) and Electric Equipment Manufacturing (NAICS 335).

4(b)	Information Requested

(i)  Data Items

 Many of the information collection requirements are triggered only by
an individual’s need to address a particular PCB scenario, while other
requirements apply to 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 according 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 ICR).

40 CFR 761

Subpart A—General

(#1)  Certification Notification for Excluded Manufacturers: The primary
reporting requirement for manufacturers who inadvertently generate PCBs
and importers of products containing inadvertently 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 release
conditions on excluded processes; and (3) states whether the
certification is based on actual monitoring data or on theoretical
analysis of the chemical reaction(s) involved in the manufacturing
process.  Additionally, manufacturers and importers must 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 capacity, 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
section 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 their transformers with EPA.  The registration program
provides state 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.  Information 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, EPA requires
information on the process that is being considered as well as equipment
identification information.

ns ≥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 by EPA.  This description is sent to the RA or the Director,
National Program Chemicals Division (NPCD), at EPA, if the contaminated
pipe is located in more than one Region.  EPA expects the reporting
burden to be minimized as the regulations allow for the use of
historical data regarding these requirements (e.g., sampling and
analyses data and reports of actions taken to reduce PCB levels)
[761.30(i)(1)(iii)(A)(1)].

ification requirement.  Without this authorization, however, use of such
gas or liquid systems 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 of PCB Articles in areas not
meeting the TSCA approved storage standards in 761.65 to a period of
five years.  However, RAs may grant extensions beyond five years with
conditions if a request explaining the rationale for the extension is
submitted six months prior to the expiration date [761.35(b)]. 
Regulated entities obtained approvals for five-year storage periods
during 2008, which makes these approvals valid through 2013.  The next
approval period will occur during this ICR period.

Subpart D—Storage and Disposal

(#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 anticipated 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, state or federal 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 process 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 demonstration 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 analysis; and (5) names, addresses, and
qualifications of persons who review the analytical 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
analysis to help the reviewing officials determine the safety and
efficiency of the process, or disapprove the plan.  

Any person who is required to incinerate any PCBs and PCB Items and who
can demonstrate that an alternative method of destroying 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,
respectively, must 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 RA and state and local environmental officials 30 days before
conducting the R&D 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,
type of R&D, physical 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 RA.  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 accomplishments
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 type of activities they perform.  By
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 information to be
submitted on a specific form or in a specific format.  By requiring
individuals to write a letter to the RA, 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 RA and the appropriate state (or
tribal), and county (or local) environmental agencies at least 30 days
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)].  Once the remediation project has been
initiated, any proposed deviation from the notification previously
submitted must be reported to EPA no less than 14 days 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 RA that
the sampling plans, sample collection and preparation procedures,
extraction procedures, and instrumental/ chemical analysis 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 methods for chemical extraction and
chemical analysis 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 Subpart Q, for which records are 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 the
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 RA.  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 application [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 prescribed by 761.65, must apply in writing to the EPA
RA 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 health 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 extending the one-year storage
for disposal deadline for another year based on an adequate
justification.  Any person storing PCB waste that is subject to the
one-year time limit for storage and disposal may provide written
notification to the RA that their continuing attempts to dispose of or
secure disposal for their waste within the one-year time limit have been
unsuccessful.  For the automatic extension of the one-year time frame,
EPA must receive the notification at least 30 days before the initial
one-year time limit expires and the notice must identify the storer; the
types, volumes, and locations of the waste, and the reasons for failure
to meet the initial one-year 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 why 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 may be used for PCB/radioactive waste. 
However, other containers may be used if the users are able to
demonstrate to EPA and other appropriate regulatory authorities [i.e.,
the Nuclear Regulatory Commission, the Department of Energy (DOE), or
the Department of Transportation (DOT)] that such containers are
protective of public health and safety 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 employees,
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 also revise and update
the closure plan when certain changes occur at the facility, and, within
30 days 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 RA 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
storage capacity of the facility, EPA is requiring that these
individuals notify the federal or state issuing authority in writing
that they have revised the financial assurance mechanism and activated
it within 30 days of the completion of the modification [761.65(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 transferor’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 falls 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 incinerators and chemical waste landfills that
dispose of PCBs must notify EPA at least 30 days before transferring
ownership of the facility.  The notice must include a notarized
affidavit signed by the transferee, which states that the transferee
will abide by 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 boilers, the
person must give a one-time written notice to the RA, 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 EPA RA for the EPA
Region in which the boiler is located.  The request to the RA 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 oxygen percentage in the stack when boiler is
operated, type of equipment and procedures used to control feed and
monitor emissions, type 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 adversely affect the operation of the boiler such that combustion
efficiency will decrease [761.71(a)(2) and (b)(2)].

(#29 - 30)  Disposal by Scrap 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 disposers 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 RA 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 RA at the
same time they seek a permit approval or other action for a PCB waste
management activity under any other federal or state authority.  The
request for coordinated approval shall include a copy 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 copy of the waste management
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 RA may request additional information
to remedy a deficiency in the waste management activities
[761.77(a)(1)(ii)(A)(1)].  If the RA determines that conditions of the
coordinated approval are not being met, the RA 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 RA in writing within five calendar days of
changes relating to PCB waste requirements in the non-TSCA waste
management documents that serve as the basis for the 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 apply in writing to the EPA RA.  Each
decontamination application must describe the material to be
decontaminated and the proposed decontamination method, and must
demonstrate 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 decontamination
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 additional 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 prohibitions
are required by statute [15 USC 2601, section 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 (one-year maximum); amount of PCBs to be
manufactured processed and/or distributed in commerce, rationale
regarding no unreasonable risk and substitutes criteria of section
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 analytical reference samples derived
from PCB waste material require a petition be submitted 60 days 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 750.11 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 RA in writing 30 days
prior to beginning 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, Processing, and Distribution in Commerce,
Exemptions: When a facility holding a certain type 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
distribution, 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 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) location(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 manufacture or use; (6) basis for meeting section
6(e)(3)(B)(i) criteria for “unreasonable risk;” (7) basis for
meeting section 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
description 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 processing; 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 processing, 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 exemption issued
under the authority of TSCA section 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 Records and Reports

(#41)  Annual Reports for Waste Disposed of by 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 facilities, shall submit annual reports to the RA.
 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.  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 by EPA.  Also see #68a
and #75 [761.180(g)].

(#42)  Notification/Certification of Product Contamination by
Inadvertent PCBs: Manufacturers with processes inadvertently generating
PCBs and importers of products containing inadvertently 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 ug/g (roughly 2ppm) for any
resolvable gas chromatographic peak.  Manufacturers who must submit the
report must transmit a letter notifying EPA of the number, type, 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 by 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/operators 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 ten pounds [761.187].

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 Form 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 statement 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 days after the change in activity occurs.  The information is
collected using a one-page form (EPA Form 7710-53) that has previously
been approved by OMB (OMB Control No. 2070-0112) and requires minimal
effort to complete [761.205(f)].

