[ OMB Control No. 2070 00112; ICR 1446.08; Supporting Statement, part 2 of 2; includes Appendix A]

5. THE INFORMATION COLLECTION   AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities EPA resources are devoted to reviewing and analyzing data submissions, compiling and recording data, maintaining hard copy files of submitted data, inspecting facilities, producing inspection reports, responding to public inquiry, providing regulatory interpretations and developing rulemakings. OPPT staff do not print or otherwise prepare collection instruments, compile mailing lists, or publish results. Although a web site has been established, EPA plans to continue/ expand its review of the use of the Internet to facilitate the transfer of information from EPA to the public. More specific Agency activities are discussed below.

Data submitted to EPA for consideration in granting or denying requests for exemptions are reviewed, analyzed for confidentiality and appropriate protection, and placed in the docket. EPA makes determinations of whether to grant exemptions and develops rulemakings in response to the requests for exemptions. Agency staff also receives, analyzes and reviews requests to exceed quantity limitations imposed by class exemptions.

Under the self implementing procedures of the PCB regulations, data are submitted to EPA to qualify for the exclusion for processes/ products containing low levels of PCBs from the statutory bans on the manufacture ( including import), processing, and distribution in commerce of PCBs. These data are reviewed and stored pursuant to confidentiality requirements, when appropriate, and placed in the docket for public review ( sanitized documents only); inspections are conducted as prescribed by the enforcement policy. The information is used by EPA to identify manufacturers and importers of products containing low levels of PCBs, as well as for compliance monitoring and enforcement purposes.

Pursuant to the use authorization for PCB Transformers, EPA staff created and presently maintain the PCB Transformer Database. Staff presently process registrations for newly discovered PCB Transformers. On an " as requested basis," EPA resources provide information from the PCB Transformers Database to environmental and emergency response officials. EPA also has placed these data on the Internet.

EPA staff also process both new and amended PCB notifications of waste handling activities and update the PCB Activity Database System ( PADS) on PCB waste handlers. These data are currently available on the Internet.

Information from annual reports that are submitted by storers and disposers of PCB waste enables the Agency to respond to public and Congressional inquiries, target inspections, and conduct compliance monitoring and other enforcement activities. To produce the inspection reports, EPA inputs, indexes and files data that are obtained during inspections, and prepares, reviews and revises the inspection reports.

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

° Review/ analyze applications to determine whether facilities have adequate technical plans and financial capabilities to operate and maintain the facility.

° Attend demonstrations.

° Grant/ deny approval.

° Store the data.

Engineers in EPA's National Program Chemicals Division as well as staff in regional offices review the PCB disposal applications. The adequacy of the data contained in these application is evaluated during a thorough review of the data and calculations and the assessment of subsequent demonstrations. In addition to disposal approvals, the Agency receives, analyzes, and reviews applications for commercial storage approvals and coordinated approvals; as well as requests to exceed R& D and storage limitations and to use alternate disposal methods. For commercial storage approvals, EPA must also determine if the facility will be able to close in an environmentally safe manner.

5( b) Collection Methodology and Management Currently, all of the PCB information collections are done in hard copy form. Although the content of these various collections has been specified, the majority do not require the use of a specific form or format. Therefore, electronic submission and manipulation of the data are not feasible at this time. Two of the collections, however, are on a form. EPA plans to review the efficiency of using an electronic bulletin board or the Internet to facilitate the transfer of information ( such as reporting forms) between EPA and potential respondents.

Requests for disposal approval may be submitted in the form most convenient to the applicant. Because of the nature of the information ( i. e., engineering blueprints), most of the information is generally submitted on paper, rather than electronically. Where appropriate, EPA accepts data in electronic format. There is no requirement for the information to be submitted in an automated, electronic, mechanical, or other technological information format. Records are maintained at EPA by the staff overseeing the review of permit applications. Applications are retained for the duration of the disposal facilities operating approval. The public may access the non confidential portions of applications.

5( c) Small Entity Flexibility Small businesses are not exempt from the PCB regulations under TSCA, and the information collections will affect all entities, regardless of size, that own or use PCBs or PCB containing equipment and generate PCB waste. The potential health ramifications necessitate equal reporting and recordkeeping requirements for all persons, and due to heightened awareness and concern for proper PCB disposal practices, the potential human and environmental risk necessitates equal disclosure by all applicants regardless of size. While all practical steps have been taken to minimize the reporting and recordkeeping burdens, the requirements imposed are the minimum necessary to maintain proper accountability for the disposition of the PCBs. These requirements assist EPA in meeting its statutory obligation to make a finding of no unreasonable risk for an authorized activity and determining, for example, whether a petitioner is eligible to receive the benefit of an approval, exemption, or exclusion. In general, the reporting and recordkeeping requirements are no more burdensome than standard business procedures currently in place.

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). For example, the vast majority of PCB Transformers subject to these requirements are located in large industrial and utility locations. Therefore, very few small businesses are likely to own PCB Transformers because of the significant costs associated with the initial purchase of the equipment and the long term expense for operation and maintenance.

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

( i) Small Entities Affected by the PCB Regulations The small business entities may include those in both the public and private sectors, and not for profit organizations as well as for profit entities. The Regulatory Flexibility Act identifies three classes of small entities of special concern:

° Small for profit businesses as defined by the Small Business Administration's ( SBA) Table of Size Standards.

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

° Small organizations, defined as not for profit enterprises that are independently owned and not dominant in their fields.

Entities generating PCB wastes comprise the following classes:

° Electric utility industry: PCB oil and contaminated mineral oil from electrical equipment such as transformers and large capacitors. Included in this category are publicly owned entities such as municipal and county electric systems as well as other public power systems such as irrigation districts.

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

° Entities with PCB ballasts from fluorescent light fixtures. Due to the widespread use of fluorescent lighting, any entity operating out of a fixed location built prior to the late 1970s is a possible candidate for inclusion in this class of waste generators. Included are government bodies, such as school districts, that have such lighting equipment.

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

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

° Cleanup of Superfund sites and other hazardous waste sites may generate PCBcontaminated materials.

Electric Utilities. It has been estimated that 60 to 70 percent of the PCBs produced were used in dielectric fluid for transformers and capacitors. Thus, such high voltage equipment, including askarel and mineral oil transformers and large PCB Capacitors, represents a major source of PCB waste generation. EPA studies of the numbers of such equipment in use assumed that utilities owned 30 percent of the askarel transformers, 80 percent of the mineral oil transformers, and 85 percent of the large PCB capacitors, with the remainder owned by nonutility industrial enterprises ( EPA, 1989).

Electric utility operating data collected and reported by the Energy Information Administration ( EIA, Form 861) were used to determine the number of small entities in this industry ( EIA, 1995). The SBA small entity definition for the electric utility industry includes entities producing 4 million megawatt hours of electricity sales or less. The EIA data permit the identification of private sector small utilities as well as municipal and other publicly owned utilities. Such utilities owned by small governments ( less than 50,000 in population) were identified through U. S. Census population data for cities, towns, and counties. Table 3 1 in the Draft Analysis of the Cost Impacts of Potential Amendments to the PCB Regulations at 40 CFR 761, an excerpt of which is included as Appendix E, " Economic Impacts on Small Entities," shows the results of this analysis ( U. S. EPA, 2003d).

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 ( New York Department of Environmental Conservation, 1995; California Department of Toxic Substances, 1995) 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 highvoltage transformation equipment, the remainder using transformation equipment provided or leased to them by their utility company. 1 The Census Bureau's Statistics of U. S. Businesses does not classify entities in size groups beyond the size group of ` greater then 500 employees'. Consequently, entities, establishments, employees, or revenues in size groups of fewer than 750 or 1000 employees cannot be allocated. For these size standards, data for entities with fewer than 500 employees were used as a conservative estimate.

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

3The 1997 revenues were multiplied by the ratio of 2000 payrolls to 1997 payrolls to obtain the year 2000 revenue estiamtes. According to the 2000 County Business Patterns, there are approximately 6.9 million establishments in the private sector, exclusive of agriculture ( NAICS 11 and 112) and line haul railroads ( NAICS 48211) ( Bureau of the Census, 2000). Using the assumption that 0.3 percent of these establishments receive high voltage electricity service, 17,715 ( adjusting for the share that lease equipment from the utility) would be expected to have transformers and capacitors that might be contaminated with PCBs ( 6.9 million x 0.3 percent x 85 percent that own their equipment). For the Draft Analysis of the Cost Impacts of Potential Amendments to the PCB Regulations at 40 CFR 761, it was estimated that approximately 50,000 industrial establishments have affected equipment. 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, the likelihood of 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 highvoltage 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 ( in Appendix E).

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 businesses1. For most of the remaining industries, small firms are classified by revenue size2. 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. While published revenue data are only available for 1997, payroll data by NAICS are available through 2000. The 2000 revenues were estimated assuming that they grew from 1997 to 2000 at the same rate as payrolls3. 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 ( see Appendix E). These estimates are based on the distribution of highvoltage 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 won 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. Table 3 3 in Appendix E also incorporates the estimates of the number of small establishments in the electric utility industry ( NAICS 221111, 221112, 221113, 221119, 221121, and 221122) shown in Table 3 1 of Appendix E. Of the estimated 9,490 entities with high voltage equipment, 1,928 are electric utilities. Electric utilities account for 1,840 of the 9,053 small entities with high voltage equipment.

5( d) Collection Schedule Most of the reporting activities are triggered by specific events or on an as needed basis rather than by specific dates, as shown on Table 5 1 and 5 2. TABLE 5 1 REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5( d)

Ref.

# Regulatory Section( s) Collection Requirement Collection Schedule 40 CFR 761 Subpart A   General 1 § 761.( f)( 1)( 2), and ( 3) Submit new reports or modifications to existing reports to qualify for manufacturing/ import exclusions, pursuant to compliance with the reporting requirements of Subpart J. Within 90 days of initiating a manufacturing process/ import.

Subsequent submission of information is required if a manufacturer significantly alters a production process, or to report periods of unusually high generation or release of PCBs.

( See numbers 42 and 43)

Subpart B   Use 2 § § 761.20( b) and ( c)( 1) and ( 3) Submit an exemption petition as per TSCA Section 6( e)( 3) to manufacture ( import), process, or distribute in commerce ( export) PCBs, unless otherwise authorized. On an as needed basis.

3 § 761.30( a)( 1)( vi)

and ( vii); ( xv)( D) Register newly discovered PCB Transformers. Within 30 days of identifying Transformer.

4 § § 761.30( a)( 2)( v)(

C ) a n d .30( h)( 2)( v)( C) Submit requests to reclassify equipment using alternate methods. On an as needed basis.

5 § 761.30( i)( 1)( iii)

( A)( 1) For gas pipeline systems owned/ operated by a seller or distributor of natural gas, submit a description of the systems that contain > 50 ppm PCBs. Upon request of the RA.

6 § 761.30( t)( 3) Obtain EPA approval for the use of PCBs in other gas or liquid systems. When planning use of system. TABLE 5 1, continued REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5( d)

Ref.

# Regulatory Section( s) Collection Requirement Collection Schedule 7 § 761.35( b) Obtain RA 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 redemonstrate the process.

9 § 761.60( j)( 1)( i) Obtain an identification number for PCB R& D disposal. When planning R& D for disposal.

