Supporting Statement for a Request for OMB Review under

the Paperwork Reduction Act

1.  IDENTIFICATION OF THE INFORMATION COLLECTION

l(a)	Title of the Information Collection

TITLE:	PCBs, Consolidated Reporting and Recordkeeping Requirements

EPA ICR No.:	1446.10	OMB Control No:	2070-0112

1(b)	Short Characterization

The Toxic Substances Control Act (TSCA) section 6(e)(1), 15 USC 2605(e), directs EPA to regulate the marking and disposal of polychlorinated biphenyls (PCBs).  Section 6(e)(2) bans the manufacturing, processing, distribution in commerce, and use of PCBs in other than a totally enclosed manner.  Section 6(e)(3) establishes a process for obtaining an exemption from the prohibitions on the manufacture, processing, and distribution in commerce of PCBs.  This provision requires that EPA must make a finding by rule that such activities will not present an unreasonable risk of injury to health or the environment.  In addition, good faith efforts must have been made by the petitioner to develop a chemical substance that does not present an unreasonable risk to replace the PCBs.  Exemptions may be granted for a period not to exceed one year.  Since 1978, EPA has promulgated numerous rules addressing all aspects of the life cycle of PCBs as required by the statute.  These regulations have been codified in the various subparts of 40 CFR 761, as shown in Table 1-1.  Appendix A contains a copy of the statute and Appendix B is a copy of the regulations.

TABLE 1-1

 SUBPARTS AND SECTIONS OF 40 CFR 761

Subpart	Section Numbers	Subpart Title

Subpart A

761.1 - .19

General

Subpart B

761.20 - .35

Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items

Subpart C

761.40 - .45

Marking of PCBs and PCB Items

Subpart D

761.50 -.79

Storage and Disposal

Subpart E

761.80

Exemptions

Subpart F

761.91 - .99

Transboundary Shipments of PCBs for Disposal

Subpart G

761.120 - .135

PCB Spill Cleanup Policy

Subpart J

761.180 - .193

General Records and Reports

Subpart K

761.202 - .218

PCB Waste Disposal Records and Reports

Subpart M

761.240 - .257

Determining a PCB Concentration for Purposes of Abandonment or Disposal of Natural Gas Pipeline; Selecting Sample Sites, Collecting Surface Samples, and Analyzing Standard PCB Wipe Samples

Subpart N

761.260 - .274

Cleanup Site Characterization Sampling for PCB Remediation Waste in Accordance with 40 CFR 761.61(a)(2)

Subpart O

761.280 - .298

Sampling to Verify Completion of Self-Implementing Cleanup and On-Site Disposal of Bulk PCB Remediation Waste and Porous Surfaces in Accordance with 761.61(a)(6)

Subpart P

761.300 - .316

Sampling Non-Porous Surfaces for Measurement-Based Use, Reuse, and On-Site or Off-Site Disposal Under 761.61(a)(6) and 761.79(b)(3)

Subpart Q

761.320 - .326

Self-Implementing Alternative Extraction and Chemical Analysis Procedures for Non-Liquid PCB Remediation Waste Samples

Subpart R

761.340 - .359

Sampling Non-Liquid, Non-Metal PCB Bulk Product Waste for Purposes of Characterization for PCB Disposal in Accordance with 761.62, and Sampling PCB Remediation Waste Destined for Off-Site Disposal, in Accordance with 761.61

Subpart S

761.360 - .378

Double Wash/Rinse Method for Decontaminating Non-Porous Surfaces

Subpart T

761.380 - .398

Comparison Study for Validating a New Performance-Based Decontamination Solvent Under 40 CFR 971.79(d)(4)

This Supporting Statement is a renewal of the Information Collection Request (ICR) that previously consolidated six ICRs as follows:

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

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

3.	ICR 1001—PCB Exclusions, Exemptions, and Use Authorizations (OMB Control No. 2070-0008).

4.	ICR 1012—PCB Disposal Permitting Regulation (OMB Control No. 2070-0011).

5.	ICR 1446—Notification and Manifesting for PCB Waste Activities (OMB Control No. 2070-0112), which incorporates ICR 583 - PCB Use, Storage, and Disposal Recordkeeping Requirements (OMB Control No. 2070-0061).  This collection was amended to address third-party notifications and to address the burden associated with EPA’s Reclassification Rule when it was a proposed rule.

6.	ICR 1729—Final Regulations Amending the PCB Regulations at 40 CFR 761 (OMB Control No. 2070-0159).

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

There are approximately 100 specific reporting, third-party reporting, and recordkeeping requirements covered by this consolidated ICR.  Some examples of reporting and third-party reporting requirements included at 40 CFR 761 follow:

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

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

Submitting annual reports concerning the storage and disposal of PCBs.

Notifying EPA to obtain approval to exceed the time limits for storing equipment slated for reuse or to exceed the current one-year limitation on storing equipment for disposal.

Notifying EPA (i.e., reporting) and state and local officials (i.e., third-party reporting) of self-implementing PCB remediation activities and changes to these activities, and providing certification that all records of remediation activities are on file.

Requesting EPA approval to operate facilities that dispose or commercially store PCBs.

Submitting Unmanifested Waste Reports.

Sending Certificates of Disposal to generators of PCB waste (third-party reporting).

Examples of recordkeeping requirements under 40 CFR 761 include:

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

Maintaining records of PCB equipment stored for reuse.

Keeping records of remediation activities.

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

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

Maintaining monitoring records of the manufacture, import, processing, distribution in commerce, or use of chemicals containing inadvertently generated or recycled PCBs.

Maintaining records associated with the transfer, storage, and disposal of PCBs and PCB equipment; the processing and distribution in commerce of PCBs; and the decontamination of PCB Items.

Information required by these regulations is used by EPA’s Regional Administrators, the Office of Enforcement and Compliance Assurance (OECA), or the Office of Pollution Prevention and Toxics (OPPT), as appropriate.  Much of the information is maintained as part of the public docket.  Confidential business information (CBI) submitted to EPA to qualify for the chemical manufacturing exclusions is maintained by OPPT in the CBI docket.  Data collected under the transformer registration program are provided to the EPA Regional Offices and other environmental offices, on an as requested basis (e.g., state environmental agencies, fire response personnel, etc.), and is accessible online as well.

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

2.  NEED FOR AND USE OF THE COLLECTION

2(a)	Need/Authority for the Collection

The reporting and recordkeeping requirements of this consolidated ICR are implemented under the TSCA authorities 15 USC 2605, section 6(e).  To meet its statutory obligations, EPA must obtain sufficient information to conclude that the specified activities do not result in an unreasonable risk of injury to health or the environment.  The regulations are intended to prevent the improper handling and disposal of PCBs and to minimize the exposure of human beings or the environment to PCBs.

To assist EPA in achieving these goals, the information collected by these requirements will update the Agency’s knowledge of ongoing PCB activities, ensure that individuals using or disposing of PCBs are held accountable for their activities, and demonstrate compliance with the PCB regulations.  Tables 2-1, 2-2, and 2-3 (located at the end of this section) provide specific regulatory citations for each reporting, third-party reporting, and recordkeeping requirement, respectively, as well as the use for each requirement, which is provided in response to section 2(b) of this report.  Item numbers in the first column of the tables are included for ease of reference to the numerous requirements and are carried through to other sections and tables throughout this document.

There are, however, certain PCB requirements that are exempt from the Paperwork Reduction Act (PRA).  In defining “collection of information,” OMB’s PRA regulations explicitly exempt public disclosures where all the information required to be displayed is supplied by the government.  The last sentence of 5 CFR 1320.3(c)(2) states, “The public disclosure of information originally supplied by the Federal Government to the recipient for the purpose of disclosure to the public is not included within this definition” (emphasis added).

EPA’s PCB marking requirements at 761.40 and .45 supply all the information required by EPA to be displayed on items containing PCBs, except for 761.45(a) and .40(j)(2).  All the information required to be disclosed for compliance with these two provisions is not provided by EPA, however, the requirements do not negate the above conclusion.

For 761.45(a), the mark prompts the recipient to add information identifying the name and telephone number of a person to contact beyond the contact information already supplied by EPA’s mark itself.  (The mark gives an emergency 800 number at the U.S. Coast Guard in case of accidents or spills, and states “for disposal information contact the nearest U.S. EPA office.”) However, OMB’s PRA regulations state at 5 CFR 1320.3(h)(1) that the definition of “information” does not generally include “affidavits, oaths, affirmations, certifications, receipts, changes of address, consents, or acknowledgments; provided that they entail no burden other than that necessary to identify the respondent, the date, the respondent’s address, and the nature of the instrument.”  Thus, requiring the recipient to display merely the name and phone number of a contact person falls outside OMB’s definition of “information” and therefore does not require OMB approval or negate the exemption, under 5 CFR 1320.3(c)(2), for the PCB marking requirements.

The second exemption is that 761.40(j)(2) allows the use of marks other than that prescribed by EPA at 761.45 for  PCB Transformers (provided, among other things, that (i) those marks were in use before August 15, 1985, (ii) before August 15, 1985, the primary fire department accepted the alternative mark, (iii) the EPA Regional Administrator (RA) was informed in writing of the alternative mark by October 3, 1988, and (iv) the EPA RA approved the alternative mark within 30 days of receipt).  This exception applies only to the discrete universe of individuals who were already using alternative markings before August 15, 1985, and received EPA’s approval to continue using it.  At that time, the PRA did not apply to Agency requirements that regulated entities disclose information to third parties or the pubic rather than to the Agency itself, Dole v. United Steelworkers of America, 110 S. Ct. 929, 938 (1990), such as a requirement to display a marking on PCB Transformers.

There are three main types of possible violations for these PCB marking requirements: PCB Transformers with (1) no labels, (2) unapproved alternative labels, or (3) inadequate labels with missing or incorrect information.  Those persons who fail to use any mark and never submitted an application for an alternative, and those persons who are using an unapproved alternative mark, cannot assert the PRA as an affirmative defense, because they are required to use the mark specified in 761.45, which, according to 5 CFR 1320.3(c)(2), does not constitute the collection of information.

2(b)	Use of the Data

EPA will use the information collected by the 40 CFR 761 requirements to ensure PCBs are managed in an environmentally safe manner and that activities are being conducted in compliance with the PCB regulations.  Tables 2-1, 2-2, and 2-3 contain information on the specific use of the data for each information collection.

TABLE 2-1

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

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

Ref.  #

Regulatory Section(s)

Collection Requirement

2(b) Use of Collected Information

40 CFR 761

Subpart A—General

1

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

and (3)

Comply with reporting requirements of Subpart J (761.185 - .187) as a condition to be exempt from the manufacturing ban of Subpart B, for persons who:  inadvertently manufacture or import PCBs generated as unintentional impurities in excluded manufacturing processes; process, distribute in commerce, or use products containing PCBs generated in excluded manufacturing processes; or process, distribute in commerce, or use products containing recycled PCBs, as per 761.1(f)(1) to (3).

Provide means for Agency to verify that individuals who claim manufacturing exclusions are generating only allowed quantities of PCBs in the products that leave their manufacturing sites.  Provide data used to establish who is generating new PCBs, where these PCBs are being generated, and in what quantities.  Identify sites for compliance inspections of those facilities that have reported unusually high amounts of PCBs released to products, air, or water.  Provide quality control in that the regulation encourages manufacturers to audit their operations, quantify their PCB releases, and maintain their particular PCB releases within prescribed limits.  (Also see numbers 42 & 43.)

Subpart B—Use

2

761.20(b) and

(c)(1) and (3)

Submit an exemption petition as per TSCA section 6(e)(3) to manufacture (import), process, or distribute in commerce (export) PCBs, unless otherwise authorized.

Implement statutory mandate that these activities will not result in an unreasonable risk of injury to health or the environment.  (Also see numbers 34 and 39.)

3

761.30(a)(1)

(vi), (vii), and

(xv)(D)

Register newly discovered PCB Transformers.  (See Appendix C for EPA Form 7720-12).

