Supporting Statement for an Information Collection Request (ICR)
Under the Paperwork Reduction Act (PRA)
EXECUTIVE SUMMARY
Identification of the Information Collection  -  Title and Numbers
Title:
PCBs, Consolidated Reporting and Recordkeeping Requirements
EPA ICR No.:
1446.14
OMB Control No.:
2070-0112
Docket ID No.:
EPA-HQ-OPPT-2017-0647
Abstract
The Toxic Substances Control Act (TSCA) section 6(e), 15 USC 2605(e), directs the Environmental Protection Agency (EPA) to regulate the marking and disposal of polychlorinated biphenyls (PCBs). Section 6(e)(2) bans the manufacturing, processing, distribution in commerce, and use of PCBs in other than a totally enclosed manner. Section 6(e)(3) establishes a process for obtaining an exemption from the prohibitions on the manufacture, processing, and distribution in commerce of PCBs. This provision requires that EPA must make a finding by rule that such activities will not present an unreasonable risk of injury to health or the environment. In addition, good faith efforts must have been made by the petitioner to develop a chemical substance that does not present an unreasonable risk to replace the PCBs. Exemptions may be granted for a period not to exceed one year. Implementing regulations have been codified in 40 CFR 761, as shown in Table 1.
                      SUBPARTS AND SECTIONS OF 40 CFR 761
	Subpart
                                Section Numbers
                                 Subpart Title
Subpart A
§§761.1 - .19
General
Subpart B
§§761.20 - .35
Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items
Subpart C
§§761.40 - .45
Marking of PCBs and PCB Items
Subpart D
§§761.50 -.79
Storage and Disposal
Subpart E
§§761.80
Exemptions
Subpart F
§§761.91 - .99
Transboundary Shipments of PCBs for Disposal
Subpart G
§§761.120 - .135
PCB Spill Cleanup Policy
Subpart J
§§761.180 - .193
General Records and Reports
Subpart K
§§761.202 - .219
PCB Waste Disposal Records and Reports
Subpart M
§§761.240 - .257
Determining a PCB Concentration for Purposes of Abandonment or Disposal of Natural Gas Pipeline; Selecting Sample Sites, Collecting Surface Samples, and Analyzing Standard PCB Wipe Samples
Subpart N
§§761.260 - .274
Cleanup Site Characterization Sampling for PCB Remediation Waste in Accordance with 40 CFR 761.61(a)(2)
Subpart O
§§761.280 - .298
Sampling to Verify Completion of Self-Implementing Cleanup and On-Site Disposal of Bulk PCB Remediation Waste and Porous Surfaces in Accordance with §761.61(a)(6)
Subpart P
§§761.300 - .316
Sampling Non-Porous Surfaces for Measurement-Based Use, Reuse, and On-Site or Off-Site Disposal Under §§761.61(a)(6) and 761.79(b)(3)
Subpart Q
§§761.320 - .326
Self-Implementing Alternative Extraction and Chemical Analysis Procedures for Non-Liquid PCB Remediation Waste Samples
Subpart R
§§761.340 - .359
Sampling Non-Liquid, Non-Metal PCB Bulk Product Waste for Purposes of Characterization for PCB Disposal in Accordance with §761.62, and Sampling PCB Remediation Waste Destined for Off-Site Disposal, in Accordance with §761.61
Subpart S
§§761.360 - .378
Double Wash/Rinse Method for Decontaminating Non-Porous Surfaces
Subpart T
§§761.380 - .398
Comparison Study for Validating a New Performance-Based Decontamination Solvent Under 40 CFR 971.79(d)(4)

This Supporting Statement is a renewal of the Information Collection Request (ICR) that addresses reporting and recordkeeping requirements found in the rules identified above. There are approximately 100 specific reporting, third-party reporting, and recordkeeping requirements covered by this consolidated ICR. Some examples of reporting and third-party reporting requirements included at 40 CFR 761 follow:
    Submitting reports/certifications to qualify for the exclusion from the manufacturing ban, thus allowing the manufacture or importation of chemical products that contain inadvertently generated trace PCB impurities.