10 § 761.60( j)( 1)( ii) Notify EPA ( as well as State and local environmental officials) of PCB disposal R& D activities. 30 days prior to initiating R& D activity.

11 § 761.60( j)( 2) Obtain a waiver to increase the volume or concentration of PCBs or duration of an R& D activity. R& D disposal approval may be required by RA. When needed.

12 § § 761.61( a)( 3)( i)

and ( ii) Notify EPA ( as well as State and local environmental officials) of self implementing remediation activity.

Additional information may be requested. 30 days prior to remediation 13 § 761.61( a)( 3)( ii) Notify EPA of changes to self implementing remediation activities. Within the 30 day notification period. TABLE 5 1, continued REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5( d)

Ref.

# Regulatory Section( s) Collection Requirement Collection Schedule 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 1 year storage extension. 30 days prior to disposal deadline.

19 § 761.65( a)( 3) Submit request for additional extensions beyond the initial 1 year extension, including justification and information on measures taken to secure disposal. When needed.

20 § 761.65( a)( 4) Submit request for modifications to TSCA approval to allow for extended storage period. Before extension expires.

21 § 761.65( c)( 6)( i)( C) Demonstrate that other containers for storage of PCB/ radioactive wastes are protective of health and the environment. When needed. TABLE 5 1, continued REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5( d)

Ref.

# Regulatory Section( s) Collection Requirement Collection Schedule 22 § § 761.65( d); ( e)( 1),

( 6), and ( 8); and ( f) Prepare application for commercial storage approval.

Notify EPA of facility modification, impending closure, and completion of closure. When needed; 60 days before final is scheduled to begin; within 60 days of completion of closure.

23 § § 761.65( e)( 4) Submit a written request to the RA to modify a storage approval to amend the closure plan, when there are changes in ownership, changes in expected dates of closure, and/ or unexpected events. When needed.

24 § 761.65( g)( 9) Notify EPA of modifications to commercial storage facilities. Within 30 days of facility modification.

25 § § 761.65( j) Demonstrate that a new commercial storage facility owner has established financial assurance for closure. As of the date of final EPA approval. Submit new or amended commercial storage application as a result of change in ownership.

26 § § 761.70( a)( 8), ( 9);

and ( d)( 5) Obtain approval of alternate measures when regulatory requirements cannot be met for operating an incinerator used for incinerating PCBs. When needed.

27 § § 761.70( d)( 8);

761.75( c)( 7) Notify EPA of change in ownership of disposal facility ( i. e., for incinerators and landfills). Within 30 days of transferring ownership.

28 § § 761.71( a)( 2) and ( b)( 2) Notify EPA of high efficiency boiler information,

( e. g., HEB owner, address, and specifications).

Seek approval to burn liquids, other than mineral oil dielectric fluid in a high efficiency boiler. One time notification 30 days before initially burning mineral oil dielectric fluid ( MODEF) in the boiler.

One time approval prior to burning liquids.

29 § 761.72( c)( 2) Notify EPA as a scrap metal recovery oven or smelter used to dispose of PCBs. Before burning PCBs. ( Also see # 44) TABLE 5 1, continued REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5( d)

Ref.

# Regulatory Section( s) Collection Requirement Collection Schedule 30 § 761.72( c)( 3) Request approval to dispose of PCBs in an oven or smelter based on site specific risk assessments, in lieu of meeting requirements listed in § 761.72. Before use of unit.

31 § § 761.77( a)( 1)( i),

( a)( 1)( ii)( A)( 1) and ( C), and .77( a)( 2) Submit a notification to the RA for coordinated approval and additional information, as requested by EPA. Submit an application for TSCA disposal approval, if the RA denies the request for a coordinated approval or determines that the conditions of the coordinated approval are not met. When seeking coordinated approval; when requested by the RA.

32 § 761.77( a)( 3) Notify EPA of changes in PCB waste management requirements in the document( s) used to obtain TSCA PCB coordinated approvals. Within 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. TABLE 5 1, continued REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5( d)

Ref.

# Regulatory Section( s) Collection Requirement Collection Schedule 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 NRC). 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. TABLE 5 1, continued REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5( d)

Ref.

# Regulatory Section( s) Collection Requirement Collection Schedule 42 § 761.185 Notify EPA and certify low level PCB product contamination to be exempt from the requirements of Subpart B, regarding processes inadvertently generating PCBs and imports of products containing inadvertently generated PCBs. Certification must be repeated if the previous certification is no longer valid. Within 90 days of having processes or imports for which such reports are required.

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

Subpart K   PCB Waste Disposal Records and Reports 44 § § 761.202( a);

205( a) to ( c) Notify EPA of waste handling activities, for generators, commercial storers, transporters, or disposers of PCB waste. Prior to engaging in PCB waste handling activities.

45 § 761.205( f) Report changes in notifications previously submitted by PCB waste handlers. Within 30 days of making a change.

46 § § 761.208( a)( 4)

and .215( b)

to ( d). Submit Exception Reports to EPA, as specified in § 761.215( b) to ( d), when PCB waste generators,

disposers, and/ or commercial storers do not receive confirmation that a shipment of a PCB waste has been properly disposed of. Within 45 days of the events that trigger the report. TABLE 5 1, continued REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5( d)

Ref.

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

48 § 761.211( b) Notify RA of unmanifested PCB waste, for owners/ operators of commercial storage facilities who cannot contact the generator of the PCB waste. Upon receiving unmanifested waste and unable to contact the generator.

49 § 761.211( c) Submit Unmanifested Waste Reports ( e. g., waste description, volume, disposition; date received; ID numbers of waste handlers for that waste) to EPA when disposers accept a shipment of PCB waste without an accompanying manifest. Within 15 days after receiving the unmanifested PCB waste.

Subpart T   Comparison Study for Validating a New Performance Based Decontamination Solvent under § 761.79( d)( 4)

50 § § 761.395 and 761.398 Submit results of analysis and validation study to the Director, National Program Chemicals Division ( NPCD). Prior to the first use of a new solvent for alternate decontamination TABLE 5 2 THIRD PARTY REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5( d)

Ref. #

/ ICR 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/ 1000,

1729 § § 761.30( a)( xi)

and ( xv)( A) and .30( h)( 1)( ii)( B) Notify NRC 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/ 1729 § 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/ 1729 § 761.60( b)( 5)( i)

( A)( 1) Include natural gas pipes that contain PCBs in public service notification programs. Before abandoning natural gas pipes. TABLE 5 2, continued THIRD PARTY REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5( d)

Ref. #

/ ICR Regulatory Section( s) Collection Requirement Collection Schedule 57/ 1446 § 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/ 1729 § 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/ 1729 § § 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/ 1729 § 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/ 1729 § 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. TABLE 5 2, continued THIRD PARTY REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5( d)

Ref. #

/ ICR Regulatory Section( s) Collection Requirement Collection Schedule 64/ 1729 § § 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/ 1446 § 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/ 1729 § 761.125( a)( 1) Report spills involving 1 pound or more by weight of PCBs to the NRC ( 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. TABLE 5 2, continued THIRD PARTY REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5( d)

Ref. #

/ ICR Regulatory Section( s) Collection Requirement Collection Schedule Subpart K   PCB Waste Disposal Records and Reports 69 § § 761.207( a) and .208( a)( 2) and ( 3) Send manifests to the next non rail transporter and the owner or operator of the designated commercial storage or disposal facility. When generators ship PCB wastes by rail or in bulk.

70 § § 761.208( c)( 1)( i v) and ( c)( 2)( iv) Send a copy of the manifest or shipping papers to the generator. Within 30 days after delivery.

71/ 1446,

1729 § § 761.218( a) and ( b) Send Certificates of Disposal to generators of PCB waste when disposal of each item is complete for a manifested PCB waste shipment. Within 30 days after the disposal date. 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Estimating Respondent Burden To update the respondent burden for this ICR, the hourly burdens and the total number of respondents for each requirement were reviewed using a number of data and information sources and consultations with regulated entities. Most of the level of effort entries remain the same, as the particular tasks have not changed for the most part. In a number of cases, however, the total number of respondents or the total amount of equipment that must be tracked in some way have been revised.

One of the information and data sources used to revise this Consolidated ICR was the Draft Analysis of the Potential Amendments to the PCB Regulations at 40 CFR Part 761 ( U. S. EPA, 2003d). This document includes estimates based on recent discussions with respondents in the utility, PCB waste handling, and natural gas distribution industries. Other documents that contained valid information were the Cost Impacts of the Final Regulations Amending the PCB Regulations at 40 CFR Part 761 ( U. S. EPA, 1998b) and the PCB Reclassification Rule: Small Entity Impacts, Environmental Justice Impacts, and Unfunded Mandates Analysis ( U. S. EPA, 1998d). This document is the cost analysis for the PCB Reclassification Rule.

Other data sources include EPA's most up to date PADs database, the PCB annual report, and the EPA PCB website, which contain data about entities that generate, store, transport, dispose, research, and smelt PCB wastes and equipment ( U. S. EPA, . EPA PCB Regional C oordinators were also contacted to obtain information about the number of notifications that were submitted to the Agency over the past few years. The number of notifications EPA Headquarters received was also tallied.

Several industry representatives knowledgeable about specific regulations and the associated reporting and recordkeeping requirements for the natural gas industry, the utility sector, and PCB waste handlers were consulted for this report. Representatives from the American Gas Association, the Utility Solid Waste Advisory Group, and a large PCB storage and disposal firm were contacted.

New hourly wage rates were included for managers, engineers, engineering technicians, and clerks. These wages were based on data from Table 3, " Mean hourly earnings and weekly hours for selected occupations, full time and part time workers, United States," as reported in the National Compensation Survey: Occupational Wages in the United States, July 2002, from the Bureau of Labor Statistics ( U. S. DOL, 2003b). Non wage benefits were estimated at 38.7 percent of these wages, using data for serviceproducing industry workers, as presented in Table 5 of Employer Cost for Employee Compensation, " Employer costs per hour worked for employee compensation and costs as a percent of total compensation: Private industry workers, by major industry group, June 2003" ( U. S. DOL, 2003a).

Adding an additional 17 percent to account for overhead costs results in a 55.7 percent markup on 4Table 5 of Employer Cost for Employee Compensation states that non wage benefits are 27.9 percent of total compensation when estimated in relation to hourly wages. The percentage increase is 38.7 ( 27.9/( 100 27.9). the hourly wage ( 38.7 percent + 17 percent) 4. Thus, estimated total hourly labor costs are as follows:

Facility managers   $ 56.99 ($ 36.60 x 1.557)

Engineers   $ 53.87 ($ 34.60 x 1.557)

Engineering technicians   $ 32.85 ($ 21.10 x 1.557)

Clerks   $ 21.18 ($ 13.60 x 1.557)

Burden summary. The total estimated time for respondents to comply with the reporting, thirdparty reporting, and recordkeeping requirements of this Consolidated ICR is 824,778 hours. The annual burden associated with respondents complying with the reporting requirements of this Consolidated ICR is estimated to average 149,503 hours, industry wide. The total third party reporting burden is estimated to average 21,634 hours, industry wide, and the total recordkeeping burden of this Consolidated ICR is estimated to average 653,640 hours, industry wide. The average hourly estimates and total number of respondents for each reporting, third party reporting, and recordkeeping burden are explained on Tables 6 1 to 6 3, respectively. Note that the burdens associated with requirement numbers 1, 2, 6, 7, 11, 19, 20, 26, 29, 30, 32, 36, 38, 39, 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.