Provide EPA and building owners with key information about transformer locations.

4

761.30(a)(2)

(v)(C) and

.30(h)(2)(v)(C)

Obtain EPA approval to use alternate method for reclassifying transformers.

Provide EPA with adequate information to respond to request for relief from regulatory requirement.

5

761.30(i)(1)

(iii)(A)(1)

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

Keep regions informed of the operation of a natural gas pipeline system that contains PCBs.

6

761.30(t)(3)

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

Ensure that the wide variety and sometimes rare cases of PCB-contaminated gas or liquid systems are identified and cleaned to <50 ppm.

7

761.35(b)

Obtain EPA approval for an extended storage for reuse period.

Prevent indefinite storage of equipment in areas not designed, constructed, or operated in compliance with toxic/hazardous waste storage requirements (e.g., TSCA 761.65(b) or RCRA 3004 or 3006 facilities).

Subpart D—Storage and Disposal

8

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

Submit permit application and, when applicable, a demo plan for obtaining approval to operate a PCB disposal facility (i.e., alternative method of disposal, incinerator, chemical waste landfill).  Submit requests for approval of R&D for PCB disposal for persons not following self-implementing requirements.

Determine if applications meet the technical and operational criteria for a disposal or R&D facility to prevent PCB releases into the environment.

9

761.60(j)(1)(i)

Notify EPA to obtain an identification number for conducting R&D on PCB disposal activities.  (See Appendix D for EPA Form 7710-53).

Ensure EPA is knowledgeable of PCB R&D activities (i.e., a waste handling activity) to prevent risk of injury to health or the environment.  (Also see number 44.)

10

761.60(j)(1)(ii)

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

Keep relevant regional authorities informed of PCB waste handling activities in their area.

11

761.60(j)(2)

Obtain EPA’s approval to exceed allowable volume of PCB material, maximum concentration of PCBs, total amount of pure PCBs or duration of an R&D activity.

Ensure the PCB R&D disposal activities will not cause risk of injury to health or the environment.

12

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

Notify EPA (as well as state, tribal, and local) officials of self-implementing remediation activity, including a summary of the procedures used to sample contaminated areas and sample collection and analysis data; submit additional information as requested; and certify that records of remediation activity are on file at the location designated in the certificate.

Allow for flexibility in self-implementing remediation by keeping proper authorities informed of remediation activities.

13

761.61(a)(3)(ii)

Notify EPA of changes to notification of self-implementing activities.

Allow for flexibility in self-implementing remediation by keeping proper authorities informed of remediation activities.

14

761.61(a)(3)(iii)

Request a waiver of the notification requirement for conducting cleanup of PCB remediation waste.

Allow for flexibility in self-implementing remediation by keeping proper authorities informed of remediation activities.

15

761.61(a)(8)(i)(B)

Submit certification to EPA that the deed notation required by 761.61(a)(8)(i)(A) has been recorded.

Ensure proper notification to potential land owners of PCB history at the site.

16

761.61(c)(1)

Apply for risk-based disposal of PCB remediation wastes.  Submit additional information as requested by EPA.

Allow EPA, on an as-requested basis, to assess proposed disposal option and ensure that it will not present risk of injury to health or the environment.

17

761.62(c)(1)

Obtain approval for risk-based disposal or storage of PCB bulk product waste.  Provide additional information and periodic progress reports, as requested by EPA.

Allow EPA, on an as-requested basis, to assess proposed disposal or storage option and ensure that it will not present a risk of injury to health and the environment.

18

761.65(a)(2)

Provide notification that continuing attempts to dispose of or secure disposal for PCB waste within the one-year time frame have been unsuccessful, for which EPA may grant an automatic ond-year extension.

Show good faith attempts to secure disposal of PCB wastes.  Allow EPA to evaluate whether the one-year time frame for storage should be extended and ensure that appropriate treatment and disposal options are being pursued.

19

761.65(a)(3)

Submit requests for additional extensions beyond the initial one-year extension, including justification and information on measures taken to secure disposal.

Ensure that appropriate treatment and disposal options are being pursued.

20

761.65(a)(4)

Submit request for modifications to TSCA approval to allow for extended storage period.

Allow EPA to assess whether a facility is likely to present an unreasonable risk of injury as a result of being granted approval to extend the storage timeframes for the disposal of PCB waste.

21

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

Demonstrate to the RA and other appropriate regulatory authorities (i.e., Nuclear Regulatory Commission, DOE, or DOT), that the use of other containers for the storage of liquid and non-liquid PCB/radioactive wastes is protective of health and the environment.

Allow flexibility in using unique container designs that meet the criteria for containers used to store liquid or non-liquid PCB/radioactive waste.

22

761.65(d); (e)(1), (6), and (8); and (f)

Prepare application for commercial storage approval, including qualifications of key employees, closure plan, and closure cost estimate.  Commercial storer must also notify EPA of facility modification, closure schedule, and completion of closure activities.

Allow EPA to assess operational capabilities, to determine whether storers/ disposers of PCB wastes have the ability to close their facilities in a safe manner, and to prohibit intermediate handlers of PCBs who are financially unable to close their facilities from becoming potential Superfund sites.

23

761.65(e)(4)

Submit a written request to the RA to modify a storage approval to amend the closure plan, when there are changes in ownership, changes in expected dates of closure, and/or unexpected events.

Ensure proper management of storage facilities.

24

761.65(g)(9)

Notify issuing authority of modifications to commercial storage facilities.

Ensure financial assurance mechanism is adequately funded.

25

761.65(j)

Demonstrate that a new owner of a commercial storage facility has established financial assurance for closure.  Submit new or amended commercial storage application as a result of change in ownership.

Ensure proper management of storage facilities and handling of PCB wastes prior to approving changes in ownership.

26

761.70(a)(8), (9); and (d)(5)

Obtain approval of alternate measures when regulatory requirements cannot be met for operating a PCB incinerator.

Allow EPA to assess adequacy of alternate procedures for use at incinerators.

27

761.70(d)(8); 761.75 (c) (7)

Notify EPA of change in ownership of disposal facility (i.e., incinerators and landfills).

Allow EPA to determine whether transfer will present risk of injury to health and environment.

28

761.71(a)(2) and (b)(2)

Notify EPA prior to initial use of high efficiency boiler to burn mineral oil dielectric fluid.  Seek approval to burn liquids, other than mineral oil dielectric fluid in a HEB.

Ensure that the operation of high efficiency boilers will not present a risk of injury to health or the environment.

29

761.72(c)(2)

Notify EPA as a scrap metal recovery oven or smelter used to dispose of PCBs and comply with the reporting requirements of Subparts J and K.

Ensure that the operation of industrial furnaces will not present risk of injury to health or the environment.  (Also see number 44.)

30

761.72(c)(3)

Submit written request to RA based on site-specific risk assessments, in lieu of meeting requirements listed in 761.72.

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

31

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

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

Allow EPA to assess whether facilities seeking coordinated approval properly manage PCB wastes and recognize the federal or state waste management documents governing the properly managed facilities, thus contributing to more efficient use of limited resources.

32

761.77(a)(3)

Notify EPA of changes in waste management requirements in the non-TSCA waste management document used to obtain TSCA PCB coordinated approvals.

Ensure the proper handling of PCB wastes.

33

761.79(h)

Submit requests for approvals of alternative decontamination or sampling methods, for any person decontaminating porous surfaces other than concrete, as per paragraph (b)(4), or non-porous surfaces covered with a porous surface, as per paragraph (b)(3) or (c)(6), and/or by using a self-implementing procedures other than prescribed in paragraph (c).  EPA may request additional information.

Allow EPA, on an as-requested basis, to ensure that decontamination methods will not pose risk of injury to health or the environment.

Subpart E—Exemptions

34

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

Submit petition to qualify for the class exemptions for manufacturing PCBs for disposal R&D and for the manufacture, import, processing, distribution, and export of PCBs and analytical reference samples derived from PCB waste for R&D.

Allow EPA, on an as-requested basis, to assess whether a facility meets the criteria for being granted an exemption.  Minimize negative impacts from the relatively time-consuming statutory process for individual companies seeking an exemption from the prohibition on manufacturing, processing, and distributing in commerce of PCBs.  [Statutory requirement] (Also see numbers 2 and 39).

35

761.80(e), (i)(2) and (n)

Submit requests for renewal of the class exemptions.

Allow EPA, on an as-requested basis, to ensure that facility operations will not pose risk of injury to health or the environment.

36

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

Obtain approval from EPA to exceed limits of the exemption.

Allow EPA, on an as-requested basis, to ensure that facility operations will not pose risk of injury to health or the environment.

37

761.80(e)(4)

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

Ensure that facility operation will not pose risk of injury to health or the environment.

38

761.80(n)

Submit a petition for certain exemptions to address increases in the amount of PCBs to be processed and distributed, imported (manufactured), or exported, or changes in the manner of processing and distributing, importing (manufacturing), or exporting PCBs.

Allow EPA, on an as-requested basis, to ensure that facility operations will not pose risk of injury to health or the environment.

Subpart F—Transboundary Shipments of PCBs for Disposal

39

761.93(a) and .97(a)

Submit an exemption petition as per TSCA section 6(e)(3) to import PCBs or PCB Items for disposal.

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

Subpart G—PCB Spill Cleanup Policy

40

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

Report certain spills of PCBs to EPA.  Request guidance from the RA in completing statistical sampling of the spill area to establish spill boundaries, where there are no visible traces of contamination.

Make reporting consistent with CERCLA requirements and facilitate cleanup of PCBs, to prevent exposure to PCBs.

Subpart J—General Records and Reports

41

761.180(b)

(3) and (c)(5)

Submit annual reports for the operation of PCB incinerators, chemical waste landfills, high efficiency boilers, and commercial storage facilities, including facilities that dispose of the PCB wastes they generate.  Report suspension of operations.

Fill gaps in EPA’s knowledge of how PCB wastes are being handled and allow the Agency to respond to public and Congressional inquiries.  Enable EPA to more effectively target disposal facilities for inspection and compliance monitoring.

41a

761.180(g)

Provide records pertaining to the reclassification of PCB equipment, if requested by EPA.

Address EPA’s concerns regarding reclassification procedures and results for the specified equipment.  (Also see number 68a.)

42

761.185

Notify EPA and certify low level PCB product contamination to be exempt from the requirements of Subpart B, regarding processes inadvertently generating PCBs and imports of products containing inadvertently generated PCBs.  Certification must be repeated if the previous certification is no longer valid.

Ensure products do not reach U.S. markets with unacceptably high levels of PCBs.

43

761.187

Notify EPA when PCB releases exceed limits, to be exempt from the requirements of Subpart B, for products, manufactured or imported with inadvertently generated PCBs.

Ensure that facility operations will not pose risk of injury to health/environment.

Subpart K—PCB Waste Disposal Records and Reports

44

761.202(a); 205(a) to (c)

Notify EPA of waste handling activities, for generators, commercial storers, transporters, or disposers of PCB waste.

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

45

761.205(f)

Report changes in notifications previously submitted by PCB waste handlers (i.e., amended notification).

Ensure that PCB waste handlers are operating within the proper criteria.

46

761.208(a)(4) and .215(b) to (d)

Submit Exception Reports to EPA when PCB waste generators, disposers, and/or commercial storers do not receive confirmation that a shipment of a PCB waste has been properly disposed of.

Track the movement of PCB waste to ensure they arrive at intended storage or disposal site.

47

761.210(b)

Submit Discrepancy Reports and copies of manifests to EPA when the PCB waste received by a disposer is significantly different from the description on the manifest that accompanies it, and the discrepancy is not resolved within 15 days after receiving the PCB waste.

Enable EPA to investigate potential violations and prevent further environmental contamination.  Target companies for inspection.

48

761.211(b)

Notify RA of unmanifested PCB waste, for owners/operators of commercial storage facilities who cannot contact the generator of the PCB waste.