(#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 actually received the
manifested waste.  If the disposal facility did not receive the waste,
the generator shall contact 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 RA.  A disposer shall submit a One-Year Exception Report to EPA
within 45 days from the end of the one-year storage for disposal date
when the facility receives 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-year 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
within nine 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 one year after 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 reconcile the discrepancy with the
waste generator or transporter.  If the discrepancy is not resolved
within 15 days after receiving the PCB waste, the owner or operator
shall immediately submit to the RA a letter describing the discrepancy
and attempts to reconcile it, and a copy 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 accompanying 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 RA so that the RA 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 days after receiving the unmanifested PCB
waste, the owner/operator shall prepare a report to the RA 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, explanation why the waste was
unmanifested, if the waste was stored or disposed, if the generator was
identified, if a manifest was subsequently supplied, and if and when the
waste was sent back to the generator [761.211(c)].

Subpart T—Comparison Study for Validating a New Performance-Based
Decontamination Solvent Under 761.79(d)(4)

(#50)  Results of Analysis 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].

(B) Third-Party Reports.  Respondents are required to submit information
to entities other than EPA headquarters or the RA, such as to state,
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: Before 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 40 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 system [761.20(e)(3)(ii); .30(i)(5)(ii); and .60(b)(5)(iv)(B)].

aining ≥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 type of PCB Transformer
installation involved in the incident (e.g., high or low secondary
voltage network transformer, high or low secondary voltage radial
system, expanded radial system, primary selective system, primary loop
system, or secondary selective system) 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 National Response Center
notifies the appropriate RA [761.30(a)(1)(xi) and (xv)(A);
(h)(1)(ii)(B)].

(#53)  Notification to Owners of PCB Transformers: 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)].

ated at ≥500 ppm, the owner of the PCB Transformer must register the
equipment with the building owner (and EPA; see #3) within 30 days of
discovery [761.30(a)(1)(xv)(D)].

Subpart D—Storage and Disposal

(#55) Documentation About and Disposal Approval for 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 liquid hazardous wastes containing PCBs >50 ppm
[761.60(a)(3)(ii)].

ing 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 systems 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 state 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 by state
and local officials, each operator of a chemical waste landfill,
incinerator, or approved alternative to incineration must provide annual
information about the quantities and types 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 conditions, one of which is to notify
state and local environmental agencies at least 30 days prior to
beginning the activities.  Each written notification must contain the
EPA identification number for the site, the quantity of PCBs to be
treated, the type of R&D technology to be used, the physical 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: Research 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 state (or tribal) and
county (or local) environmental agencies at least 30 days 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 destined that is not subject to a TSCA PCB disposal
approval about the quantity and the highest concentration of PCBs
shipped, at least 15 days before the first shipment of the waste from
each cleanup site [761.61(a)(5)(i)(B)(2)(iv)].

(#63)  Deed Restrictions on Property Where Remediation Projects Have
Been Conducted: Within 60 days of completion of a cleanup activity and
in accordance with state 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)].

≥10 ug/L PCBs [761.62(b)(4)(i) and (ii); 761.357 and .359].

≥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 by 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 50 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)  Manifests for PCB Wastes: Generators who relinquish control over
PCB wastes by 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 transported 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 by a
manifest, the owner/operator of the facility must send a copy of the
manifest to the generator within 30 days 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 Disposal 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 days 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 include a statement certifying
the date of disposal and disposal process for the identified PCB waste
[761.218(a) and (b)].

(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 inadvertently generated PCBs (i.e., excluded manufacturing
processes) must maintain the monitoring data (or other analyses) that
were used to support 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 process that
necessitated notification, or after seven years, whichever is a shorter
retention period.  Monitoring records must contain the method of
analysis; the results of the analysis, including data from the Quality
Assurance Plan; a description of the sample matrix, the name of the
analyst or analysis; the date and time of the analysis; 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, and 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 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. 
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 system [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 copy of the
transformer registration and the return receipt signed by the EPA and
records of inspection and maintenance history for a period of three
years after the disposal of the transformer(s).  The records 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 three
years after reclassified and sold, transferred, or disposed.  These
records, generated during the normal course of the reclassification
procedure, must show that the equipment was reclassified following the
required reclassification procedure.  When these procedures require
testing, the records must include copies of the pre-and
post-reclassification 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 as remedial measures taken to reduce the PCB concentrations below
regulated levels.  Records of the results of the sampling and analysis
as well as any actions taken or not taken to reduce the PCB
concentrations must be kept for three 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 systems
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 location 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 Disposal 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
761.180 (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 analysis
procedures used to assess or characterize the PCB contamination at the
cleanup site.  Persons using alternate methods for chemical extraction
and chemical analysis for site characterization must keep on file
records of a comparison study that meets or exceeds the 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 RA, state 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 five years.  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, the 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 Analysis of PCB Bulk Product Waste:
Persons disposing of PCB bulk product waste in solid waste landfills
must keep records of the sampling and analysis of PCB bulk product waste
as well as required notifications.  The records must be maintained for
three years 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 one-year extension to store
waste beyond the one-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
temporarily store containers of PCB liquids >50 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 service 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)].

≥50 ppm [761.65(c)(10) and .180].

(#89)  Incinerator Records: Owners and operators of incinerators must
keep records five years 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 oxygen and carbon monoxide, at a
frequency specified by EPA, and information on the weight of solid
residue generated by 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 five years: the quantity of
low concentration PCBs burned in the boiler each month, monthly waste
analysis records, and the data required in 761.71(b)(1)(vi) and
(b)(1)(vii), which includes the carbon monoxide concentration and excess
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 Using 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 three years from the date each
charge is introduced.  Because these devices are considered 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 coordinates for PCBs and PCB Items, water
sampling and analysis (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
conductance, and chlorinated organics [761.75(b)(6)(iii) and (b)(8)(iv)
and .180(d)].

(#93, 94)  Decontamination Activities: If individuals follow
self-implementing decontamination procedures (and maintain the required
records), they will not need to obtain a PCB disposal approval, as is
currently 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, analytical
results, and information about the wastes generated by a decontamination
process.  These records must be retained at the site of decontamination
for a period of three years for inspection by EPA [761.79(f)(1) and
(2)].

Subpart E—Exemptions

(#95, 96)  Manufacture of PCBs and Processing/Distributing of Limited
Quantities 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 analytical 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 annually.  These
records must be retained for a period of either three years after
ceasing the processing and/or distributing operations or five years
[761.80(e)(5), (g)(1), and (i)(7)].