To simplify the presentation of the numerous hourly burden and cost estimates, the data are arrayed according to reporting, third party reporting, and recordkeeping requirements for each section of the regulation, consistent with the presentation of the information in the tables of Sections 2 and 5, rather than to rearrange and present the data by respondent type. EPA anticipates that no one individual would be subject to all of the requirements 40 CFR Part 761. Refer to Section 4 for a complete description of the activities listed on Tables 6 1 to 6 3. TABLE 6 1 REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 40 CFR 761 Subpart A   General 1 § 761.1( f)( 1), ( 2),

and ( 3) Submit new reports or modifications to exist ing repor ts to qua l i fy 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 numbers 34 and 39. TABLE 6 1, continued REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 3 § 761.30( a)( 1)( vi)

( A)( 1), ( xv)( D) Register PCB Transformers, as appropriate,

within 30 days of discovery. 85 PCB transformers Only requirements for new disclosures are now applicable. The revised number of these disclosures was obtained from the recent analysis conducted for the Draft Analysis of the Cost Impacts of the Potential Amendments to the PCB Regulations at 40 CFR Part 761( U. S. EPA, 2003d). For this report, it was estimated that 1,597,440 pieces of equipment are typically tested each year industry wide,

20 percent of which are transformers ( 319,488). The report also estimated that 0.53 percent of transformers contain

500 ppm PCBs, resulting in 1,693 PCB Transformers discovered each year. Industry representatives contacted for the draft analysis reported that a majority of these units ( i. e., the small poleand pad mounted units) are disposed of and would not need to be reported to EPA.

Assuming that 95 percent of these units are disposed, then about 85 units ( the larger expensive units) would need to be reported to the Agency.

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 38 requests TABLE 6 1, continued REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 5 § 761.30( i)( 1)( iii)

( A)( 1) Submit a description of a natural gas pipeline system that contains > 50 ppm PCBs, if requested by EPA. 20 hours 1 systems EPA expects this to be a rare occurrence.

Only one description was submitted during the past few years, as tallied for this ICR renewal process.

6 § 761.30( t)( 3) Obtain approval for the use of PCBs in other gas or liquid systems. 20 hours 0 No respondents anticipated.

7 § 761.35( b) Obtain approval for PCB Articles stored for reuse for > 5 years in a facility that does not comply with § 761.65( b). 0.083 hour ( 5 minutes per piece of equipment) 0 It is anticipated that there will be no respondents to this regulation during the clearance period of this ICR in that regulated entities have obtained approvals for 5 year storage periods during 2003, the period when the past clearance period expired. These approvals will be valid through 2008.

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 selfimplementing requirements. 40 applications per year, as follows: 5 new incinerator applications ( 3,000 hrs to prepare); 15 applications for incinerator modifications and 15 new permit and modification applications for non thermal ( alternate and landfill) facilities ( 700 hrs to prepare); 15 renewal letters for all technologies, without modifications ( 8 hours to prepare). Total number of applicants increases from 15 applicants,

based on the number of applications submitted to the Regions and EPA Headquarters over the past few years.

Revised weighted average burden is about 900 hours average per submission,

decreased from 990 hours, based on a higher percentage of renewal applications compared to new applications. [( 3,000 x 5) + ( 700 x 30) + ( 8 x 15)]/ 40. TABLE 6 1, continued REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 9 § 761.60( j)( 1)( i) Notify EPA to obtain an identification number for conducting R& D on PCB disposal activities. 1.5 hours 25 facilities Also see # 44.

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 thirdparty notification at Table 6 2. Estimated total number of respondents decreases from 20 to 10, based on the number of notifications the Agency has received over the past few years.

11 § 761.60( j)( 2) Submit permit application and, when applicable, a demo plan for obtaining approval to operate a PCB disposal facility ( i. e., alternative method of disposal,

incinerator, chemical waste landfill).

Submit requests for approval of R& D for PCB disposal for persons not following selfimplementing requirements, as per paragraph ( j) of this section. 20 hours 0 No respondents anticipated.

12 § § 761.61( a)( 3)( i)

and ( ii). Notify EPA ( as well as State, Tribal, and local) officials of self implementing remediation activity, including a summary of the procedures used to sample contaminated areas and sample collection and analysis data; submit additional information as requested; and certify that records of remediation activity are on file at the location designated in the certificate. 100 hours 60 sites About 60 sites, decreased from 90 sites, based on the total number of notices received by the Agency over the past few years. Burden is reported here for this requirement and is listed on Table 6 2. TABLE 6 1, continued REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 13 § 761.61( a)( 3)( ii) Notify EPA of changes to notification of self implementing activities. 2 hours 15 sites 15 sites, increased from 10 sites, based on the number of notifications the Agency has received over the past few years. Hourly estimate is based on the time estimate to prepare other notifications for the selfimplementing remediation requirements.

14 § 761.61( a)( 3)( iii) Request a waiver of the notification requirement for conducting cleanup of PCB remediation waste. 20 hours 8 sites 8 sites, slightly reduced from 10 sites, based on number of notifications the Agency received over the past few years.

15 § 761.61( a)( 8)( i)

( B) Submit certification of recording the deed notation required under paragraph ( a)( 8)( i)( A) of this section has been recorded. 4 hours 10 sites Number of sites reduced from 100 to 10 based on the number of notices the Agency has received in the past few years.

16 § 761.61( c)( 1) Apply for risk based disposal of PCB remediation wastes. Submit additional information as requested. 1,600 hours 25 Number of respondents has increased from 5 to about 25 per year, due to the increased familiarity with this provision and based on the number of applications the Agency has received in the past few years.

17 § 761.62( c)( 1) Obtain approval for risk based disposal or storage of PCB bulk product waste. Provide additional information. 1,600 hours 10 Number of respondents increased from 5 to 10, due to the increased familiarity with this provision and based on the number of applications the Agency has received in the past few years. TABLE 6 1, continued REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 18 § 761.65( a)( 2) Notify of continuing attempts to secure disposal and to request a 1 year storage extension. 3 hours 20 waste storers Combined for numbers 18, 19, and 20.

Estimated total notifications decreased from 38 to 20, based on number of notifications the Agency has received in the past few years.

19 § 761.65( a)( 3) Submit request for additional extensions beyond the initial 1 year extension,

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 increased from 1 to 5 based on the number conducted over the past few years.

22 § 761.65( d);

( e)( 1), ( 6),

and ( 8); and ( f) Prepare application for commercial storage approval, including qualifications of key employees, closure plan, and closure cost estimate. Commercial storer must also notify EPA of facility modification, closure schedule, and completion of closure activities. 392 hours 10 new; 15 renewal applications Increased number of new and renewal applicants ( from 3 to 25), based on the number the Agency has received in the past few years. Weighted average to prepare new and renewal application decreases from 393 hours to about 220 hrs due to the decreased time to prepare applications for facility modifications compared to applications for new approvals [( 392 hrs x 10) + ( 100 hrs x 15)]/ 25. Time to prepare notification of modification was estimated to be about onefourth the time to prepare initial application.

( Also see # 25.) TABLE 6 1, continued REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 23 § 761.65( e)( 4) Submit a written request to the RA to modify a storage approval to amend the closure plan, when there are changes in ownership, changes in expected dates of closure, and/ or unexpected events. 2 hours 17 times Number of requests increases from 10 to 17 based on the number the Agency has received in the past few years.

24 § 761.65( g)( 9) Notify issuing authority of modifications to commercial storage facilities. 2 hours 10 storage facilities Number of notifications remains the same,

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

25 § § 761.65( j) Demonstrate that a new owner of a commercial storage facility has established financial assurance for closure. Submit new or amended commercial storage application as a result of change in ownership. 120 hours 10 applications Total number of respondents is consistent with the total number of applications for commercial storage approval, as per # 22,

above. Number increases from 3 to 10 based on the number of applications the Agency has received in the past few years.

26 § § 761.70( a)( 8),

( 9); and ( d)( 5) Obtain approval of alternate measures when regulatory requirements cannot be met for operating a PCB incinerator. 1,910 hours 0 No respondents anticipated. It was assumed that if a facility does not meet the performance criteria, it will not accept PCB waste.

27 § § 761.70( d)( 8);

761.75( c)( 7) Notify EPA of change in ownership of disposal facility ( i. e., for incinerators and landfills). 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 respondents increases from 2 to 5 based on the number of notifications the Agency has received over the past few years. TABLE 6 1, continued REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 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 to notify;

1 to request approval Revised number of notifications from 20 notifications and no approval requests to no notifications and 1 approval request, based on the number EPA has received in the past few years. Also see # 44.

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

30 § 761.72( c)( 3) Request approval to dispose of PCBs in an oven or smelter based on site specific risk assessments, in lieu of meeting requirements listed in § 761.72. 1,600 hours 0 One request for approval was received during the past clearance period, but no new respondents are anticipated.

31 § § 761.77( a)( 1)( i),

( a)( 1)( ii)( A)( 1)

and ( C), and .77( a)( 2) Submit a notification to the RA for coordinated approval and additional information, as requested by EPA. Submit an application for TSCA disposal approval,

if the RA denies the request for a coordinated approval or determines that the conditions of the coordinated approval are not being met. 36 hours ( notification);

480 hours ( approval application). 6 notifications;

0 approval applications Total number of respondents decreases from 36 to 6 based on the actual number of notifications the Agency has received in the past few years. TABLE 6 1, continued REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 32 § 761.77( a)( 3) Notify EPA of changes in waste management requirements in the non TSCA waste management document used to obtain TSCA PCB coordinated approvals. 8 hours 0 waste disposers No notifications were submitted in the past few years.

33 § 761.79( h) Prepare requests for decontamination approvals of alternative decontamination or sampling methods. EPA may request additional information. 1,600 hours 20 This number increased from 5 to 20 requests due to an increased interest in this provision.

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 Reduced estimate for total number of respondents from 27 companies to 1 company is based on recent Agency submissions. Estimates are combined for # 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 Reduced estimate from 3 requests to 1 request per year 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 Notifications reduced from 3 to 1 per year based on recent Agency submissions. TABLE 6 1, continued REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 38 § 761.80( n) Submit a petition for certain exemptions to address increases in the amount of PCBs to be processed and distributed, imported ( manufactured), or exported, or changes in the manner of processing and distributing,

importing ( manufacturing), or exporting PCBs. ( See # 35 for renewals.) 40 hours 0 requests There have been no such requests in the past several years. Total captured in Item # 34.

Subpart F   Transboundary Shipments of PCBs for Disposal 39 § § 761.93( a) and .97( a) Submit an exemption petition to import or export PCBs or PCB Items for disposal. ___ ___ Burden is reported at § § 761.20( b) and ( c)( 1)

and ( 3). See # 2.

Subpart G   PCB Spill Cleanup Policy 40 § § 761.125( a)( 1)

( i) to ( iii) Report certain spills of PCBs to the EPA. 0.167 hours ( 10 minutes) 100 calls Number of calls increased from none to 100 based on number the Agency received in the past few years. Requirement also listed on Table 6 2.