Enable EPA to investigate potential violations and prevent further environmental contamination.  Target companies for inspection.

49

761.211(c)

Submit Unmanifested Waste Reports (e.g., waste description, volume, disposition; date received; ID numbers of waste handlers for that waste) to EPA when disposers accept a shipment of PCB waste without an accompanying manifest.

Enable EPA to investigate potential violations and prevent further environmental contamination.  Target companies for inspection.

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

50

761.395 and

398(a)

Submit results of analysis and validation study to the Director, National Program Chemicals Division (NPCD).

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

TABLE 2-2

THIRD-PARTY NOTIFICATION REQUIREMENTS AUTHORIZED UNDER TSCA SECTION 6(e)

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

Ref.  #

Regulatory Section(s)

Collection Requirement

2(b) Use of Collected Information

40 CFR 761

Subpart B—Use

51

761.20(e)(3)(ii);.30(i)(5)(ii); and .60(b)(5)(iv)(B)

Burner of used oil must provide a 1-time certification to the marketer that he is in compliance with notification requirement at 761.71(a)(2).

Limits distribution of used oil containing PCBs to authorized burners.

52

761.30(a)(1)(xi) and(xv)(A);

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

Report PCB Transformers and Voltage Regulator fire incidents to the National Response Center.

Provide federal officials with notice of individual and the environmental exposure to PCBs.

53

761.30(a)(1)(xiv)

Notify owner of PCB Transformer that equipment may pose risk of exposure to food or feed.

Allow determination to be made regarding risk of exposure to food and feed.

54

761.30(a)(1)

(xv)(D)

Register PCB Transformers with the building owner within 30 days of discovery.

Provide local notice of the existence of PCBs.

Subpart D—Storage and Disposal

55

761.60(a)(3)(ii)

Provide information to chemical waste landfills that liquids do not exceed 500 ppm and are not ignitable.

Prevent release of PCBs and provide flexibility in disposal options for incidental liquids, making the rule consistent with RCRA land ban restrictions.

56

761.60(b)(5)

(i)(A)(1)

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

Prevent exposure to PCBs.

57

761.60(f)(1)(i)

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

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

58

761.60(f)(1)(ii)

Provide annual notice of the quantities and general description of the PCBs disposed of during the year, at the request of any state or local government.

Keep relevant authorities informed of PCB activities in their region.

59

761.60(j)(1)(ii)

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

Keep relevant regional authorities informed of PCB waste handling activities in their area.

60

761.60(j)(1)(vii)

Manifest, pursuant to Subpart K, all PCB wastes that are generated by R&D on PCB disposal and transported from the R&D facility to a commercial storage or disposal facility, unless the residuals or unused samples are returned to the site of generation.

Ensure proper handling and disposal of PCB wastes.

61

761.61(a)(3)(i)

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

Allow for flexibility in self-implementing remediation by keeping proper authorities informed of remediation activities.

62

761.61(a)(5)

(i)(B)(2)(iv)

Notify offsite non-TSCA facility of pending shipment of remediation waste.

Ensure proper handling of PCB wastes.

63

761.61(a)(8)

(i)(A)

Attach a notation to the deed for property at which remediation projects require a permanent fence or cap.

Ensure potential buyer is aware property is site of PCB remediation.

64

761.62(b)(4)(i) and (ii)

Provide notification to a receiving facility that does not have a commercial PCB storage or disposal approval before the first shipment of a PCB bulk product waste stream.  In addition, for certain waste this notice must be provided with each shipment thereafter.

Ensure proper storage and disposal for PCB bulk product waste.  (See also

761.357 and 761.359.)

65

761.65(c)(1) and (8)

Attach a notation to a PCB Item or PCB Container containing the item indicating the date the Item was removed from service.

Facilitate the proper storage and disposal of PCB Items and Containers.

66

761.65(i)(3)

Send information regarding the sample collector, the lab, date of shipment, quantity, and description of sample, when sending PCB samples to a laboratory for testing.

Inform workers of appropriate contact information to ensure proper handling of PCBs.

Subpart G—PCB Spill Cleanup Policy

67

761.125(a)(1)

Report certain spills of PCBs to the National Response Center.

Make reporting consistent with CERCLA requirements and facilitate cleanup of PCBs, to prevent exposure to PCBs.

68

761.125(c)(2)(ii)

Place label or notice of PCB contamination at cleanup site.

Inform personnel of presence of low level PCB contamination.

Subpart J—General Records and Reports

68a

761.180(g)

Provide records pertaining to the reclassification of PCB equipment, if requested by recipients of equipment.

Address recipient’s concerns regarding liability for improper reclassification.  (Also see number 41a.)

Subpart K—PCB Waste Disposal Records and Reports

69

761.207(a) and .208(a)(2) and (3)

Prepare manifests and provide generator-initiated manifests of PCB waste to each transporter or designated commercial storage or disposal facility.

Ensure proper tracking of PCB waste shipments.

70

761.208(c)(1)(iv) and (c)(2)(iv)

Storer or disposer sends a copy of the manifest or shipping paper to the generator.

Ensure proper tracking of PCB waste shipments.

71

761.218(a) and (b)

Send Certificates of Disposal to generators of PCB waste when disposal of each item is complete for a manifested PCB waste shipment.

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

TABLE 2-3

RECORDKEEPING REQUIREMENTS AUTHORIZED UNDER TSCA SECTION 6(e)

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

Ref.  #

Regulatory Section(s)

Collection Requirement

2(b) Use of Collected Information

40 CFR 761

Subpart A—General

72

761.1(f)

Comply with recordkeeping requirements of Subpart J (761.185 - .193) as a condition of the exclusion from the manufacturing, processing, distribution in commerce, and use bans of Subpart B, for persons who inadvertently manufacture or import PCBs generated as unintentional impurities in excluded manufacturing processes, or generate PCBs in excluded manufacturing process or products with recycled PCBs, as defined in 761.3.

Provide quality control that encourages manufacturers to audit their operations, to quantify their PCB releases, and to maintain their particular PCB releases within the limits that will assure that they have generated only trace amounts of PCBs.  (See number 100.)

Subpart B—Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items

73

761.20(e)(4)(i) and (ii);

.30(i)(5)(ii); and

.60(b)(5)(iv)(B)

Marketer who first claims used oil does not contain detectable PCBs must retain records supporting the claim and a copy of each certification notice received or prepared relating to transactions involving PCB-containing used oil.  Burners must include among the records a copy of each certification notice that has been provided to a marketer of PCB-containing used oil.

Allow EPA to verify compliance with the used oil provisions.

74

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

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

Allow EPA to verify compliance with the regulations and that PCB equipment was registered.

75

761.30(a)(2)(v)(C) and (D); 761 .30(h)(2)(C) and (D) and 761.180 (g)

Maintain records at the facility where PCB electrical equipment (i.e., transformers, voltage regulators, electromagnets, switches) has been reclassified to a lower PCB concentration.

Assist EPA in tracking the ultimate disposition of PCB equipment.

76

761.30(i)(1)

(iii)(B) and (C)

ontain ≥50 ppm PCB.  Retain data and records of actions taken to reduce PCB contamination by owners or operators of natural gas pipeline systems.

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

77

761.35(a)(2)

Keep records of equipment stored for reuse.

Ensure the proper handling of equipment stored for reuse.

Subpart C—Marking of PCBs and PCB Items

78

761.40(c)(2)(ii) and  (k)

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

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

Subpart D—Storage and Disposal

79

761.60(j)(1)(ix)

Keep records of R&D for disposal activities.

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

80

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

Retain records of the sampling plans, sample collection procedures, sample preparation procedures, extraction procedures, and instrumental/chemical analysis procedures used to assess or characterize the PCB contamination at the cleanup site, and certification that these records are on file at the location designated in the certificate.  Keep records of comparison studies for any alternate method used that meet or exceed the requirements of 761.326.  Keep records of sampling and sample analysis to verify cleanup and on-site disposal of bulk PCB remediation wastes and porous surfaces, as per Subpart O, 761.295.

Allow EPA inspectors to ensure the proper operation of PCB remediation activities.  (See also 761.295.)

81

761.61(a)(3)(iii)

Retain the original written waiver of the 30-day notification requirement for conducting a cleanup activity of PCB remediation waste.

Allow EPA to track administrative decisions regarding self-implementing remediation projects.

82

761.61(a)(9)

Keep records in accordance with 761.125(c)(5) for (a)(3), (a)(4), and (a)(5) of this part.

Ensure that a remediation site has been properly decontaminated.  (See number 97.)

83

761.62(b)(5)

Maintain a written record of all sampling and analysis of PCBs or notifications made under this part for three years from the date of its creation and make available to EPA upon request.

Allow EPA to assess whether PCB bulk product wastes are properly handled.

84

761.65(a)(2)(ii) and (a)(3)

Keep a written record of attempts to secure disposal capacity.  If requested, keep records of PCB wastes stored beyond the one-year storage extension.

Ensure that PCB wastes stored beyond the one-year storage extension do not pose unreasonable risk of injury to health and the environment.

85

761.65(c)(1)(iv)

Prepare/modify Spill Prevention, Control, and Countermeasure Plans to address liquid PCBs >500 ppm, to be able to temporarily store PCB Containers containing liquid PCBs in areas that do not comply with the storage requirements of 761.65.

Ensure that adequate remediation measures have been defined and can be taken to avoid exposure to PCBs in the event of a PCB spill.

86

761.65(c)(7)(ii)

Prepare a Spill Prevention, Control, and Countermeasure Plan (SPCC) when using large stationary storage containers, as per 29 CFR 1910.106, for liquid PCBs.

Ensure that adequate remediation measures have been defined and can be taken to avoid exposure to PCBs in the event of a PCB spill.

87

761.65(c)(8)

Keep records of the quantity and the date of each batch added to the stationary storage container.

Allow EPA to monitor content of stationery storage containers.

88

761.65(c)(10)

PCB Items ≥50 ppm.

Allow EPA to assess whether PCBs and PCB Items are being properly stored for disposal.  (See number 99.)

89

761.70(a)(3), (4) and (7);  (c); and 761.180(c)

Maintain for incinerators records of quantities, feed rates, temperatures, combustion products, and operations, and special records, as per 761.180(c); retain records for five years.

Allow monitoring of incinerator operations.

90

761.71(a)

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

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

Allow EPA to assess whether a high efficiency boiler has operated according to the required specifications.

91

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

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

Allow EPA to assess whether scrap metal recovery ovens and smelters are operated according to the required specifications.

92

761.75(b)(6)(iii) and (b)(8)(iv); 761.180(d)

Maintain records for all PCB disposal operations at chemical waste landfills, including PCB concentration in liquid wastes, the three-dimensional burial coordinates for PCBs and PCB Items, water sampling and analysis, and additional records as required in 761.180; retain records for at least 20 years after the facility ceases disposal operations.

Allow EPA to assess whether disposal facilities are operating in compliance with regulatory requirements.

93

761.79(d)(4) and Subpart T

Retain test/validation results of performance-based organic decontamination fluids (PODFs) and verified aqueous decontamination fluids (VADFs).

Allow EPA to ensure that a decontamination activity used proper decontamination fluids.

94

761.79(f)(1) and (2)

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

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

Subpart E—Exemptions

95

761.80(e) (5) and (i)(7)

Keep records of activities associated with manufacture/processing/distribution in commerce of PCBs or PCB reference samples derived from waste materials for R&D; retain records for three years after operations cease.

Ensure accountability for PCB activities otherwise banned by statute.

96

761.80(g)(1)

Keep records of activities associated with the processing and distribution in commerce of small quantities PCBs for R&D.

Ensure accountability for PCB activities otherwise banned by statute.

Subpart G—PCB Spill Cleanup Policy

97

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

Maintain records of cleanup and certification of decontamination for five years, for low- and high-concentration spills.