    Registering newly discovered PCB Transformers with EPA (reporting) and building owners (third-party reporting).
    Submitting annual reports concerning the storage and disposal of PCBs.
    Notifying EPA to obtain approval to exceed the time limits for storing equipment slated for reuse or to exceed the current one-year limitation on storing equipment for disposal.
    Notifying EPA (i.e., reporting) and state and local officials (i.e., third-party reporting) of self-implementing PCB remediation activities and changes to these activities, and providing certification that all records of remediation activities are on file.
    Requesting EPA approval to operate facilities that dispose or commercially store PCBs.
    Submitting Unmanifested Waste Reports.
    Sending Certificates of Disposal to generators of PCB waste (third-party reporting).
Examples of recordkeeping requirements under 40 CFR 761 include:
    Maintaining records of PCB Transformers and transformer inspections, Voltage Regulators, and Large Capacitors.
    Maintaining records of PCB equipment stored for reuse.
    Keeping records of remediation activities.
    Preparing and maintaining plans for handling PCB spills [i.e., Spill Prevention, Control, and Countermeasure (SPCC) plans].
    Preparing and maintaining annual document logs for incineration facilities, chemical waste landfills, and high efficiency boilers.
    Maintaining monitoring records of the manufacture, import, processing, distribution in commerce, or use of chemicals containing inadvertently generated or recycled PCBs.
    Maintaining records associated with the transfer, storage, and disposal of PCBs and PCB equipment; the processing and distribution in commerce of PCBs; and the decontamination of PCB Items.
Information required by these regulations is used by EPA's Regional Administrators, the Office of Enforcement and Compliance Assurance (OECA), or the Office of Pollution Prevention and Toxics (OPPT), as appropriate. Much of the information is maintained as part of the public docket. Confidential business information (CBI) submitted to EPA to qualify for the chemical manufacturing exclusions is maintained by OPPT in the CBI docket. Data collected under the transformer registration program are provided to the EPA Regional Offices and other environmental offices, on an as requested basis (e.g., state environmental agencies, fire response personnel, etc.), and is accessible online as well.
All of the information collection activities associated with the PCB regulations found at 40 CFR 761 have been previously approved by the Office of Management and Budget (OMB). The total hourly and cost burdens associated with the requirements discussed in this consolidated ICR include time needed to collect and review required information and transmit or otherwise disclose the information. EPA will use the information collected by the 40 CFR 761 requirements to ensure PCBs are managed in an environmentally safe manner and that activities are being conducted in compliance with the PCB regulations. Specific uses of the information collected include determining the efficacy of a disposal technology; evaluating exemption requests and exclusion notices; targeting compliance inspections (e.g., determining if operational criteria for disposal facilities are being met); and ensuring adequate storage capacity for PCB waste.
Summary Table

                            Number of Respondents
                          Annual Number of Responses
                          Total Annual Burden (Hours)
                            Total Annual Costs ($)
Reporting Requirements
                                      845
                                       1
                                    120,536
                                  $4,392,974
Third Party Disclosure
                                    27,209
                                       1
                                     3,766
                                   $284,020
Recordkeeping
                                    48,204
                                       1
                                    553,741
                                  $27,141,447
Total
                                    76,258
                                       1
                                    678,043
                                  $31,818,441
Agency
                                       -
                                       -
                                    24,801
                                  $1,200,267

SUPPORTING STATEMENT
1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
The reporting and recordkeeping requirements of this consolidated ICR are implemented under the TSCA authorities at 15 USC 2605(e). To meet its statutory obligations, EPA must obtain sufficient information to conclude that the specified activities do not result in an unreasonable risk of injury to health or the environment (Attachment 1). The regulations are intended to prevent the improper handling and disposal of PCBs and to minimize the exposure of human beings or the environment to PCBs.
To assist EPA in achieving these goals, the information collected by these requirements will update the Agency's knowledge of ongoing PCB activities, ensure that individuals using or disposing of PCBs are held accountable for their activities, and demonstrate compliance with the PCB regulations. Tables 1-A, 2-A, and 3-A (located in the Appendix) provide specific regulatory citations for each reporting, third-party reporting, and recordkeeping requirement, respectively, as well as the use for each requirement, which is provided in response to section 2(b) of this Supporting Statement. Item numbers in the first column of the tables in the Appendix are included for ease of reference to the numerous requirements and are carried through to other sections and tables throughout this document.
