
Supporting Statement for an Information Collection Request (ICR)
Under the Paperwork Reduction Act (PRA)
EXECUTIVE SUMMARY
Identification of the Information Collection  -  Title and Numbers
Title:
PCBs, Consolidated Reporting and Recordkeeping Requirements
EPA ICR No.:
1446.14
OMB Control No.:
2070-0112
Docket ID No.:
EPA-HQ-OPPT-2017-0647
Abstract
The Toxic Substances Control Act (TSCA) section 6(e), 15 USC 2605(e), directs the Environmental Protection Agency (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. Implementing regulations have been codified in 40 CFR 761, as shown in Table 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 - .219
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 addresses reporting and recordkeeping requirements found in the rules identified above. 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 previously approved by the Office of Management and Budget (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.
Summary Table 

                            Number of Respondents 
                          Annual Number of Responses 
                          Total Annual Burden (Hours)
                            Total Annual Costs ($)
Reporting Requirements
                                      845
                                       1
                                    120,536
                                  $4,392,974
Third Party Disclosure
                                    27,209
                                       1
                                     3,766
                                   $284,020
Recordkeeping
                                    48,204
                                       1
                                    553,741
                                  $27,141,447
Total
                                    76,258
                                       1
                                    678,043
                                  $31,818,441
Agency
                                       -
                                       -
                                    24,801
                                  $1,200,267
      
SUPPORTING STATEMENT
1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
The reporting and recordkeeping requirements of this consolidated ICR are implemented under the TSCA authorities at 15 USC 2605(e). To meet its statutory obligations, EPA must obtain sufficient information to conclude that the specified activities do not result in an unreasonable risk of injury to health or the environment (Attachment 1). 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 1-A, 2-A, and 3-A (located in the Appendix) 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 Supporting Statement. Item numbers in the first column of the tables in the Appendix 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) (Attachment 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 was informed in writing of the alternative mark by October 3, 1988, and (iv) the Regional Administrator 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. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the Agency has made of the information received from the current collection.
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 1-A, 2-A, and 3-A, contain information on the specific use of the data for each information collection. (See Appendix.)
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection.  Also describe any consideration of using information technology to reduce burden.
Currently, given the nature of the collections and disclosure requirements, all of the PCB information collections are done in hard copy form. Although the content of these various collections has been specified earlier in this Supporting Statement, the majority of the collections do not require the use of a specific form or format. Only two of the collections involve a specifically prescribed form. EPA is currently engaged in the adoption of an electronic manifesting system for RCRA hazardous wastes. As many of the RCRA provisions for the Uniform Hazardous Waste Manifest are incorporated by reference into the PCB regulations at 40 CFR Part 761 Subpart K, the electronic manifest can in most instances also be used for PCB waste shipments, at the option of the user.
Requests for disposal approval may be submitted in the form most convenient to the applicant. Because of the nature of the information (i.e., CBI, engineering blueprints), much information is still submitted on paper, rather than electronically, but EPA encourages and readily 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. 
4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
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 the Resource Conservation and Recovery Act (RCRA), Clean Water Act (CWA), Clean Air Act (CAA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) could be used by EPA to address air and water emissions and process waste concerns (§761.187); and that the Emergency Planning and Right-to-know Act (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.
5. If the collection of information impacts small businesses or other small entities, describe the methods used to minimize burden.
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 a 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.
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 (U.S. SBA, 2010)
 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, represents a major, albeit steadily declining, 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 and 80 percent of the mineral oil transformers, with the remainder owned by non-utility industrial enterprises (U. S. EPA, 2004). 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 (U.S. SBA, 2010)
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. Updating this table with census data (U.S. Census, 2007) suggests that in addition to the estimated 8,911 non-utility entities with high-voltage equipment, 1,858 electric utilities own high-voltage equipment. Similarly, 8,571 small non-utility entities and 1,681small utility entities are estimated to own high-voltage equipment. Additionally, comments submitted to EPA by the Utility Solid Waste Activities Group (USWAG, 2010) suggests that companies have disposed of approximately 2 to 3 percent of PCB equipment annually, with PCB equipment estimated to be phased out by 2029. This indicates that the number of small businesses being impacted continues to decrease.
6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden. 
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 re-notify. The notification requirements regarding installation of PCB Transformers in emergency situations and for owners who elect not to install enhanced electrical protection on lower voltage secondary transformers were one-time notifications that were to be 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.
7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.
 requiring respondents to report information to the agency more often than quarterly; 
 requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it; 
 requiring respondents to submit more than an original and two copies of any document; 
 requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years; 
 in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
 requiring the use of a statistical data classification that has not been reviewed and approved by OMB; 
 that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
 requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.  
Not applicable. 
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken in response to the comments. Specifically address comments received on cost and hour burden. 
Describe efforts to consult with persons outside EPA to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. 
Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.
Pursuant to 5 CFR 1320.8(d), EPA will publish a notice in the Federal Register, announcing the planned renewal of this information collection activity, soliciting public comment on specific aspects of the ICR and providing a 60-day public comment period.
In addition to the public notice that EPA will publish in the Federal Register concerning the renewal of this ICR, EPA staff will contact appropriate stakeholders and ask them for their assessment of the regulatory burden estimates expressed by the Agency in this ICR. A summary of these consultations will be provided in Attachment C.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees. 
This question is not applicable to this ICR
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. . If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.
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.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
EPA asks no questions of a sensitive nature. 
12. Provide estimates of the hour burden of the collection of information.
 Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices. 
 If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
 Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under `Annual Cost to Federal Government'.

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 and 80 percent of the mineral oil transformers, with the remainder owned by non-utility industrial enterprises (U.S. EPA, 2004).
    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).
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 EPA Regional Administrator and compile and submit the requisite information. Utilities and other owners of PCB-contaminated equipment must create or modify their Spill Prevention, Control, and Countermeasure Plan (SPCC) if 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 EPA Regional Administrator before disposing of these wastes. Individuals disposing of PCB waste, such as in a high efficiency boiler, must notify the Regional Administrator about the activity.
Waste handlers attempting to secure disposal must maintain records of these attempts to be granted an automatic one-year extension to store wastes beyond the one-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, Appendix D), which provides information on the amended activity.
To handle PCB remediation wastes under the self-implementing option, site owners must notify the EPA Regional Administrator and other authorities about the remediation activities and submit a written certification to the Regional Administrator that site sampling and waste characterization plans are on file at a specified location. Generators of bulk PCB remediation waste must provide written notice to off-site waste handling facilities about the quantities that will be shipped to the facilities and the highest concentration of PCBs in the shipment. 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 EPA Regional Administrator. 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 Regional Administrator of any changes relating to the waste management documents that serve as the basis for the coordinated approval.
Owners and Operators of PCB Disposal Facilities: These 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 EPA Regional Administrator, 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 EPA Regional Administrator 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 9 months from the date of removal of the Item from service or when they have not received within 13 months from the date of removal from service for disposal a Certificate of Disposal confirming the disposal of the Item, as applicable.
Users of PCB waste storage containers can use containers other than those prescribed 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 EPA Regional Administrator. They are required to adhere to recordkeeping and reporting requirements, submit additional information as required by EPA or submit an application for a TSCA PCB approval, and notify the Regional Administrator of any changes relating to the waste management documents that serve as the basis for the coordinated approval.
Operators of laboratories who wish to exceed quantity limitations for the manufacture, processing, or distribution in commerce of PCBs will have to submit requests to EPA.
Other Individuals (e.g., 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. Documentation of data and actions must also be made available to EPA upon request. 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 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.
Burden Analysis
To update the respondent burden for this ICR, the hourly burdens and the total number of respondents for each requirement was reviewed by EPA using a number of data and information sources and consultations with regulated entities, prior to submission of the amended ICR to OMB for approval. The level of effort has been updated to reflect the current best estimates in this ICR. 
The current ICR data is based on several sources. One data source used to support this ICR was. an Inventory and Cost Estimates for PCB-Containing Electrical Equipment Owned/Operated by U.S. Electrical Utilities, prepared by ENVIRON and submitted by the Utility Solid Waste Activities Group in rulemaking comments to EPA in 2010 (USWAG, 2010). This industry-commissioned document includes updated estimates of PCB electrical equipment, including transformers and capacitors, as well as projected rates of equipment retirement. Other data sources include EPA's PCB Annual Report, List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities, National List of Facilities that have Notified of PCB Activity, PCB Transformer Registration database and the U.S. Coast Guard's National Response Center. Prior to this update, EPA's PCB Regional Coordinators were also contacted to obtain information about the number of notifications, etc., that were submitted to the Agency over the existing ICR period (2019, 2020, and 2021). In EPA Headquarters, OLEM and OCSPP also reviewed relevant data on number of notifications, applications, etc.  Information was also obtained from the public comments on the draft ICR, summarized in section 3(b). 
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) supplementary tables data for private manufacturing industry workers (BLS, 2021. 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 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 678,043 hours. The annual burden associated with respondents complying with the reporting requirements of this Consolidated ICR is estimated to average 120,536,816 hours industry-wide. The total third-party reporting burden is estimated to average 3,766 hours, industry-wide, and the total recordkeeping burden of this Consolidated ICR is estimated to average 553,741 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 2 to 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. Also note that the burdens associated with requirements numbers 46,49,60,69,70 and 71 reflect PCB regulatory provisions that incorporates RCRA Universal Hazardous Waste Manifest provisions by reference or otherwise duplicate the RCRA provisions. Since PCB waste is transported using the Universal Hazardous Waste Manifest, the burden for this reporting requirement is already accounted for by EPA ICR number 0801.25 (approved under OMB Control No. 2050-0039 through January 31, 2025), which accounts for all manifest usage, without distinguishing whether a manifest is used for RCRA waste, PCB waste or combination shipments. Therefore, to prevent double counting of manifesting burden hours for PCB waste shipments, the burden for these line items is being reported as 0 in this ICR.
  
Table 1: Manufacturing and Legal Services Industry Wage Rates (2020$)
                                Labor Category
                                 Data Series a
                                     Date
                                     Wage
                                Fringe Benefit
                              Total Compensation
                     Overhead % of Total Compensation [b]
                                   Overhead
                             Hourly Loaded Wages c



                                      (a)
                                      (b)
                                 (c) = (a)+(b)
                                      (d)
                                  (e)=(c)*(d)
                                  (f)=(c)+(e)
Managerial
BLS ECEC, Private Manufacturing industries, "Mgt, Business, and Financial"
                                    Dec-20
                                                                        $54.32 
                                                                        $24.46 
                                                                        $78.78 
                                                                            20%
                                                                         $15.76
                                                                        $94.54 
Professional/ Technical
BLS ECEC, Private Manufacturing industries, "Professional and related"
                                    Dec-20
                                                                        $44.63 
                                                                        $22.45 
                                                                        $67.08 
                                                                            20%
                                                                         $13.42
                                                                        $80.50 
Clerical
BLS ECEC, Private Manufacturing industries, "Office and Administrative Support"
                                    Dec-20
                                                                        $20.86 
                                                                         $9.62 
                                                                        $30.48 
                                                                            20%
                                                                          $6.10
                                                                        $36.58 
Footnotes
[a] Source: Employer Costs for Employee Compensation Supplementary Tables: December 2006  -  December 2020 (U.S. Bureau of Labor Statistics, 2021).
[b] An overhead rate of 20% is used based on assumptions in Handbook on Valuing Changes in Time Use Induced by Regulatory Requirements and Other U.S. EPA Actions (EPA 2020)
c Wage data are rounded to the closest cent in this analysis.

  
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, 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 2 to 4.
Tables 5, 6, and 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 -- $94.54
 Professional/technical -- $80.50
 Clerical -- $36.58

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 136 sites, the total estimated annual capital cost would be $6,800 (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 5 to 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 2: REPORTING BURDENS UNDER TSCA SECTION 6(e)
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.
1 hour
1 PCB Transformers
Only requirements for new disclosures are now applicable. The revised number of disclosures is based on an average of the number of PCB Transformers registered in the existing ICR timeframe (2019, 2020 and 2021). 
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 remains unchanged, based on requests received by the Agency in the existing ICR timeframe. 
5
§761.30(i)(1)(iii)
(A)(1) and (C)
Submit a description of a natural gas pipeline system that contains >50 ppm PCBs, and/or make available documentation of data and actions to comply with use authorization if requested by EPA.
4 hours
0 systems 
No requests were made in the 2019 -2021 existing ICR timeframe and none are anticipated in this ICR period. 
6
§761.30(t)(3)
Obtain approval for the use of PCBs in other gas or liquid systems.
20 hours
0
No respondents anticipated based on no requests in the 2019-2021 timeframe, as well as in previous years
7
§761.35(b)
Obtain approval for PCB Articles stored for reuse for >5 years in a facility that does not comply with §761.65(b).
0.166 hour (10 minutes per piece of equipment)
0 
 No new requests were made in the 2019-2021 timeframe and none are expected in this ICR period. 