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

98

761.125(c)(1)

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

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

Subpart J—General Records and Reports

99

761.180(a),  a)(4), (b) and (f); 761.65(c) (5)

Maintain annual records and written annual document log for PCBs and PCB Items for three years after facility ceases PCB activities, including signed manifests, Certificates of Disposal, records of inspections and cleanups, facility and Item identification information, total number of Items, telephone records, and PCB Item transfer information.  Collect and maintain documents, correspondence and data pertaining to storage/disposal of PCBs that have been provided to as well as received from any state or local government agency and any application/correspondence submitted to local, state or federal permitting authorities.

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

100

761.185(c)(2), (d) and .193 (a) and (b)

Maintain theoretical analysis or monitoring records by persons who import, manufacture, process, distribute in commerce, or use products containing inadvertently generated or recycled PCBs, pursuant to 761.1(f)(1) to (3).  Maintain letter certifying compliance with 761.1(f), for excluded manufacturing processes.

Allow EPA to ensure the proper management of PCB activities.

101

761.208 and 761.209

File and maintain manifests initiated or received by a PCB waste handling facility (i.e., generators, transporters, commercial storers and disposers) and maintain records of all telephone and other conversations regarding manifest communications, which are to be included in the annual log in accordance with 761.180.

Provide a record of the fate of each waste shipment sent to a disposal site, allowing EPA to determine if a waste had been properly or improperly disposed.

102

761.218(c)

Maintain a copy of each Certificate of Disposal received from disposers, for generators and commercial storers of PCB waste.

Provide a record of the disposal of a waste shipment, allowing EPA to determine if a waste has been properly or improperly disposed.

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

103

761.398(c)

Record testing parameters and experimental conditions in standard operating procedures (SOP).  Results of validation study are to be affixed as an appendix.

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

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

3(a)	Non-Duplication

TSCA section 6(e) assigns the responsibility for regulating the manufacture, processing, distribution in commerce, use, storage, and disposal of PCBs to the EPA Administrator.  All of the information requested under this ICR is required by the statute and the implementing regulations at 40 CFR 761 and is not available from other sources.  The information collection requirements addressed in the ICR are not duplicative of any other federal agency legislation.  No other federal agency requires respondents to report or maintain information on the manufacturing, processing, or distribution in commerce of PCBs.

For example, the notification and recordkeeping requirements of 761.185, 761.187, and 761.193 comprise the sole source of information EPA relies on to identify the manufacturing sites that inadvertently manufacture PCBs and to verify that the members who have certified their eligibility for the exclusion are not exceeding the prescribed limits on PCB releases.  Over time, reviewers of the PCB ICRs have suggested that the TSCA PCB requirements are duplicative of TSCA inventory Form U reports, EPCRA Tier I and II reports, and Customs records that presumably could be used by EPA to identify a product’s PCB concentration (761.185 and .187); that RCRA, CWA, CAA, and CERCLA could be used by EPA to address air and water emissions and process waste concerns (761.187); and that EPCRA reporting requirements could be used by EPA to identify locations of PCB Transformers and PCB releases (761.30(a)(1) and .187).  However, none of these requirements begin to address the concerns that are being tracked under the TSCA PCB regulations.  For example, Customs records collect information on importation (i.e., chemical products, points of entry, and quantities, not products with de minimis levels of PCBs).  The EPCRA and TSCA inventory reports do not gather information at the levels that would be useful under the PCB regulations.  Finally, the RCRA, CWA, CAA, and CERCLA provisions cannot be used to monitor PCB concentrations in consumer products or to prescribe disposal procedures for PCBs.

3(b)	Public Notice Required Prior to ICR Submission to OMB

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

3(c)	Consultations

On numerous occasions during the course of regulating PCBs, the Agency has consulted with the regulated community and the public.  These consultations have been held directly with industry officials and, on an ongoing basis, with owners and operators of regulated facilities, during EPA enforcement activities and facility inspections.  For example, when developing the rules pertaining to PCB Transformer use, EPA consulted with the Department of Agriculture, U.S. Department of Health and Human Services, and the Small Business Administration.  To obtain information on the numbers of transformers subject to the requirements, EPA consulted with the Edison Electric Institute, Equitable Life Assurance, and the Building Owners and Managers Association.  As a result of the promulgated Electrical Equipment Use Rule, EPA has consulted with various organizations and agencies on an ongoing basis.  EPA also meets annually with representatives from more than 50 utilities and electric cooperatives who have verified the burden estimates related to inspection recordkeeping requirements for PCB Transformers.  The most recent of these meetings, sponsored by Regulatory Compliance Services, Inc., was the 2007 National Convention held in October 2010, in Springfield, Missouri.

In conjunction with the current proposed rulemaking, Polychlorinated Biphenyls (PCBs) Reassessment of Use Authorizations, EPA has held six public meetings to gather input from key stakeholders in addition to requesting comments in the advance notice of proposed rulemaking.   The meetings were held in New York City on May 4, 2010; in Chicago on May 18, 2010; in Atlanta on May 25, 2010; in Washington, DC, on May 27, 2010; in San Francisco on July 22, 2010; and in New York City on July 29, 2010.

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

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

3(d)	Effects of Less Frequent Collection

EPA has judged that the reporting and recordkeeping requirements of the ICR are the minimum amount necessary to prevent injury to health and the environment.  These requirements ensure adequate oversight by EPA over the use of PCBs and PCB equipment and the storage and disposal of PCB wastes.  If these activities were conducted less frequently, the mismanagement and improper storage and disposal of PCBs would likely cause subsequent environmental contamination.

	There are several examples of one-time PCB information collection requirements.  One example is the notification and certifications requirements of 761.185, which are supported by relevant sampling data or by theoretical analysis.  Only when processes are modified are importers and manufacturers required to renotify.  The notification requirements regarding installation of PCB Transformers in emergency situations and for owners who elect not to install enhanced electrical protection on lower voltage secondary transformers were one-time notifications that were to be completed by October 1, 1990.  Another example are the reports on total PCB releases of 761.187 that need only be submitted if the PCB levels in the products exceed the specified annual average of 25 ppm, or when releases to air and water exceed the regulatory thresholds.  Also, EPA requires one-time notifications for owners to register their newly discovered PCB Transformers (see EPA Form 7720-12, PCB Transformer Registrations at Appendix C) and for individuals to notify the Agency of their PCB waste handling activities (see EPA Form 7710-53, Notification of PCB Activity at Appendix D); both notifications can be accomplished by completing a simple form, although use of the form is optional when registering PCB Transformers.

3(e)	General Guidelines

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

Under the information collection requirements of 761.185 and 761.193, manufacturing and monitoring records that document PCB levels in products and analyses that support the one-time notification and certification of compliance for the process must be retained for either three years after the certified process ceases operations or seven years, whichever is shorter.  The content of the file most likely would not change over the seven-year period, so the burden of keeping the file is substantially mitigated by its limited contents.  Likewise, entities that monitor for actual PCB concentrations in the products they manufacture, use, process, distribute in commerce, or recycle must also maintain monitoring data records under 761.193 for either a three-year period after the operation ceases or up to seven years.  The effect of this provision is to impose an equal retention period for sampling data on all those who deal with inadvertently generated PCBs in products, whether the PCBs result from excluded manufacturing processes or recycling.

To comply with the storage and disposal requirements of Subpart D, disposers and commercial storers must retain records for at least three years after the facility is no longer used for the storage or disposal of PCB wastes, except that chemical waste landfills must maintain records for at least 20 years after the facility no longer accepts PCB wastes.  The reason for requiring records retention for landfills in excess of three years is that a leak from a chemical waste landfill could take years to develop into a noticeable environmental problem.  Landfill records are the only mechanism to accurately trace the source of the contamination.  Also, certain operational records maintained by the owner/operator of incineration facilities and high efficiency boilers must be retained for five years from the date of collection.  This enables facilities to demonstrate to enforcement officials that the facility has consistently complied with relevant technical requirements and conditions specified in the disposal permit.

The Final Disposal Amendments Rule contains several provisions that require recordkeeping for five years or more.  These provisions include 761.61(a)(9), which requires the notifications and remediation site cleanup activity documentation, pursuant to 761.61(a)(3), (4), and (5), to be maintained for five years.  Section 761.61(a)(8)(i)(A) requires a notice be permanently affixed to the deed of any property where a remediation project has resulted in the installation of a fence or ground cover cap to increase protection from exposure to PCBs.  These measures were taken to enable adequate oversight of remediation projects by environmental officials and to provide adequate notice to potential new owners of property where remediation projects were undertaken.

There are a number of provisions in Part 761 that require reporting within 15 or 30 days of the occurrence of a specific event.  For example, the third-party notification requirements of 761.61(a)(5)(B)(2)(iv) and 761.62(b)(4)(i) and (ii) require generators to provide notice to certain off-site facilities at least 15 days prior to shipping certain wastes.  These reporting requirements are not triggered by the calendar (i.e., they are not required quarterly or at more frequent intervals).  Therefore, the Agency does not believe that these provisions, or the following 30-day reporting requirements, need special justification:

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

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

761.61(a)(3)(i) requires EPA, state or Tribal, and county or local environmental protection agencies to be notified of the location of a remediation waste cleanup project.

761.65(a)(2)(i) requires EPA to be notified of intent to store waste beyond the one-year limit 30 days prior to the expiration of the one-year time frame when disposal cannot be accomplished within that period.

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

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

761.80(e) requires EPA to be notified 30 days prior to commencing PCB R&D disposal activity when using manufactured/imported PCBs obtained under this exemption.

761.180(c)(5) requires EPA to be notified within 30 days of suspension of incineration operations.

761.205(f) requires EPA to be notified within 30 days of changes to previous PCB Notification.

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

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

3(f)	Confidentiality

Petitioners or permit applicants may claim that all or part of any information given to EPA, such as process design information, is confidential business information (CBI).  EPA handles claims of confidentiality pursuant to established CBI procedures, as found at section 14 of TSCA, 40 CFR 750.16 and 750.36, and the Agency’s TSCA CBI Manual.  CBI is also protected under the Freedom of Information Act (5 USC 525).  Most of the information requested in the reporting or recordkeeping requirements of these collections is not of a confidential nature.

3(g)	Sensitive Questions

EPA asks no questions of a sensitive nature.

4.  THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents/NAICS Codes

EPA’s PCB regulations could affect entities in all industrial categories, regardless of size, that currently possess PCB Items, PCB-contaminated equipment, or other PCB waste.  These entities include those in both the public and private sectors, and may include not-for-profit organizations as well as for-profit entities.  Entities that generate PCB wastes comprise the following classes:

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

Non-utility entities with privately-owned electric equipment, such as:

oil and gas producers (NAICS 211111)

manufacturers (NAICS 31-33)

line-haul railroads (NAICS 48211)

telecommunications (NAICS 513)

refuse systems (NAICS 562111)

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

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

Entities operating natural gas pipelines.

Entities engaged in bulk solid waste operations, such as automobile shredders.

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

PCB disposal facilities that must obtain approval from EPA to operate (e.g., incinerators, chemical waste landfills, alternate disposal technologies).  This would include individuals, businesses, federal agencies, and state/local governments engaged in PCB waste management activities.  NAICS code 562111, hazardous waste material disposal sites, may be applicable.

Other primary respondents include:

trucking and warehousing (storage) (NAICS 484)

sanitary services (incinerators, landfills) (NAICS 5622)

steam suppliers [high efficiency boilers (HEB)] (NAICS 22133)

Administrators of Environmental Quality Programs (NAICS 924)

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

alkalies and chlorine (NAICS 325181)

inorganic pigments (NAICS 325131)

plastic materials and resins (NAICS 325211)

synthetic rubber (NAICS 325212)

organic fibers non-cellulosic (NAICS 325222)

other chemicals and allied products (NAICS 3259981)

adhesives and sealants (NAICS 32552)

printing ink (NAICS 32591)

chemical preparations (NAICS 325998)

rubber and miscellaneous plastic products (NAICS 326)

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

4(b)	Information Requested

(i)  Data Items

 Many of the information collection requirements are triggered only by an individual’s need to address a particular PCB scenario, while other requirements apply to the universe of individuals who use, process, distribute in commerce, or dispose of PCBs.  EPA anticipates that no one individual would be subject to all of the requirements listed below.  The reporting, third-party reporting, and recordkeeping data items contain the reference number used throughout this document, the existing ICR number, a description of the requirement, and the regulatory citation, and are organized according to the subparts of 40 CFR 761.