There are, however, certain PCB requirements that are exempt from the Paperwork Reduction Act (PRA). In defining "collection of information," OMB's PRA regulations explicitly exempt public disclosures where all the information required to be displayed is supplied by the government. The last sentence of 5 CFR 1320.3(c)(2) states, "The public disclosure of information originally supplied by the Federal Government to the recipient for the purpose of disclosure to the public is not included within this definition" (emphasis added).
EPA's PCB marking requirements at §§761.40 and .45 supply all the information required by EPA to be displayed on items containing PCBs, except for §§761.45(a) and .40(j)(2) (Attachment 2). All the information required to be disclosed for compliance with these two provisions is not provided by EPA, however, the requirements do not negate the above conclusion.
For §761.45(a), the mark prompts the recipient to add information identifying the name and telephone number of a person to contact beyond the contact information already supplied by EPA's mark itself. (The mark gives an emergency 800 number at the U.S. Coast Guard in case of accidents or spills, and states "for disposal information contact the nearest U.S. EPA office.") However, OMB's PRA regulations state at 5 CFR 1320.3(h)(1) that the definition of "information" does not generally include "affidavits, oaths, affirmations, certifications, receipts, changes of address, consents, or acknowledgments; provided that they entail no burden other than that necessary to identify the respondent, the date, the respondent's address, and the nature of the instrument." Thus, requiring the recipient to display merely the name and phone number of a contact person falls outside OMB's definition of "information" and therefore does not require OMB approval or negate the exemption, under 5 CFR 1320.3(c)(2), for the PCB marking requirements.
The second exemption is that §761.40(j)(2) allows the use of marks other than that prescribed by EPA at §761.45 for PCB Transformers (provided, among other things, that (i) those marks were in use before August 15, 1985, (ii) before August 15, 1985, the primary fire department accepted the alternative mark, (iii) the EPA Regional Administrator was informed in writing of the alternative mark by October 3, 1988, and (iv) the Regional Administrator approved the alternative mark within 30 days of receipt). This exception applies only to the discrete universe of individuals who were already using alternative markings before August 15, 1985, and received EPA's approval to continue using it. At that time, the PRA did not apply to Agency requirements that regulated entities disclose information to third parties or the pubic rather than to the Agency itself, Dole v. United Steelworkers of America, 110 S. Ct. 929, 938 (1990), such as a requirement to display a marking on PCB Transformers.
There are three main types of possible violations for these PCB marking requirements: PCB Transformers with (1) no labels, (2) unapproved alternative labels, or (3) inadequate labels with missing or incorrect information. Those persons who fail to use any mark and never submitted an application for an alternative, and those persons who are using an unapproved alternative mark, cannot assert the PRA as an affirmative defense, because they are required to use the mark specified in §761.45, which, according to 5 CFR 1320.3(c)(2), does not constitute the collection of information.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the Agency has made of the information received from the current collection.
EPA will use the information collected by the 40 CFR 761 requirements to ensure PCBs are managed in an environmentally safe manner and that activities are being conducted in compliance with the PCB regulations. Tables 1-A, 2-A, and 3-A, contain information on the specific use of the data for each information collection. (See Appendix.)
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection.  Also describe any consideration of using information technology to reduce burden.
Currently, given the nature of the collections and disclosure requirements, all of the PCB information collections are done in hard copy form. Although the content of these various collections has been specified earlier in this Supporting Statement, the majority of the collections do not require the use of a specific form or format. Only two of the collections involve a specifically prescribed form. EPA is currently engaged in the adoption of an electronic manifesting system for RCRA hazardous wastes. As many of the RCRA provisions for the Uniform Hazardous Waste Manifest are incorporated by reference into the PCB regulations at 40 CFR Part 761 Subpart K, the electronic manifest can in most instances also be used for PCB waste shipments, at the option of the user.