                       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. 
15 applications per year, as follows: 5 new applications for incinerator and non-thermal facilities (1240 hrs to prepare); 3 applications for landfill renewals or modifications (700 hrs to prepare); and 7 applications for non-landfill renewals or modifications (460 hrs to prepare); Number of applicants is based on the average number of applications submitted to the Regions and EPA Headquarters during FY2019-FY2021). Updated numbers reflect baseline adjustments and new application groupings, per 2020 amendment to ICR(Non-Substantive Change; EPA ICR No. 1443.13) (Attachment).

Revised weighted average burden decreased to about 768 hours per submission, based on lower numbers for new applications and modifications, as well as a reduced effort due to a new guidance for permit applicants which clarifies and streamlines the application process. [(1,240 x 5) + (700 x 3) + (460 x 7)]/15 (Attachment G.).
9
§761.60(j)(1)(i)
Notify EPA to obtain an identification number for conducting R&D on PCB disposal activities.
1.5 hours
5 facilities
The estimated total number of respondents remains the same, based on the number of notifications the Agency has received over the existing ICR timeframe.
10
§761.60(j)(1)(ii)
Notify EPA (as well as state, and local) officials prior to conducting R&D on PCB disposal activities.
6 hours
10 facilities
Burden reported here for both EPA and third-party notification at Table 3. Estimated total number of respondents remained the same, based on the number of notifications the Agency has received over the existing ICR timeframe.
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. 
2000 hours
0
No respondents anticipated. Time estimate revised to more accurately reflect application preparation time.
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
47 sites
Number of respondents decreased, based on the average number of notifications received by the Agency in FY2019-FY2021. Burden is reported here for this requirement and is listed on Table 3.
13
§761.61(a)(3)(ii)
Notify EPA of changes to notification of self-implementing activities.
2 hours
6 sites
Number of respondents decreased based on the average number of notifications the Agency has received over the existing ICR timeframe. 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 existing ICR timeframe.
15
§761.61(a)(8)(i)
(B)
Submit certification of recording the deed notation required under paragraph (a)(8)(i)(A) of this section has been recorded. 
4 hours
28 sites
Number of sites stayed the same based on the number of notices the Agency has received in the existing ICR timeframe.
16
§761.61(c)(1)
Apply for risk-based disposal of PCB remediation wastes. Submit additional information as requested.
800 hours
70
Number of respondents decreased based on the average number of applications the Agency received in FY2019-FY2021. The average time estimate stayed the same, as many applicants take advantage of a 61(a)/61(c) hybrid approval that only requires a risk-based determination for the non-self-implementing components of the cleanup.
17
§761.62(c)(1)
Obtain approval for risk-based disposal or storage of PCB bulk product waste. Provide additional information.
800 hours
5
Number of respondents stayed the same based on the average number of applications the Agency received in FY2019-FY2021. The average time estimate stayed the same, as many applicants take advantage of a 62(a)/62(c) hybrid approval that only requires a risk-based determination for the non-self-implementing components of the disposal plan.
18
 §761.65(a)(2)
Notify of continuing attempts to secure disposal and to request a one-year storage extension.
3 hours
5 waste storers
Combined for numbers 18, 19, and 20. Estimated total notifications stayed the same, based on average number of notifications the Agency has received over the existing ICR timeframe.
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 existing ICR timeframe.
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.
137 hours 
1 new; 1 modification; 6 renewal applications

            
Number of new applications and renewals decreased based on the average number the Agency received in FY2019-FY2021. The weighted average burden decreased to 137 hours [(392 hrs x 1 new) + (100 x 1 modification) + (100 hrs x 6 renewal)]/8. Time to prepare notification of modification was estimated to be about one-fourth the time to prepare initial application. (Also see # 25.)
23
§761.65(e)(4)
Submit a written request to the EPA Regional Administrator to modify a storage approval to amend the closure plan, when there are changes in ownership, changes in expected dates of closure, and/or unexpected events.
2 hours
10 requests
Number of requests stayed the same based on the number the Agency has received over the existing ICR timeframe.
24
§761.65(g)(9)
Notify issuing authority of modifications to commercial storage facilities.
2 hours
7 storage facilities
Number of notifications stayed the same based on the number the Agency has received in the existing ICR timeframe.
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
1 application
Total number of respondents is consistent with the total number of applications for commercial storage approval, as per # 22, above. Number of notifications decreased based on the average number of applications the Agency received in FY2019-FY2021.
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.
1,146 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).
8 hours
5 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 existing ICR timeframe. 
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 over the existing ICR timeframe. 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
1
Number of notifications increased based on average number of applications the Agency received in FY2019-FY2021.

31
§§761.77(a)(1)(i), (a)(1)(ii)(A)(1) and (C), and .77(a)(2)
Submit a notification to the EPA Regional Administrator for coordinated approval and additional information, as requested by EPA. Submit an application for TSCA disposal approval, if the Regional Administrator denies the request for a coordinated approval or determines that the conditions of the coordinated approval are not being met. 
36 hours (notification); 480 hours (approval application)
3 notifications;
0 approval applications
Number of notifications decreased based on average number of notifications the Agency received in FY2019-FY2021.

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 over the existing ICR timeframe.
33
§761.79(h)


Prepare requests for decontamination approvals of alternative decontamination or sampling methods. EPA may request additional information.
800 hours
11
Number of notifications increased based on the average number of notifications the Agency received in FY2019-FY2021. EPA's time estimate remains the same to account for the increased proportion of existing-approval amendments received to denovo approval requests received. Amendments are less time intensive to propose.

                            Subpart E -- Exemptions
34
§§761.80(e)(1) and (i)(1)
Submit R&D exemption petition to qualify for the class exemptions to mfg. PCBs for disposal R&D and to mfg., import, process, distribute, and export PCBs and analytical reference samples derived from PCB waste for the purpose of R&D.
40 hours
1 company
Number of respondents is based on recent Agency submissions (existing ICR timeframe). Estimates are combined for numbers 2, 34, 36, and 38.
35
§761.80(e)(2) and (i)(2)
Submit requests for renewal of the exemptions as per §§750.11 and 31. (Renewals to company-specific exemptions can be handled following the same procedures.) 
1 hour
1 request
Number of respondents is based on recent Agency requests.
36
§§761.80(e)(3), (g)(2), and (i)(4)
Obtain approval from EPA to exceed limits of the exemption.

 -- 
0 requests for approval
See # 34, above.
37
§761.80(e)(4)
Notify EPA before beginning R&D activities that include the manufacture of PCBs.
20 hours
1 notification
Number of respondents is based on recent Agency submissions.
38
§761.80(n)
Submit a petition for certain exemptions to address increases in the amount of PCBs to be processed and distributed, imported (manufactured), or exported, or changes in the manner of processing and distributing, importing (manufacturing), or exporting PCBs. (See #35 for renewals.)
40 hours
0 requests
There have been no such requests in the existing ICR timeframe. 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)
50 calls
Number of calls remained the same, based on the amount the Agency received in the existing ICR timeframe. Requirement also on Table 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
115 facilities
The estimate for number of facilities was generated by using the total number of EPA-approved storage and disposal facilities (100), and increasing this number by 15 percent to reflect the additional facilities that also dispose of the waste that they generate (U.S. EPA, 2021a). 
41a
§761.180(g)
Provide records of PCB equipment reclassification, if requested, by EPA.

0.25 hours
0 Transformers
No records were requested by EPA in the existing ICR period (2016-2018) and no requests are anticipated in the new ICR period. 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
Number of submissions unchanged based on the numbers received in the existing ICR timeframe.
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 existing ICR period. 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
133 waste handlers
Roughly 9,250 notices have been received; in recent years (2019-2021) approximately 133 per year, relatively few "new" submissions are anticipated. Also see numbers 9, 28, and 29, above. (U.S. EPA, 2021b)
45
§761.205(f)
Report changes in notifications previously submitted by PCB waste handlers.
1.5 hours
200 waste handlers
 --  
46
§§761.217(a) and (b) and §761.219(a),(b), and (c)
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. Also, Submit a One-year Exception Report when the disposer of PCB waste could not dispose of the affected PCBs or PCB Items within 1 year of the date of removal from service for disposal; or the generator or commercial storer either has not received within 13 months from the date of removal from service for disposal a Certificate of Disposal confirming the disposal of the affected PCBs or PCB Items, or the generator or commercial storer receives a Certificate of Disposal confirming disposal of the affected PCBs or PCB Items on a date more than 1 year after the date of removal from service
Submit Exception Report to EPA for rejected shipments of PCB waste that are forwarded to an alternate facility by a designated facility using a new manifest.
2 hours
0 reports
 This provision incorporates RCRA Universal Hazardous Waste Manifest provisions by reference. Since PCB waste is transported using the Universal Hazardous Waste Manifest, the burden for this reporting requirement is already accounted for by the recently revised EPA ICR No. 0801.25, approved under OMB Control No. 2050-0039 through January 31, 2025. (ICR 0801.25 counts all manifests used, without distinguishing whether they are used for RCRA waste, PCB waste or combination shipments. To prevent double counting of burden hours, the burden is being reported as 0 in this PCB ICR. For more information, please see the Supporting Statement for ICR 0801.25, specifically: Exception reports are counted on p. 57 (Section b(7)). Discrepancy reports are counted on p. 62 (Section d(5)). Unmanifested Waste Reports are counted on p. 62 (Section d(8)).
47
§761.215(c) 
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


No Longer Required






49
§761.216(a)
Submit unmanifested Waste Reports (e.g., waste description, volume, disposition; date received; ID numbers of waste handlers for that waste) to EPA when disposers accept a shipment of PCB waste without an accompanying manifest.
2 hours
0 reports
See #46, above. 

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, Office of Resource Conservation and Recovery (ORCR).
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 4. 



        TABLE 3: THIRD-PARTY REPORTING BURDENS UNDER TSCA SECTION 6(e)
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).
1 hour
0
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)
14 calls
National Response Center data for FY2019-FY2021 indicate the Center received a total of 144 PCB-related calls (See #67). 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 (14 calls) are to report fire-related incidents.
53
§761.30(a)(1)
(xiv)
Notify owner of PCB Transformer that equipment may pose risk of exposure to food or feed.
 -- 
 -- 
No burden. All notifications were to have been made, and use prohibited, by October 1, 1985.
54
§761.30(a)(1)(xv)(D)
Register PCB Transformers with the building owner within 30 days of discovery
 -- 
 -- 
Burden reported on Table 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
Number unchanged. Industry estimate (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 in item 10 on Table 2.
60
§761.60(j)(1)(vii)
Use manifests, pursuant to Subpart K, for all R&D PCB wastes being transported from the R&D facility to an approved PCB storage or disposal facility.
1 hour
0 facilities
See #46, above. PCB R&D waste is counted in the total hazardous waste manifest burden in EPA ICR No. 0801.25. [Note: 71 R&D facilities listed on the National List of Facilities that have Notified of PCB Activities (U.S. EPA, 2021b)]. 
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 in item 12 on Table 2. 
62
§761.61(a)(5)(i)
(B)(2)(iv)
Notify offsite non-TSCA facility of pending shipment of remediation waste.
2 hours
100 waste shippers
Combined for remediation and bulk product wastes (numbers 62 and 64).
63
§761.61(a)(8)(i)
(A)
Attach a notation to the deed for property at which remediation projects require a permanent fence or cap.
3 hours
100 sites
 -- 
64
§§761.62(b)(4)(i) and (ii) (See also
§§761.357 and
 359)
Provide notification to a receiving facility that does not have a commercial PCB storage or disposal approval before the first shipment of a PCB bulk product waste stream. In addition, for certain waste this notice must be provided with each shipment thereafter.
 -- 
 -- 
See # 62, above.