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 facilities The estimate for number of facilities was generated by using the total number of EPAapproved storage and disposal facilities ( 137),

and increasing this number by 15 percent to reflect the additional facilities that also dispose of the wastes that they generate ( U. S. EPA 2003 a and 2003b). TABLE 6 1, continued REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 41a § 761.180( g) Provide records of PCB equipment reclassification, if requested, by EPA. 0.25 hours transformers Industry representatives indicated that only the very large, expensive transformers would likely be reclassified and only an insignificant number of voltage regulators, electromagnets,

and switches would be reclassified ( Davis,

2003; U. S. EPA 2003d). Thus, this ICR deals only with estimating the burden associated with the reporting requirements for transformers. As reported in the Draft Analysis of the Cost Impacts of the Potential Amendments to the PCB Regulations at 40 CFR Part 761, only 5percent of transformers are the very large units. If about 2,450,000 transformers remain total that contain PCBs during the period of this ICR ( as indicated in the Draft Analysis), then about 122,500 will be handled each year ( over the next 20 years).

Reclassifying 5 percent per year would be 6,125 units annually.

Regional PCB Coordinators have reported that they have requested about 45 records per year ( 0.7 percent). ( Also see numbers 74c and d).

The hourly estimate assumes it takes 15 minutes for equipment owners to provide requested records ( ERG, 2000). One representative created a form for such a purpose to facilitate this recordkeeping TABLE 6 1, continued REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 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 10 companies Submissions will report about new, modified,

or import activities or about excess releases.

Number is declining because companies with exclusions have identified themselves in the initial group of submissions.

43 § 761.187 Notify EPA when PCB releases exceed limits, to be exempt from the requirements of Subpart B, for products, manufactured or imported containing inadvertently generated PCBs. 20 hours 1 company Hourly estimate is based on time to review the monitoring log and compile information into the notification.

Subpart K   PCB Waste Disposal Records and Reports 44 § § 761.202( a);

205( a) to ( c) Notify EPA of waste handling activities, for generators, commercial storers, transporters,

or disposers of PCB waste. 1.5 hours 100 waste handlers Roughly 9,100 notices have been received;

relatively few " new" submissions are anticipated. Also see numbers 9, 28, and 29,

above.

45 § 761.205( f) Report changes in notifications previously submitted by PCB waste handlers. 1.5 hours 200 waste handlers   46 § 761.208( a)( 4)

and § § 761.215( b)

to ( d). Submit Exception Reports to EPA, as specified in § 761.215( b) to ( d), when PCB waste generators, disposers, and/ or commercial storers do not receive confirmation that a shipment of a PCB waste has been properly disposed of. 2 hours 325 reports Estimated number of reports increased from 25 to 325 based on number of reports the Agency has received annually in the past few years. Combined for numbers 46 and 47. TABLE 6 1, continued REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 47 § 761.210( b) Submit Discrepancy Reports along with a copy of the manifest to EPA when the PCB waste received by a disposer is significantly different from the description on the manifest, and the discrepancy is not resolved after receiving the waste.     See # 46, above.

48 § 761.211( b) Notify RA of unmanifested PCB waste, for owners/ operators of commercial storage facilities who cannot contact the generator of the PCB waste. 0.5 hours 60 notifications Number of notifications increased from 25 to 60 based on the number the Agency has received in the past few years.

49 § 761.211( c) Submit Unmanifested Waste Reports ( e. g.,

waste description, volume, disposition; date received; ID numbers of waste handlers for that waste) to EPA when disposers accept a shipment of PCB waste without an accompanying manifest. 2 hours 80 reports Number of reports increased from 50 to 80 based on the number the Agency has received annually in the past few years.

Subpart T   Comparison Study for Validating a New Performance Based Decontamination Solvent under § 761.79( d)( 4)

50 § § 761.395 and 761.398 Submit results of analysis and validation study to the Director, National Program Chemicals Division ( NPCD). 16 hours 5 studies Estimate for the total number of respondents is 5 percent of the estimated 100 decontamination sites. Also refer to # 93,

Table 6 3. TABLE 6 2 THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s 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   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 NRC. 0.167 hour ( 10 minutes) 28 calls NRC data for 2000 to 2002 indicate the Center received a total of 830 PCB related calls, or an average of 276 calls per year ( U. S. Coast Guard, 2003). 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 ( 28 calls) are to report fire related incidents.

53 § 761.30( a)( 1)

( xiv) Notify owner of PCB Transformer that equipment may pose risk of exposure to food or feed.     No burden. All notifications were to have been made by October 1, 1985, although notification could occur if a mineral oil transformer in a location near food or feed is discovered to contain

500 ppm PCBs.

54 § 761.30( a)( 1)( xv)

( D) Register PCB Transformers with the building owner within 30 days of discovery     Burden reported on Table 6 1.

Subpart D   Storage and Disposal TABLE 6 2, continued THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 55 § 761.60( a)( 3)( ii) Provide information to chemical waste landfills that liquids do not exceed 500 ppm and are not ignitable. 20 hours   No respondents anticipated.

56 § 761.60( b)( 5)( i)

( A)( 1) Include abandoned natural gas pipes that contain PCBs in public service notification programs. 0.25 hour ( 15 minutes) 50 pipes Industry representative indicated no change to this element ( Lacey, 2003).

57 § 761.60( f)( 1)( i) Provide State and local officials with notification prior to first use of an approved chemical waste landfill, incinerator, or alternate PCB disposal technology. 0.50 hour ( 30 minutes). 600 notifications Since cleanup activities remain the same, the estimates for the use of mobile equipment at 300 unique sites remains the same, and will be used as follows: 200 substations per year will use mobile equipment to clean PCB Transformers; about 50 remediation sites will use solvent extraction units; 5 sites will use mobile incinerators, vitrification units, or physical separation units, and 45 sites will use other existing or newly permitted equipment.

58 § 761.60( f)( 1)( ii) Provide annual notice of the quantities and description of the PCBs disposed of to State or local governments, at their request. 0.5 hour   Since the annual reporting requirement to State/ local governments would be initiated at the State or local government level, EPA has no way of estimating this total burden.

59 § 761.60( j)( 1)( ii) Notify State and local officials ( as well as EPA) of PCB R& D disposal activities.     Total burden for EPA and third party reporting requirements are reported on Table 6 1. TABLE 6 2, continued THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 60 § 761.60( j)( 1)( vii) Use manifests, pursuant to Subpart K, for all R& D PCB wastes being transported from the R& D facility to an approved PCB storage or disposal facility. 1 hour 26 facilities Estimate is based on one shipment per year for each facility. Total number of R& D facilities is listed on PADs database 61 § § 761.61( a)( 3)( i) Notify State and local officials ( as well as EPA) of self implementing remediation activity.     Total burden for EPA and third party reporting requirements is reported on Table 6 1.

62 § 761.61( a)( 5)( i)

( B)( 2)( iv) Notify offsite non TSCA facility of pending shipment of remediation waste. 2 hours 100 waste shippers Combined for remediation and bulk product wastes ( numbers 62 and 64).

63 § 761.61( a)( 8)( i)

( A) Attach a notation to the deed for property at which remediation projects require a permanent fence or cap. 3 hours 100 sites.   64 § § 761.62( b)( 4)( i)

and ( ii) ( See also § § 761.357 and 359) Provide notification to a receiving facility that does not have a commercial PCB storage or disposal approval before the first shipment of a PCB bulk product waste stream. In addition, for certain waste this notice must be provided with each shipment thereafter.     See # 62, above. TABLE 6 2, continued THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 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) 91,120 Items, Containers,

and Article Containers The number of Items, Containers, and Article Containers decreases based on a recent extensive analysis conducted for the Draft Analysis of the Cost Impacts of the Potential Amendments to the PCB Regulations at 40 CFR Part 761( U. S. EPA, 2003d). This report indicates that 582,000 units that contain PCBs are removed from service for disposal each year ( including PCB Transformers, Large Capacitors, Small Capacitors, and Voltage Regulators, as well as circuit breakers, reclosers, rectifiers,

switches, electromagnets, and cables) and that 8 percent of these units contain

500 ppm PCBs ( 46,560 PCB Items). The assumption remains that at any given time,

there will be just as many PCB Containers and Article Containers as Articles, making the total number of PCB Items 91,120. For example, there may be instances where contaminated soil from one PCB Article spill may fill 50 containers or that the oil drained from one PCB Transformer fills 4 containers.

The estimate captures that some Articles will be combined into one Container.

The time estimate for these requirements considers that all Items must be dated when removed from service for disposal, whether TABLE 6 2, continued THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 66 § 761.65( i)( 3) Send information regarding the sample collector, the lab, date of shipment, quantity,

and description of sample, when sending PCB samples to a laboratory for testing. 4 hours   Since EPA has no way of estimating the number of samples that would be sent off site annually for testing, or the frequency with which the samples are sent to an off site lab,

EPA cannot estimate the total annual burden associated with this requirement.

Subpart G   PCB Spill Cleanup Policy 67 § 761.125( a)( 1) Report certain spills of PCBs to the NRC. 0.167 hours ( 10 minutes) 276 incidences New average based on the number of PCBrelated incidences reported to the NRC from 2000 to 2002 ( U. S. Coast Guard, 2003).

Related requirement to notify EPA is included on Table 6 1. TABLE 6 2, continued THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 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 262 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 NRC; 95 percent of the average annual 276 spills reported from 2000 to 2002 ( U. S. Coast Guard, 2003). This number is reduced from the previous ICR,

which assumed there would be 12 spills at each of the 565 large utilities, disposers, and storers, for a total of 6,780 sites.

The capital costs for placing the sign is assumed to be $ 50 per site ( i. e., for posts,

labels, etc.), for a total of $ 13,100.

Subpart J   General Records and Reports TABLE 6 2, continued THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 68a § 761.180( g) Provide records of PCB equipment reclassification, if requested, by recipients of equipment. 0.5 hours 3,063 units Estimate assumes it takes 5 minutes for a manager to approve and delegate each request for records and 25 minutes for a clerk to copy and send a paper or electronic version of each complete record ( ERG,

2000).

Refer to # 41a for the rationale for determining that the total amount of reclassified equipment would be 6,125 transformers. Of this amount, 50 percent will be retained by owners ( 3,063), and 50 percent will be transferred to other entities ( i. e., sold, loaned, leased, sent for servicing). TABLE 6 2, continued THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments Subpart K   PCB Waste Disposal Records and Reports 69 § § 761.207( a) and 208( a)( 2) and ( 3) Prepare manifests and provide generatorinitiated manifests of PCB waste to each transporter or designated commercial storage or disposal facility. 0.083 ( 5 minutes)

average According to a compilation of the PCB Annual Reports, from 1998 to 2001, an annual average of 110,368 items ( PCB Capacitors, Article Containers, Transformers,

and PCB Containers) were transferred to another facility ( i. e., a storer or disposer)

( U. S. EPA, 20023f). Each Item or container of items or waste transported from a generator either to a storer or disposer requires information included on a manifest.

To compile the original information for the first manifest that accompanies a piece of equipment or container would take about 10 minutes per item ( 0.167 hours). It would take less time per item for storers to include information on a manifest ( to send to a disposer) because the information is already available. Thus it will be assumed that the time to include information on a manifest per item would average 5 minutes per item ( 0.083 hours).