Subpart G—PCB Spill Cleanup Policy

(#97, 98)  Records of Spill Cleanup and Delays: Parties responsible for
cleaning 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 similar adverse
weather conditions; lack of access due to physical 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 Log 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 three years after
the PCB activities 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 Item 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 state or local government agency and any
application/correspondence submitted to local, state, or federal
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 three years after
ceasing process operations or importation, or for seven years, whichever
is shorter, monitoring or analytical data used to determine compliance
of import, manufacture, process, distribution in commerce, or use of
chemicals containing 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 generating PCBs, the
levels of PCBs generated, the basis for all estimations of PCB
concentrations, and the name and qualifications of the person performing
the analyses.  Monitoring data must include the method of analysis, the
results of the analysis, description of the plan matrix, names of the
analysts, date and time of the analysis, 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)  Recordkeeping 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 accordance 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
copy signed by the storer or disposer for at least three years from the
date the PCB waste was accepted by the initial transporter [761.209(a)
to (d)].  Generators and commercial storers of PCB waste must also
maintain a copy 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 conducting 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)].

(ii)  Respondent Activities

Typical 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 type of respondent are
as follows:

Manufacturers, Processors, 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;
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 must
document the amount of PCBs affected by the exemption request; describe
the manufacturing/processing/distribution in commerce processes; comply
with additional statutory requirements of TSCA section 6(e)(3)(B);
quantify the economic consequences of an exemption denial; and provide
specifics about servicing and use activities, develop certification
statements, and complete other paperwork.

Owners of PCB Items and PCB-Contaminated Equipment: There are various
requirements for owners of the many different types of PCB Items. 
Owners of newly 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 signature, 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 log 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
required, 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 fire-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 of 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 one-year limit, or to exceed
the five-year limit for the storage of equipment for purposes of reuse. 
In those cases, they would be required to contact the appropriate RA 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 temporarily
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 removed 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 options (i.e., 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 RA
before disposing of these wastes.  Individuals disposing of PCB waste,
such as in a high efficiency boiler, must notify the RA 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-year deadline for disposal.  If waste handlers
change their waste-handling activities, they are also required to file
an amended TSCA PCB notification form (EPA Form 7710-53, see Appendix
D), which provides information on the amended activity.

To handle PCB remediation wastes under the self-implementing option,
site owners must notify the RA and other authorities about the
remediation activities and submit a written certification to the RA 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.  Property 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 provisions for disposing of PCB remediation waste include
retaining written waivers received from EPA or other authorities for
five years, 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 five 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 analysis
for three 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 actually 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 they fail to
receive confirmation from the disposer that a shipment of PCB waste has
been properly disposed of.

Persons seeking coordinated approval for their waste-handling activities
are required to submit requests for approval to the RA.  These
individuals 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 RA 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 respondents are
expected to complete the EPA approval process: develop a description and
a plan for a demonstration of the system; conduct demonstration and
complete an analytical 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 state and local officials prior to the first use of the
technology, and if requested by a state or local government, provide
annual notice of the quantities and types 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 analyze samples of
surface and ground water at EPA-approved locations.  To dispose of
residual PCB waste in a scrap metal recovery oven or smelter, the owner
must obtain a permit or have the unit approved by the RA, and comply
with applicable reporting requirements of Subparts J and K, such as
recording operating temperatures.  Persons burning PCB liquids in high
efficiency boilers must retain records of the quantities burned, waste
analysis results, and operational conditions of the boiler.

Owners and operators of PCB disposal facilities are required to submit
annual reports to EPA.  PCB waste disposers must submit unmanifested
waste reports to EPA when they accept a shipment of PCB waste without an
accompanying manifest.  Disposers also must submit discrepancy reports
when the PCB waste they receive for disposal does not match the
description 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 RA when
it is necessary to exceed the one-year 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 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 type
and quantity of PCB wastes that were managed at the facility during the
preceding year.  Commercial storers of PCB wastes must submit Exception
Reports when they transfer the PCBs or PCB Items to the disposer within
nine 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 by ANSI for 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 facilities 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 process or
distribute PCBs or PCB analytical 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 RA.  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 RA of
any changes relating to the waste management documents that serve as the
basis for the coordinated approval.

Operators of laboratories who wish to exceed quantity limitations for
the manufacture, processing, or distribution in commerce of PCBs will
have to submit requests to EPA.

Other Individuals (i.e., Users of PCBs): Owners of PCB-Contaminated
natural gas pipeline systems who sell or distribute natural gas, can use
these systems if they keep records of sampling and analysis results and
actions taken to reduce the PCB concentrations to below regulated levels
and submit a description of the system to EPA, if requested.  Owners of
natural gas pipelines must also include the system 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 systems.

 Persons burning for energy recovery used oil or liquids containing PCBs
<50 ppm from a natural gas pipeline system 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 remediation 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-copy files of submitted
data, inspecting facilities, producing inspection reports, responding to
public inquiry, providing regulatory interpretations and developing
rulemakings.  OPPT staff 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 transfer of information from
EPA to the public.  More specific Agency activities are discussed below.

Data submitted to EPA for consideration in granting or denying requests
for exemptions are reviewed, analyzed 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,
analyzes, 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), processing, and distribution in commerce of PCBs. 
These data are reviewed and stored pursuant to confidentiality
requirements, when 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
created and presently 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 voluntarily submitted by PCB Transformer owners
on the current status of PCB Transformers previously registered.  This
supplemental data is not required or solicited by EPA.  On an “as
requested basis,” EPA resources provide information from the PCB
Transformers 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
Quarterly Reports on PCB waste handlers.  These data are currently
available on the Internet.

Information from annual reports that are submitted by storers and
disposers of PCB waste enables the Agency to respond to public and
Congressional inquiries, target inspections, 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.

Activities routinely conducted by EPA in processing requests for permits
to operate a PCB disposal facility are as follows:

Review/analyze applications to determine whether facilities have
adequate technical plans and financial capabilities to operate and
maintain 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 in 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, analyzes, 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.

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 or
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 (such 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 is generally
submitted on paper, rather than electronically.  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
applications.

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 disclosure by 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 PCBs.  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 exclusion.  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 handle smaller volumes of PCBs than
larger entities, thereby 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 smaller 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 transformers designed to
use 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 associated 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
relative to overall revenues.

In another example, the manufacturing exclusion was designed to minimize
the burdens of the TSCA section 6(e) bans on chemical manufacturers. 
This rule has relieved small business manufacturers from the burdens of
filing annual petitions for exemption from the manufacturing,
processing, and distribution in commerce bans, as required under section
6(e)(3).  Further, to minimize the burdens of information collection on
small organizations, EPA allows significant flexibility in its
information 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 analyses rather than actual
sampling of process streams to estimate the levels of PCBs generated by
the processes.  If the basis for the theoretical analysis is sound, the
manufacturer may certify compliance on the basis of that analysis, 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 analysis,
the reports 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 Regulations

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 by 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 systems as well as other public power systems such
as irrigation districts.