Requests for disposal approval may be submitted in the form most convenient to the applicant. Because of the nature of the information (i.e., CBI, engineering blueprints), much information is still submitted on paper, rather than electronically, but EPA encourages and readily accepts data in electronic format. There is no requirement for the information to be submitted in an automated, electronic, mechanical, or other technological information format.
Records are maintained at EPA by the staff overseeing the review of permit applications. Applications are retained for the duration of the disposal facilities operating approval. The public may access the non-confidential portions of applications.
4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
TSCA section 6(e) assigns the responsibility for regulating the manufacture, processing, distribution in commerce, use, storage, and disposal of PCBs to the EPA Administrator. All of the information requested under this ICR is required by the statute and the implementing regulations at 40 CFR 761 and is not available from other sources. The information collection requirements addressed in the ICR are not duplicative of any other Federal agency legislation. No other Federal agency requires respondents to report or maintain information on the manufacturing, processing, or distribution in commerce of PCBs.
For example, the notification and recordkeeping requirements of §§761.185, 761.187, and 761.193 comprise the sole source of information EPA relies on to identify the manufacturing sites that inadvertently manufacture PCBs and to verify that the members who have certified their eligibility for the exclusion are not exceeding the prescribed limits on PCB releases. Over time, reviewers of the PCB ICRs have suggested that the TSCA PCB requirements are duplicative of TSCA inventory Form U reports, EPCRA Tier I and II reports, and Customs records that presumably could be used by EPA to identify a product's PCB concentration (§§761.185 and .187); that the Resource Conservation and Recovery Act (RCRA), Clean Water Act (CWA), Clean Air Act (CAA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) could be used by EPA to address air and water emissions and process waste concerns (§761.187); and that the Emergency Planning and Right-to-know Act (EPCRA) reporting requirements could be used by EPA to identify locations of PCB Transformers and PCB releases (§§761.30(a)(1) and .187). However, none of these requirements begin to address the concerns that are being tracked under the TSCA PCB regulations. For example, Customs records collect information on importation (i.e., chemical products, points of entry, and quantities, not products with de minimis levels of PCBs). The EPCRA and TSCA inventory reports do not gather information at the levels that would be useful under the PCB regulations. Finally, the RCRA, CWA, CAA, and CERCLA provisions cannot be used to monitor PCB concentrations in consumer products or to prescribe disposal procedures for PCBs.
5. If the collection of information impacts small businesses or other small entities, describe the methods used to minimize burden.
Small businesses are not exempt from the PCB regulations under TSCA, and the information collections will affect all entities, regardless of size, that own or use PCBs or PCB-containing equipment and generate PCB waste. The potential health ramifications necessitate equal reporting and recordkeeping requirements for all persons, and due to heightened awareness and concern for proper PCB disposal practices, the potential human and environmental risk necessitates equal disclosure by all applicants regardless of size. While all practical steps have been taken to minimize the reporting and recordkeeping burdens, the requirements imposed are the minimum necessary to maintain proper accountability for the disposition of the PCBs. These requirements assist EPA in meeting its statutory obligation to make a finding of no unreasonable risk for an authorized activity and determining, for example, whether a petitioner is eligible to receive the benefit of an approval, exemption, or exclusion. In general, while the reporting and recordkeeping requirements impose additional obligations on small businesses, these requirements are of a conventional nature that should be familiar to businesses, and are no more burdensome than conventional standard business practices. In addition, some requirements overlap with sound business practices, such as periodically inspecting valuable equipment, maintaining an inventory of property and other basic recordkeeping.
Small organizations will usually handle smaller volumes of PCBs than larger entities, thereby minimizing their reporting and recordkeeping burdens. The complexity of toxic material disposal and the required financial assurance to ensure against environmental liabilities seem to deter smaller businesses from engaging in disposal facility enterprises (e.g., it is economically infeasible). In another example, the majority of PCB Transformers subject to these requirements are located in large industrial and utility locations, as the use of transformers designed to use PCBs (Askarel transformers) is associated with high-voltage applications. Therefore, fewer small businesses are likely to own many PCB Transformers because of the nature of their application as well as significant costs associated with the initial purchase of the equipment and the long-term expense for operation and maintenance. Moreover, even assuming that PCB Transformers are as likely to be owned by small entities as larger firms, the regulatory cost remains very small relative to overall revenues.