Refer to numbers 101 and 102. TABLE 6 2, continued THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 70 § § 761.208( c)( 1)

( iv) and ( c)( 2)( iv) Storer or disposer sends a copy of the manifest or shipping paper to the generator. 0.167 hours ( 10 minutes) reports The manifest information is already prepared at this point with a number of Items contained on the manifest or shipping paper.

A shipment can contain from 1 item ( such as a large 20 ft x 20 ft transformer to about 40 drums that contain PCB Articles or bulk waste ( Orton, 2003), with each Item or drum requiring a unique recordkeeping number. It will be assumed for this report that the average number of items on a manifest is 20,

so that of the 110,368 Items transferred, only 5,518 manifests or shipping papers need to be returned.

Refer to numbers 101 and 102. TABLE 6 2, continued THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 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 Based on the PCB Annual Report, the average annual total number of capacitors,

Article containers, transformers, and PCB containers disposed of from 1996 to 2001 is 104,518 ( U. S. EPA, 2003f). Assuming that information regarding 20 items is included on one Certificate of Disposal, then there are a total of 5,226 certificates. This number is similar to the total reports in Item # 70, but assumes that the information on the Certificates is not necessarily the same as the items sent to the disposers by storers ( i. e.,

some shipments could have included items from various generators, thus, this information could not be sent on the same Certificate, although it is based on the information from the manifest or shipping paper). Even when a facility must input data for each Item, most of the required information is readily available for a majority of cases.

Also refer to numbers 101 and 102. TABLE 6 3 RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 40 CFR 761 Subpart A   General 72 § § 761.1( f) Comply with recordkeeping requirements of Subpart J [ § § 761.185( c)( 2) and ( d), and .193] as a condition of the exclusion from the PCB bans, for persons who inadvertently manufacture or import PCBs generated as unintentional impurities in excluded manufacturing processes or generate PCBs in excluded manufacturing process or products with recycled PCBs.     Burden is reported at § § 761.185( c)( 2) and ( d),

and .193( a). See # 100.

Subpart B   Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items 73 § § 761.20( e)

( 4)( i) and ( ii);

.30( i)( 5)( ii); and .60( b)( 5)( iv)( B) Marketer who first claims used oil does not contain detectable PCBs must retain records supporting the claim and a copy of each certification notice received or prepared relating to transactions involving PCBcontaining 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. TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 74a,

b § § 761.30( a)( 1)

( xii) and ( xiv) Maintain records of inspection and maintenance history for at least 3 years after the disposal of a PCB 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 250,000 PCB Transformers 50 percent ( 125,000) are inspected annually and 50 percent are inspected quarterly Revised estimate represents the approximately 250,000 PCB Transformers estimated to be in existence during the clearance period of this ICR ( as reported in Draft Analysis of the Cost Impacts of the Potential Amendments to the PCB Regulations at 40 CFR Part 761 ( U. S.

EPA, 2003d). Time estimate remains the same and reflects the average time for a technician to track the data ( 3 minutes) and for a clerk to file and maintain the data ( 2 minutes). This report does not account for actual inspection time. The calculations for this estimate account for the differences in burden between annual and quarterly inspections. It is assumed that the time to maintain records for the disposed transformers is insignificant.

74c,

d § § 761.30( a)( 1)

( xii) and ( xiv) Maintain records of inspection and maintenance history for at least 3 years after the disposal of a PCB Transformer,

including records of registration, as per § 761.30( a)( 1)( vi)( C). Accounts for the reduced number of Transformers that will be subject to this requirement based on the implementation of the Reclassification Rule,

§ § 761.30( a)( 2)( v) and ( vi). 0.05 hour ( 3 minutes) to track inspection data; 0.033 ( 2 minutes)

to file and maintain data  306 PCB Transformers ; 50 percent ( 153) are inspected annually and 50 percent are inspected quarterly About 6,125 transformers that contain PCBs are reclassified each year ( see # 41a). If 5percent PCB Transformers, then 306 PCB Transformers are reclassified each year ( U. S. EPA, 2003d).

The Reclassification Rule ( see # 75a and b),

reduces the total number of transformers subject to the inspection recordkeeping requirement.

Using the same calculation method as indicated above for # 74 a and b, this requirement shows the estimated savings for the reduced number of Transformers that will be subject to this requirement. TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 75 § § 761.30( a)( 2)( v)

( C) and ( D);

761.30( h)( 2)( vi)

( C) and ( D); and 761.180( a) Maintain records at the facility where electrical transformers, voltage regulators,

electromagnets, and switches have been reclassified to a lower PCB concentration. 0.25 ( 15 minutes) 6,125 transformers Refer to # 41a for an explanation of the number of transformers reclassified each year. It is assumed that the burden associated with reclassified equipment other than transformers will be insignificant. It was also assumed that it will take 15 minutes to maintain the records on pre and post reclassification concentration of the transformer ( EPA, 2000).

76 § § 761.30( i)( 1)

( iii)( B) and ( C) Keep records of data collected on certain natural gas pipeline systems with

50 ppm PCBs and records of actions taken to reduce PCB contamination for 3 years after PCBs reduced to < 50 ppm. 4 hours 100 systems It is not anticipated that new records will need to be developed; historical data can be used. TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 77 § 761.35( a)( 2) Keep records of equipment stored for reuse. 0.15 hour 189,225 pieces of equipment. Total pieces of equipment that require recordkeeping is based on information reported in the cost analysis for the Final Rule, which was reviewed to generate the Draft Analysis of the Cost Impacts of the Potential Amendments to the PCB Regulations at 40 CFR Part 761 ( U. S. EPA, 1998b and U. S. EPA, 2003d). It was reported in the cost analysis that equipment owners will store 182,700 PCB Articles for < 5 years in areas that do not comply with § 761.35( b) and 6,525 PCB Articles for > 5 years,

with compliance with recordkeeping and reporting requirements, for a total of 189,225 pieces of equipment for this requirement.

Subpart C   Marking of PCBs and PCB Items 78 § 761.40( c)( 2)( ii)

and ( k) Keep records of the protected location of PCB large capacitors where owner chooses not to mark individually ( optional). 0.1 hour ( 6 minutes) 100,000 pieces of equipment Based on analysis contained in the Draft Analysis of the Cost Impacts of the Potential Amendments to the PCB Regulations at 40 CFR Part 761 ( U. S.

EPA, 2003d).

Subpart D   Storage and Disposal 79 § 761.60( j)( 1)( ix) Keep records of R& D for disposal activities. 12 hours 26 facilities Number of facilities based on data contained in the PADS database ( U. S. EPA, 2003e). TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 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 selfimplementing remediation requirements received from the RA, State, and local agencies. 0.167 hour ( 10 minutes) 100 sites Time estimate was slightly increased to be consistent with similar activities.

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 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. TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 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 60 waste storers Number of waste storers is 1 percent of the total number of waste generators and storers ( 5,977)

listed in the PADs database ( U. S. EPA, 2003e).

85a,

b § 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 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 a Spill Prevention, Control, and Countermeasure Plan ( SPCC), 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 remains 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 88 commercial storers The total number of storers was obtained from the EPA list of TSCA Commercial Storers,

October, 2003 ( U. S. EPA, 2003b).

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 Commercially Permitted Incinerators ( U. S. EPA, 2003a). TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 90 § § 761.71( a)( 1)

( vi) and ( vii),

( a)( 4), ( b)( 1)(

vivii ( b)( 5);

761.180( e) Record and retain monthly HEB operation data. 12 hours 20 HEBs Note that 5 of these HEBs ( from EPA Region VI) are used intermittently, so that total hourly burden may actually be less than indicated in this report. Also, total number of HEBs is based on EPA estimate of 2 per region.

91 § § 761.72( a)( 9)

and ( b)( 6) Record and retain records of temperature readings from scrap metal recovery ovens. 3 hours 8 ovens From EPA's list of Commercially Permitted Scrap Metal Recovery Ovens ( U. S. EPA,

2003g).

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 9 landfills From EPA's list of Commercially Permitted Disposal Facilities ( U. S. EPA, 2003a).

93 § 761.79( d)( 4) and Subpart T Retain test/ validation results of PODFs and VADFs. 0.5 hour 5 facilities Estimate is 5 percent of the 100 decontamination sites.

94 § § 761.79( f)( 1)

and ( 2) Keep records of confirmatory sampling and sampling locations/ results for decontamination activities and compliance with self implementing decontamination procedures. 2 hours 100 sites. No change.

Subpart E   Exemptions TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 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 26 facilities Number of facilities based on PAD's database ( U. S. EPA, 2003e).

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 remains 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 Based on the average annual number of spills reported to the NRC from 2000 to 2002 ( U. S.

Coast Guard, 203). New estimate is reduced from the 6,780 sets of records included in the prior ICR based on using actual data of reported spills rather than estimates of the total number of spills. TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 98 § 761.125( c)( 1) Maintain records documenting delay in spill cleanup activities and areas of visible contamination. 0.5 hours 14 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 8,945 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 ( 9,095) minus the total number of commercial storers and disposers ( 150 facilities).

( U. S. EPA, 2003a, b, c and e).

100 § § 761.185( c)( 2),

( d) and .193( a)

and ( b) Maintain theoretical analysis or monitoring records by persons who import, manufacture,

process, distribute in commerce, or use products containing inadvertently generated or recycled PCBs, pursuant to § 761.1( f)( 1) to ( 3). Maintain letter certifying compliance with § 761.1( f), for excluded manufacturing processes. 5 hours to file records; 5 hours to maintain previous reports 25 new respondents;

10 previous respondents Number of respondents remains the same based on recent Agency records.

Subpart K   PCB Waste Disposal Records and Reports TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e): ICR 1446.08, SECTION 6( a)

Ref.

# Regulatory Section( s) Collection Requirement Time Estimate Total # Respondent s Per Year Comments 101 § § 761.208 and .209 File and maintain manifests initiated or received by the PCB generator and any subsequent PCB waste handler. 0.167 hour ( 10 minutes) 5,518 manifests Total manifests is an average of 20 items per manifest for a total of 110,368 items ( 5,518)

Refer to numbers 69 and 70.

102 § 761.218( c) Maintain a copy of each Certificate of Disposal received from disposers, for generators and commercial storers of PCB waste. 0.167 hour ( 10 minutes) 5,226 certificates Estimates are based on the estimates used for a similar requirement, # 101, above. Refer to numbers 69 and 70.

Subpart T   Comparison Study for Validating a New Performance Based Decontamination Solvent under § 761.79( d)( 4)

103 § 761.398( c) Record testing parameters and experimental conditions in SOP. Results of validation study are to be affixed in an appendix. 16 hours 5 facilities 6( b) Estimating Respondent Costs Tables 6 4, 6 5, and and 6 6 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:

Facility managers   $ 56.99

Consulting engineers   $ 53.87

Engineering technicians ( non supervisory line employees)   $ 32.85

Clerks   $ 21.18 Note that no requirement was found to use legal or scientific services.

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 262 sites, the total estimated annual capital cost would be $ 13,100 ( 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 rule, providing training, and updating procedures to comply with the reporting and recordkeeping requirements for the Final PCB Disposal Rule ( 63 FR 35384, 62/ 19/ 88; ICR 1729) have been eliminated in this renewal, as the rule has been in effect since 1998 and no new regulations have been promulgated since that time that involve paperwork burdens. One time requirements remain annualized for a 3 year period, as indicated on Tables 6 3 and 6 4. 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 due to rounding. TABLE 6 4 ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE  REPORTING Ref # Regulatory Citation Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Eng.