Non-utility entities with 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 such
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-sector operations such as prisons
might also possess this type 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 1970s is a possible candidate for
inclusion in this class of waste generators.  Included 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 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).  In 2003, EPA estimated that
3,170 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 owned 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 production (NAICS 211111), manufacturing (NAICS 31-33),
line-haul railroads (NAICS 48211), telephone communications (NAICS 513),
and refuse systems (NAICS 562111) as accounting for over 90 percent of
the non-utility, private sector PCB waste generators.  Information on
PCB waste generators for New York and California indicate that a large
proportion of non-utility PCB waste generators fall within NAICS 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.  Hospitals (NAICS 62211) and colleges and universities (NAICS
61131) are also likely to have high-voltage electrical equipment of the
type 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 by
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 receive
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 85 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
establishments 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), relatively 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
affected 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 employment
size.  Depending upon the industry, entities with fewer than 500, 750,
or 1,000 employees are classified as small businesses.  For most of the
remaining industries, small firms are classified by revenue size.  To
estimate the number of small entities for these industries, average
revenues per entity were calculated for each employment size category in
each six-digit NAICS code.  The average revenue per entity for
employment 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 counted 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-voltage 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 analysis was conducted, companies have disposed of
approximately three percent annually 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 by specific events or on
an as needed basis rather than by specific dates, as shown on Table 5-1
and 5-2.





TABLE 5-1

REPORTING SCHEDULE FOR ICR 1446.10, 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 new reports or modifications to existing reports to qualify 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 section 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)	

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.	

Upon request of the RA.



6	

761.30(t)(3)	

Obtain EPA approval for the use of PCBs in other gas or liquid systems.	

When planning use of system.





7	

761.35(b)	

Obtain RA approval for an extended storage for reuse period.

	

Six 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 redemonstrate the process.



9	

761.60(j)(1)(i)	

Obtain an identification number for PCB R&D disposal.	

When planning R&D for disposal.



10	

761.60(j)(1)(ii)	

Notify EPA (as well as state 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
RA.  	

When needed.	



12	

761.61(a)(3)(i) and (ii) 	

Notify EPA (as well as state and local environmental officials) of
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-implementing 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 notice.	

Within 60 days of completion of remediation.	



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 secure disposal.  Request
a one-year storage extension.  	

 30 days prior to disposal deadline.



19	

761.65(a)(3)	

Submit request for additional extensions beyond the initial one-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 wastes
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 written request to the RA 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.	

When needed.



24	

761.65(g)(9)	

Notify EPA of modifications to commercial storage facilities.	

Within 30 days of facility modification.



25	

761.65(j)	

Demonstrate that a new 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)	

Obtain 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
incinerators and landfills).	

Within 30 days of transferring ownership.



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 dielectric 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.  	

Before 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 RA for coordinated approval and additional
information, as requested by EPA.  Submit an application for TSCA
disposal approval, if the RA 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 RA.



32	

761.77(a)(3)	

Notify EPA of changes in PCB waste management requirements in the
document(s) used to obtain TSCA PCB coordinated approvals.	

Within five days of when changes are made.  	





33	

761.79(h) 

	

Request approval of alternative decontamination or sampling 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 samples 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.  	

Six months prior to expiration.



36	

761.80(e)(3), (g)(2) and (i)(4)	

Obtain approval to exceed limits of the exemption.	

60 days before manufacture of PCBs.



37	

761.80(e)(4)	

Notify EPA in writing 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,
importing (manufacturing), or exporting PCBs.

	

When needed.



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
disposal.	

When needed (See #2).



Subpart G—PCB Spill Cleanup Policy



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 National 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	

761.180(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 inadvertently
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
required.



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 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.	

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.



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 commercial 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 RA of unmanifested PCB waste, 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 Performance-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

TABLE 5-2

THIRD-PARTY REPORTING SCHEDULE FOR ICR 1446.10, SECTION 5(d)

Ref.  #	Regulatory Section(s)  	

Collection Requirement 	

Collection Schedule



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).	

Before accepting the first shipment of used oil.



52	

761.30(a)(xi) and (xv)(A) and

.30(h)(1)(ii)(B)	

Notify National 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.



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.	

Prior to disposal in the landfill.



56	

761.60(b)(5)(i)

(A)(1)	

Include natural gas pipes that contain PCBs in public service
notification programs.  	

Before abandoning natural gas pipes.





57	

761.60(f)(1)(i)	

Notify state and local officials of PCB disposal in chemical waste
landfill, incinerator, or an alternate PCB disposal technology.	

At least 30 days before a facility is first used.



58	

761.60(f)(1)(ii)	

Provide annual notice to State and local governments about PCBs disposed
of during the year.	

At the request of the State or local governments.



59	

761.60(j)(1)(ii)	

Notify state and local environmental officials (as well as EPA) of PCB
disposal R&D activities.	

30 days prior to initiating R&D activity.



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 state and local environmental officials (as well as EPA) of
self-implementing 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 temporarily store the item/container in an area that does not
comply with the storage requirements of 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 laboratory for testing.  



Subpart G—PCB Spill Cleanup Policy



67	

761.125(a)(1)	

Report spills involving 1 pound or more by weight of PCBs to the
National 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 PCB 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 waste when disposal
of each item is complete for a manifested PCB waste shipment.  	

Within 30 days after the disposal date.



6.  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 regulated
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, 2010a 2010b, 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 hourly 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 (BLS) Employer
Costs for Employee Compensation (ECEC) data for private industry (BLS,
2010).  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 analyses (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. Fully loaded costs for managerial, profession/technical,
and clerical labor are calculated as shown in Table 6-1.  

Burden summary.  The total estimated time for respondents to comply with
the reporting, third-party reporting, and recordkeeping requirements of
this Consolidated ICR is 685,330 hours.  The annual burden associated
with respondents complying with the reporting requirements of this
Consolidated ICR is estimated to average 150,986 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 ICR is estimated to average 518,749 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, respectively.  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.

TABLE 6-1

 DERIVATION OF LOADED RESPONDENT WAGE RATES

Labor Category	BLS Series	Wage

(a)	Fringe Benefit

(b)	Fringes as % wage

(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	 
=d2/c2*100 \# "0%"  43% 	17%	  =e2+f2+1 \# "0.00"  1.60 	$61.42

Professional/

Technical	Professional and related	$32.16	$12.87	40%	17%	7	$50.50

Clerical	Office and administrative support	$15.65	$6.67	  =d4/c4*100 \#
"0%"  43% 	17%	0	  =c4*g4 \# "$#0.00;($#,##0.00)"  $24.98 

Methodology Source: Rice, 2002; Data Source: 2009 December wage data,
BLS, 2010.

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 sections 2 and 5, rather than to rearrange and present the
data by respondent type.  EPA anticipates that no one individual would
be subject to all of the requirements 40 CFR Part 761.  Refer to section
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 ICR.  Refer to section
6(a), above, for an explanation of the wage rates used, which are as
follows:	

Managers—$61.42

Professional/technical—$50.50

Clerical—$24.98

There is one capital cost associated with this ICR.  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 included in this
renewal as no new regulations have been promulgated that involve
paperwork burdens.  One-time requirements remain annualized for a
three-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, photocopying, 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 note that variations in some of the
totals on the tables are caused by rounding.TABLE 6-2

REPORTING BURDENS UNDER TSCA SECTION 6(e):  ICR 1446.10, 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 section 6(e)(3) to manufacture
(import), process, or distribute in commerce (export) 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.	