(A)  Notifications/Reports.  Respondents are required to submit information to EPA to accomplish the following reporting tasks.  (Refer to Tables 2-1, 2-2, and 2-3 for summaries of the reporting, third-party reporting, and recordkeeping requirements of this consolidated ICR).

40 CFR 761

Subpart A—General

(#1)  Certification Notification for Excluded Manufacturers: The primary reporting requirement for manufacturers who inadvertently generate PCBs and importers of products containing inadvertently generated PCBs is a certified notification to EPA.  The notification (1) identifies the manufacturing processes that generate PCBs in products at levels above 2 parts per million (ppm); (2) certifies compliance with all PCB release conditions on excluded processes; and (3) states whether the certification is based on actual monitoring data or on theoretical analysis of the chemical reaction(s) involved in the manufacturing process.  Additionally, manufacturers and importers must report to EPA data on their processes during periods of unusually high generation or releases of PCBs.  Reports are required in any calendar year where total quantities of PCBs in manufactured products exceed 0.0025% of a manufacturing site’s rated capacity, or the total quantity of PCBs imported exceeds 0.0025% of the average for PCB-containing products that were imported during the 1978-1982 timeframe.  Also, reporting is required when total PCB releases to air or water exceed 10 pounds during the year at any site, and certification must be repeated whenever process conditions are significantly modified [761.1 (f)(1) - (3); Subpart J; also see the entries for #42 and #43].

Subpart B—Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items

(#2)  Exemption Petitions: Individuals seeking exemptions to manufacture (import), process, or distribute in commerce (export) PCBs as per TSCA section 6(e)(3), must submit exemption petitions unless otherwise authorized [761.20(b) and (c)(1) and (3)].

(#3)  Transformer Registration: Owners of PCB Transformers are required to register their transformers with EPA.  The registration program provides state officials and emergency response personnel information for providing a significantly higher degree of protection in emergency situations.  This information is also for use to address requirements of international environmental programs to identify sources and reduce or eliminate the reliance on PCBs.  Information that must be included in the notification consists of the following: transformer address (i.e., location); number of PCB Transformers, including total weight in kilograms; and the name, address, telephone number, and signature of the owner, operator, or other authorized representative certifying the accuracy of the submitted information.  The use of a form is optional, as is information on whether the unit(s) contains a flammable liquid.  A copy of EPA Form 7720-12, which can be used for submitting this information [761.30(a)(1)(vi)], is included in this report as Appendix C.  Note that 761.30(a)(1)(xv)(D) removes the requirement to register PCB Transformers with the fire department, but retains the requirement to register the transformers with building owners.  (See #54.)

(#4)  PCB Equipment Reclassification: Persons wishing to use alternate methods to reclassify PCB equipment (i.e., transformers, electromagnets, switches, and voltage regulators) must obtain EPA approval to do so [761.30(a)(2)(v)(c); .30(h)(2)(v)(c)].  Therefore, EPA requires information on the process that is being considered as well as equipment identification information.

ns ≥50 ppm, if they take certain actions to identify sources of contamination and reduce levels to <50 ppm PCBs.  Owner/operators of these pipelines must submit a written description of the general nature and location of PCB contamination in concentrations ≥50 ppm if requested by EPA.  This description is sent to the RA or the Director, National Program Chemicals Division (NPCD), at EPA, if the contaminated pipe is located in more than one Region.  EPA expects the reporting burden to be minimized as the regulations allow for the use of historical data regarding these requirements (e.g., sampling and analyses data and reports of actions taken to reduce PCB levels) [761.30(i)(1)(iii)(A)(1)].

ification requirement.  Without this authorization, however, use of such gas or liquid systems with PCBs ≥50 ppm would be prohibited [761.30(t)(3)].

(#7)  Exceeding Storage Limitations for PCB Articles Stored for Reuse: EPA has limited the storage for reuse of PCB Articles in areas not meeting the TSCA approved storage standards in 761.65 to a period of five years.  However, RAs may grant extensions beyond five years with conditions if a request explaining the rationale for the extension is submitted six months prior to the expiration date [761.35(b)].  Regulated entities obtained approvals for five-year storage periods during 2008, which makes these approvals valid through 2013.  The next approval period will occur during this ICR period.

Subpart D—Storage and Disposal

(#8)  Permit Applications and Demonstration Plans for Disposal Facilities: The application must contain the following types of information, if applicable: (1) name, address, and phone number of the unit’s principal manager; (2) location of the facility where the unit will be tested and the location where the unit will be stored and serviced when not engaged in testing; (3) detailed description of the unit including general plans and design drawings; (4) engineering report or other information on the anticipated performance of the unit; (5) sampling and quality assurance plan; (6) waste volumes expected to be handled, process design capacity, process control, reagent-to-waste feed ratios, and safety features; (7) local, state or federal permits or approvals; (8) schedules and plans for complying with the approval requirements; (9) contingency plan that describes steps taken in case of process failure, spill, or overflow; and (10) environmental impact, including process emissions, toxicity and disposal of process products, site relationships, and steps taken to protect the health of the operator.

Following receipt of the application, EPA may require additions or modifications to the application, disapprove the application, or determine that a process demonstration is required and will notify the person who submitted the application.  The following information is requested of persons who are asked to demonstrate their process for the Agency: (1) time, date, and location of the process demonstrations; (2) quantity and type of PCBs and PCB Items to be processed; (3) parameters to be monitored and location of sampling points; (4) sampling plan and quality assurance plan, including sampling frequency, methods, and schedules for sampling analysis; and (5) names, addresses, and qualifications of persons who review the analytical results and other pertinent data and who will perform a technical evaluation of the effectiveness of the process demonstration.  Following receipt of the process demonstration plan, EPA will either approve the plan, require additions or modifications to the plan, such as additional testing or analysis to help the reviewing officials determine the safety and efficiency of the process, or disapprove the plan.

Any person who is required to incinerate any PCBs and PCB Items and who can demonstrate that an alternative method of destroying PCBs and PCB Items can achieve a level of performance equivalent to an approved incinerator or high efficiency boiler, as per 761.70 or .71, respectively, must submit a written request to EPA for a waiver from the incinerator or high efficiency boiler (HEB) requirements [761.60(e), (i)(2); .70(a),(b),(d); .75(b)(7), (b)(8)(ii), and (c)].

(#9 - 11)  Notification about PCB Research and Development Activities (R&D): Individuals engaged in R&D for disposal under 761.60(j) must notify the RA and state and local environmental officials 30 days before conducting the R&D for disposal activity [761.60(j)(1)].  The notification must provide the EPA identification number for the location of the R&D activity [761.60(j)(1)(i)], quantity of PCBs to be processed, type of R&D, physical and chemical properties of the material being treated, and an estimate of the duration of the R&D activities [761.60(j)(1)(ii)].  [NOTE: After reviewing the submitted information, EPA may determine, based on potential unreasonable risks to health or the environment, to impose additional conditions on the R&D project in the form of an Approval.]  [761.60(j)(1) and (2)].

Additionally, requests to exceed the specified limits for the quantities of PCBs used, the maximum concentration of PCBs, the total amount of pure PCBs, or the duration of the R&D activities must be submitted to the RA.  Each request shall specify the quantity or concentration requested or additional time needed and include a justification for each increase.  For extensions to the duration of the R&D for PCB disposal activity, the request shall also include a report on the accomplishments and progress of the previously authorized R&D activity for which the extension is sought [761.60(j)(2)].

This notification identifies those individuals who do research on/with PCBs, their locations, and the type of activities they perform.  By establishing a small quantity exemption for R&D, EPA is reducing the burden previously associated with the existing requirement that individuals who engage in R&D into PCB disposal technologies obtain a TSCA R&D Approval.  EPA does not require this information to be submitted on a specific form or in a specific format.  By requiring individuals to write a letter to the RA, EPA is providing maximum flexibility to the respondent to minimize the burden associated with this notification provision.

(#12 - 15)  Self-implementing Remediation: Owners of remediation sites are required to notify, in writing, the RA and the appropriate state (or tribal), and county (or local) environmental agencies at least 30 days prior to conducting remediation activities.  The notification must include the following information: the nature of the contamination; a summary of the procedures used to sample contaminated and adjacent areas; a table or cleanup site map; the location and extent of PCB contaminated areas, including topographic maps; and a cleanup plan for the site [761.61(a)(3)(i)].  Once the remediation project has been initiated, any proposed deviation from the notification previously submitted must be reported to EPA no less than 14 days prior to the proposed implementation of the change [761.61(a)(3)(ii)].  Any person conducting a cleanup activity may obtain a waiver of the 30-day notification requirement, if they receive a separate waiver, in writing, from each of the agencies they are required to notify under this section [761.61(a)(3)(iii)].  Additionally, under the self-implementing provision, persons must submit a written certification to the RA that the sampling plans, sample collection and preparation procedures, extraction procedures, and instrumental/ chemical analysis procedures used to assess or characterize the cleanup site are on file at the location designated in the certificate and are available for EPA inspection.  Persons using alternate methods for chemical extraction and chemical analysis for site characterization must include in the certificate a statement that indicates that such a method will be used and that a comparison study that meets or exceeds the requirements of 761.269(c) of Subpart Q, for which records are on file, has been completed prior to verification sampling [761.61(a)(3)(i)(E) and 761.274].  Additionally, persons conducting remediation waste projects that require the use of a fence or cap, must record a notation on the deed to notify potential purchasers of the property (i.e., a third-party notification) and submit to EPA a certification that the property deed has a notation to that effect [761.61(a)(8)(i)].

(#16)  Risk-based Remediation: Any person wishing to clean up, store or dispose of PCB remediation waste in a manner other than prescribed in the self-implementing or performance-based disposal options must apply in writing to the RA.  Each application must contain information as described in 761.61(a)(3) (e.g., nature and extent of the contamination, sample procedure, cleanup plan, and certification that records have been maintained).  The EPA may request the submission of other information it believes necessary to evaluate the application [761.61(c)(1)].

(#17)  Risk-based Cleanup Approval for PCB Bulk Product Waste: Any person wishing to sample or dispose of or store PCB bulk product waste in a manner other than prescribed in paragraphs (a) or (b), or store the waste other than prescribed by 761.65, must apply in writing to the EPA RA or Director, NPCD.  Each application must contain information indicating that the proposed storage and disposal methods or locations will not pose an unreasonable risk of injury to health or the environment.  EPA may request the submission of other information it believes necessary to evaluate the application [761.62(c)(1)].

(#18 - 20)  Exceeding Storage Limitations for PCB Wastes: A mechanism has been established for automatically extending the one-year storage for disposal deadline for another year based on an adequate justification.  Any person storing PCB waste that is subject to the one-year time limit for storage and disposal may provide written notification to the RA that their continuing attempts to dispose of or secure disposal for their waste within the one-year time limit have been unsuccessful.  For the automatic extension of the one-year time frame, EPA must receive the notification at least 30 days before the initial one-year time limit expires and the notice must identify the storer; the types, volumes, and locations of the waste, and the reasons for failure to meet the initial one-year time limit [761.65(a)(2)].

For subsequent extensions of the time frame for storing PCB wastes, the requestor must submit specific justifications and indicate measures he or she is taking to secure disposal or reasons why disposal could not occur during the prior extension.  EPA may require specific actions as conditions to granting the extension, including marking, inspection, recordkeeping, or financial assurance to ensure that the waste does not pose an unreasonable risk of injury to health or the environment [761.65(a)(3)] or the submission of  periodic progress reports [761.65(a)(4)].