In another example, the manufacturing exclusion was designed to minimize the burdens of the TSCA section 6(e) bans on chemical manufacturers. This rule has relieved small business manufacturers from the burdens of filing annual petitions for exemption from the manufacturing, processing, and distribution in commerce bans, as required under section 6(e)(3). Further, to minimize the burdens of information collection on small organizations, EPA allows significant flexibility in its information collection requirements so that manufacturers have options available to them for supporting their requests for exclusion. One option avoids the need for repeated sampling and reporting by allowing manufacturers to conduct theoretical analyses rather than actual sampling of process streams to estimate the levels of PCBs generated by the processes. If the basis for the theoretical analysis is sound, the manufacturer may certify compliance on the basis of that analysis, until and unless he or she engages in a new process or significantly alters the reported process. Additional flexibility is available for estimating the levels of PCBs generated and released. Rather than specifying a sampling regime or method of theoretical analysis, the reports require only that petitioners support the estimates by any defensible basis. For example, sampling results may be accompanied by a description of the sample matrix and any data from a quality assurance plan.
Small business entities may include both those in the public and private sectors, and not-for-profit organizations as well as for-profit entities. The Regulatory Flexibility Act identifies three classes of small entities of special concern:
 Small for-profit businesses as defined by the Small Business Administration's (SBA) Table of Size Standards (U.S. SBA, 2010)
 Small governments, defined as governmental jurisdictions, such as cities, towns, counties, or school districts, with a population less than 50,000.
 Small organizations, defined as not-for-profit enterprises that are independently owned and not dominant in their fields.
Entities generating PCB wastes comprise the following classes:
 Electric utility industry: PCB-oil and contaminated mineral oil from electrical equipment such as transformers and large capacitors. Included in this category are publicly owned entities such as municipal and county electric systems as well as other public power systems such as irrigation districts.
 Non-utility entities with privately owned electrical equipment, such as PCB Transformers and Capacitors and other PCB-Contaminated electrical equipment. This group includes those entities that own high-voltage transformers and large capacitors. A 1989 EPA report identified such entities as most likely to be in oil and gas production, manufacturing, railroads, and telecommunication industries. Not-for-profit entities such as colleges and universities and hospitals are also to be included in this group (EPA, 1989). Public-sector operations such as prisons might also possess this type of equipment.
 Entities with PCB ballasts from fluorescent light fixtures. Due to the widespread use of fluorescent lighting, any entity operating out of a fixed location built prior to the late 1970s is a possible candidate for inclusion in this class of waste generators. Included are government bodies, such as school districts, that have such lighting equipment.
 Entities operating natural gas pipelines may have PCB-contaminated pipeline equipment resulting from the contact of condensate with PCB-contaminated oils used in pipeline compressors.
 PCBs have been found in electrical components of appliances and in automobiles, and disposal operations such as automobile or appliance shredding may generate PCB-contaminated materials.
 Cleanup of Superfund sites and other hazardous waste sites may generate PCB-contaminated materials.