One hour	

318 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 use 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.  



5	

761.30(i)(1)(iii)

(A)(1)	

Submit a description of a natural gas pipeline system that contains  >50
ppm PCBs, if requested by EPA.	

20 hours	

One system	

EPA expects this to be a rare occurrence.  Only one description was
submitted during the past few years, as tallied for this ICR renewal
process.



6	

761.30(t)(3)	

Obtain approval for the use of PCBs in other gas or liquid systems.	

20 hours	

0	

No respondents anticipated.



7	

761.35(b)	

Obtain approval for PCB Articles stored for reuse for >five 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 five-year storage period ends in 2013.  The
ten-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 reporting period also indicated that EPA
granted approximately three waivers per year. EPA estimates that each
request will cover approximately 75 items. 



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 PCB disposal for persons not following
self-implementing requirements.  	

40 applications per year, as follows: five new incinerator applications
(3,000 hrs to prepare); 15 applications for incinerator modifications
and 15 new permit and modification applications 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) + (700 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	

Five facilities	

The estimated total number of respondents remains the same, based on the
number of notifications the Agency has received over the past few years.



10	

761.60(j)(1)(ii)	

Notify EPA (as well as state and local) officials prior to conducting
R&D on PCB disposal activities.	

Six hours	

Ten 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 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-implementing requirements, as per paragraph (j) of this section.  	

20 hours	

0	

No respondents anticipated.  



12	

761.61(a)(3)(i) and (ii).  	

Notify EPA (as well as state, 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 respondents 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 self-implementing activities.	

Two 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 notifications
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.  	

Four 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 respondents stayed the same based on the number of
applications the Agency has received in the past few years.



18	

 761.65(a)(2)	

Notify of continuing attempts to secure disposal and to request a
one-year storage extension.	

Three hours	

Five waste storers	

Combined for 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 one-year
extension, including 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 completion 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 RA 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.	

Two hours	

Ten times	

Number of requests stayed the same based on the number the Agency has
received in the past few years.



24	

761.65(g)(9)	

Notify issuing authority of modifications to commercial storage
facilities.	

Two hours	

Seven storage facilities	

Number of notifications stayed the same based on the number the Agency
has received 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 does 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).	

Eight hours	

Five facilities	

Note that the hourly estimate includes 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.



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.  	

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 assessments, 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 RA for coordinated approval and additional
information, as requested by EPA.  Submit an application for TSCA
disposal approval, if the RA 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)	

Six 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 in 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 decontamination approvals of alternative
decontamination or sampling methods.  EPA may request additional
information.	

1,600 hours	

20	

Number of notifications remained the same.  



Subpart E—Exemptions



34	

761.80(e)(1) and (i)(1)	

Submit R&D exemption petition to qualify for the class exemptions to
manufacture 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	

One company	

Number of respondents is based 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.)  	

One hour	

One 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.



37	

761.80(e)(4)	

Notify EPA before beginning R&D activities that include the manufacture
of PCBs.	

20 hours	

One 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	

There have been no such requests in the past several years.  Total
captured in Item # 34.



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
disposal.	

___	

___	

Burden is reported at 761.20(b) and (c)(1) and (3).  See # 34.





Subpart G—PCB 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 remained 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, chemical
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 generated by 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 (U.S. EPA,
2010a, 2010b and 2010c).  



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 insignificant
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 and no
submissions in 2007, 2008, and 2009.  The number of submissions is
declined 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
containing 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.



Subpart K—PCB 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 handlers	

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 PCB 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.	

Two 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 RA 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.



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.	

Two 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 Performance-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.  

TABLE 6-3

THIRD-PARTY REPORTING BURDENS UNDER TSCA SECTION 6(e):  ICR 1446.10,
SECTION 6(a)

Ref.  #	Regulatory Section(s)  	Collection Requirement 	Time Estimate
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 requirement at 761.71(a)(2).	

One 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
National Response Center.	

0.167 hour (10 minutes)	

22 calls	

National Response Center data for 2009 indicate the Center received a
total of 200 PCB-related calls (U.S. Coast Guard, 2009).  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 (22 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.	

—	

—	

cur if a mineral oil transformer in a location near food 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



55	

761.60(a)(3)(ii)	

Provide 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
notification 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 state and local officials with notification prior to first use
of an approved chemical waste landfill, 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 follows:  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 state or local governments, at their request.	

0.5 hour	

—	

Since the annual reporting requirement to State/local governments would
be initiated at the State or local government level, EPA has no way of
estimating this total burden.  



59	

761.60(j)(1)(ii)	

Notify state 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.



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.	

One 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, 2010a).  



61	

761.61(a)(3)(i)	

Notify state and local officials (as well as EPA) of self-implementing
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.	

Two 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.	

Three 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.





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 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 

(five minutes)	

93,120

items,

containers,

and article

containers	

ontain ≥500 ppm PCBs (46,560 PCB Items). There will be as many PCB
containers and article containers as articles, 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
container.

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.  



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—PCB Spill Cleanup Policy



67	

761.125(a)(1)	

Report certain spills of PCBs to the National Response Center.  	

0.167 hours (10 minutes)	

223 incidences	

New average based on the number of PCB-related incidences reported to
the National Response Center for 2009 (U.S. Coast Guard, 2009).  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).	

One hour	

212 sites	

Revised estimate assumes that the > one-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 223 spills reported for 2009 (U.S. Coast Guard, 2009).  

The capital costs for placing the sign is assumed to be $50 per site
(e.g., for posts, labels, etc.), for a total of $10,600. 



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
delegate 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 2010a). 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 be transferred to other entities (e.g., sold,
loaned, leased, sent for servicing).



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.	

0.083 (5  minutes) average	

61,074 items	

According to a compilation of the PCB Annual Reports, from 1998 to 2008,
an annual average of 61,074 items (PCB capacitors, article containers,
transformers, and PCB containers) were transferred to another facility
(e.g., a storer or disposer) (U.S. EPA, 2008).  Each item or container
of items or waste transported from a generator either to a storer or
disposer requires information included on a manifest.  To compile the
original information for the first manifest that accompanies a piece of
equipment or container would take about ten 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 five minutes
per item (0.083 hours).  Refer to # 101 and # 102.



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.	

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 item 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 Items transferred, only 3,054 manifests or
shipping papers need to be returned. Refer to # 101 and # 102.



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.  	

0.25 hour (15 minutes) average

	

 4,022 certificates	

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, then there are a total of 4,022 certificates.  This number is
similar to the total reports in Item # 70, but assumes that the
information on the certificates 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 not
be sent on the same certificate, although it is based on the information
from the manifest or shipping paper).  Even when a facility must input
data for each item, most of the required information is readily
available for a majority of cases.  Also refer to # 101 and # 102.