(#21)  Storage Containers for PCB/Radioactive Waste: Containers prescribed by the American National Standard Institute (ANSI) for nuclear criticality safety may be used for PCB/radioactive waste.  However, other containers may be used if the users are able to demonstrate to EPA and other appropriate regulatory authorities [i.e., the Nuclear Regulatory Commission, the Department of Energy (DOE), or the Department of Transportation (DOT)] that such containers are protective of public health and safety and the environment [761.65(c)(6)(i)(C)].

(#22)  Preparing Application for Commercial Disposal Approval: Applicants for commercial storage approval shall submit a written application that includes any relevant information bearing upon the qualifications of the facility.  The application shall identify the facility owner/operator and include information on the technical qualifications of the person in charge of operations, any past violations, and waste handling experience of the company and employees, estimates of maximum waste quantity that can be handled, the certification of compliance, the financial assurance instrument, a closure plan and closure cost estimate, and a demonstration of financial responsibility for closure.  The applicant must also revise and update the closure plan when certain changes occur at the facility, and, within 30 days after the facility closes, submit certification that the facility has been closed in accordance with the approved plan [761.65(d), (e)(1), (6), and (8); and (f)].

(#23)  Request to Amend the Storage Closure Plan: Owners/operators of storage facilities must submit requests to the RA to amend the closure plan, when there are changes in ownership, changes in expected date of closure, and/or unexpected events [761.65(e)(4)].

(#24)  Modifications to Commercial Storage Facilities: To ensure that the owner/operator of these facilities have made adjustments to their financial assurance mechanisms when modifications will increase the storage capacity of the facility, EPA is requiring that these individuals notify the federal or state issuing authority in writing that they have revised the financial assurance mechanism and activated it within 30 days of the completion of the modification [761.65(g)(9)].  EPA does not require the information to be submitted on a specific form or in a specific format.

(#25)  Change of Ownership for Storage Facilities: EPA will approve of the transfer of ownership or operational control of a commercial storage facility if the transferee has established financial assurance for the closure and the transferor or transferee has resolved any deficiencies (e.g., with technical operations, closure plans, cost estimates, etc.) that the Agency has identified in the transferor’s new or amended application [761.65(j)].

(#26)  Approval of Alternate Measures for Operating Incinerators: Owners/operators of incinerators that burn PCBs must submit a contingency plan of alternate measures for operating the facility when regulatory requirements cannot be met.  The plan must indicate what alternative measures the owner/operator would take if there is a failure of regulatory monitoring requirements or PCB rate and quantity measuring and recording equipment, or if excess oxygen falls below the percentages specified in paragraph (a)(1) of this section [761.70(a)(8) and (9); and (d)(5)].

(#27)  Notification of Changes in Disposal Facility Ownership: Owners/operators of incinerators and chemical waste landfills that dispose of PCBs must notify EPA at least 30 days before transferring ownership of the facility.  The notice must include a notarized affidavit signed by the transferee, which states that the transferee will abide by the transferor’s EPA incinerator approval [761.70(d)(8); .75(c)(7)].

(#28)  High Efficiency Boiler Approval: Thirty days before any person burns mineral oil dielectric fluid in high efficiency boilers, the person must give a one-time written notice to the RA, including information on the owner and location of the boiler, boiler specifications, and associated equipment.  To burn liquids other than mineral oil dielectric fluids, at a PCB concentration of 50 to 500 ppm, boiler owners must first obtain an approval of the EPA RA for the EPA Region in which the boiler is located.  The request to the RA must include at least the following: name and address of owner/operator of boiler and address of boiler, boiler rating in units of BTU/hour, carbon monoxide concentration and oxygen percentage in the stack when boiler is operated, type of equipment and procedures used to control feed and monitor emissions, type of waste to be burned, concentration of PCBs and other chlorinated hydrocarbons in the waste, estimate of the amount of waste to be burned in a 30-day period, and an explanation of the procedures to be followed to ensure that the burning of the waste will not adversely affect the operation of the boiler such that combustion efficiency will decrease [761.71(a)(2) and (b)(2)].

(#29 - 30)  Disposal by Scrap Metal Recovery Ovens and Smelters: Owners of scrap metal recovery ovens disposing of drained PCB-contaminated electrical equipment, natural gas pipelines and non-porous surfaces must notify EPA as disposers of PCBs and are required to comply with existing, applicable disposal facility reporting requirements in Subparts J and K  [761.72(c)(2)].  In lieu of meeting the operating requirements, an owner or operator of a scrap metal recovery oven or smelter can submit a written request to the RA for a determination that the industrial furnace poses no unreasonable risk, based on a site-specific risk assessment [761.72(c)(3)].

(#31 - 32)  TSCA Coordinated Approval: Persons seeking a TSCA PCB coordinated approval may submit a request for approval to the RA at the same time they seek a permit approval or other action for a PCB waste management activity under any other federal or state authority.  The request for coordinated approval shall include a copy of the confirmation of the EPA identification number, information regarding a point of contact at the other permitting authority, description of the waste activities to be conducted (or a copy of the waste management document, if one has been issued), and a certification that the requestor will adhere to the TSCA PCB reporting and recordkeeping requirements [761.77(a)(1)].  The RA may request additional information to remedy a deficiency in the waste management activities [761.77(a)(1)(ii)(A)(1)].  If the RA determines that conditions of the coordinated approval are not being met, the RA may require the person to whom the coordinated approval was issued to submit an application for a TSCA PCB approval [761.77(a)(2)].  Any person with a coordinated approval must notify the RA in writing within five calendar days of changes relating to PCB waste requirements in the non-TSCA waste management documents that serve as the basis for the coordinated approval [761.77(a)(3)].

(#33)  Approvals for Alternative Decontamination and Sampling Methods: Any person wishing to decontaminate material described in a manner other than prescribed in 761.79(b) or (c), or sample material other than prescribed in 761.79(f) must apply in writing to the EPA RA.  Each decontamination application must describe the material to be decontaminated and the proposed decontamination method, and must demonstrate that the proposed method is capable of decontaminating the material to the applicable level set out in 761.79(b)(1) through (4).  Each application must describe in writing the material to be decontaminated and the proposed self-implementing decontamination method, and must include a proposed validation study to confirm performance of the method.  Each sampling application must contain a description of the material to be decontaminated, the nature and PCB concentration of the contaminating material (if known), the decontamination method, the proposed sampling procedure, and a justification for how the proposed sampling is equivalent to or more comprehensive than the sampling procedure required under 761.79(f) of this section.  EPA may request additional information it believes to be necessary to evaluate the application [761.79(h)(1) to (4)].

Subpart E—Exemptions

(#34 - 37)  Class Exemptions, Manufacture, Processing, Distribution of PCBs for R&D: Individuals seeking exemptions from the PCB prohibitions are required by statute [15 USC 2601, section 6(e)(3)(B)] to submit exemption petitions to EPA.  The information provided to EPA in an exemption petition includes: name, address and telephone number of the petitioner; description of the exemption being requested for the manufacture/processing/distribution in commerce activity; location; length of time desired (one-year maximum); amount of PCBs to be manufactured processed and/or distributed in commerce, rationale regarding no unreasonable risk and substitutes criteria of section 6(e)(3)(B)(i) and (ii), and the economic consequences of an EPA denial.  Provisions regarding class exemptions for manufacturers of PCBs and processors/distributors of PCBs or analytical reference samples derived from PCB waste material require a petition be submitted 60 days prior to engaging in the activity [761.80(e)(1) and (i)(1)].  Section 761.80(e)(2) and (i)(2) and .80(n) require individuals seeking renewals of class exemptions to submit requests for renewal as per 750.11 and .31.  If persons need to exceed the annual quantity limits, they must request approval from EPA [761.80(e)(3), (g)(2), and (i)(4)].  The owner or operator of the facility also must notify the RA in writing 30 days prior to beginning R&D activities that require the manufacturing or import of PCBs, unless the owner has obtained a PCB R&D approval from EPA, pursuant to 761.60(a) or (i)(2), or .70(b), that allows the manufacture of PCBs [761.80(e)(4)].

(#38)  Manufacturing, Processing, and Distribution in Commerce, Exemptions: When a facility holding a certain type of exemption plans to increase the amount of PCBs to be processed and distributed, imported (manufactured), or exported, or to change the manner or processing and distribution, import (manufacture), or export of PCBs, the owner/operator of the facility must submit a new exemption petition to EPA, which will be addressed through an exemption rulemaking.  The petitioners must provide the following information to extend manufacturing exemptions, as per 750.11: (1) the identity, telephone number, and address of the petitioner; (2) description of the PCB exemption being requested, including items to be manufactured, and the nature of the manufacturing process; (3) location(s) of manufacturing sites requiring exemption; (4) length of time requested for exemption; (5) amount of PCBs to be manufactured or used during the requested exemption period and the manner of release of PCBs to the environment associated with such manufacture or use; (6) basis for meeting section 6(e)(3)(B)(i) criteria for “unreasonable risk;” (7) basis for meeting section 6(e)(3)(B)(ii) criteria for “PCB substitutes;” and (8) quantification of the economic consequences of EPA denying the petition and an explanation of the manner of computation.

Persons interested in obtaining processing or distribution in commerce exemptions must provide information listed above as items (1), (4), (6), (7), and (8).  In addition, as per 750.31, they must provide: a description of the PCB processing or distribution in commerce exemption being requested, including a description of the chemical substances, mixtures, or items to be processed or distributed in commerce, and if processing is involved, the nature of the processing; location(s) of processing sites requiring exemption; the estimated amount of PCBs to be processed or distributed in commerce or used during the requested exemption period; and the manner of release of PCBs to the environment associated with such processing, or distribution in commerce.  EPA also requires specific information on the description, number, and/or location of PCB equipment to be serviced and the description of the uses of/exposures to PCB-contaminated substances or mixtures that are to be used for petitions filed under paragraphs 750.31(a)(1)-(9) [761.80(n)].

Subpart F—Transboundary Shipments of PCBs for Disposal

(#39)  Import and Export for Disposal: By Statute, no person may import or export PCBs or PCB Items for disposal without an exemption issued under the authority of TSCA section 6(e)(3) [761.93(a) and .97(a)].

Subpart G—PCB Spill Cleanup Policy

(#40)  Reporting of PCB Spills: Parties responsible for the following types of PCB spills must notify EPA to obtain cleanup guidance: spills that directly contaminate surface waters, sewers, or drinking water supplies; spills that directly contaminate grazing lands or vegetable gardens; spills that exceed 10 pounds of PCBs by weight [761.125(a)(1)(i) to (iii)].

Subpart J—General Records and Reports

(#41)  Annual Reports for Waste Disposed of by the Waste Generator: Owners/operators of PCB disposal facilities, including owners/operators who dispose of PCB waste generated at his/her own facilities, and owners of commercial storage facilities, shall submit annual reports to the RA.  The reports shall summarize the records and annual document logs required to be maintained and prepared under 761.180(b)(1) and (b)(2) of this section.  Within 30 days of suspending the operation of any incinerator, the owner/operator of the facility must submit a document to EPA that includes the date and time of the suspension and an explanation of the circumstances causing the suspension of operations [761.180(b), (b)(3), and (c)(5)].

(#41a)  Records of Reclassified PCB Equipment: Owners of reclassified PCB electrical equipment must promptly provide records pertaining to the reclassification of PCB equipment, if requested by EPA.  Also see #68a and #75 [761.180(g)].

(#42)  Notification/Certification of Product Contamination by Inadvertent PCBs: Manufacturers with processes inadvertently generating PCBs and importers of products containing inadvertently generated PCBs must report to EPA within 90 days any excluded manufacturing process or imports for which the concentration of PCBs in products leaving the manufacturing site or imported is > 2 ug/g (roughly 2ppm) for any resolvable gas chromatographic peak.  Manufacturers who must submit the report must transmit a letter notifying EPA of the number, type, and location of the excluded manufacturing process.  Persons must also certify compliance with the requirements of 761.1(f), specify whether the compliance is determined by actual monitoring or theoretical assessments; and maintain determinations of compliance.  Facilities with compliance based on theoretical assessment must also notify EPA of the estimated PCB concentration levels generated and released [761.185].