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 
(5 minutes)
67,672
items,
containers,
and article
containers
Based on the PCB Annual Report, the average annual total number of capacitors, article containers, transformers, and PCB containers disposed of from 1996 to 2020 is 67,672 (U.S. EPA, 2020).
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)
144 incidences
New average based on the number of PCB-related incidences reported to the National Response Center for 2019-2021 (U.S. Coast Guard, 2019, 2020, 2021). 
68
§761.125(c)
(2)(ii)
Place label or notice at PCB contamination cleanup sites at outdoor electrical substations that involved 1 lb or more PCBs by weight (270 gallons or more of untested mineral oil).
1 hour
136 sites
Revised estimate assumes that the > 1-lb spills at electrical substations are a large subset but not all of all the spills that must be reported to the National Response Center; 95 percent of the average annual 144 spills reported for 2019-2021 (U.S. Coast Guard, 2019, 2020, 2021). 

The capital costs for placing the sign are assumed to be $50 per site (e.g., for posts, labels, etc.), for a total of $6,824. 
                    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
13 units
EPA estimates 25 transformers will be reclassified annually during this ICR period (See #75). Of this amount, 50 percent will be retained by owners, and 50 percent (13) will be transferred to other entities (e.g., sold, loaned, leased, sent for servicing).

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). 


              Subpart K -- PCB Waste Disposal Records and Reports
69
§§761. 210(b), (c), and (d)(1) and (2)
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
0 items
See #46, above. PCB Manifests are counted in the total hazardous waste manifest burden in EPA ICR No. 0801.25.
70
§§761. 213(a)(2)(v) and (b)(4)
Storer or disposer sends a copy of the manifest or shipping paper to the generator.
0.167 hours (10 minutes)
0 reports
See #46, above. PCB Manifests are counted in the total hazardous waste manifest burden in EPA ICR No. 0801.25. 
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

3,384 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 2020 is 67,672 (U.S. EPA, 2020). Assuming that information regarding 20 items is included on one certificate of disposal, then there are a total of 2,695 certificates. Also refer to # 102.


            TABLE 4: RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e)
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 761.193(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 (3 minutes) to track inspection data; 0.033 (2 minutes) to file and maintain data
2,215 PCB
Transformers.
 
5 percent are inspected
quarterly

2,215 PCB Transformers are registered on EPA's most current inventory. EPA assumes not more than 5% are inspected quarterly (only Askarel units without secondary containment). The majority are inspected annually.
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.






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)
25 transformers
The number of respondents is based on the application of the past estimate of a 1.15% annual reclassification rate to the most current inventory of 2,215 identified (registered) PCB Transformers. 
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.
4 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
,2700 pieces of equipment
In 2010, USWAG estimated that the 2009-2010 inventory of all equipment >50 ppm was 1,141,241 items, and that this inventory would decrease by approximately 111,000 items annually. Using this estimate, EPA assumes that 27,000 items remain after 11 years, in 2020-21, and, as in previous ICRs, that 10% of the inventory is in storage for reuse (2,700 items). 

                   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)
200 pieces of equipment
Based on analysis contained in USWAG 2010 comments on the PCBs Reassessment of Use Authorization ANPRM (USWAG, 2010). Study reported inventory of large PCB capacitors reduced 95% in 2010 and estimated almost all would be retired by 2013. In comments on this new ICR, USWAG affirmed the trend but noted "some" PCB Large Capacitors remain in use. In 2018, 97 Large Capacitors were disposed of (US EPA 2018). For this ICR, EPA estimates 2,000 PCB Large Capacitors remain in use, of which 10% (200) are not marked individually and require records. 

                       Subpart D -- Storage and Disposal
79
§761.60(j)(1)(ix)
Keep records of R&D for disposal activities.
12 hours
71 facilities
Number of facilities based on data contained in the National Report of Facilities that have Notified of PCB Activity (U.S. EPA, 2021b).
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.
1 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 EPA Regional Administrator, 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.
4 hours
26 sites
Estimate is 15 percent of 170 total number of affected sites.
84
§§761.65(a)(2)(ii) and (a)(3) 
Keep a written record of attempts to secure disposal capacity. Records may be required for periods of extended storage.
4 hours
76 waste storers
Number of waste storers is 1 percent of the total number of waste generators and storers (7,610) listed in the National List of Facilities that have Notified of PCB Activity (U.S. EPA, 2021b).
85a,b

§761.65(c)(1)(iv)
Prepare/modify Spill Prevention, Control and Countermeasure (SPCC) Plans to address liquid PCBs >500 ppm, to be able to temporarily store PCB Containers containing liquid PCBs at >=50 ppm in areas that do not comply with the storage requirements of §761.65.
60 hours/new plan; 2 hours/ adapted plan
5 new
respondents; 10 adapt existing plans
It is estimated that only 5 waste generation facilities will be required to prepare plans from scratch and 10 facilities will adapt existing plans.
86
§761.65(c)(7)(ii)
Prepare SPCC Plan, when using stationary storage containers, as per 29 CFR 1910.106, for liquid PCBs.
60 hours
5 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

53 commercial
storers
The total number of storers was obtained from EPA's List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities (U.S. EPA, 2021a). 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
4 incinerators
From the EPA's list of List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities (U.S. EPA, 2021a).
90
§§761.71(a)(1)(vi) and (vii), (a)(4), (b)(1)(vi-vii), (b)(5);761.180(e)
Record and retain monthly HEB operation data.
12 hours
20 HEBs
Note that 5 of these HEBs (from EPA Region VI) are used intermittently, so that total hourly burden may actually be less than indicated in this report. Also, total number of HEBs is based on EPA estimate of 2 per region.
91
§§761.72(a)(9) and (b)(6)
Record and retain records of temperature readings from scrap metal recovery ovens.
3 hours 
6 ovens
From EPA's List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities (U.S. EPA, 2021a).
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
12 landfills
From EPA's List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities (U.S. EPA, 2021a).

93
§761.79(d)(4) and Subpart T
Retain test/validation results of PODFs and VADFs.
0.5 hour
5 facilities
Estimate is 5 percent of the estimated 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.
2 hours
100 sites
No change.


                            Subpart E -- Exemptions
95
§761.80(e)(5) and (i)(7)
Keep records of activities associated with manufacture/processing/distribution in commerce of PCBs or PCB reference samples derived from waste materials for R&D.
12 hours
71 facilities
Number of facilities based on the National List of Facilities that have Notified of PCB Activities (U.S. EPA, 2021b).
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.
8 hours
144 sets of records
Based on the annual number of spills reported to the National Response Center in 2019-2021 (U.S. Coast Guard, 2019, 2020, 2021).
98
§761.125(c)(1)
Maintain records documenting delay in spill cleanup activities and areas of visible contamination.
0.5 hours
7 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 5 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
9,369 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 (9,434) minus the total number of commercial storers and disposers (65 facilities). (U.S. EPA, 2004, 2021).
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.
 8 hours to file and maintain records 
10 respondents
Number of respondents based on Agency records since 2010. Industry estimates 4-5 domestic manufacturers maintain records (Wawer, 2018) EPA assumes a similar number of importers would also maintain import records. Industry estimates 12-24 hours annually, more than past Agency estimate of approximately 5 hours. EPA estimates importer record burden is substantially less, as foreign chemical supplier would provide all supporting test data to the importer. Time estimate is therefore a composite [(5x12 hours + 5x4 hours)/10= 8 hours]



              Subpart K -- PCB Waste Disposal Records and Reports
101
§§761.210(a)(3), (e)(4), 211(d)(2), (e)(5), (f)(1)(iv), (f)(3)(ii), (f)(4)(ii), 213(a)(2)(v), (b)(5), 214(a),(b), and (c)
File and maintain manifests initiated or received by the PCB generator and any subsequent PCB waste handler.
0.167 hour (10 minutes)
0 manifests
See #46 above. This burden is accounted for by EPA ICR No. 0801.25, Section a1.
102
§761.218(c) and (d)
Maintain a copy of each certificate of disposal received from disposers, for generators and commercial storers of PCB waste.
0.167 hour (10 minutes)
3,384 certificates
Total number of manifests is an average of 20 items per manifest applied to a total of 67,672 items disposed of per year for a total of 3,384 disposal certificates. See #71 for details. [Note that this retention requirement is not accounted for by EPA ICR No. 0801.25]

		Subpart T -- Comparison Study for Validating a New Performance-Based Decontamination Solvent under §761.79(d)(4)
103
§761.398(c)
Record testing parameters and experimental conditions in SOP. Results of validation study are to be affixed in an appendix.
16 hours
5 facilities 
No change.


   TABLE 5: ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE  -  REPORTING
 
 
 
                        Hours and Costs Per Respondent
                              Total Hours and Costs
 
 
 
                                    Mgr. @
                                    Tech. @
                                    Cler. @
                                    Hours/
                                     Labor
                                     Total
                                     Total
                                     Total
 
 
 
                                    $94.54
                                    $80.50
                                    $36.58
                                    Resp./
                                  Cost/Resp.
                                     # of
                                    Hours/
                                     Cost/
Ref #
Regulatory Citation
Information Collection Activity
                                     /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
                                                                            $95
                                                                              1
                                                                             1 
                                                                          $37  
(e)
                                                                              5
 761.30(i)(1)(iii)(A)(1)
Submit descriptions of gas pipeline systems and make documents available to EPA
                                                                              1
                                                                              1
                                                                              2
                                                                              4
                                                                           $248
                                                                             0 
                                                                             0 
                                              $0
(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
                                                                            $13
                                                                             0 
                                                                             0 
                                                                            $0 
(e)
 
 
Subpart D
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                               

                                                                              8
 761.60(e), (i)(2); .70(a),(b),(d)(2); .75(b)(7),(b)(8)(ii),(c) 
Submit disposal permit applications
                                                                              -
                                                                            707
                                                                             61
768
                                                                     $59,161.35
                                                                             15
                                                                       11,520  
                                                                      $341,313 
(e)
                                                                              9
 761.60(j)(1)(i) 
Obtain identification number for R&D disposal
                                                                              -
                                                                            1.5
                                                                              -
                                                                            1.5
                                                                        $120.21
                                                                              5
                                                                              8
                                                                           $233
(e)
                                                                             10
 761.60(j)(1)(ii)
Notify officials of R&D activities
                                                                              -
                                                                              4
                                                                              2
                                                                              6
                                                                        $395.16
                                                                             10
                                                                             60
                                                                         $3,952

                                                                             12
 761.61(a)(3)(i),(ii)
Notify officials of self-imp. remediation
                                                                             30
                                                                             50
                                                                             20
                                                                            100
                                                                         $7,593
                                                                             58
                                                                          5,800
                                                                       $440,382

                                                                             13
 761.61(a)(3)(ii)
Notify EPA of self-imp. remed. changes
                                                                              -
                                                                              2
                                                                              -
                                                                              2
                                                                           $161
                                                                             13
                                                                             26
                                                                         $2,093
 
                                                                             14
761.61(a)(3)(iii)
Request waiver of notification requirement
                                                                              2
                                                                             16
                                                                              2
                                                                             20
                                                                         $1,550
                                                                             17
                                                                            340
                                                                       $26,354 

                                                                             15
 761.61(a)(8)(i)(B)
Certify recording of deed notation
                                                                              -
                                                                              4
                                                                              
                                                                              4
                                                                           $322
                                                                             28
                                                                            112
                                                                         $9,016
 
                                                                             16
 761.61(c)(1)
Apply for risk-based disposal approval for remediation waste
                                                                              -
                                                                            740
                                                                             60
                                                                            800
                                                                       $ 61,765
                                                                            100
                                                                         80,000
                                                                   $2,403,307  
(e)
                                                                             17
 761.62(c)91)
Apply for risk-based disposal or storage approval for bulk PCB product waste 
                                                                              -
                                                                            740
                                                                             60
                                                                            800
                                                                       $ 61,765
                                                                             5 
                                                                          4,000
                                                                  $120,165.37  
(e)
                                                                             18
 761.65(a)(2),(3),(4)
Notify of attempts to secure disposal
                                                                              -
                                                                              2
                                                                              1
                                                                              3
                                                                        $197.58
                                                                              5
                                                                             15
                                                                           $988
 