TABLE 6-4

RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.10, 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 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.	

0.25 hours (15 minutes)	

—	

No significant burden anticipated.



74a,b	

761.30(a)(1)(xii) and (xiv)	

Maintain records of inspection and maintenance history for at least
three years after the disposal of a PCB transformer, including records
of registration, as per 761.30(a)(1)(vi)(C).	

0.05 hour (three minutes) to track inspection data; 0.033 (two 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 transformers
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 the 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 disposed transformers is insignificant.



74c,d	

761.30(a)(1)(xii) and (xiv)	

Maintain records of inspection and maintenance history for at least
three years after the disposal of a PCB transformer, including records
of registration, as per 761.30(a)(1)(vi)(C).  Accounts for the reduced
number of transformers 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 (three

minutes) to track

inspection data; 

0.033 (two 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 #74a and b, this
requirement shows the estimated savings for the reduced number of
transformers that will be subject to this requirement.  



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 three years
after PCBs reduced to <50 ppm.	

Four hours	

100 systems	

It is not anticipated that new records will need to be developed;
historical data can be used.



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).  It was reported in the cost analysis that equipment owners
will store 182,700 PCB articles for <five years in areas that do not
comply with 761.35(b) and 6,525 PCB articles for >five 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 of pieces of equipment is approximately 10%
less, or about 170,303.





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, 2010a).



80	

761.61(a)(3)(i)(E) and (a)(6)

	

Retain records 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 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.	

One hour	

100 sites	

Also see 761.295.





81	

761.61(a)(3)(iii)	

Retain original waivers from the self-implementing remediation
requirements received from the RA, state, 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.	

Four hours	

26 sites	

Estimate is 15 percent of 170 total 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.	

Four hours	

76 waste storers	

Number of waste storers is one percent of the total number of waste
generators and storers (7,648) listed in the Notification of PCB
Activity Quarterly Reports (U.S. EPA, 2010a).  



85a,b

	

761.65(c)(1)(iv)	

 containing liquid PCBs at ≥50 ppm in areas that do not comply with
the storage requirements of 761.65.	

60 hours/new plan; two hours/adapted plan	

Five new

respondents; ten adapt existing plans	

It is estimated that only five waste generation facilities will be
required to prepare plans from scratch and ten 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	

Five facilities	

It is not foreseen that many facilities will enter into the PCB storage
business each year.



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, 2010b).  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	

Five incinerators	

From the EPA’s list of Commercially Permitted PCB Disposal Companies
(U.S. EPA, 2010c).



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 five of these HEBs (from EPA Region VI) are used
intermittently, so that total hourly burden may actually be less than
indicated in this report.  Total number of HEBs is based on EPA estimate
of two per region.



91	

761.72(a)(9) and (b)(6)	

Record and retain records of temperature readings from scrap metal
recovery ovens.	

Three hours 	

Eight ovens	

From EPA’s list of Commercially Permitted Scrap Metal Recovery Ovens
(U.S. EPA, 2010d).



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 coordinates for PCBs and PCB items, water
sampling and analysis, and additional records as required in 761.180.  	

843 hours	

Ten landfills	

From EPA’s list of Commercially Permitted Disposal Companies (U.S.
EPA, 2010c).





93	

761.79(d)(4) and Subpart T	

Retain test/validation results of PODFs and VADFs.	

0.5 hour	

Five facilities	

Estimate is five 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-implementing
decontamination procedures.	

Two 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, 2010a).



96	

761.80(g)(1)	

Keep records of PCB processing and distribution 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—PCB Spill Cleanup Policy



97	

761.125(b)(3) and (c)(5); .61(a)(9)	

Maintain records of cleanup and certification of decontamination.	

Eight hours	

223 sets of records	

Based on the annual number of spills reported to the National Response
Center in 2009 (U.S. Coast Guard, 2009).  



98	

761.125(c)(1)	

Maintain records documenting delay in spill cleanup activities and areas
of visible contamination.	

0.5 hours	

11 sites	

It is anticipated that 5 percent of the total number of spills, as
reported above, would face delays in cleanup.



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 five
years after facility ceases, including manifests, CDs, records of
inspections 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/disposal of PCBs that have been provided to as well as received
from any state/local agency and any application/ correspondence
submitted to permitting authorities.	

52 hours	

7,534 waste

handlers	

The time to keep the annual log varies widely, based on the level of PCB
activity taking place and the volume of PCBs and PCB items 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 commercial storers and disposers (114
facilities).  (U.S. EPA, 2004a, 2005a, 2010c, and 2006).



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.	

Five hours to file records; five hours to maintain previous reports	

35 respondents	

Number of respondents remained the same based on recent Agency records.





Subpart K—PCB 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 # 69 and # 70.



102	

761.218(c)	

Maintain a copy of each certificate 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 # 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	

Five facilities 	

No change.



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



Ref #	 Regulatory Citation	 Information Collection Activity	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/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 discovered PCB
Transformers	1	 -	 -	1	$61	318	318	$7,443[e]

5	761.30(i)(1)(iii)(A)(1)	Submit descriptions of gas pipeline systems	8
10	2	20	$1,046	1	20	$399[e]

7	761.35(b)	Obtain approval for PCB Article storage in a facility that
does not meet 761.65(b)	 	0.166	 	0.166	$8	255	37	$719e]

 	 	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	761.60(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-imp. remediation	30	50
20	100	$4,867	58	5,800	$282,292

13	761.61(a)(3)(ii)	Notify EPA of self-imp. remed. changes	 -	2	 -	2
$101	13	26	$1313

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	$1,816	5	200	$3,459e]

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
$88	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

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 manufacture 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/submit 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	$15	45	11	$691

 	 	Subpart K	 	 	 	 	 	 	 	 

44	761.202(a), 205(a - e)	Notify EPA of PCB waste activity	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	$88	325	650	$28,677

48	761.211(b)	Notify EPA of unmanifested waste	 -	0.5	 -	0.5	$25	17	9
$492

49	761.211(c)	Submit unmanifested Waste Reports	 -	1.5	0.5	2	$88	57	114
$5,029

 	 	Subpart T	 	 	 	 	 	 	 	 

50	761.395, .398	Submit results of validation study analysis	1	14	1	16
$793	5	80	$3,967

 	TOTALS	 	 	 	 	 	 	 	150,986	$3,348,414

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 three-year period for the one-time requirements of numbers 3-9,
16, 17, 21, 22, 25, 31, and 33.



TABLE 6-6 ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE -
THIRD-PARTY REPORTING	



 	 	 	 Hours and Costs Per Respondent	   Total Hours and Costs

 	 	 	Mgr. @	Tech. @	Cleri. @	Hours/	Labor

Total	Total	Total

 	 	 	$61.42	$50.50	$24.98	Respond./	Cost/	Capital	# of	Hours/	Cost/

Ref #	Regulatory Citation	Information 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 gov'ts of PCB disposal	 -	0.333
0.167	0.5	$21	 -	600	300	$12,592

60	761.60(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 recording	 -	3	-	3	$151	 -
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 Response
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	212	212	$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	$16	 -	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	$13	 -	4,022	1,006	$50,775

 	TOTALS	 	 	 	 	 	 	$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
respondents.  Totals may not add due to rounding. [f] Total costs are
annualized using a discount rate of 7% over a three-year period for the
one-time requirements of number 68. 