@ $ 72/

Hour Mgr.

@ $ 60/

Hour Tech.

@ $ 44/

Hour Cler.

@ $ 22/

Hour Hours/ Respond.

/ Year ( 1) Labor Cost/

Year ( 2) Total # of Respond. Total Hours/

Year ( 4) Total Cost/

Year ( 5, 6)

Subpart B 3 761.30( a)( 1)( vi), ( vii), ( xv)

( D) Register newly discovered PCB Transformers  1   1 $ 57 85 85 $ 1,846 ( 5)

4 761.30( a)( 2)( iv) Obtain app. to use alt. meth. to simulate loaded conditions for reclassifying transformers  8 10 2 20 $ 827 38 760 $ 11,973 ( 5)

5 761.30( i)( 1)( iii)( A)( 1) Submit descriptions of gas pipeline systems  8 10 2 20 $ 827 1 20 $ 315 ( 5)

Subpart D 8 761.60( e), ( i)( 2);

761.70( a), ( b), ( d)( 2);

761.75( b)( 7), ( b)( 8)( ii), ( c) Submit disposal permit applications 825   75 900 $ 46,031 40 36,000 $ 701,700 ( 5)

9 761.60( j)( 1)( i) Obtain identification number for R& D disposal   1.5  1.5 $ 49 25 38 $ 469 ( 5)

10 761.60( j)( 1)( ii) Notify officials of R& D activities   4 2 6 $ 174 10 60 $ 1,738 12 761.61( a)( 3)( i),( ii) Notify officials of self imp. remediation  30 50 20 100 $ 3,776 60 6,000 $ 226,548 13 761.61( a)( 3)( ii) Notify EPA of self imp. remediation changes   2  2 $ 66 15 30 $ 986 14 761.61( a)( 3)( iii) Request waiver of notification requirement  2 16 2 20 $ 682 8 160 $ 5,456 15 761.61( a)( 8)( i)( B) Certify recording of deed notation   4  4 $ 131 10 40 $ 1,314 16 761.61( c)( 1) Apply for risk based disposal approval for remediation waste 1,480   120 1,600 $ 82,269 25 40,000 $ 783,820 ( 5)

17 761.62( c)( 1) Apply for risk based disposal or storage approval for bulk PCB product waste 1,480   120 1,600 $ 82,269 10 16,000 $ 313,528 ( 5)

18 761.65( a)( 2), ( 3), ( 4) Notify of attempts to secure disposal   2 1 3 $ 87 20 60 $ 1,738 21 761.65( c)( 6)( i)( C) Demonstrate that storage containers for PCB/ rad waste are protective of health/ env. 32   8 40 $ 1,893 5 200 $ 3,608 ( 5)

22 761.65( d),( e)( 1),( e)( 6 8),

( f) Prepare storage approval application   220  220 $ 7,227 25 5,500 $ 68,855 ( 6) ( 5)

23 761.65( e)( 4) Submit RA request to modify storage approval  1.5  0.5 2 $ 96 17 34 $ 1,633 24 761.65( g)( 9) Notify EPA of changes to storage facilities   1.5 0.5 2 $ 60 10 20 $ 599 25 761.65( j) Demonstrate financial assurance for closure 80 20  20 120 $ 5,873 10 1,200 $ 22,382 ( 5)

27 761.70( d)( 8); 761.75( c)( 7) Notify EPA of changes in disposal facility ownership  7  1 8 $ 420 5 40 $ 2,101 28 761.71( a)( 2) and ( b)( 2) Seek approval to burn liquids other than MODEF in HEBs   40  40 $ 1, 314 1 40 $ 501 ( 5)

31 761.77( a)( 1)( i), ( a)( 1)

( ii)( A)( 1), ( C), ( a)( 2) Request coordinated approval  8 20 8 36 $ 1,282 6 216 $ 2,932 ( 5) TABLE 6 4 ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE  REPORTING Ref # Regulatory Citation Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Eng.

@ $ 72/

Hour Mgr.

@ $ 60/

Hour Tech.

@ $ 44/

Hour Cler.

@ $ 22/

Hour Hours/ Respond.

/ Year ( 1) Labor Cost/

Year ( 2) Total # of Respond. Total Hours/

Year ( 4) Total Cost/

Year ( 5, 6)

33 761.79( h) Prepare requests for decontamination approvals of alternative decontamination sampling methods 1,480   120 1,600 $ 82,269 20 32,000 $ 627,056 ( 5)

Subpart E 34 761.80( e)( 1); ( i)( 1) Qualify for R& D exemptions  32  8 40 $ 1,993 1 40 $ 1,993 35 761.80( e)( 2) and ( i)( 2) Submit requests for renewal of the class exemptions  1   1 $ 57 1 1 $ 57 37 761.80( e)( 4) Notify EPA of PCB mfg. before R& D activities  2 16 2 20 $ 682 1 20 $ 682 Subpart G 40 761/ 125( a)( 1)( i) to ( iii) Report certain spills of PCBs to EPA  0.167   0.167 $ 10 100 17 $ 952 Subpart J 41 761.180( b), ( b)( 3), ( c)( 5) Prepare/ submit annual reports on storage/

disposal  56  3 59 $ 3,255 158 9,322 $ 514,287 41a 761.180( g) Provide EPA with info on reclassified equipment  0.25   0.25 $ 14 45 11 $ 641 42 761.185 Notify EPA for exclusion for inadvertent generation of PCBs  6 11 3 20 $ 405 10 200 $ 4,055 43 761.187 Notify EPA when exceed limits for inadvertent generation of PCBs  6 11 3 20 $ 405 1 20 $ 405 Subpart K 44 761.202( a), 761.205( a e) Notify EPA of PCB waste activity  1  0.5 1.5 $ 68 100 150 $ 6,758 45 761.205( f) Report changes in waste handler notifications  1  0.5 1.5 $ 68 200 300 $ 13,516 46 761.208( a)( 4), 761.215(

bd Submit Exception and Discrepancy Reports to EPA   1.5 0.5 2 $ 60 325 650 $ 19,456 48 761.211( b) Notify EPA of unmanifested waste   0.5  0.5 $ 16 60 30 $ 986 49 761.211( c) Submit Unmanifested Waste Reports   1.5 0.5 2 $ 60 80 160 $ 4,789 Subpart T 50 761.395, 761.398 Submit results of validation study analysis to EPA  1 14 1 16 $ 538 5 80 $ 2,690 TOTALS 149,503 $ 3,352,364 Notes:

( 1) Sum of staff hours.

( 2) Sum of staff hours x labor rates.

( 3) Hours/ respondent/ year x total number of respondents.

( 4) Labor + training costs/ respondent x total number of respondents. Totals may not add due to rounding. ( 5) Total costs are annualized ( x 0.3811) for the one time requirements of numbers 3, 4, 5, 8, 9, 16, 17, 21, 22, 25, 28, 31 and 33.

Line 41 a is new entry as per 11/ 00. TABLE 6 5 ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE  THIRD PARTY REPORTING Ref # Regulatory Citation Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Mgr.

@

$ 56.99 / Hour Tech.

@

$ 32.86 / Hour Cler.

@

$ 21.18 / Hour Hours/ Respond.

/ Year ( 1) Labor Cost/

Year ( 2) Capital Costs ( 3) Total # of Respond. Total Hours/

Year ( 4) Total Cost/

Year ( 5, 6)

Subpart B 52 761.30( a)( 1)( xi), ( xv)( A);

( h)( 1)( ii)( B) Report PCB Transformer and Voltage Regulator fires to NRC  0.167  0.167 $ 5 $ 0 28 5 $ 154 Subpart D 56 761.60( b)( 5)( i)( A)( 1) Include gas pipes in notification programs  0.25  0.25 $ 8 $ 0 50 13 $ 411 57 761.60( f)( 1)( i) Notify state/ local gov'ts of PCB disposal  0.333 0.167 0.5 $ 14 $ 0 600 300 $ 8,686 60 761.60( j)( 1)( vii) Manifest R& D PCB wastes  1  1 $ 33 $ 0 26 26 $ 854 62 761.61( a)( 5)( i)( B)( 2)( iv) Notify offsite non TSCA facility of pending shipment of remediation or bulk waste  2  2 $ 66 $ 0 100 200 $ 6,570 63 761.61( a)( 8)( i)( A) Certify deed notation recording  3  3 $ 99 $ 0 100 300 $ 9,855 65 761.65( c)( 1), ( 8) Attach date notation on PCB Items and Containers  0.083  0.083 $ 3 $ 0 91,120 7,563 $ 248,443 Subpart G 67 761.125( a)( 1) Report certain spills of PCBs to the NRC 0.167   0.167 $ 10 $ 0 276 46 $ 2,627 68 761.125( c)( 2)( ii) Place notice of PCB contamination at cleanup site  1  1 $ 33 $ 50 262 262 $ 3,280 ( 6)

Subpart J 68a 761.180( g) Provide records of reclassification, if requested, to recipients of reclassified equipment 0.083  0.417 0.5 $ 14 $ 0 3,063 1,532 $ 41,541 TABLE 6 5 ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE  THIRD PARTY REPORTING Ref # Regulatory Citation Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Mgr.

@

$ 56.99 / Hour Tech.

@

$ 32.86 / Hour Cler.

@

$ 21.18 / Hour Hours/ Respond.

/ Year ( 1) Labor Cost/

Year ( 2) Capital Costs ( 3) Total # of Respond. Total Hours/

Year ( 4) Total Cost/

Year ( 5, 6)

Subpart K 69 761.207( a); 761.208( a)( 2),

( 3) Prepare manifests of each PCB waste for PCB waste transporters, storers and disposers 0.083   0.083 $ 5 $ 0 110,368 9,161 $ 522,059 70 761.208( c)( 1)( iv),

( c)( 2)( iv) Storer/ disposer sends manifest to generator 0.167   0.167 $ 10 $ 0 5,518 922 $ 52,517 71 761.218( a), ( b) Send Certificates of Disposal to generators  0.25  0.25 $ 8 $ 0 5,226 1,307 $ 42,919 TOTALS $ 50 21,634 $ 939,915 Notes:

( 1) Sum of staff hours.

( 2) Sum of staff hours x labor rates.

( 3) Capital costs calculated per respondent only.

( 4) Hours/ respondent/ year x total number of respondents.

( 5) ( Labor + training costs)/ respondent x total number of respondents. Totals may not add due to rounding.

( 6) Total costs are annualized ( x 0.3811) for one time requirement # 68. TABLE 6 6 ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE  RECORDKEEPING Ref # Regulatory Citation Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Mgr.

@ $ 60/

Hour Tech.

@ $ 44/

Hour Cler.

@ $ 22/

Hour Hours/ Respond.