                                                                             21
 761.65(c)(6)(i)(C)
Demonstrate that storage containers for PCB/rad waste are protective of health/env
                                                                              -
                                                                             32
                                                                              8
                                                                             40
                                                                     $2,868.604
                                                                              5
                                                                            200
                                                                         $5,579
(e)
                                                                             22
761.65(d),(e)(1),(e)(6-8),(f)
Prepare storage approval application
                                                                              -
                                                                            188
                                                                              -
                                                                           188 
                                                                       $ 15,134
                                                                             10
                                                                          1,880
                                                                       $58,887 
(e)
                                                                             23
761.65(e)(4)
Submit RA request to modify storage approval
                                                                            1.5
                                                                              -
                                                                            0.5
                                                                              2
                                                                           $160
                                                                             10
                                                                             20
                                                                         $1,600
 
                                                                             24
 761.65(g)(9)
Notify EPA of changes to storage facilities
                                                                              -
                                                                            1.5
                                                                            0.5
                                                                              2
                                                                           $139
                                                                              7
                                                                             14
                                                                           $973
 
                                                                             25
761.65(j)
Demonstrate financial assurance for closure
                                                                             20
                                                                             80
                                                                             20
                                                                            120
                                                                      $9,062.40
                                                                              3
                                                                            360
                                                                       $10,579 
(e)
                                                                             27
761.70(d)(8);.75(c)(7)
Notify EPA of changes in disposal facility ownership
                                                                              7
                                                                              -
                                                                              1
                                                                              8
                                                                        $698.36
                                                                              5
                                                                             40
                                                                         $3,492
 
                                                                             31
 761.77(a)(10(i),(a)(1)(ii) (A)(1),(C); (a)(2)
Request coordinated approval
                                                                              8
                                                                             20
                                                                              8
                                                                             36
                                                                         $2,659
                                                                              6
                                                                            216
                                                                         $6,207
(e)
                                                                             33
761.79(h)
Prepare requests for decontamination approvals of alternative decontamination sampling methods.
                                                                              -
                                                                           740 
                                                                            60 
                                                                           800 
                                                                        $61,765
                                                                            10 
                                                                          8000 
                                                                      $240,329 
(e)
 
 
Subpart E
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                               
                                                                               
                                                                               
 
                                                                             34
 761.80(e)(1); (i)(1)
Qualify for R&D exemptions
                                                                             32
                                                                              -
                                                                              8
                                                                             40
                                                                         $3,372
                                                                              1
                                                                             40
                                                                         $3,372
 
                                                                             35
 761.80 (e)(2), and (i)(2)
Submit requests for renewal of the class exemptions
                                                                              1
                                                                              -
                                                                              -
                                                                              1
                                                                           $958
                                                                              1
                                                                              1
                                                                            $95
 
                                                                             37
 761.80(e)(4)
Notify EPA of PCB mfg. before R&D activities
                                                                              2
                                                                             16
                                                                              2
                                                                             20
                                                                         $1,485
                                                                              1
                                                                             20
                                                                         $2,208
 
 
 
Subpart G
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                               
 
                                                                             40
761.125(a)(1)(i) to (iii)
Report certain spill of PCBs to EPA
                                                                          0.167
                                                                              -
                                                                              -
                                                                          0.167
                                                                            $16
                                                                            100
                                                                             17
                                                                         $1,579
 
 
 
Subpart J
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                               
 
                                                                             41
 761.180(b), (b)(3),(c)(5)
Prepare/submit annual reports on storage/disposal
                                                                             56
                                                                              -
                                                                              3
                                                                             59
                                                                         $5,404
                                                                            124
                                                                          7,316
                                                                       $670,094
 
    41a
761.180(g)
Provide EPA with info on reclassified equipment 
                                                                           0.25
                                                                              -
                                                                              -
                                                                           0.25
                                                                            $24
                                                                             0 
                                                                             0 
                                                                            $0 
 
 
 
Subpart K
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                               
 
                                                                             44
 761.202(a), 205(a - e)
Notify EPA of PCB waste activity
                                                                              1
                                                                              -
                                                                            0.5
                                                                            1.5
                                                                           $113
                                                                            100
                                                                            150
                                                                        $11,283
 
                                                                             45
 761.205(f)
Report changes in waste handler notifications
                                                                              1
                                                                              -
                                                                            0.5
                                                                            1.5
                                                                           $113
                                                                            200
                                                                            300
                                                                        $22,566
 
                                                                             46
§§761.217(a) and (b) and §761.219(a),(b), and (c)
Submit Exception and Discrepancy Reports EPA
                                                                              -
                                                                            1.5
                                                                            0.5
                                                                              2
                                                                           $139
                                                                             0 
                                                                             0 
                                                                            $0 
 
                                                                             49
761.216(a)
Submit Unmanifested Waste Reports
                                                                              -
                                                                            1.5
                                                                            0.5
                                                                              2
                                                                           $139
                                                                             0 
                                                                             0 
                                                                            $0 
 
 
 
Subpart T
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                               
 
                                                                             50
761.395, .398
Submit results of validation study analysis to EPA
                                                                              1
                                                                             14
                                                                              1
                                                                             16
                                                                         $1,258
                                                                              5
                                                                             80
                                                                         $6,291
 
 
TOTALS
 
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                        120,536
                                                                     $4,392,974

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: ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE - THIRD-PARTY REPORTING

 
 
                        Hours and Costs Per Respondent
                              Total Hours and Costs
 
 
 
                                    Mgr. @
                                    Tech. @
                                    Cler. @
                                    Hours/
                                     Labor
                                       
                                     Total
                                     Total
                                     Total
 
 
 
                                    $94.54
                                    $80.50
                                    $36.58
                                   Respond./
                                     Cost/
                                    Capital
                                     # of
                                    Hours/
                                     Cost/
Ref #
Regulatory Citation
Information Collection Activity
                                     /Hour
                                     /Hour
                                     /Hour
                                   Year[[a]]
                                   Year[[b]]
                                  Costs[[c]] 
                                   Respond.
                                   Year[[d]]
                                 Year[[e, f]]
 
 
Subpart B
 
 
 
 
 
 
 
 
 
                                                                             52
761.30(a)(1)(xi),(xv)(A) (h)(1)((ii)(B)
Report PCB Transformer fires to the National Response Center
                                       -
                                                                          0.167
                                       -
                                                                          0.167
                                                                            $13
                                       -
                                                                             14
                                                                              2
                                                                           $188
 
 
Subpart D
 
 
 
 
                                                                              
 
 
 
                                                                              
                                                                             56
761.60(b)(5)(i)(A)(1)
Include gas pipes in notification programs
                                       -
                                                                           0.25
                                       -
                                                                           0.25
                                                                            $20
                                       -
                                                                             50
                                                                             13
                                                                         $1,000
                                                                             57
761.60(f)(1)(i)
Notify state/local govts of PCB disposal
                                       -
                                                                          0.333
                                                                          0.167
                                                                            0.5
                                                                            $33
                                       -
                                                                            600
                                                                            300
                                                                        $19,751
                                                                             60
761.60(j)(1)(vii)
Manifest R&D PCB waste
                                       -
                                                                              1
                                       -
                                                                              1
                                                                            $95
                                       -
                                                                             0 
                                                                            0  
                                                                           $0  
                                                                             62
761.61(a)(5)(i)(B)(2) (iv)
Notify offsite non-TSCA facility of pending shipment of remediation/waste
                                       -
                                                                              2
                                       -
                                                                              2
                                                                           $161
                                       -
                                                                            100
                                                                            200
                                                                        $16,100
                                                                             63
761.61(a)(8)(i)(A)
Certify deed notation recording
                                       -
                                                                              3
                                       -
                                                                              3
                                                                           $241
                                       -
                                                                            100
                                                                            300
                                                                        $24,100
                                                                             65
761.65(c)(1),(8)
Attach date notation on PCB Items and Containers
                                       -
                                                                          0.083
                                       -
                                                                          0.083
                                                                          $6.68
                                       -
                                                                        22,297 
                                                                         1,850 
                                                                      $148,977 
 
 
Subpart G
 
 
 
 
                                                                              
 
 
 
                                                                              
                                                                             67
761.125(a)1)
Report certain spills of PCBs to the National Response Center
                                                                          0.167
                                       -
                                       -
                                                                          0.167
                                                                            $16
                                       -
                                                                            204
                                                                             34
                                                                        $3,221 
                                                                             68
761.125(c)(2)(ii)
Place notice of PCB contamination at cleanup site
                                       -
                                       1
                                       -
                                                                              1
                                                                            $95
                                                                            $50
                                                                            136
                                                                            136
                                                                    $7,654[[f]]
                                                                              
 
Subpart J
                                       
                                       
                                       
 
                                                                              
 
 
 
                                                                              
                                                                            68a
761.180(g)
Provide records of reclassification, if requested, to recipients of reclassified equipment
                                     0.083
                                       -
                                     0.417
                                                                            0.5
                                                                         $23.10
                                                                              -
                                                                            13 
                                                                           6.5 
                                                                      $300.358 
 
 
Subpart K
 
 
 
 
                                                                              
 
 
 
                                                                              
                                                                             69

§§761. 210(b), (c), and (d)(1) and (2)
Prepare manifests of each PCB waste for PCB waste transporters, storers, and disposers
                                                                          0.083
                                       -
                                       -
                                                                          0.083
                                                                             $8
                                       -
                                                                             0 
                                                                             0 
                                                                            $0 
                                                                             70
§§761. 213(a)(2)(v) and (b)(4)
Storer/disposer sends manifest to generator
                                                                          0.167
                                       -
                                       -
                                                                          0.167
                                                                            $16
                                       -
                                                                             0 
                                                                             0 
                                                                           $ 0 
                                                                             71

§§761.218(a) and (b)
Send Certificates of Disposal to generators
                                       -
                                                                           0.25
                                       -
                                                                           0.25
                                                                            $20
                                       -
                                                                         3,695 
                                                                            924
                                                                       $ 73,900
 
TOTALS
 
 
 
 
 
                                                                              
                                                                            $50
 
                                                                          3,766
                                                                       $284,020
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 7: ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE  -  RECORDKEEPING
 
 
 
                         Hours and Cost Per Respondent
                             Total Hours and Costs
 
 
 
                                     Mgr @
                                    Tech. @
                                    Cler @
                                    Hours/
                                     Labor
                                     Total
                                     Total
                                     Total
 
 
 
                                    $94.54
                                    $80.50
                                    $36.58
                                   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, b
761.30(a)(1)(xii) and (xiv)
Maintain PCB Transformer inspection data (annual)
                                       -
                                     0.05
                                     0.033
                                     0.083
                                      $5.
                                    2,215 
                                      1 
                                   $11,589 
                                                                               


                                       
                                       
                                       
                                       
                                       
                                        
                                        
                                        
                                                                             75
761.30(a)(2)(v);    761.180(a)
Maintain records of retrofilled equipment
                                       -
                                     0.167
                                     0.083
                                     0.25
                                     $16.5
                                     143 
                                      36 
                                    $2,359 
                                                                             76
761.30(i)(1)(iii)(B), (C)
Keep records of gas pipeline system data
                                       1
                                       2
                                       1
                                       4
                                    $292.12
                                      100
                                      400
                                    $29,212
                                                                             77
761.35(a)(2)
Keep records of equipment stored for reuse
                                       -
                                     0.15
                                       -
                                     0.15
                                      $12
                                    2,700 
                                      405
                                   $32,600 
                                                                             78
761.40(c)(2)(ii), (k)
Keep large capacitor records (optional)
                                       -
                                      0.1
                                       -
                                      0.1
                                      $8
                                     200 
                                      20 
                                    $1,600 
 