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	Information Collection Activity	Hour	Hour	Hour
Year[a]	Year[b]	Respon.	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 according 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 secure 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 facilities 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

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 waste
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	$25	5
3	$48[e]

94	761.79(f)(1), (2)	Keep decontamination sampling records	 -	2	 -	2
$101	100	200	$3,848[e]

 	 	Subpart E	 	 	 	 	 	 	 	 

95	 761.80(e)(5), (i)(7)	Keep records of PCB manufacture/
processing/distribution in commerce 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

 	 	Subpart 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	$137

 	 	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	7,534	391,768	$13,081,073

100a	761..185(c)(2) and .193(a), (b)	Maintain monitoring data of
inadvertent  PCBs	 -	5	 -	5	$252	25	125	$6,312

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	 761.218(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	$17,650,856

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

6(c)	Estimating Agency Burden and Cost

The estimated Agency burden associated with this Consolidated ICR is
shown 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
hourly 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 ($18.45), using the 20010 General Schedule Salary
Table, effective January 2010 (U.S. OPM, 2010).  (Note that Tables 6-8
and 6-9 appear at the end of section 6(e).)

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

Refer to Tables 6-2 through 6-7 for this information.

6(e)	Bottom Line Burden and Costs

(i)  Respondent Tally

As indicated on Table 6-5, the total respondent reporting burden is
150,986 hours and $3,348,414.  As indicated on Table 6-6, the total
respondent third-party reporting burden is 15,595 hours and $840,444. 
As indicated on Table 6-7, the total respondent recordkeeping burden is
518,574 hours and $17,650,856.  Table 6-10 summarizes the respondent
burdens and costs for each applicable subpart of 40 CFR 761.  As shown
on the table, the total paperwork burden for this Consolidated ICR is
685,155 hours and $21,845,361.

(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 the federal government.



TABLE 6-8 ANNUAL AGENCY HOURLY BURDEN FOR THE CONSOLIDATED ICR
SUPPORTING STATEMENT COVERING THE PCB 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	

Five renewal petitions: two 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 four days.



Review exclusion submissions; record/enter submissions; analyze requests
for confidentiality and provide appropriate protection; store data.	

Six hours	

0 submissions	

—



Review technology-based disposal applications; attend demonstrations
(EPA engineers 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 last
several years and is expected to remain so.



Review facility records, including annual reports.	

Two hours per  review	

1,100 inspections	

Based on Compliance Monitoring Plan, maximum number of inspections for
all ten EPA Regional Offices 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 three	

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.



Process PCB notification forms; update Notification of PCB Activity
Quarterly Reports; respond to inquires regarding 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 respondents.



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

	

—	

See comment above.

Review requests for approval for PCB Articles stored for reuse >five
years.	Two hours/ submission	One submission	In 2008 the Storage for
Reuse provision in # 7, Table   6-5, will be up for renewal. Based on
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 five years, this is 17
applications per year.

Review requests for risk-based disposal and coordinated approvals and
alternate 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 hours/year
figure corrects erroneous figure (23,675) in previous ICR supporting
statement.

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
Hours 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]

PCB Manufacturing, Processing, and Distribution 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	$37	 -	1	2	$34

Federal Register publication	1	24	8	33	$987	$1,500	1	33	$2,407

SUBTOTAL

409	$14,865

PCB 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	 -	500	2,000	$65,460

Index/file data	-	-	4	4	$74	 -	500	2,000	$36,900

SUBTOTAL	

 

 

 	10,000	$298,740

PCB 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

Store data	-	2	-	2	$60	 -	0	0	$0

SUBTOTAL	

 

 

 	0	$0

PCB Disposal Permitting Regulation

Review applications	-	312	-	312	$10,212	 -	15	4,680	$153,176

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	$33	 -	15	15	$491

SUBTOTAL

9,615	$315,340

Notification and Manifesting for PCB Waste Activities

Record and retain scrap metal recovery oven 	-	2	-	2	$65	 -	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 for regulatory interpretations and
inquiries regarding the PCB notification and Transformer Registration
Programs	-	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

Review requests for approval for PCB Articles stored for reuse >five
years	 -	2	-	2	$65	 -	1	2	$65

Review requests for risk-based disposal 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 interpretations

	-	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.

TABLE 6-10 SUMMARY OF RESPONDENT BURDENS AND COSTS BY SUBPART

Subparts	Total # of Respondents	Total Hours Per Year	Total Hours Per
Respondent[a] 	Total Cost Per Year	Total Cost Per Hour[b]



Reporting



Subpart B	544	375	0.690	$8,560	$23



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	1,810	150,986	 	$3,348,414	$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	$26



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	30,684	74,960	2.443	$2,115,887	$28



Subpart E	54	648	12	$32,722	$50



Subpart G	234	1,790	7.647	$81,280	$45



Subpart J	13,677	392,963	29	$13,114,115	$33



Subpart T	5	80	16	$1,539	$19



Subtotal Recordkeeping	373,515	518,574

$17,650,856	$34



Totals	538,286	685,155

$21,839,714	 

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

There is a decrease of 10,900 hours (from 696,055 hours to 685,155
hours) in the total estimated annual respondent burden compared with
that identified in the information collection most recently approved by
OMB.

The changes in the total annual respondent reporting and recordkeeping
burdens over the course of the requested clearance 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 for a particular requirement.  The
up-to-date wage rates and the change from the previous ICR are as
follows:

These burden changes were the result of new data gathered for this ICR
effort as well as another recent PCB regulatory analysis, estimate
adjustments made for consistency with the more recent Agency report, and
updated Agency data regarding total numbers of regulated entities.

The specific adjustments to this Consolidated ICR 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 newly 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 7 - The approval for the latest year-to-year storage period
ends in 2013, which will occur during this ICR period.  EPA estimates
that it will grant approximately three 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 by 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 three 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 on the number if submissions received by the
agency in the past few years.  This decreases the burden by 20 hours. 

Item number 52 - An overview of NRC data indicates that the number of
calls involving reports of fire incidents and PCB spills decreased
slightly from 27 calls to 22 calls. This decreases the burden by 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 Activity Quarterly Reports (U.S. EPA, 2010a).  This
increases the burden by 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 reported to the National Response Center for 2009
(U.S. Coast Guard, 2009).  This decreases the burden by seven hours.    


Item number 68 - The number of sites decreased slightly from 252 to 212.
 Revised estimate assumes that the >one-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 by 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 Containers) were
transferred to another facility (i.e., a storer or disposer) (U.S. EPA,
2008).  This decreases the burden by 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, only 3,054
manifests or shipping papers need to be returned.  This decreases the
burden by 92 hours.