(#43)  Notification When PCB Releases Exceed Limits: Owners/operators of excluded manufacturing processes must report to EPA the total quantity of inadvertently generated PCBs released into the air and or water from these processes when the total quantity of each type of release in any calendar year exceeds ten pounds [761.187].

Subpart K—PCB Waste Disposal Records and Reports

(#44)  Notify EPA of PCB Waste Activity: All generators with on-site storage, commercial storers, transporters, and disposers of PCBs shall notify EPA of their PCB waste activity by filing EPA Form 7710-53 (see Appendix D) prior to engaging in PCB waste-handling activities.  The form includes individuals engaged in R&D and treatability studies and owners of scrap metal recovery ovens/smelters and HEBs.  This one-time notification form asks for a statement of the type of activity taking place at the facility, the location of the facility, name and address of the owner, and the facility point-of-contact.  EPA issues an identification number or verifies an existing RCRA identification number [761.202(a); 205(a) to (c)].

(#45)  Changes in Waste Handling Activities: Individuals who make changes in their waste-handling activities (e.g., relocating or assuming additional activities) are required to submit an amended notification form 30 days after the change in activity occurs.  The information is collected using a one-page form (EPA Form 7710-53) that has previously been approved by OMB (OMB Control No. 2070-0112) and requires minimal effort to complete [761.205(f)].

(#46)  Exception Reports: When a generator uses an independent transporter, he or she must confirm by telephone or other convenient means that the commercial storer or disposer actually received the manifested waste.  If the disposal facility did not receive the waste, the generator shall contact the transporter to determine the disposition of the waste.  If the generator has not received a manifest from the disposal facility, the generator shall submit an exception report to the EPA RA.  A disposer shall submit a One-Year Exception Report to EPA within 45 days from the end of the one-year storage for disposal date when the facility receives the PCBs on a date more than nine months from the date when the PCBs were removed from service for disposal or when the facility can no longer dispose of the PCBs within the one-year date due to contractual commitments or other factors affecting the facility’s disposal capacity.  Generators or commercial storers shall submit One-Year Exception Reports when they transferred PCB wastes within nine months from the date of removal from service for disposal, when the facility has not received a Certificate of Disposal within 13 months from the date the waste was removed from service, or has received a Certificate of Disposal more that one year after the date the waste was removed from service [761.208(a)(4); .215(b) to (d)].

(#47)  Discrepancy Reporting: Upon discovering a significant discrepancy, the owner/operator of the designated commercial storage or disposal facility shall attempt to reconcile the discrepancy with the waste generator or transporter.  If the discrepancy is not resolved within 15 days after receiving the PCB waste, the owner or operator shall immediately submit to the RA a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue [761.210(b)].

(#48 - 49)  Unmanifested Waste Reports: Disposers must submit unmanifested waste reports to EPA when they accept a shipment of PCB waste without an accompanying manifest.  If an owner or operator of a commercial storage or disposal facility cannot contact the generator of the PCB waste, he or she shall notify the RA so that the RA can determine whether further actions are required before the owner or operator may store or dispose of the unmanifested PCB waste [761.211(b)].  Within 15 days after receiving the unmanifested PCB waste, the owner/operator shall prepare a report to the RA of the Region where the storage or disposal facility is located and the Region in which the PCB waste originated.  The report shall include the EPA facility identification numbers, facility information, date the waste was received, description of the waste, explanation why the waste was unmanifested, if the waste was stored or disposed, if the generator was identified, if a manifest was subsequently supplied, and if and when the waste was sent back to the generator [761.211(c)].

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

(#50)  Results of Analysis and Decontamination Validation Studies: Persons using the self-implementing criteria for validating the conditions for the performance-based decontamination of solvents must submit validation study results to EPA [761.395 and .398].

(B) Third-Party Reports.  Respondents are required to submit information to entities other than EPA headquarters or the RA, such as to state, tribal, county or local officials, waste generators, transporters, storers, and disposers, or the public.

40 CFR 761

Subpart B—Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items

(#51)  Certification for Burners of Used Oil: Before the first shipment of used fuel oil containing detectable PCBs, the burner of the oil must provide a one-time written certification to the marketer of the oil that the incinerator is in compliance with the notification requirements of 761.71(a)(2) or 40 CFR 279, Subpart G.  This regulation also applies to marketing or burning for energy recovery liquids containing PCBs at concentrations <50 ppm at the time of removal from a natural gas pipeline system [761.20(e)(3)(ii); .30(i)(5)(ii); and .60(b)(5)(iv)(B)].

aining ≥500 ppm PCBs) must report any fire-related incidents involving this equipment and the release of PCBs to the National Response Center.  Information must be provided regarding the type of PCB Transformer installation involved in the incident (e.g., high or low secondary voltage network transformer, high or low secondary voltage radial system, expanded radial system, primary selective system, primary loop system, or secondary selective system) and the readily ascertainable cause of the fire (e.g., high current fault in the primary or secondary or low current fault in secondary).  The National Response Center notifies the appropriate RA [761.30(a)(1)(xi) and (xv)(A); (h)(1)(ii)(B)].

(#53)  Notification to Owners of PCB Transformers: Users of a PCB Transformer in use or stored for reuse that may pose an exposure risk to food or feed must notify the owner of the Transformer [761.30(a)(1)(xiv)].

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

Subpart D—Storage and Disposal

(#55) Documentation About and Disposal Approval for PCB-Contaminated Liquids: Prior to any chemical waste landfill disposing of PCB-Contaminated liquids from incidental sources associated with non-liquid PCB waste, the landfill owner/operator must be provided with documentation that shows that the waste does not exceed 500 ppm PCBs, that it is not an ignitable waste as described in 761.75(b)(8)(iii), and that disposal does not violate 40 CFR 268.32(a)(2) and 268.42(a)(1), which list specific hazardous wastes prohibited from land disposal, including liquid hazardous wastes containing PCBs >50 ppm [761.60(a)(3)(ii)].

ing liquids, and having a nominal inside diameter of ≤4 inches, is to seal each end closed, abandon the pipes in the place where they were used to transport natural gas, and include them in a public service notification program, such as a one-call system under 49 CFR 192.614(a) and (b).  One-call systems are programs run by utility companies to inform landowners that they should contact the utility companies before beginning any excavation work on their property to avoid disturbing underground utility pipes [761.60(b)(5)(i)(A)(1)].

(#57)  Notification About Approved PCB Disposal Facilities: Each operator of a chemical waste landfill, incinerator, or approved alternative disposal technology meeting the incineration standard must notify state and local officials at least 30 days prior to the first use of the facility [761.60(f)(1)(i)].

(#58)  Annual Notification about PCBs Disposed of: If requested by state and local officials, each operator of a chemical waste landfill, incinerator, or approved alternative to incineration must provide annual information about the quantities and types of PCBs disposed of [761.60(f)(1)(ii)].

(#59)  Notification to State and Local Officials of PCB Activities: Any person may conduct R&D for PCB disposal without prior written approval from EPA, if they meet certain conditions, one of which is to notify state and local environmental agencies at least 30 days prior to beginning the activities.  Each written notification must contain the EPA identification number for the site, the quantity of PCBs to be treated, the type of R&D technology to be used, the physical and chemical properties of the materials being treated, and an estimation of the duration of the activities [761.60(j)(i)(ii)].

(#60)  Manifest R&D PCB Wastes: Research facilities must use manifests, pursuant to Subpart K, for all R&D PCB wastes being transported from the R&D facility to an approved PCB storage or disposal facility for disposal.  Manifests are not needed if the residuals are returned to the site of generation [761.60(j)(1)(vii)].

(#61)  Self-implementing Remediation: Owners of remediation sites are required to notify, in writing, the appropriate state (or tribal) and county (or local) environmental agencies at least 30 days prior to conducting remediation activities.  The notification must include the following information: the nature of the contamination, a summary of the procedures used to sample contaminated and adjacent areas, a table or cleanup site map, the location and extent of PCB contaminated areas, including topographic maps, and a cleanup plan for the site [761.61(a)(3)(i)].

(#62)  Notification of Pending PCB Shipments: Generators of bulk PCB remediation waste must provide written notice to each off-site facility where the waste is destined that is not subject to a TSCA PCB disposal approval about the quantity and the highest concentration of PCBs shipped, at least 15 days before the first shipment of the waste from each cleanup site [761.61(a)(5)(i)(B)(2)(iv)].

(#63)  Deed Restrictions on Property Where Remediation Projects Have Been Conducted: Within 60 days of completion of a cleanup activity and in accordance with state law, site owners must record a notation on the deed to the property, or on some other instrument that is normally examined during the title search, that will in perpetuity notify any potential purchaser of the property that the land has been used for disposal of PCB remediation waste, the site is restricted for use, and the fence or cap must be maintained, as well as the applicable cleanup levels left at the site.  This notice becomes a permanent attachment to the deed [761.61(a)(8)(i)(A)].

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

≥50 ppm in areas with SPCC plans [761.65(c)(1) and (8)].

(#66) Notification of Shipping Laboratory Samples: To qualify for the exemption from manifesting laboratory sampling wastes, as per 761.65(i)(2)(i) and (ii), the sample collector shipping the samples to a laboratory and a laboratory returning samples to a sample collector must comply with applicable DOT requirements found at 49 CFR 173.345 and U.S. Postal Service regulations 652.2 and 652.3.  Information on the sample collector, the laboratory, and date of shipment must accompany a PCB sample when it is shipped to the testing laboratory or back to the sample collector [761.65(i)(3)].

Subpart G—PCB Spill Cleanup Policy

(#67)  Requirements for the Spill Cleanup Policy: Spills involving 1 pound or more by weight of PCBs must be reported to the National Response Center [761.125(a)(1)].

(#68)  Notification of PCB Contamination at a Cleanup Site: Parties responsible for cleaning up PCB spills as per the Spill Cleanup Policy can cleanup the site to 50 ppm PCBs by weight (as opposed to 25 ppm) provided that a label or notice is visibly placed in the area [761.125(c)(2)(ii)].

(#68a)  Records Pertaining to Reclassification of PCB Equipment: Owners of reclassified PCB electrical equipment must promptly provide records of reclassified PCB equipment to any party holding or possessing the equipment (for example, through sale, loan, lease, or for servicing).  Also see #41a and #75 [761.180(g)].

Subpart K—PCB Waste Disposal Records and Reports

(#69)  Manifests for PCB Wastes: Generators who relinquish control over PCB wastes by transporting, or offering for transport, PCB waste for commercial off-site storage or disposal shall prepare a manifest (EPA Form 8700-22), which specifies the identity of the waste, the earliest date of removal from service for disposal, the weight in kilograms of the waste, the unique identifying number of a PCB Article Container or PCB Container, the serial number or other identification of PCB Articles not in containers [761.207(a)].  For bulk shipments within the United States transported solely by water, waste generators are required to provide three copies of the dated and signed manifests to the owner or operator of the designated commercial storage or disposal facility [761.208(a)(2)].  For rail shipments of PCB wastes that originate at the site of generation, the generator shall send at least three copies of the manifest to the next non-rail shipper, if any, and the designated commercial storage or disposal facility, if transported solely by rail [761.208(a)(3)].

(#70)  Send Manifest to Generator: When a commercial storage or disposal facility receives an offsite shipment of PCB waste accompanied by a manifest, the owner/operator of the facility must send a copy of the manifest to the generator within 30 days after the delivery.  When a commercial storage or disposal facility receives a PCB waste from a rail or water (bulk shipment) transporter accompanied by a shipping paper containing all the information required on the manifest except the EPA identification number, generator’s certification, and signatures, the owner/operator of the facility shall send a copy of the manifest or shipping paper to the generator [761.208 (c)(1)(iv) and (c)(2)(iv)].