 
Subpart D
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                                                             79
761.60(j)(1)(ix)
Keep R&D for disposal records
                                       -
                                      12
                                       -
                                      12
                                     $966
                                       66
                                      792
                                   $ 63,756
                                                                             80
761.61(a)(3)(i)(E); (a)(6); .295
Retain remediation sampling/analysis records
                                       -
                                       1
                                       -
                                       1
                                      $80
                                      100
                                      100
                                    $8,000
                                                                             81
761.61(a)(3)(iii)
Retain waivers from self-impl. remed. projects
                                       -
                                     0.167
                                       -
                                     0.167
                                      $13
                                      100
                                      17
                                   $523[[e]]
                                                                             82
761.61(a)(9)
Keep records according to Spill Cleanup Policy
                                       4
                                      12
                                       4
                                      20
                                    $1,402
                                      100
                                     2,000
                                   $149,048
                                                                             83
761.62(b)(5)
Maintain sampling/analysis records for bulk product wastes
                                       1
                                       3
                                       -
                                       4
                                     $336
                                      26
                                      104
                                  $3,400[[e]]
                                                                             84
761.65(a)(2)(ii), (a)(3)
Keep records of attempts to secure disposal
                                       -
                                       4
                                       -
                                       4
                                     $322
                                       75
                                     300 
                                   $24,150  
                                                                            85a
761.65(c)(1)(iv)
Prepare SPCC plans
                                       5
                                      45
                                      10
                                      60
                                    $4,461
                                       5
                                      300
                                  $8,679[[e]]
                                                                            85b

761.65(c)(1)(iv)
Modify SPCC plans for liquid PCBs >500 ppm
                                      0.5
                                       1
                                      0.5
                                       2
                                     $146
                                      10
                                      20
                                    $1,461
                                                                             86
761.65(c)(7)(ii)
Prepare SPCC plans for facilities using storage containers
                                       5
                                      45
                                      10
                                      60
                                    $4,460
                                       5
                                      300
                                   $8,677[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
                                     $6.70
                                    30,000
                                     2,490
                                   $201,000
                                                                             88
761.65(c)(10)
Establish and maintain annual log records as per .180 for PCB storage facilities
                                      24
                                       - 
                                      819
                                      843
                                    $32,228
                                      65
                                    54,795
                                  $2,094,820
                                                                             89
761.70(a)(3),(4),(7); (c); .180
Maintain incinerator records
                                      48
                                      260
                                      535
                                      843
                                    $45,038
                                       4
                                     3,372
                                    $180,153
                                                                             90
761.71(a)(a)(vi), (vii); (b)(1)(vi), (vii), (b)(5); .180(e)
Retain monthly HEB operating data
                                       -
                                      12
                                       -
                                      12
                                     $966
                                      20
                                      240
                                    $19,320
                                                                             91
761.72(a)(9), (b)(6)
Retain scrap metal recovery oven records
                                       -
                                       3
                                       -
                                       3
                                     $241
                                       7
                                       21
                                    $ 1,691
                                                                             92
761.75(b)(6)(iii), (b)(8)(iv); .180(d)
Maintain chemical waste landfill records
                                      24
                                       - 
                                      819
                                      843
                                    $32,228
                                       11
                                     9,273
                                   $ 354,508
                                                                             93
761.79(d)(4)
Retain PODF/VADF validation results
                                       -
                                      0.5
                                       -
                                      0.5
                                    $40.25
                                       5
                                       3
                                   $78[[e]]
                                                                             94
761.79(f)(1), (2)
Keep decontamination sampling records
                                       -
                                       2
                                       -
                                       2
                                     $161
                                      100
                                      200
                                  $6,265[[e]]
 
 
Subpart E
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                                                             95
 761.80(e)(5), (i)(7)
Keep records of PCB mfg/ proc/dist. in com. R&D activities
                                       -
                                      12
                                       -
                                      12
                                     $966
                                       66
                                      792
                                   $ 63,756
                                                                             96
 761.80(g)(1)
Keep records of PCB proc/dist. in com. of small quantities of PCBs for R&D activities
                                       -
                                      12
                                       -
                                      12
                                     $966
                                      15
                                      180
                                    $14,490
 
 
Subpart G
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                                                             97
761.125(b)(3), (c)(5)
Maintain records of cleanup and certification of decontamination
                                       1
                                       5
                                       2
                                       8
                                     $570
                                      204
                                     1,632
                                   $116,321
                                                                             98
761.125(c)(1)
Maintain records documenting delay in cleanup
                                       -
                                       - 
                                      0.5
                                      0.5
                                      $18
                                      11
                                       6
                                     $202
 
 
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
                                    $2,598
                                     9,141
                                    475,332
                                  $23,749,781
                                                                            100
761.185(c)(2) and .193(a), (b)
Maintain monitoring data of inadvertent PCBs
                                       .5
                                      4.5
                                       3
                                      8 
                                     $519 
                                      10 
                                      80 
                                    $5,190 
                                                                            101
761.210(a)(3), (e)(4), 211(d)(2), (e)(5), (f)(1)(iv), (f)(3)(ii), (f)(4)(ii), 213(a)(2)(v), (b)(5), 214(a),(b), and (c)
File and maintain manifests
                                       -
                                       - 
                                     0.167
                                     0.167
                                     $6.10
                                        0
                                        0
                                         $0
                                                                            102
761.218(c) and (d)
Maintain Certificates of Disposal
                                       -
                                       -
                                     0.167
                                     0.167
                                     $6.10
                                    2,695 
                                      450
                                   $ 16,440
 
 
Subpart T
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                                                            103
761.398(c)
Record test parameters and SOP conditions for decontamination validation studies
                                       -
                                      16
                                       -
                                      16
                                    $1,288
                                       5
                                      80
                                  $2,505[[e]]
 
TOTALS
 
 
 
 
 

 
                                        
                                    553,741
                                                                    $27,141,447
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.

13. Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information.
 The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
 If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
 Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

There are no operational and/or maintenance costs.
14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.
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 members do not print or otherwise prepare collection instruments, compile mailing lists, or publish results. On the Agency's website, EPA maintains a dedicated PCB homepage (www.epa.gov/pcbs) that offers extensive information on management of PCBs, including EPA regulations and waste handling.   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 members created and maintain the PCB Transformer Registration Database. Staff presently process registrations for newly discovered PCB Transformers. As Agency resources permit, EPA 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 PCB webpage.
EPA staff also process both new and amended PCB notifications of waste handling activities and updates the as well as the National List of Facilities that have Notified of PCB Activity, also available on the PCB webpage.
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. EPA compiles annual report data into a PCB Annual Report of disposal statistics, currently available through 2105 and available to the public upon request (U.S. EPA, 2015)
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. EPA makes a List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities available to the public on the PCB webpage. 
Currently, given the nature of the collections and disclosure requirements, all of the PCB information collections are done in hard copy form. Although the content of these various collections has been specified earlier in this Supporting Statement, the majority of the collections do not require the use of a specific form or format. Only two of the collections involve a specifically prescribed form.  EPA is currently engaged in the adoption of an electronic manifesting system for RCRA hazardous wastes. As many of the RCRA provisions for the Uniform Hazardous Waste Manifest are incorporated by reference into the PCB regulations at 40 CFR Part 761 Subpart K, the electronic manifest can in most instances also be used for PCB waste shipments, at the option of the user.
Requests for disposal approval may be submitted in the form most convenient to the applicant. Because of the nature of the information (i.e., CBI, engineering blueprints), much information is still submitted on paper, rather than electronically, but EPA encourages and readily 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. 
The estimated Agency burden associated with this Consolidated ICR is shown on Table 8 with comments indicated on the table. The detailed costs associated with the Agency burden are shown in Table 9. The hourly rates for EPA staff were based on a composite management level at GS-15/5 ($80.63); technical support at GS-12/5 ($48.78), and clerical support at GS-7/5 ($27.05), using the 2022 General Schedule salary table for the locality pay area of Washington-Baltimore-Northern Virginia, DC-MD-VA-WV-PA, effective January 2022 (U.S. OPM, 2022). 

                     TABLE 8: ANNUAL AGENCY HOURLY BURDEN 
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.
20 hours
1 renewal petitions: 0new petitions
Federal Register publication costs add approximately $1,500 to the annual cost of this collection activity for new TSCA 6(e)(3)(B) petitions.
Review preliminary PCB Transformer inspection reports; input data; index/file data.
20 hours
120 inspections
The total time to conduct inspections equals 4 days.
Review exclusion submissions; record/enter submissions; analyze requests for confidentiality and provide appropriate protection; store data.
6 hours
0 submissions
 -- 
Review technology-based disposal applications; attend demonstrations (EPA 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.
2 hours per review
120 inspections
 Based on regional monthly inspections.
Review applications for commercial storage approval, with contractual support. 
72-125 hours/
application; 98.5 hours, average, rounded to 100
10  applications/ year average 
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 inquiries 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.
30 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
40 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 >5 yrs.
2 hours/ submission
0 submission
 No requests received in recent years or anticipated in ICR period
Review requests for risk-based disposal and coordinated approvals and alternate decontamination or sampling methods; issue approvals or waivers; maintain files.
80 hours
105 submissions
Costs vary depending on number and types of applications received. Adjusted to reflect increased proportion of streamlined .61(c) and .62(c) approvals. Respondents increased from55 to 105. 
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 9.


                                       
                                       
                 TABLE 9: ANNUAL AGENCY HOURLY BURDEN AND COST
 
                         Hours and Cost per Respondent
                             Total Hours and Costs
 
                                    GS-15/5
                                    GS-12/5
                                    GS-7/5
                                    Agency
                                     Labor
                                       
                                    Total 
                                     Total
                                    Total 
 
                                    $80.63
                                    $48.78
                                    $27.05
                                    Hours/
                                     Cost/
                                    Capital
                                     # of 
                                    Hours/
                                     Cost/
Information Collection Activity
                                     /Hour
                                     /Hour
                                     /Hour
                                    Year(a)
                                    Year(b)
                                   Costs(c)
                                     Resp.
                                    Year(d)
                                  Year(e, f)
    PCB Manufacturing, Processing, and Distribution in Commerce Exemptions
Review/analyze new exemption petitions and renewal data
                                                                              1
                                                                             28
                                                                              -
                                                                             29
                                                                         $1,447
                                                                              -
                                                                             1 
                                                                            29 
                                                                         $1,447
Develop rulemakings
                                                                              3
                                                                            160
                                                                              8
                                                                            171
                                                                         $8,263
                                                                              -
                                                                             0 
                                                                              0
                                                                             $0
Index/file data
                                                                              -
                                                                              -
                                                                              2
                                                                              2
                                                                            $54
                                                                              -
                                                                              1
                                                                              2
                                                                            $54
FR publication
                                                                              1
                                                                             24
                                                                              8
                                                                             33
                                                                         $1,468
                                                                         $1,500
                                                                             0 
                                                                              0
                                                                             $0
SUBTOTAL
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                             31
                                                                        $1,501 
               PCB Use in Electrical Equipment and Transformers
Review preliminary inspection report
                                                                              -
                                                                              8
                                                                              -
                                                                              8
                                                                           $390
                                                                              -
                                                                            120
                                                                            960
                                                                        $46,800
Review reformatted report
                                                                              -
                                                                              4
                                                                              -
                                                                              4
                                                                           $195
                                                                              -
                                                                            120
                                                                            480
                                                                        $23,414
Review/input data
                                                                              -
                                                                              4
                                                                              -
                                                                              4
                                                                           $195
                                                                              -
                                                                            120
                                                                            480
                                                                        $23,414
Index/file data
                                                                              -
                                                                              -
                                                                              4
                                                                              4
                                                                           $108
                                                                              -
                                                                            120
                                                                            480
                                                                        $12,984
SUBTOTAL
                                                                              
                                                                              
                                                                              
                                                                               
                                                                              
                                                                              
                                                                              
                                                                         2,400 
                                                                      $106,612 
              PCB Exclusions, Exemptions, and Use Authorizations
Review exclusion request submissions
                                                                              -
                                                                              2
                                                                              -
                                                                              2
                                                                         $97.56
                                                                              -
                                                                              0
                                                                              0
                                                                             $0
Record/enter submissions
                                                                              -
                                                                              1
                                                                              -
                                                                              1
                                                                         $48.78
                                                                              -
                                                                              0
                                                                              0
                                                                             $0
Analyze requests for confidentiality and provide appropriate protection
                                                                              -
                                                                              1
                                                                              -
                                                                              1
                                                                         $48.78
                                                                              -
                                                                              0
                                                                              0
                                                                             $0
Store data
                                                                              -
                                                                              2
                                                                              -
                                                                              2
                                                                         $97.56
                                                                              -
                                                                              0
                                                                              0
                                                                             $0
SUBTOTAL
                                                                              
                                                                              
                                                                              
                                                                               
                                                                               
                                                                              
                                                                              