Item number 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 Quarterly Reports (U.S. EPA, 2010a).  This increases the
burden by 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 one percent of the total number of waste generators and
storers (7,648) listed in the Notification of PCB Activity Quarterly
Reports (U.S. EPA, 2010a).  This increases the burden by 52 hours.  

Item number 88 - The number of commercial storers decreased from 73 to
66.  The total number of storers was obtained 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 four
to five.  This number is from EPA’s list of Commercially Permitted PCB
Disposal Companies (U.S. EPA, 2010c).  This increases the burden by 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 five percent of the total number of spills, as
reported in number 97, would face delays in cleanup.  This decreases the
burden by one hour. 

Item number 99 - The total number of facilities increased from 7,517 to
7,534. This number is determined by the total number of PCB waste
handlers minus the total number of commercial storers and disposers. 
This increases the burden by 884 hours. 

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 by 92 hours for item number 101 and it decreases
the burden by 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



7	-1,000



41	-1,180



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	-5,901



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 1.21
hours per response.  According to the Paperwork Reduction Act,
“burden” means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a federal agency.  For this collection it
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.  An agency may not conduct or sponsor, and a person is not
required to respond to, a 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.

To comment on the Agency’s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under docket ID No.
EPA-HQ-OPPT-2010-0910, which is available for public viewing at the
Pollution Prevention and Toxics Docket in the EPA Docket Center
(EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington,
D.C.  The EPA Docket Center Public Reading Room is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays.  The
telephone number for the Reading Room is (202) 566-1744 and the
telephone number for the Pollution Prevention and Toxics Docket is (202)
566-0280.  

An electronic version of the public docket is available through EPA
Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to submit
or view public comments, access the index listing of the contents of the
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select “search,”
then key in the docket ID number identified above. Also, you can send
comments to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street, NW, Washington, D.C.  20503,
Attention: Desk Office for EPA.  Please include the docket ID No.
EPA-HQ-OPPT-2010-0910.

REFERENCES

BLS, 2010.  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.

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Davis, 2003.  Telephone conversation between Mary Davis, PCB Committee
Chair.  Utility and Solid Waste Advisory Group (USWAG) and Carol Wendel,
Eastern 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 Reynolds, U.S. Environmental
Protection Agency, Office of Pollution Prevention and Toxics.  October
26.

ERG, 1993.  Assessment of the Benefits of the Proposed Standard on
Electric 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
Research 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 Analysis Branch,
June 10.

U.S. Coast Guard, 2009.  National Response Center.  Query/Download NRC
Data.  (http://www.nrc.uscg.mil/foia.html).  September 2.

U.S. EPA, 2010a. Notification of PCB Activity Quarterly Reports. 
(http://www.epa.gov/pcb/pubs/data.html).  September 2.

U.S. EPA, 2010b.  Commercial Storage Approvals Issued under 761.65(d). 
(http://www.epa.gov/epawaste/hazard/tsd/pcbs/pubs/comstor.htm). 
September 2.

U.S. EPA, 2010c.  Commercially 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 2008.  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: 2070-0112, EPA ICR No:
1446.08, Office of Pollution Prevention and Toxics, Economic and Policy
Analysis Branch, Washington, DC: November.

U.S. EPA, 2004b. Appendix A: Data Acquisitions Report for an Economic
Analysis of Phasing Out PCB Transformers and Large Capacitors, Office of
Pollution Prevention and Toxics, Economic and Policy Analysis Branch,
Washington, 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.  Reclassification of PCB and
PCB-Contaminated Electrical Equipment Rule: Supporting Analysis for
Small Entity, Environmental Justice, and Unfunded Mandates
Certifications.  September 28.

U.S. EPA, 1998a.  United States Environmental Protection Agency, Office
of 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 (ICR 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 Wastes.  EPA Contract No.
 68-02-4235.  July 28.

U.S. EPA. Supporting Statement.  Polychlorinated Biphenyls (PCBs):  
Manufacturing, Processing, and Distribution in Commerce Exemptions; ICR
857.

U.S. EPA. Supporting Statement.  PCB Use in Electrical Equipment and
Transformers; ICR #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
ICR #1012.

U.S. EPA. Supporting Statement.  Combination/renewal of two existing
ICRS: Polychlorinated Biphenyls (PCBs) Use, Storage, and Disposal
Recordkeeping Requirements; EPA ICR #583 and PCBs: Notification and
Manifesting for PCB Waste Activities; EPA ICR #1446.

U.S. EPA. Supporting Statement.  Combination/renewal of two existing
ICRS: Polychlorinated Biphenyls (PCBs) Use, Storage, and Disposal
Recordkeeping Requirements; EPA ICR #583 and PCBs: Notification and
Manifesting for PCB Waste Activities; EPA ICR #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
ICRS: Polychlorinated Biphenyls (PCBs) Use, Storage, and Disposal
Recordkeeping Requirements; EPA ICR #583 and PCBs: Notification and
Manifesting for PCB Waste Activities; EPA ICR #1446. 

 

U.S. EPA. Supporting Statement.  Import of PCB Wastes for Disposal, EPA
ICR #1770.01; OMB Control No. 2070-0149.

U.S. OPM, 2010.  Salary table 2006-GS; 2010 General Schedule.  U.S.
Office of Personnel Management, Washington, DC.  September. Available at
http://www.opm.gov/oca/10tables/indexGS.asp.

 The Census Bureau’s Statistics of U.S. Businesses does not classify
entities 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.

 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 electricity 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.

 75 items is based on the average number of items from the previous ICR

TABLE 1-1, continued

 SUBPARTS AND SECTIONS OF 40 CFR 761

 PAGE   

 PAGE   102 

 PAGE  7 

TABLE 2-1, continued

REPORTING REQUIREMENTS UNDER TSCA SECTION 6(e), 40 CFR 761

AND USE OF THE COLLECTED DATA:  ICR PART A, SECTIONS 2(a) and 2(b)

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)

TABLE 2-3, continued

RECORDKEEPING REQUIREMENTS AUTHORIZED UNDER TSCA SECTION 6(e) 

AND USE OF THE DATA: FOR ICR PART A, SECTIONS 2(a) and 2(b)

TABLE 5-1, continued

REPORTING SCHEDULE FOR ICR 1446.10, SECTION 5(d)

TABLE 5-2, continued

THIRD-PARTY REPORTING SCHEDULE FOR ICR 1446.10, SECTION 5(d)

 PAGE   

TABLE 6-2, continued

REPORTING BURDENS UNDER TSCA SECTION 6(e):  ICR 1446.10, SECTION 6(a)

TABLE 6-3, continued

THIRD-PARTY REPORTING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.10,
SECTION 6(a)

TABLE 6-4, continued

RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.09, SECTION 6(a)

TABLE 6-4, continued

RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e): ICR 1446.10, SECTION 6(a)

 PAGE   113 

  PAGE  121 