/ Year ( 1) Labor Cost/

Year ( 2) Total # of Respond. Total Hours/

Year ( 4) Total Cost/

Year ( 5, 6)

Subpart B 74a 761.30( a)( 1)( xii) Maintain PCB Transformer inspection data ( annual)  0.05 0.033 0.083 $ 2 125,000 10,375 $ 292,680 74b 761.30( a)( 1)( xii) Maintain PCB Transformer inspection data ( quarterly)  0.2 0.133 0.333 $ 9 125,000 41,625 $ 1,173,368 74c 761.30( a)( 1)( xii) Maintain PCB Transformer inspection data ( annual)  0.05 0.033 0.083 $ 2 ( 153) ( 13) ($ 358)

74d 761.30( a)( 1)( xii) Maintain PCB Transformer inspection data ( quarterly)  0.2 0.133 0.333 $ 9 ( 153) ( 51) ($ 1,436)

75 761.30( a)( 2)( v);

761.180( a) Maintain records of retrofilled equipment  0.167 0.083 0.25 $ 7 6,125 1,531 $ 44,369 76 761.30( i)( 1)( iii)( B), ( C) Keep records of gas pipeline system data 1 2 1 4 $ 144 100 400 $ 14,387 77 761.35( a)( 2) Keep records of equipment stored for reuse  0.15  0.15 $ 5 189,225 28,384 $ 932,406 78 761.40( c)( 2)( ii) and ( k) Keep large capacitor records ( optional)  0.1  0.1 $ 3 100,000 10,000 $ 328,500 Subpart D 79 761.60( j)( 1)( ix) Keep R& D for disposal records  12  12 $ 394 26 312 $ 10,249 80 761.61( a)( 3)( i)( E); ( a)( 6);

761.295 Keep remediation sampling/ analysis records  1  1 $ 33 100 100 $ 3,285 81 761.61( a)( 3)( iii) Retain waivers from self impl. remediation projects  0.167  0.167 $ 5 100 17 $ 209 ( 5)

82 761.61( a)( 9) Keep records accd. to Spill Cleanup Policy 4 12 4 20 $ 707 100 2,000 $ 70,688 83 761.62( b)( 5) Maintain sampling/ analysis records for bulk product wastes 1 3  4 $ 156 26 104 $ 1,541 ( 5)

84 761.65( a)( 2)( ii), ( a)( 3) Keep records of attempts to secure disposal  4  4 $ 131 60 240 $ 7,884 85a 761.65( c)( 1)( iv) Prepare SPCC plans 5 45 10 60 $ 1,975 5 300 $ 3,763 ( 5)

85b 761.65( c)( 1)( iv) Prepare SPCC plans for liquid PCBs >= 500 ppm 0.5 1 0.5 2 $ 72 10 20 $ 719 86 761.65( c)( 7)( ii) Prepare SPCC plans for facilities using storage containers 5 45 10 60 $ 1,975 5 300 $ 3,763 ( 5)

87 761.65( c)( 8) Keep records of the quantity/ date of each batch added to a stationary storage container  0.083  0.083 $ 3 30,000 2,490 $ 81,797 88 761.65( c)( 10) Establish and maintain annual log records as per 761.180 for PCB storage facilities 24  819 843 $ 18,714 88 74,184 $ 1,646,848 89 761.70( a)( 3), ( 4), ( 7); ( c);

761.180 Maintain incinerator records 48 260 535 843 $ 22,608 4 3,372 $ 90,431 90 761.71( a)( a)( vi), ( vii);

( b)( 1)( vi), ( vii), ( b)( 5);

761.180( e) Retain monthly HEB operating data  12  12 $ 394 20 240 $ 7,884 91 761.72( a)( 9), ( b)( 6) Record and retain scrap metal recovery oven temperature records  3  3 $ 99 8 24 $ 788 TABLE 6 6 ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE  RECORDKEEPING Ref # Regulatory Citation Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Mgr.

@ $ 60/

Hour Tech.

@ $ 44/

Hour Cler.

@ $ 22/

Hour Hours/ Respond.

/ Year ( 1) Labor Cost/

Year ( 2) Total # of Respond. Total Hours/

Year ( 4) Total Cost/

Year ( 5, 6)

92 761.75( b)( 6)( iii),

( b)( 8)( iv); 761.180( d) Maintain chemical waste landfill records 24  819 843 $ 18,714 9 7,587 $ 168,428 93 761.79( d)( 4) Retain PODF/ VADF validation results  0.5  0.5 $ 16 5 3 $ 31 ( 5)

94 761.79( f)( 1), ( 2) Keep decontamination sampling records  2  2 $ 66 100 200 $ 2,504 ( 5)

Subpart E 95 761.80( e)( 5); ( i)( 7) Keep records of PCB mfg/ proc/ dist. in commerce R& D activities  12  12 $ 394 26 312 $ 10,249 96 761.80( g)( 1) Keep records of PCB mfg/ proc/ dist. in commerce of small quantities of PCBs for R& D activities  12  12 $ 394 15 180 $ 5,913 Subpart G 97 761.125( b)( 3), ( c)( 5) Maintain records of cleanup and certification of decontamination 1 5 2 8 $ 264 276 2,208 $ 72,754 98 761.125( c)( 1) Maintain records documenting delay in cleanup   0.5 0.5 $ 11 14 7 $ 148 Subpart J 99 761.180( a), ( a)( 4), ( f);

761.65( c)( 5) Maintain annual records and log for PCBs and PCB Items 12  40 52 $ 1,531 8,945 465,140 $ 13,695,511 100a 761.185( c)( 2) and 761.193( a), ( b) Maintain monitoring data of inadvertent generation of PCBs  5  5 $ 164 25 125 $ 4,106 100b 761.185( c)( 2) and 761.193( a), ( b) Maintain previous records of monitoring data of inadvertent generation of PCBs   5 5 $ 106 10 50 $ 1,059 101 761.208( a), ( b), ( c);

761.209( a d) File and maintain manifests   0.167 0.167 $ 4 5,518 922 $ 19,517 102 761.218( c) Maintain Certificates of Disposal   0.167 0.167 $ 4 5,226 873 $ 18,485 Subpart T 103 761.398( c) Record test parameters and SOP conditions for decontamination validation studies  16  16 $ 526 5 80 $ 1,002 ( 5)

TOTALS 653,640 $ 18,713,472 Notes:

( 1) Sum of staff hours.

( 2) Sum of staff hours x labor rates.

( 3) Hours/ respondent/ year x total number of respondents.

( 4) ( Labor + training costs)/ respondent x total number of respondents. Totals may not add due to rounding.

( 5) Total costs are annualized ( x 0.3811) for one time requirements of numbers 81, 83, 85, 86, 93, 94 and 103. 6( c) Estimating Agency Burden and Cost The estimated Agency burden associated with this Consolidated ICR is shown on Table 6 7 with comments indicated on the table. The detailed costs associated with the Agency burden is shown in Table 6 8. The hourly rates for EPA staff were based on a composite management level at GS 15/ 5 ($ 46.23, rounded to $ 46); technical support at GS 12/ 5 ($ 27.97, rounded to $ 28), and clerical support at GS 7/ 5 ($ 15.77, rounded to $ 16), using the 2003 General Schedule Salary Table, effective January 2003 ( U. S. OPM, 2003). ( Note that Tables 6 7 and 6 8 appear at the end of section 6( e)).

6( d) Estimating the Respondent Universe and Total Burden and Costs Refer to Tables 6 1 through 6 6 for this information 6( e) Bottom Line Burden and Costs ( i) Respondent Tally As indicated on Tables 6 4, the total respondent reporting burden is 149,503 hours and $ 3,352,364. As indicated on Table 6 5, the total respondent third party reporting burden is 21,634 hours and $ 939,915. As indicated on Table 6 6, the total respondent recordkeeping burden is 653,640 hours and $ 18,713,472. Table 6 9 summarizes the respondent burdens and costs for each applicable subpart of 40 CFR 761. As shown on the table, the total paperwork burden for this Consolidated ICR is 824,778 hours and $ 23,005,750.

( ii) Agency Tally As indicated on Table 6 8, the Agency annual burden is 1,114,772 hours and $ 31,191,638.

( iii) Variations in the Annual Bottom Line This section does not apply. There are no anticipated significant variations in the annual respondent reporting or recordkeeping burden or cost over the course of the requested clearance period for either industry or the Federal Government. TABLE 6 7 ANNUAL AGENCY HOURLY BURDEN FOR THE CONSOLIDATED ICR SUPPORTING STATEMENT COVERING THE PCB REGULATIONS AT 40 CFR 761 Collection Activities Burden Hrs/ Year Respondents/

Year Comments Review/ analyze data submissions ( i. e., new exemptions and renewal data); develop rulemakings in response to the petitions for exemption; publish rulemakings in the Federal Register; index and file the data in the public docket. 203 hours 5 renewal petitions: 2 new petitions Federal Register publication costs add approximately $ 1,500 to the annual cost of this collection activity.

Review preliminary PCB Transformer inspection reports;

input data; index/ file data. 20 hours 500 inspections The total time to conduct inspections equals 4 days.

Review exclusion submissions; record/ enter submissions;

analyze requests for confidentiality and provide appropriate protection; store data. 6 hours 8 submissions   Review technology based disposal applications; attend demonstrations ( EPA engineers and contractor analytical chemists); develop ( i. e., grant/ deny) approval; maintain files. 660 hours 15 submissions Costs vary depending on number and type of applications received.

Review facility records, including annual reports. 2 hours per review 1,100 inspections Based on Compliance Monitoring Plan, maximum number of inspections for all 10 Regions combined is 1,100/ year.

Review applications for commercial storage approval, with contractual support. 72 125 hours/ application ; 98.5 hours, average,

rounded to 100 3.3 applications/

year average,

rounded to 3 Review time varies based on the number of deficiencies initially discovered and any supplemental information that is submitted to correct the deficiencies. EPA uses contractual support to review applications. TABLE 6 7, Continued ANNUAL AGENCY HOURLY BURDEN FOR THE CONSOLIDATED ICR SUPPORTING STATEMENT COVERING THE PCB REGULATIONS AT 40 CFR 761 Collection Activities Burden Hrs/ Year Respondents/

Year Comments Process PCB notification forms; update PADS; respond to inquires regarding these submissions; maintain hard copy files of these submissions; and provide contractor oversight. 520 hours   These activities will be conducted at EPA Headquarters only. The hourly figures represent the time allocation to handle all respondents.

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

Maintain PCB Transformer database 260 hours   Respond to numerous requests for regulatory interpretations and inquiries regarding the PCB notification and Transformer Registration Programs. 1,850 hours   Maintain official files of all requests for approvals and EPA's responses. 675 hours   See comment above.

Review requests for risk based disposal and coordinated approvals and alternate decontamination or sampling methods; issue approvals or waivers; maintain files. 23,675 hours 46 submissions Costs vary depending on number and types of applications received. TABLE 6 8 ANNUAL AGENCY HOURLY BURDEN AND COST ( WORKSHEET 2)

Old ICR Collection Activities Hours and Costs Per Respondent Total Hours and Costs Mgmt.

@ $ 46/

Hour Tech.

@ $ 28/

Hour Cler.