                                                                              0
                                                                             $0
                      PCB Disposal Permitting Regulation
Review applications 
                                                                              -
                                                                            312
                                                                              -
                                                                            312
                                                                        $15,219
                                                                              -
                                                                             15
                                                                          4,680
                                                                       $228,290
Attend demonstrations
                                                                              -
                                                                            156
                                                                              -
                                                                            156
                                                                         $7,610
                                                                              -
                                                                             15
                                                                          2,340
                                                                       $114,145
Contractor support for demos.
                                                                              -
                                                                            140
                                                                              -
                                                                            140
                                                                         $6,829
                                                                              -
                                                                             15
                                                                          2,100
                                                                       $102,438
Develop (grant/deny) approval
                                                                              2
                                                                             30
                                                                              -
                                                                             32
                                                                         $1,625
                                                                              -
                                                                             15
                                                                            480
                                                                        $24,370
Maintain files
                                                                              -
                                                                              1
                                                                              -
                                                                              1
                                                                         $48.78
                                                                              -
                                                                             15
                                                                             15
                                                                           $732
SUBTOTAL
                                                                              
                                                                              
                                                                              
                                                                               
                                                                              
                                                                              
                                                                              
                                                                          9,615
                                                                       $469,975
             Notification and Manifesting for PCB Waste Activities
Record and retain scrap metal recovery oven 
                                                                              -
                                                                              2
                                                                              -
                                                                              2
                                                                         $97.56
                                                                              -
                                                                            120
                                                                            240
                                                                        $11,707
Maintain chemical waste landfill records
                                                                              -
                                                                            100
                                                                              -
                                                                            100
                                                                         $4,878
                                                                              -
                                                                            10 
                                                                         1,000 
                                                                        $48,780
SUBTOTAL
                                                                              
                                                                              
                                                                              
                                                                               
                                                                              
                                                                              
                                                                              
                                                                         1,240 
                                                                       $60,487 
         Final Regulations Amending the PCB Regulations at 40 CFR 761
Process notification forms; update Notification of PCB Activity Quarterly Reports 
                                                                              -
                                                                            520
                                                                              -
                                                                            520
                                                                        $25,356
                                                                              -
                                                                              1
                                                                            520
                                                                        $25,356
Process PCB Transformer registrations
                                                                              -
                                                                             30
                                                                              -
                                                                             30
                                                                         $1,463
                                                                              -
                                                                              1
                                                                             30
                                                                         $1,463
Create PCB Transformer database
                                                                              -
                                                                             40
                                                                              -
                                                                             40
                                                                         $1,951
                                                                              -
                                                                              1
                                                                             40
                                                                         $1,951
Respond to numerous requests for regulatory interpretations and inquiries regarding the PCB notification and Transformer Registration Programs
                                                                              -
                                                                          1,850
                                                                              -
                                                                           1850
                                                                        $90,243
                                                                              
                                                                              1
                                                                          1,850
                                                                        $90,243
Maintain official files of all requests for approvals and EPA's responses
                                                                              -
                                                                            675
                                                                              -
                                                                            675
                                                                        $32,927
                                                                              
                                                                              1
                                                                            675
                                                                        $32,927
Review requests for approval for PCB Articles stored for reuse >5 years
                                                                              -
                                                                              2
                                                                              -
                                                                              2
                                                                         $97.60
                                                                              -
                                                                              0
                                                                              0
                                                                             $0
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
                                                                              -
                                                                             80
                                                                              -
                                                                             80
                                                                         $3,902
                                                                              -
                                                                            105
                                                                         8,400 
                                                                       $409,752
SUBTOTAL
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                        11,515 
                                                                      $561,692 
TOTALS
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                        24,801 
                                                                     $1,200,267
   Notes: [[a]] January 2010 data, U.S. OPM, 2018. [[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.

15. Explain the reasons for any program changes or adjustments reported in hour or cost burden.
This request reflects a decrease of 3,364 hours (from 681,407 hours to 678,043 hours) in the total estimated respondent burden from that currently in the OMB inventory. The changes in the total annual respondent reporting and recordkeeping burdens and costs are due to updates to the most current wage rate data and to revisions to the total number of respondents. The revisions to total number of respondents are the result of new data gathered for this ICR effort, updated Agency data regarding total numbers of regulated entities, and the overlapping coverage of the recently revised Universal Hazardous Waste Manifest ICR, EPA ICR No. 0801.25, approved under OMB Control No. 2050-0039 through January 31, 2025. The up-to-date wage rates and the change from the previous ICR are as follows:
          Manager - new rate, $94.54; prior rate; $77.86 (211 percent increase)
          Clerical - new rate, $36.58; prior rate, $37.76 (3 percent decrease)
          Professional/technical - new rate, $80.50; prior rate, $78.33 (2.7 percent increase).

Change in the methodology to calculate loaded wages (wages plus fringe benefits and overhead). Please refer to Handbook on Valuing Changes in Time Use Induced by Regulatory Requirements and Other U.S. EPA Actions. This change is an adjustment.
The specific adjustments to this Consolidated ICR are explained on Tables 2 through 7 and are summarized on Table 10 and in the following discussion:
 Item number 3  - The number of transformers registered decreased from 30 to 1. The revised number is based on the averaged annual number of new transformer registrations received by the Agency during the current ICR timeframe (2019, 2020 & 2021). This decreases the burden by 29 hours.
 Item number 8  -  The revised weighted average burden decreased to about 768 hours per submission, based on lower numbers for new applications and modifications, as well as a reduced effort due to a new guidance for permit applicants which clarifies and streamlines the application process. This decreases the burden by 5,232 hours.
 Item number 12  -  The number of respondents decreased from 58 to 47 sites, based on the average number of notifications received by the Agency in FY2019-FY2021. The burden is decreased by 1,100 hours.
 Item number 13  -  The number of respondents decreased from 13 to 6 sites, based on the average number of notifications the Agency has received over the existing ICR timeframe. The burden is decreased by 14 hours.
 Item number 16  - The number of respondents decreased from 100 to 70, based on the average number of applications the Agency received in FY2019-FY2021. The burden is decreased by 24,000 hours.
 Item number 22  - The number of respondents decreased from 10 to 8, based on the average number the Agency received in FY2019-FY2021. The weighted average time estimate was decreased from 188 to 137 hours. The burden is decreased by 784 hours.
 Item number 25  - The number of respondents decreased from 3 to 1, based on the average number of applications the Agency received in FY2019-FY2021. The burden is decreased by 240 hours.
 Item number 30  -  The number of notifications increased from 0 to 1 notification based on average number of applications the Agency received in FY2019-FY2021. The burden is increased by 1,600 hours.
 Item number 31  -  The number of notifications decreased from 6 to 3 notifications, based on average number of notifications the Agency received in FY2019-FY2021. The burden is decreased by 108 hours.
 Item number 33  -  The number of respondents increased from 10 to 11, based on the average number of notifications the Agency received in FY2019-FY2021. The burden is increased by 800 hours.
 Item number 41  -  The number of facilities decreased from 124 to 115 facilities, generated by using the total number of EPA-approved storage and disposal facilities (100), and increasing this number by 15 percent to reflect the additional facilities that also dispose of the waste that they generate. The burden is decreased by 531 hours.
 Item number 44  -  The number of waste handler submissions increased from 100 to 133 notices, based on submissions received in FY2019-FY2021. The burden is increased by 50 hours.
 Item number 52  -  The number of calls decreased from 20 to 14 calls, based on National Response Center data for FY20195-FY2021. The burden is decreased by 1 hour.
 Item number 65  - The number of respondents (# PCB items or containers) increased from 22,297 to 67,672, based on the actual numbers reported being disposed of in 2020, the most recent year for which disposal statistics are available. The number is a sum of the relevant categories reported: capacitors, PCB transformers, article containers and containers. The burden is decreased by 3,766 hours.
 Item number 67  - The number of respondents decreased from 204 to 144 based on the number of PCB-related incidents reported to the National Response Center for the period 2019-2021. The burden is decreased by 10 hours.
 Item number 68  -  The number of sites decreased from 194 to 136, based on revised estimate assuming that the > 1-lb spills at electrical substations are a large subset but not all of the spills that must be reported to the National Response Center; 95 percent of the average annual 144 spills reported for 2019-2021. The burden is decreased by 58 hours.
 Item number 68a  - The number of respondents (reclassified transformers that are transferred to new owners) decreased from 72 to 13 units, based on the Agency's estimate that 25 transformers will be reclassified during this ICR period, of which half will be transferred (unchanged current ratio).  See #75 below for additional details. The burden is decreased by 30 hours.
 Item number 71  -  The number of respondents (certificates) increased from 2,695 to 3,384, based on an updated average of PCB Annual Report disposal data collected from 1996 to 2020. The burden is increased by 172 hours.
 Item number 74a  - The number of respondents (PCB Transformers) decreased from 12,457 to 2,215, based on the number of PCB Transformers (2,215) actually registered in the Agency's most current inventory. The Agency assumes 95% are inspected annually and not more than 5% are inspected quarterly (only Askarel units without secondary containment require more frequent inspection). The burden is decreased by 512 hours.
 Item number 74b  - The number of respondents (PCB Transformers inspected quarterly) decreased from 623 to 111 units. See #74a for details. The burden is decreased by 42 hours.
 Item number 75  - The number of respondents decreased from 143 to 25 transformers.  The number of respondents is based on the application of the past estimate of a 1.15% annual reclassification rate to the most current inventory of 2,215 identified (registered) PCB Transformers. The burden is decreased by 30 hours.
 Item number 77  - The number of estimated pieces of equipment decreased from 3,000 to 2,700 pieces of equipment stored for reuse, using a 2010 USWAG estimates of inventory and rates of decrease, to estimate an inventory in 2020-2021. The Agency estimates that of the projected inventory of 27,000 items remaining in use, 90% will be in active use and 10% will be stored for reuse. The burden is decreased by 45 hours.
 Item number 78  - The number of respondents decreased from 500 to 200 large capacitors, based on analysis contained in USWAG 2010 comments on the PCBs Reassessment of Use Authorization ANPRM (USWAG, 2010). Of an estimated inventory of 2,000 PCB Large Capacitors, the Agency estimates not more than 10%, or 200, will not be individually labelled and be subject to this provision. The burden is decreased by 30 hours.
 Item number 79  - The number of respondents increased from 66 to 71 facilities based on the most recent data in the National Report of Facilities that have Notified of PCB Activities. The burden is increased by 60 hours.
 Item number 84  - The number of respondents increased from 75 to 76 waste storers, estimated as 1% of the total of 7,610 facilities listed in the National List of Facilities that have Notified of PCB Activity as of 2021. The burden is increased by 4 hours.
 Item number 88  -  The number of storers decreased from 65 to 53, obtained from EPA's List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities. The burden is decreased by 10,116 hours.
 Item number 91  - The number of respondents decreased from 7 to 6 facilities, based on EPA's current List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities. The burden is decreased by 3 hours.
 Item number 92  -  The number of respondents increased from 11 to 12 facilities, based on EPA's current List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities. The burden is increased by 843 hours.
 Item number 95  - The number of respondents increased from 66 to 71 facilities, based on data in the National List of Facilities that have Notified of PCB Activity as of 2021.  The burden is increased by 60 hours.
 Item number 97  - The number of respondents decreased from 204 to 144 sets of records, based on the annual number of PCB spills reported to the National Response Center in from 2019 to 2021. The burden is decreased by 480 hours.
 Item number 98  -  The number of sites anticipated to face delays in cleanup decreased from 11 to 7, based on the total reported spills in item #97. The burden is decreased by 2 hours.
 Item number 99  - The number of respondents increased from 9,141 to 9,369 waste handlers, based on the current number of PCB waste handlers who have notified the Agency (9,434), less commercial storers and disposers (65). The burden is increased by 11,856 hours.
 Item number 102  - The number of certificates increased from 2,695 to 3,384 Certificates of Disposal, based on the estimate that the total number of CDs is an average of 20 items per manifest, applied to the total of 67,672 items disposed of per year reported to EPA in 2020 (the most recent year data is available). Note that this retention requirement is not accounted for by EPA ICR No. 0801.22. The burden is increased by 115 hours.
      