Electric Utilities: It has been estimated that 60 to 70 percent of the PCBs produced were used in dielectric fluid for transformers and capacitors. Thus, such high-voltage equipment, including askarel and mineral oil transformers, represents a major, albeit steadily declining, source of PCB waste generation. EPA studies of the numbers of such equipment in use assumed that utilities owned 30 percent of the askarel transformers and 80 percent of the mineral oil transformers, with the remainder owned by non-utility industrial enterprises (U. S. EPA, 2004). In 2003, EPA estimated that 3,170 utilities might own PCB and PCB-contaminated electrical equipment (U.S. EPA, 2003). The SBA small-entity definition for the electric utility industry includes entities producing 4 million megawatt-hours of electricity sales or less. Small publicly owned utilities are those owned by government bodies with a population of less than 50,000 (U.S. SBA, 2010)
Other Industrial Sectors: The available evidence suggests that PCB waste generation related to contaminated electrical equipment, fluorescent light ballasts, and other PCB wastes, is common throughout a number of industrial sectors. The 1989 EPA study, based on Arkansas, New York, and California state information about PCB waste generators, identified oil and gas production (NAICS 211111), manufacturing (NAICS 31-33), line-haul railroads (NAICS 48211), telephone communications (NAICS 513), and refuse systems (NAICS 562111) as accounting for over 90 percent of the non-utility, private sector PCB waste generators. Information on PCB waste generators for New York and California indicate that a large proportion of non-utility PCB waste generators fall within NAICS codes 211, 31-33, 335, and 562. These industries are expected to account for most of the PCB wastes associated with the disposal of electrical equipment. Hospitals (NAICS 62211) and colleges and universities (NAICS 61131) are also likely to have high-voltage electrical equipment of the type associated with PCB contamination and thus should be included within the class of PCB waste generators associated with such equipment. This assumption is corroborated by the inclusion of such establishments among the New York hazardous waste generators listed as disposing of PCB transformers and capacitors. The specific description of the wastes for each generator provided by the New York data also confirms the belief that wastes associated with fluorescent light ballasts are generated by establishments throughout the private and public sectors.
EPA used this information about the industrial pattern of PCB waste generation to develop industry-specific estimates of the number of establishments that might have PCB and PCB-Contaminated Electrical Equipment. Based on a previous study of the electric utility industry, EPA estimated that 0.3 percent of electric utility customers receive power at high voltage levels (ERG, 1993). High-voltage customers in most cases have transformers, capacitors, and other equipment necessary to transform the voltages and distribute electricity within their premises. That study also estimated that 85 percent of such establishments own their own high-voltage transformation equipment, the remainder using transformation equipment provided or leased to them by their utility company.
Previously, EPA estimated that approximately 50,000 industrial establishments have affected equipment (U.S. EPA, 2003). While the likelihood of owning the regulated equipment increases for high-voltage customers, it is not the only characteristic that is relevant. Low-voltage distribution equipment can also be PCB-contaminated.
EPA distributed the affected establishments among industries using judgments of the distribution of high voltage equipment among 3-digit NAICS industries. Thus, while an establishment need not be a high-voltage customer to be affected by the regulations, being a high-voltage customer was considered the best indicator of whether the establishment would be using PCB-containing equipment. The methodology included the following judgments. First, the industries were stratified according to whether they would include a substantial number (high prevalence), relatively few (low prevalence), or a negligible number of high-voltage users. Second, high-prevalence industries were judged to account for two-thirds of the list of high-voltage users. The 50,000 affected establishments were then distributed among industries within these two groups on the basis of the overall distribution of establishments. The results of this distribution methodology are shown in Table 3-2 of the Draft Analysis of the Cost Impacts of Potential Amendments to the PCB Regulations at 40 CFR 761 (U.S. EPA, 2003).
For most NAICS industries, SBA classifies small entities by employment size. Depending upon the industry, entities with fewer than 500, 750, or 1,000 employees are classified as small businesses. For most of the remaining industries, small firms are classified by revenue size. To estimate the number of small entities for these industries, average revenues per entity were calculated for each employment size category in each six-digit NAICS code. The average revenue per entity for employment size classification in each NAICS code was then compared to the SBA small business definition. All entities in size classifications falling below the small business definition were counted as small businesses.
Table 3-3 in the Draft Analysis of the Cost Impacts of Potential Amendments to the PCB Regulations at 40 CFR 761 presents estimates of the number of entities in each industry that own affected equipment (U.S. EPA, 2003). These estimates are based on the distribution of high-voltage equipment establishments and assume that the frequency of high-voltage equipment ownership among entities is the same among establishments. Also, small entities are assumed to be as likely to own high-voltage equipment as larger firms, an assumption that may result in an overstatement of the actual number of small entities that own such equipment. Updating this table with census data (U.S. Census, 2007) suggests that in addition to the estimated 8,911 non-utility entities with high-voltage equipment, 1,858 electric utilities own high-voltage equipment. Similarly, 8,571 small non-utility entities and 1,681small utility entities are estimated to own high-voltage equipment. Additionally, comments submitted to EPA by the Utility Solid Waste Activities Group (USWAG, 2010) suggests that companies have disposed of approximately 2 to 3 percent of PCB equipment annually, with PCB equipment estimated to be phased out by 2029. This indicates that the number of small businesses being impacted continues to decrease.