@ $ 16/

Hour Agency Hours/

Year ( 1) Labor Cost/

Year ( 2) Capital/

Startup Costs ( 3) Total # of Respond. Total Hours/

Year ( 4) Total Cost/

Year ( 5, 6)

857 Review/ analyze new exemption petitions and renewal data 1 28  29 $ 830  7 203 $ 5,810 857 Develop rulemakings 3 160 8 171 $ 4,746  1 171 $ 4,746 857 Index/ file data   2 2 $ 32  1 2 $ 32 857 FR publication 1 24 8 33 $ 846 $ 1,500 1 33 $ 2,346 857 SUBTOTAL 409 $ 12,934 1000 Review preliminary inspection report  8  8 $ 224  500 4,000 $ 112,000 1000 Review reformatted report  4  4 $ 112  500 2,000 $ 56,000 1000 Review/ input data  4  4 $ 112  500 2,000 $ 56,000 1000 Index/ file data   4 4 $ 64  500 2,000 $ 32,000 1000 SUBTOTAL 10,000 $ 256,000 1001 Review exclusion request submissions  2  2 $ 56  8 16 $ 448 1001 Record/ enter submissions  1  1 $ 28  8 8 $ 224 1001 Analyze requests for confidentiality and provide appropriate protection  1  1 $ 28  8 8 $ 224 1001 Store data  2  2 $ 56  8 16 $ 448 1001 SUBTOTAL 48 $ 1,344 1012 Review applications  312  312 $ 8,736  15 4,680 $ 131,040 1012 Attend demonstrations  156  156 $ 4,368  15 2,340 $ 65,520 1012 Contractor support for demonstrations  140  140 $ 3,920  15 2,100 $ 58,800 1012 Develop ( grant/ deny) approval 2 30  32 $ 932  15 480 $ 13,980 1012 Maintain files  1  1 $ 28  15 15 $ 420 1012 SUBTOTAL 9,615 $ 260,115 1446 Record and retain scrap metal recovery oven temperature records  2  2 $ 56  1,100 2,200 $ 61,600 1446 Maintain chemical waste landfill records  100  100 $ 2,800  3 300 $ 8,400 1446 SUBTOTAL 2,500 $ 70,000 1729 Process notification forms; update PADS  520  520 $ 14,560  1 520 $ 14,560 TABLE 6 8 ANNUAL AGENCY HOURLY BURDEN AND COST ( WORKSHEET 2)

Old ICR Collection Activities Hours and Costs Per Respondent Total Hours and Costs Mgmt.

@ $ 46/

Hour Tech.

@ $ 28/

Hour Cler.

@ $ 16/

Hour Agency Hours/

Year ( 1) Labor Cost/

Year ( 2) Capital/

Startup Costs ( 3) Total # of Respond. Total Hours/

Year ( 4) Total Cost/

Year ( 5, 6)

1729 Process PCB Transformer registrations  520  520 $ 14,560  1 520 $ 14,560 1729 Create PCB Transformer database  260  260 $ 7,280  1 260 $ 7,280 1729 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  23,675  23,675 $ 662,900  46 1,089,050 $ 30,493,400 1729 Respond to requests for regulatory interpretations  1,850  1,850 $ 51,800  1 1,850 $ 51,800 1729 SUBTOTAL 1,092,200 $ 30,581,600 TOTALS 1,114,772 $ 31,191,638 Notes:

( 1) Sum of staff hours.

( 2) Sum of staff hours x labor rates.

( 3) EPA estimates.

( 4) Total number of respondents x Agency hours/ year.

( 5) Labor + training costs x respondent x total number of respondents.

( 6) Totals may not add due to rounding. 68 TABLE 6 9 SUMMARY OF RESPONDENT BURDENS AND COSTS BY SUBPART Subparts Total # of Resp. Total Hours Per Year Total Hours Per Resp. ( 1) Total Cost Per Year Total Cost Per Hour ( 2)

Reporting Subpart B 124 865 6.98 $ 14,134 $ 16 Subpart D 302 137,638 456 $ 2,766,962 $ 20 Subpart E 3 61 20 $ 2,732 $ 45 Subpart G 100 17 0.17 $ 952 $ 57 Subpart J 214 9,553 45 $ 519,388 $ 54 Subpart K 765 1,290 2 $ 45,505 $ 35 Subpart T 5 80 16 $ 2,690 $ 34 Subtotal Reporting 1,513 149,503 $ 3,352,364 $ 22 Third Party Reporting Subpart B 28 5 0.18 $ 154 $ 31 Subpart D 91,996 8,401 0.09 $ 274,819 $ 33 Subpart G 538 308 0.57 $ 5,907 $ 19 Subpart J 3,063 1,532 0.50 $ 41,541 $ 27 Subpart K 121,112 11,389 0.09 $ 617,495 $ 54 Subtotal Third Party Reporting 216,737 21,634 $ 939,915 $ 43 Recordkeeping Subpart B 545,144 92,251 0.17 $ 2,783,915 $ 30 Subpart D 30,666 91,492 2.98 $ 2,100,813 $ 23 Subpart E 41 492 12.00 $ 16,162 $ 33 Subpart G 290 2,215 7.64 $ 72,902 $ 33 Subpart J 19,724 467,109 23.68 $ 13,738,678 $ 29 Subpart T 5 80 16.00 $ 1,002 $ 13 Subtotal Recordkeeping 595,870 653,640 $ 18,713,472 $ 29 Totals 814,120 824,778 $ 23,005,750 Notes: ( 1) Total hours per year/ total number of respondents ( 2) Total cost per year/ total hours per year 69 6( f) Reasons for Change in Burden The total burden for this ICR is 824,778 hours and $ 23,005,750. The previous burden in OMB's inventory for the existing Consolidated ICR was 741,261 hours and $ 24,789,115. This results in a cumulative increase of 83,517 hours ( 824,778  741,261) and a decrease of $ 1,783,365 ($ 24,789,115  $ 23,005,750).

In addition to revised wage rates ( some increased, some decreased), the changes in the total annual respondent reporting and recordkeeping burdens and costs over the course of the requested clearance period for many provisions was due to revisions to the total number of respondents. In some cases, the total number of respondents was based on number of facilities, in other cases, the total number of respondents was calculated by estimating the total number of pieces of equipment that respondents must keep track of for a particular requirement. The up todate wage rates and the change from the previous ICR are as follows:

° Facility manager   new rate, $ 56.99; prior rate; $ 60 ( 5.02 percent decrease) ° Engineer/ foreman   new rate, $ 53.87; prior rate, $ 45 ( 16.47 percent increase) ° Engineering technician   new rate, $ 32.85; prior rate, $ 31 ( 5.63 percent increase) ° Clerk   new rate, $ 21.18; prior rate, $ 22 ( 3.73 percent decrease)

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

Additionally, several one time requirements were annualized for this ICR, which lowers the total annual costs, although not the hourly burdens. The costs for Item numbers 28, 31, and 103, which refer to seeking approvals to burn liquids other than mineral oil dielectric fluids in high efficiency boilers, requesting coordinated approvals, and recording testing parameters for decontamination validation studies, were annualized for this ICR.

Finally, two minor reporting requirements ( items 41a & 68a) have been added to account for provisions of the April 2, 2001, Reclassification of PCB and PCB Contaminated Electrical Equipment; Final Rule that were not included in the previous Consolidated PCB ICR on file with OMB. The specific adjustments to this Consolidated ICR are explained on Tables 6 1 through 6 7 and are summarized on Table 6 10 and in the following discussion.

° Item number 3   The total number of newly discovered PCB Transformers that must be reported to EPA was reduced from 500 to 85, based on the Draft Analysis of the Cost Impacts of the Potential Amendments to the PCB Regulations at 40 CFR Part 761 and discussion with industry representatives that indicated most newly discovered PCB transformers are disposed of; the most likely 70 transformers reclassified are the large, expensive transformers because the smaller pole and pad mounted types are not as expensive to replace. ( 500 hrs  85 hrs) ( 415 hr adjustment)

° Item numbers 5, 10, 12 to 21, 23, 27, 31 to 33, 40, and 46 to 49   Adjustments have been made to the average number of notifications the Agency anticipates receiving during the clearance period for this ICR based on the average number of notifications the Agency has received annually over the past few years, as tallied by EPA PCB Regional Coordinators. The cumulative adjustment for these notifications is 95,717 hrs  27,529 hrs.(+ 68,188 hr adjustment)

° Item number 8   The total number of new and renewal applications for operating a PCB disposal facility increased from an estimated 15 applicants to about 40 applicants, based on a new tally of applications received by EPA over the past few years. However, the average time for preparing these applications decreased from 990 hours to 900 hours based on a greater number of renewal versus new applications, which take fewer hours to prepare. ( 36,000 hrs  14,850 hrs) (+ 21,150 hr adjustment)

° Item numbers 22 and 25   The number of respondents to submit new and facility modification applications for commercial storage approvals increases from 3 new applications total to 10 new applications plus 15 applications for facility modifications based on the number of applications the Agency has received over the past few years. The weighted average to prepare the new and renewal application decreases from 393 hours to about 220 hrs due to the decreased time to prepare applications for facility modifications compared to preparing applications for new facilities [( 392 hrs x 10) + ( 100 hrs x 15)]/ 25. The time to prepare notification of modification was estimated to be about one fourth the time to prepare initial application. The number of demonstrations and applications new owners of commercial storage facilities must conduct and submit is consistent with the number of new applications for commercial storage approvals [( 5,500 hrs  1,176 hrs) + ( 1,200 hrs  360 hrs)] (+ 5,164 hr program adjustment)

° Item number 28   The number of notifications submitted prior to the initial use of a high efficiency boiler for burning mineral oil dielectric fluid decreases from 20 notifications to none; the Agency has not received any such notifications in the past few years. Likewise, the number of approvals to burn liquids other than MODEF increases from none to 1, based on the number submitted to the Agency. The time estimates do not change for preparing this approval request. ( 40 hr  30 hr) (+ 10 hr adjustment)

° Item numbers 34, 35, 37, and 38   The estimate for the total number of respondents who submit R& D exemption requests decreases from 27 companies to 71 1 company per year based on recent Agency submissions. The number of renewal requests decreases from 3 to 1 request per year. Similarly, there is only one notification per year ( and not 3) for manufacturing PCBs for R& D. No petitions have been submitted in the past few years for Item # 38. [( 1000 hrs  40 hrs) + ( 2 hrs  1 hr) + ( 60 hrs  20 hrs) + ( 120 hrs  0 hrs)] ( 1,121 hr adjustment)

° Item number 41   The reduced estimate for the number of incinerators, chemical waste landfills, high efficiency boilers, and commercial storage facilities was based on the most recent EPA data. ( 15,635 hrs  9,322 hrs) ( 6,313 hr adjustment)

° Item numbers 41a, 68a and 75   Revised estimate for the total number of units reclassified is based on information gathered for the Draft Analysis of the Cost Impacts of the Potential Amendments to the PCB Regulations at 40 CFR Part 761 and from regulated entities. Reporting burden for items # 41( a) and 68( a) were not captured by previous calculations [( 0 hrs  11 hrs) + ( 0 hrs  1,532 hrs) + ( 15,050 hrs  1,531 hrs) ( 11,976 hr adjustment)

° Item number 52   An overview of NRC data indicates that a number of calls involved reports of fire incidents, thus an increase to 28 calls from 10 calls ( an new assumption of 10 percent of all calls) ( 5 hr  2 hr) (+ 3 hr adjustment)

° Item numbers 60, 79, and 95   The number of R& D facilities increased from 25 to 26 facilities. The cumulative hourly burden increase based on this change is + 1 hr for # 60; + 12 hr for # 79; and + 12 hrs for # 95. (+ 25 hr adjustment)

° Item number 65   A new reduced estimate for the total number of Items, Containers, and Article Containers is based on the more recent analysis conducted for the Draft Analysis of the Cost Impacts of the Potential Amendments to the PCB Regulations at 40 CFR Part 761. ( 31,540 hr  7,563 hr) ( 23,977 hr adjustment)