         TABLE 10: CHANGES IN BURDEN HOURS TO EXISTING PCB ICR TOTALS
                                  Item Number
                            Change in Burden Hours
                                       3
                                      -29
                                       8
                                    -5,232
                                      12
                                    -1,100
                                      13
                                      -14
                                      16
                                    -24,000
                                      22
                                     -784
                                      25
                                     -240
                                      30
                                     1,600
                                      31
                                     -108
                                      33
                                      800
                                      41
                                     -531
                                      44
                                      50
                                      52
                                      -1
                                      65
                                    -3,766
                                      67
                                      -10
                                      68
                                      -58
                                      68a
                                      -30
                                      71
                                      17
                                      74a
                                     -512
                                      74b
                                      -42
                                      75
                                      -30
                                      77
                                      -45
                                      78
                                      -30
                                      79
                                      60
                                      84
                                       4
                                      88
                                    -10,116
                                      91
                                      -3
                                      92
                                      843
                                      95
                                      60
                                      97
                                     -480
                                      98
                                      -2
                                      99
                                    11,856
                                      102
                                      115
                                     Total
                                    -31,758
Note: Totals may not add due to rounding

16. For collections whose results will be published, outline the plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
Not applicable. 
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate. 
This question not applicable to this ICR
18. Explain each exception to the certification statement identified in "Certification for Paperwork Reduction Act Submissions.". 
EPA does not request an exception to the certification of this information collection.
SUPPLEMENTAL INFORMATION
This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2070-0112). Responses to this collection of information are mandatory (40 CFR 761). 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 public reporting and recordkeeping burden for this collection of information is estimated to 7.28 per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address."

LIST OF ATTACHMENTS
The attachments listed below can be found in the docket for this ICR or by using the hyperlink that is provided in the list below. The docket for this ICR is accessible electronically through http://www.regulations.gov using Docket ID Number: EPA-HQ-OPPT-2017-0647.
                                       A
 Toxic Substances Control Act (TSCA), Section 6(e) (15 USC 2605(e))  
                                       B
40 CFR 761 Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions   
                                       C
(Reserved for Consultation)
                                       D
EPA Form 7720-12 (PCB Transformer Registration) and Instructions. Available at https://www.epa.gov/sites/production/files/2015-08/documents/772012.pdf and https://www.epa.gov/sites/production/files/2015-08/documents/7720back.pdf
                                       E
EPA Form 7710-53 (Notification of PCB Activity) and Instructions. Available at https://www.epa.gov/sites/production/files/2015-08/documents/771053.pdf and https://www.epa.gov/sites/production/files/2015-08/documents/7710back.pdf
                                       F
Non-substantive Change Request (EPA ICR no. 1446.13)
                                      G.
Guidance for Applicants Requesting to Treat or Dispose of PCBs Using Incineration for an Alternative Method
   
REFERENCES 
BLS, 2021. Employer Costs for Employee Compensation Supplementary Tables, Historical Data December 2006  -  June 2020: Supplemental Table 2.Private Manufacturing Industry Workers, by Occupational Group, March 2018. Bureau of Labor Statistics, U.S. Department of Labor: Washington, DC, June, 2021,  https://www.bls.gov/web/ecec/ecsuptc.pdf
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.
Eastern Research Group (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.
Lacey, 2003. Telephone conversation between Pamela Lacey, PCB Coordinator, American Gas Association, Washington, DC, and Carol Wendel, Eastern Research Group. October 21.
Requirements for Generators, Transporters, and Waste Management Facilities under the RCRA Hazardous Waste Manifest System (Renewal); EPA ICR No. 0801.25; OMB Control No. 2050-0039, approved through 01/31/2025. (https://omb.report/icr/202010-2050-001/doc/107478500)
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. Census Bureau, 2007. Statistics of U.S. Businesses. Available at http://www.census.gov/econ/susb/data/download_susb2007.html (Accessed October 17, 2011).
U.S. Coast Guard, 2015. National Response Center. Query/Download NRC Data from 2015 Initial Reports. (http://www.nrc.uscg.mil). (Accessed September 19, 2018)
U.S. Coast Guard, 2016. National Response Center. Query/Download NRC Data from 2016 Initial Reports. (http://www.nrc.uscg.mil). (Accessed September 19, 2018)
U.S. Coast Guard, 2017. National Response Center. Query/Download NRC Data from 2017 Initial Reports. (http://www.nrc.uscg.mil).  (Accessed September 19, 2018)
U.S. Coast Guard, 2019. National Response Center. Query/Download NRC Data from 2019 Initial Reports. (https://nrc.uscg.mil/)
U.S. Coast Guard, 2020. National Response Center. Query/Download NRC Data from 2020 Initial Reports. (https://nrc.uscg.mil/)
U.S. Coast Guard, 2021. National Response Center. Query/Download NRC Data from 2021 Initial Reports. (https://nrc.uscg.mil/)
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, 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, 2003. Draft Analysis of the Cost Impacts of Potential Amendments to the PCB Regulations at 40 CFR 761, September.
U.S. EPA, 2004. 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, 2015. PCB Annual Report 2015. Environmental Protection Agency, Office of Pollution Prevention and Toxics, Washington, DC. 
U.S. EPA, 2018a. List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities. (https://www.epa.gov/pcbs/list-approved-polychlorinated-biphenyl-pcb-commercial-storage-and-disposal-facilities). September 14.
U.S. EPA, 2018b. National List of Facilities that have Notified of PCB Activity. (https://www.epa.gov/pcbs/notifications-polychlorinated-biphenyl-pcb-activities). September 14.
U.S. EPA, 2020. Non-Substantive Change. PCBs: Consolidated Reporting and Recordkeeping Requirements. OMB Control No: 2070-0112, EPA ICR No: 1446.13, ICR Ref. No: 202003-2070-002, Office of Chemical Safety and Pollution Prevention, Washington, DC.
U.S. EPA, 2020. PCB Annual Report 2015. Environmental Protection Agency, Office of Pollution Prevention and Toxics, Washington, DC. 
U.S. EPA, 2021a. List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities. (https://www.epa.gov/pcbs/list-approved-polychlorinated-biphenyl-pcb-commercial-storage-and-disposal-facilities).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.
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. EPA. Supporting Statement.  Final Regulations Amending the PCB Regulations at 40 CFR 761. 1998; EPA ICR #1729.
U.S. Office of Personnel Management (OPM), 2018. Salary Table 2018-DCB; 2018 General Schedule Locality Pay Table for Washington-Baltimore-Northern Virginia, DC-MD,VA-WV-PA. U.S. Office of Personnel Management, Washington, DC. Accessed August 07, 2018. Available at  https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/18Tables/html/DCB_h.aspx
U.S. Small Business Administration (SBA), 2010. Table of Small Business Size Standards Matched to North American Industry Classification System Codes. Available at http://www.sba.gov/content/table-small-business-size-standards (Accessed October 17, 2011).
USWAG, 2010. Utility Solid Waste Activities Group. Attachments to Comment on Proposed Rule: Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations. Docket ID: EPA-HQ-OPPT-2009-0757, Document ID: EPA-HQ-OPPT-2009-0757-0161. Available at https://www.regulations.gov/document?D=EPA-HQ-OPPT-2009-0757-0161 (Accessed October 12, 2018)

Appendix 
TABLE 1-A:  REPORTING REQUIREMENTS UNDER TSCA SECTION 6(e), 40 CFR 761 AND USE OF THE COLLECTED DATA
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) and (C)

Submit a description, at the request of the Regional Administrator (RA), of a natural gas pipeline system owned or operated by a seller or distributor of natural gas that contains >50 ppm PCBs, and make available to EPA, upon request, documentation of data and actions to comply with the natural gas use authorizations at .30(i)(1)(iii)(A).

Keep EPA informed of the operation and compliance of a natural gas pipeline system that contains PCBs. 


6

§761.30(t)(3)

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

Ensure that the wide variety and 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 landowners 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 one-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 EPA Regional Administrator and other appropriate regulatory authorities (i.e., Nuclear Regulatory Commission, DOE, or DOT), that the use of other containers for the storage of liquid and non-liquid PCB/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 EPA Regional Administrator to modify a storage approval to amend the closure plan, when there are changes in ownership, changes in expected dates of closure, and/or unexpected events.

Ensure proper management of storage facilities.

24

§761.65(g)(9)

Notify issuing authority of modifications to commercial storage facilities.

Ensure financial assurance mechanism is adequately funded.

25

§§761.65(j)

Demonstrate that a new owner of a commercial storage facility has established financial assurance for closure. Submit 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 the EPA Regional Administrator based on site-specific risk assessments, in lieu of meeting requirements listed in §761.72.

Allow EPA to assess whether scrap metal recovery oven and/or smelter operation will present risk of injury to health or the environment.

31

§§761.77(a)(1)(i),(a)(1)(ii)(A)(1) and (C), and .77(a)(2)

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

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 procedure 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 EPA Regional Administrator in completing statistical sampling of the spill area to establish spill boundaries, where there are no visible traces of contamination. 

Make reporting consistent with CERCLA requirements and facilitate 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

§§761.217(a) and (b) and §761.219(a), (b), and (c) 

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. Also, Submit a One-year Exception Report when the disposer of PCB waste could not dispose of the affected PCBs or PCB Items within 1 year of the date of removal from service for disposal; or the generator or commercial storer either has not received within 13 months from the date of removal from service for disposal a Certificate of Disposal confirming the disposal of the affected PCBs or PCB Items, or the generator or commercial storer receives a Certificate of Disposal confirming disposal of the affected PCBs or PCB Items on a date more than 1 year after the date of removal from service
Submit Exception Report to EPA for rejected shipments of PCB waste that are forwarded to an alternate facility by a designated facility using a new manifest.

Track the movement of PCB waste to ensure they arrive at intended storage or disposal site. Enable EPA to investigate potential violations and prevent further environmental contamination. Target companies for inspection.



47

§761.215(c)

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



No Longer Required 

  

49

§761.216(a) 

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, and the owner or operator of the commercial storage or disposal facility cannot contact the generator of the PCB waste

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, Office of Resource Conservation and Recovery

Allow EPA to confirm and publish findings in the Federal Register of new decontamination procedures.

TABLE A-2: THIRD-PARTY NOTIFICATION REQUIREMENTS AUTHORIZED UNDER TSCA SECTION 6(e) AND USE OF THE COLLECTED DATA
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. 210(b), (c), and (d)(1) and (2)

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. 213(a)(2)(v) and (b)(4)

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 A-3: RECORDKEEPING REQUIREMENTS AUTHORIZED UNDER TSCA SECTION 6(e) AND USE OF THE DATA
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) 

Keep records of data collected on natural gas pipeline systems that do not include sources of PCB contamination (e.g., natural gas compressors, natural gas scrubbers, and natural gas filters) but contain >=50 ppm PCB. Retain data and records of actions taken to reduce PCB contamination by owners or operators of natural gas pipeline systems.

Be able to demonstrate the reduction of PCB levels in a natural gas pipeline system. 


77

§761.35(a)(2)

Keep records of equipment stored for reuse.

Ensure the proper handling of equipment stored for reuse.

                   Subpart C -- Marking of PCBs and PCB Items

78

§761.40(c)(2)
(ii) and  (k)

Keep records of the protected location of PCB Large Low and High Voltage Capacitors, in lieu of marking. 

Have information available for preventing exposure to PCBs and allow flexibility in compliance with marking requirement.

                       Subpart D -- Storage and Disposal

79

§761.60(j)(1)(ix)

Keep records of R&D for 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) 

Establish and maintain records as per §761.180 for the storage and disposal of PCBs and 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 5 years. 

Allow monitoring of incinerator operations.

90

§§761.71(a)
(1)(vi) and (vii), (a)(4), (b)(1)(vi-vii), and (b)(5); and .180(e)

Record feed rate, carbon dioxide emissions, the quantity of low concentration PCB liquid burned in a high efficiency boiler each month, and the analyses of the waste burned in high efficiency boilers and retain the records for 5 years.

Allow EPA to assess whether a high 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 5 years, for low- and high-concentration spills.

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

98

§761.125(c)(1)

Maintain records documenting delay in spill cleanup 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

§§761.210(a)(3), (e)(4), 211(d)(2), (e)(5), (f)(1)(iv), (f)(3)(ii), (f)(4)(ii), 213(a)(2)(v), (b)(5), 214(a),(b), and (c)

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) and (d)

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.