(#71)  Certificates of Disposal to Waste Generators: Owners or operators of disposal facilities must send Certificates of Disposal to generators of PCB wastes identified on the manifests that accompany each shipment.  The Certificates must be sent within 30 days of the date that the disposal of each item of PCB waste identified on the manifest was completed, unless the generator and the disposer agree to another time frame.  The Certificate of Disposal shall identify the disposal facility and waste affected by the certificate and include a statement certifying the date of disposal and disposal process for the identified PCB waste [761.218(a) and (b)].

(C)  Records.  Respondents are required to maintain records as follows:

40 CFR 761

Subpart A—General

(#72)  Recordkeeping of Excluded Manufacturing Processes and Certification: Chemical manufacturers and importers of products that contain inadvertently generated PCBs (i.e., excluded manufacturing processes) must maintain the monitoring data (or other analyses) that were used to support the determination of compliance with the conditions of 761.3, and copies of the signed certification of compliance.  These recordkeeping requirements expire under their own terms, either three years after the manufacturer has ceased operating the process that necessitated notification, or after seven years, whichever is a shorter retention period.  Monitoring records must contain the method of analysis; the results of the analysis, including data from the Quality Assurance Plan; a description of the sample matrix, the name of the analyst or analysis; the date and time of the analysis; and numbers for the lots from which the samples are taken [761.1(f)(1), .185(c)(2) and (d), and .193].

Subpart B—Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items

(#73)  Records of Marketing Used Oil: Marketers who first claim used oil does not contain detectable levels of PCBs must retain records supporting the claim and a copy of each certification notice received or prepared relating to transactions involving PCB-containing used oil.  Burners must include among the records a copy of each certification notice that has been provided to a marketer of PCB-containing used oil.  These requirements also apply to persons who market or burn for energy recovery liquid containing PCBs at concentrations <50 ppm PCBs at the time of removal from a natural gas pipeline system [761.20(e)(4)(i) and (ii); .30(i)(5)(ii); and .60(b)(5)(iv)(B)].

(#74)  Records of PCB Transformer Registration, Inspection, and Maintenance: Individuals are required to retain a copy of the transformer registration and the return receipt signed by the EPA and records of inspection and maintenance history for a period of three years after the disposal of the transformer(s).  The records also shall contain information of the location of each transformer; inspection dates; date of discovery of any leaks; inspector’s name; location of any leaks; estimate of the amount of dielectric fluid leaked; date and description of any cleanup, containment, repair, or replacement; the results of any containment and daily inspection required for uncorrected active leaks; and any transfer of ownership of PCB Items [761.30(a)(1)(vi)(C), (xii), and (xiv)].

(#75)  Records of Reclassified PCB Equipment: Owners of reclassified PCB equipment must maintain records at the facility where the equipment has been reclassified to a lower PCB concentration for a period of three years after reclassified and sold, transferred, or disposed.  These records, generated during the normal course of the reclassification procedure, must show that the equipment was reclassified following the required reclassification procedure.  When these procedures require testing, the records must include copies of the pre-and post-reclassification PCB concentration of the unit, taken by a laboratory using quality control and quality assurance procedures.  Equipment includes transformers, voltage regulators, electromagnets, and switches.  Also see #41a and #68a [761.30(a)(2)(v)(C) and (D); .30(h)(2)(v)(C) and (D), and .180(g)].

(#76)  Natural Gas Pipeline Data: PCBs at concentrations of ≥50 ppm are authorized for use in natural gas pipelines if certain actions are taken to characterize the concentration and extent of contamination, as well as remedial measures taken to reduce the PCB concentrations below regulated levels.  Records of the results of the sampling and analysis as well as any actions taken or not taken to reduce the PCB concentrations must be kept for three years after the PCB concentrations have been reduced to below regulated levels.  EPA expects the recordkeeping burden to be minimal as the regulations allow for use of historical data.  Owners or operators of natural gas pipeline systems that do not include sources of PCB contamination (e.g., natural gas compressors, natural gas scrubbers, and natural gas filters) containing ≥50 ppm PCBs also must comply with the  recordkeeping requirements [761.30(i)(1)(iii)(B) and (C)].

(#77)  Records of Equipment Stored for Reuse: Owners of PCB Articles stored for reuse must maintain records starting at and indicating the time the PCB Article is removed from use or starting from August 28, 1998, if the date it was removed from use is not known.  The records must also include the projected location and the future use of the PCB Article, and, if applicable, the date the PCB Article is scheduled for repair or servicing [761.35(a)(2)].

Subpart C—Marking

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

Subpart D—Storage and Disposal

(#79)  Records of Disposal for R&D Facilities: The self-implementing provisions under 761.60(j) allow individuals to conduct research and development for PCB disposal.  One of the provisions is that R&D facilities must comply with existing recordkeeping requirements in 761.180 (e.g., maintain the annual document log and annual records) and the applicable storage and disposal requirements in Subpart D [761.60(j)(1)(ix)].

(#80)  Records of Remediation Activities: Individuals conducting self-implementing remediation projects are required to maintain records of the sampling plans, sample collection procedures, sample preparation procedures, extraction procedures, and instrumental/chemical analysis procedures used to assess or characterize the PCB contamination at the cleanup site.  Persons using alternate methods for chemical extraction and chemical analysis for site characterization must keep on file records of a comparison study that meets or exceeds the requirements of 761.269(c) [761.61(a)(3)(i)(E) and (a)(6), and Subparts O and Q].

(#81)  Waivers of the Notification Requirement: Under the self-implementing remediation provisions of 761.61, individuals who receive a waiver of the 30-day notification requirement must maintain the original written waivers received from each of the agencies they are required to notify under this section (i.e., the RA, state and county (or local) environmental offices) [761.61(a)(3)(iii)].

(#82)  Records of Remediation Cleanup Activities: For the cleanup of bulk PCB remediation waste, non-porous surfaces, porous surfaces, and liquids, site owners must keep records as per 761.125(c)(5) for a period of five years.  The records must identify the source of the spill and include information on the estimated or actual date of the spill, the date cleanup was completed or terminated, a brief description of spill location and the nature of the materials contaminated, pre-cleanup sampling data used to establish spill boundaries, a brief description of the solid surfaces cleaned, the approximate depth of soil excavation and the amount of soil removed, post cleanup verification sampling data, and a brief description of the sampling methodology [761.61(a)(9)].

(#83)  Records of Sampling and Analysis of PCB Bulk Product Waste: Persons disposing of PCB bulk product waste in solid waste landfills must keep records of the sampling and analysis of PCB bulk product waste as well as required notifications.  The records must be maintained for three years from the date of their creation and made available to EPA upon request [761.62(b)(5)].

(#84)  Attempts to Secure Disposal: The regulations include a provision that would grant individuals an automatic one-year extension to store waste beyond the one-year deadline for disposal if certain conditions are met.  One of the conditions is that the individual must maintain a written record of his efforts to secure disposal capacity until the waste is disposed.  These records must be made available for inspection by the EPA [761.65(a)(2)(ii),and (3)].

(#85, 86)  Spill Prevention, Control, and Countermeasure (SPCC) Plan: Owners/operators of facilities using PCB storage containers, as per 29 CFR 1910.106, must prepare SPCC plans.  SPCC plans are also necessary to temporarily store containers of PCB liquids >50 ppm.  An SPCC plan is necessary when an individual has not previously stored liquid PCBs on a temporary basis [761.65(c)(1)(iv) and (7)(ii)].

(#87)  Records of PCB Items in Stationery Storage Containers: PCB Items shall be dated when removed from service for disposal.  For each batch of PCBs added to storage containers, as per 761.65(c)(7), owners of the containers shall maintain a record that includes the quantity of the batch and date the batch was added to the container.  The record shall also include the date, quantity, and disposition of any batch of PCBs removed from the container [761.65(c)(8)].

≥50 ppm [761.65(c)(10) and .180].

(#89)  Incinerator Records: Owners and operators of incinerators must keep records five years after the date of collection of the quantity of PCBs fed into the incinerator and the rate at which the PCBs are fed, the temperature of the incineration process, the results of continuous monitoring of combustion products for oxygen and carbon monoxide, at a frequency specified by EPA, and information on the weight of solid residue generated by the incinerator [761.70(a)(3), (4), and (7); (c); and .180(c)].

(#90)  High Efficiency Boiler (HEB) Feed Rate and Emissions Record Retention: Persons burning liquids other than mineral oil dielectric fluid, containing PCBs between 50 and 500 ppm, in an approved HEB must retain the following records for a period of five years: the quantity of low concentration PCBs burned in the boiler each month, monthly waste analysis records, and the data required in 761.71(b)(1)(vi) and (b)(1)(vii), which includes the carbon monoxide concentration and excess oxygen percentage in the stack gas; the fuel feed rate; waste fluid feed rate; and the quantities of fuel and waste fluid fed to the boiler [761.71(a)(1)(vi) and (vii), (a)(4), (b)(1)(vi) and (b)(1)(vii), (b)(5), and .180(e)].

(#91)  PCB Disposal Using Scrap Metal Recovery Ovens and Smelters: The use of scrap metal recovery ovens and smelters is authorized for disposing of PCB-contaminated items when the equipment meets certain operating parameters and conditions.  One of these parameters addresses the temperature of the hearth (i.e., at least 1,000º C when charged with PCB Items).  Operators are required to record the temperature and retain the data at the facility for three years from the date each charge is introduced.  Because these devices are considered disposal units, owners of the equipment must meet all applicable recordkeeping requirements in 40 CR 761 Subparts J and K (e.g., maintain annual document log and annual records) [761.72(a)(9) and (b)(6)].

(#92)  Chemical Waste Landfill Records: Owners/operators of chemical waste landfills that dispose of PCBs must maintain records at least 20 years after a facility ceases disposal operations of all PCB disposal operations, including PCB concentration in liquid wastes, the three-dimensional burial coordinates for PCBs and PCB Items, water sampling and analysis (i.e., samples of surface and ground water at locations and frequencies specified by EPA in their approvals), and additional records.  The samples must be analyzed for PCBs, pH, specific conductance, and chlorinated organics [761.75(b)(6)(iii) and (b)(8)(iv) and .180(d)].

(#93, 94)  Decontamination Activities: If individuals follow self-implementing decontamination procedures (and maintain the required records), they will not need to obtain a PCB disposal approval, as is currently the case, to decontaminate for continued use or distribution in commerce items that had been contaminated with PCBs.  Test and validation results of performance-based decontamination activities using PODFs and VADFs must be retained [Subpart T, 761.79(d)(4)].  Also, individuals that conduct PCB decontamination activities must maintain records of sampling activities that show sampling locations, analytical results, and information about the wastes generated by a decontamination process.  These records must be retained at the site of decontamination for a period of three years for inspection by EPA [761.79(f)(1) and (2)].

Subpart E—Exemptions

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

Subpart G—PCB Spill Cleanup Policy

(#97, 98)  Records of Spill Cleanup and Delays: Parties responsible for cleaning up PCB spills must maintain documentation of the cleanup activities and certification of the documentation for five years.  Owners of PCB spills who have delayed cleanup because of circumstances such as civil emergency; hurricane, tornado, or other similar adverse weather conditions; lack of access due to physical impossibility; or emergency operating conditions, must keep records documenting the fact that circumstances precluded rapid response [761.125(b)(3), (c)(1) and (c)(5) and .61(a)(9)].

Subpart J—General Records and Reports

(#99)  The Annual Document Log for PCBs and PCB Items: Owners/operators of PCBs and PCB Items in service or projected for disposal must maintain annual records and a written annual document log for three years after the PCB activities cease.  The records must include signed manifests, Certificates of Disposal, records of inspections and cleanups, facility and Item identification information, total number of Items, telephone records, and Item transfer information.  Individuals must also collect and maintain documents, correspondence, and data pertaining to storage/disposal of PCBs that have been provided to as well as received from any state or local government agency and any application/correspondence submitted to local, state, or federal permitting authorities [761.180(a), (a)(4), (b), and (f); and 761.65(c)(5)].