Summary of Reporting and Recordkeeping Requirements and Third Party Requirements
 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.
 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. 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.
		(#5) Use of Natural Gas Pipelines and Other Gas or Liquid Systems: Owners/operators of natural gas pipelines who sell or distribute natural gas are authorized to use natural gas pipelines that have been contaminated with PCBs in concentrations >=50 ppm, if they take certain actions to identify sources of contamination and reduce levels to <50 ppm PCBs. Owner/operators of these pipelines must submit a written description of the general nature and location of PCB contamination in concentrations >=50 ppm if requested by EPA. This description is sent to the EPA Regional Administrator or the Director, National Program Chemicals Division (NPCD), at EPA, if the contaminated pipe is located in more than one Region. Owners/operators must also make available to EPA, upon request, documentation of their data and actions taken or not taken to comply with the conditions of the use authorization. [§761.30(i)(1)(iii)(A)(1); .30(i)(1)(iii)(C)].
		(#6) EPA Approval for Uses of PCBs in Other Gas or Liquid Systems: The use of <=50 ppm PCBs in "other" gas or liquid transmission systems is authorized. Operators with systems with PCBs at concentrations of >=50 ppm must obtain written consent from the Director, NPCD, who may then specify conditions necessary to reduce the levels of PCBs in the system. It is not apparent that systems not otherwise authorized under the regulations exist. Therefore, EPA expects this authorization to be rare and has no basis for developing a burden for this notification requirement. Without this authorization, however, use of such gas or liquid 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 5 years. However, RAs may grant extensions beyond 5 years with conditions if a request explaining the rationale for the extension is submitted 6 months prior to the expiration date [§761.35(b)]. Regulated entities obtained approvals for 5-year storage periods during 2008, which makes these approvals valid through 2013. The next approval period will occur during this ICR period.
		(#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 EPA Regional Administrator, 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 EPA Regional Administrator. Each request shall specify the quantity or concentration requested or additional time needed and include a justification for each increase. For extensions to the duration of the R&D for PCB disposal activity, the request shall also include a report on the 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 Regional Administrator, EPA is providing maximum flexibility to the respondent to minimize the burden associated with this notification provision.
      (#12 - 15) Self-implementing Remediation: Owners of remediation sites are required to notify, in writing, the EPA Regional Administrator and the appropriate state (or tribal), 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 EPA Regional Administrator 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 EPA Regional Administrator. Each application must contain information as described in §761.61(a)(3) (e.g., nature and extent of the contamination, sample procedure, cleanup plan, and certification that records have been maintained). The EPA may request the submission of other information it believes necessary to evaluate the 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 Regional Administrator or Director, NPCD. Each application must contain information indicating that the proposed storage and disposal methods or locations will not pose an unreasonable risk of injury to 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 EPA Regional Administrator 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 EPA Regional Administrator to amend the closure plan, when there are changes in ownership, changes in expected date of closure, and/or unexpected events [§761.65(e)(4)].
      (#24) Modifications to Commercial Storage Facilities: To ensure that the owner/operator of these facilities have made adjustments to their financial assurance mechanisms when modifications will increase the 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 EPA Regional Administrator, including information on the owner and location of the boiler, boiler specifications, and associated equipment. To burn liquids other than mineral oil dielectric fluids, at a PCB concentration of 50 to 500 ppm, boiler owners must first obtain an approval of the Regional Administrator for the EPA Region in which the boiler is located. The request to the Regional Administrator must include at least the following: name and address of owner/operator of boiler and address of boiler, boiler rating in units of BTU/hour, carbon monoxide concentration and 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 EPA Regional Administrator for a determination that the industrial furnace poses no unreasonable risk, based on a site-specific risk assessment [§761.72(c)(3)].
      (#31 - 32) TSCA Coordinated Approval: Persons seeking a TSCA PCB coordinated approval may submit a request for approval to the EPA Regional Administrator at the same time they seek a permit approval or other action for a PCB waste management activity under any other 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 Regional Administrator may request additional information to remedy a deficiency in the waste management activities [§761.77(a)(1)(ii)(A)(1)]. If the Regional Administrator determines that conditions of the coordinated approval are not being met, the Regional Administrator may require the person to whom the coordinated approval was issued to submit an application for a TSCA PCB approval [§761.77(a)(2)]. Any person with a coordinated approval must notify the Regional Administrator in writing within 5 calendar 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 Regional Administrator. 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 EPA Regional Administrator 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 EPA Regional Administrator. The reports shall summarize the records and annual document logs required to be maintained and prepared under §761.180(b)(1) and (b)(2) of this section. 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 10 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 Regional Administrator. 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 9 months from the date of removal from service for disposal, when the facility has not received a Certificate of Disposal within 13 months from the date the waste was removed from service, or has received a Certificate of Disposal more than one year after the date the waste was removed from service [§§761.219(a), (b), and (c) and 761.217(a) and(b)].
      (#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 EPA Regional Administrator a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue [§761.215(c)].
      (#48) No longer required.
      (#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 EPA Regional Administrator so that the Regional Administrator can determine whether further actions are required before the owner or operator may store or dispose of the unmanifested PCB waste [§761.216(a)]. Within 15 days after receiving the unmanifested PCB waste, the owner/operator shall prepare a report to the Regional Administrator of the Region where the storage or disposal facility is located and the Region in which the PCB waste originated. The report shall include the EPA facility identification numbers, facility information, date the waste was received, description of the waste, 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 [§761.216(a)].
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].
Third-Party Reports. Respondents are required to submit information to entities other than EPA headquarters or the EPA Regional Administrator, 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)].
      (#52) Transformer and Voltage Regulator Fire Emergency Notification: Owners of PCB Transformers and PCB Voltage Regulators (containing >=500 ppm PCBs) must report any fire-related incidents involving this equipment and the release of PCBs to the National Response Center. Information must be provided regarding the 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 Regional Administrator [§§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 in exposure risk to food or feed must notify the owner of the Transformer [§761.30(a)(1)(xiv)].
      (#54) Registering Newly Discovered PCB Transformers: In the event that a mineral oil transformer assumed to contain <500 ppm PCBs is tested and found to be contaminated 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)].
      (#56) Inclusion of Abandoned Natural Gas Pipes in Public Service Notification Programs: One disposal option for natural gas pipeline systems containing PCBs at any concentration but no free-flowing liquids, and having a nominal inside diameter of <=4 inches, is to seal each end closed, abandon the pipes in the place where they were used to transport natural gas, and include them in a public service notification program, such as a one-call system under 49 CFR 192.614(a) and (b). One-call 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), 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)].
      (#64) Disposal of PCB Bulk Product Waste: Any person disposing off site of PCB bulk product waste under paragraph (b)(1) at a waste management facility not having a commercial PCB storage or disposal approval, must provide written notification to the receiving facility a minimum of 15 days in advance of the first shipment from the same disposal waste stream. The notice shall state that the waste may include components containing PCBs at >=50 ppm and that the waste is known or presumed to leach < 10 ug/L PCBs. The objective of the notification is to alert the waste facilities and prevent the generator from sending a waste to a facility that may be restricted from receiving PCBs, based on a state-issued permit [§§761.62(b)(4)(i) and 761.357]. Any person disposing off site of PCB bulk product waste under paragraph (b)(2) at the same type of facility must comply with the same notification requirements, except that the notice shall state that the waste is known or presumed to leach >=10 ug/L PCBs [§§761.62(b)(4)(i) and (ii); 761.357 and .359].
      (#65) Notations on PCB Items and Containers: To store PCB Items, either for disposal or temporarily in areas that do not comply with §761.65(b) for up to 30 days from the date of an Item's removal from service, owners of the Items must place on the Item the date it is removed from service. Items that can be temporarily stored include non-leaking PCB Articles and PCB Equipment; leaking PCB Articles and Equipment if the PCB Items are placed in a non-leaking PCB Container; PCB Containers containing non-liquid PCBs; or PCB Containers containing liquid PCBs at concentrations >=50 ppm in areas with SPCC plans [§§761.65(c)(1) and (8)].
      (#66) Notification of Shipping Laboratory Samples: To qualify for the exemption from manifesting laboratory sampling wastes, as per §761.65(i)(2)(i) and (ii), the sample collector shipping the samples to a laboratory and a laboratory returning samples to a sample collector must comply with applicable DOT requirements found at 49 CFR 173.345 and U.S. Postal Service regulations, 652.2 and 652.3. Information on the sample collector, the laboratory, and date of shipment must accompany a PCB sample when it is shipped to the testing laboratory or back to the sample collector [§761.65(i)(3)].
Subpart G -- PCB Spill Cleanup Policy
      (#67) Requirements for the Spill Cleanup Policy: Spills involving 1 pound or more 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 clean up 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, currently approved under OMB No. 2050-0039), 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 [§761.210(c)]. 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 [§761.210 (d)(1) and (2)].
      (#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 [§761.213(a)(2)(v) and (b)(4)].
      (#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)].
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 EPA Regional Administrator, 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 5 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)].
      (#88) Records of Storage for Disposal of PCBs and PCB Items: Owners/operators of commercial storage facilities must establish and maintain records, as per §761.180, for the storage and disposal PCBs and PCB Items >=50 ppm [§§761.65(c)(10) and .180].
      (#89) Incinerator Records: Owners and operators of incinerators must keep records 5 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 5 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 5 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 3 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 [§761.210(a)(3) and (e)(4)]. Each transporter, storer, and disposer must retain one copy of each manifest or shipping paper [§§761.211(d)(2), (e)(5), (f)(1)(iv), (f)(3)(ii), (f)(4)(ii), 761.213(a)(2)(v), and (b)(5)]. 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 [§761.214(a),(b), and (c)]. Generators and commercial storers of PCB waste must also maintain a copy of each Certificates of Disposal received from disposers [§761.218(c) and (d)].
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)].

                         TABLE A-4: REPORTING SCHEDULE
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) and (C)

For gas pipeline systems owned/operated by a seller or distributor of natural gas, submit a description of the systems that contain >50 ppm PCBs and make available documentation of data and actions to comply with use authorizations.

Upon request of EPA.

6

§761.30(t)(3)

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

When planning use of system.


7

§761.35(b)

Obtain EPA Regional Administrator approval for an extended storage for reuse period.

6 months prior to expiration.

Subpart D -- Storage and Disposal

8

§§761.60(e) and (i)(2), .70(a), (b), and (d), and
.75(b)(7), (b)(8)(ii),
and (c).

Submit disposal permit applications, when appropriate, and demonstration plans. 

Applications are submitted as needed. Once an approval is granted, the permittee must notify the Agency prior to the expiration date if a renewal of the approval is desired. If no changes or modifications have been made to the disposal process in the year preceding expiration, the permittee must simply re-demonstrate the process.

9

§761.60(j)(1)(i)

Obtain an identification number for PCB R&D 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 the EPA Regional Administrator. 

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 EPA Regional Administrator to modify a storage approval to amend the closure plan, when there are changes in ownership, changes in expected dates of closure, and/or unexpected events.

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 EPA Regional Administrator for coordinated approval and additional information, as requested by EPA. Submit an application for TSCA disposal approval, if the Regional Administrator denies the request for a coordinated approval or determines that the conditions of the coordinated approval are not met. 

When seeking coordinated approval; when requested by the Regional Administrator.

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 5 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. 

6 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

§§761.217(a) and (b) and §761.219(a),(b), and (c)

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. Also, Submit a One-year Exception Report when the disposer of PCB waste could not dispose of the affected PCBs or PCB Items within 1 year of the date of removal from service for disposal; or the generator or commercial storer either has not received within 13 months from the date of removal from service for disposal a Certificate of Disposal confirming the disposal of the affected PCBs or PCB Items, or the generator or commercial storer receives a Certificate of Disposal confirming disposal of the affected PCBs or PCB Items on a date more than 1 year after the date of removal from service
Submit Exception Report to EPA for rejected shipments of PCB waste that are forwarded to an alternate facility by a designated facility using a new manifest.

Within 45 days of the events that trigger the report.

47

§761.215(c) 

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 



No Longer Required




49

§761.216(a)
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, and the owner or operator of the commercial storage or disposal facility cannot contact the generator of the PCB waste

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, Office of Resource Conservation and Recovery.

Prior to the first use of a new solvent for alternate decontamination
                                       
                                       
                  TABLE A-5: THIRD-PARTY REPORTING SCHEDULE 
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. 210(b), (c), and (d)(1) and (2)

Send manifests to the next transporter

When generators ship PCB wastes.

70

§§761. 213(a)(2)(v) and (b)(4)

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.
      