6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
EPA has judged that the reporting and recordkeeping requirements of the ICR are the minimum amount necessary to prevent injury to health and the environment. These requirements ensure adequate oversight by EPA over the use of PCBs and PCB equipment and the storage and disposal of PCB wastes. If these activities were conducted less frequently, the mismanagement and improper storage and disposal of PCBs would likely cause subsequent environmental contamination.
There are several examples of one-time PCB information collection requirements. One example is the notification and certifications requirements of §761.185, which are supported by relevant sampling data or by theoretical analysis. Only when processes are modified are importers and manufacturers required to re-notify. The notification requirements regarding installation of PCB Transformers in emergency situations and for owners who elect not to install enhanced electrical protection on lower voltage secondary transformers were one-time notifications that were to be completed by October 1, 1990. Another example are the reports on total PCB releases of §761.187 that need only be submitted if the PCB levels in the products exceed the specified annual average of 25 ppm, or when releases to air and water exceed the regulatory thresholds. Also, EPA requires one-time notifications for owners to register their newly discovered PCB Transformers (see EPA Form 7720-12, PCB Transformer Registrations at Appendix C) and for individuals to notify the Agency of their PCB waste handling activities (see EPA Form 7710-53, Notification of PCB Activity at Appendix D); both notifications can be accomplished by completing a simple form, although use of the form is optional when registering PCB Transformers.
7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.
 requiring respondents to report information to the agency more often than quarterly;
 requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
 requiring respondents to submit more than an original and two copies of any document;
 requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
 in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
 requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
 that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
 requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
Not applicable.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken in response to the comments. Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside EPA to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.
Pursuant to 5 CFR 1320.8(d), EPA will publish a notice in the Federal Register, announcing the planned renewal of this information collection activity, soliciting public comment on specific aspects of the ICR and providing a 60-day public comment period.
In addition to the public notice that EPA will publish in the Federal Register concerning the renewal of this ICR, EPA staff will contact appropriate stakeholders and ask them for their assessment of the regulatory burden estimates expressed by the Agency in this ICR. A summary of these consultations will be provided in Attachment C.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
This question is not applicable to this ICR
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. . If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.
Petitioners or permit applicants may claim that all or part of any information given to EPA, such as process design information, is confidential business information (CBI). EPA handles claims of confidentiality pursuant to established CBI procedures, as found at section 14 of TSCA, 40 CFR 750.16 and 750.36, and the Agency's TSCA CBI Manual. CBI is also protected under the Freedom of Information Act (5 USC 525). Most of the information requested in the reporting or recordkeeping requirements of these collections is not of a confidential nature.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
EPA asks no questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information.
 Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
 If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
 Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under `Annual Cost to Federal Government'.

EPA's PCB regulations could affect entities in all industrial categories, regardless of size, that currently possess PCB Items, PCB-contaminated equipment, or other PCB waste. These entities include those in both the public and private sectors, and may include not-for-profit organizations as well as for-profit entities. Entities that generate PCB wastes comprise the following classes:
 Electric utility industry (NAICS 2211), including municipal and county electric systems, and other publicly owned systems, such as irrigation districts. It has been estimated that 70 percent of PCBs produced were used in dielectric fluid for transformers and capacitors. Thus, such high-voltage equipment represents a significant use of PCBs and therefore a major source of PCB waste generation. EPA studies of the numbers of such equipment in use assumed that utilities owned 30 percent of the askarel transformers and 80 percent of the mineral oil transformers, with the remainder owned by non-utility industrial enterprises (U.S. EPA, 2004).
    Non-utility entities with privately-owned electric equipment, such as:
       oil and gas producers (NAICS 211111)
       manufacturers (NAICS 31-33)
       line-haul railroads (NAICS 48211)
       telecommunications (NAICS 513)
       refuse systems (NAICS 562111).
EPA studies have shown that these entities account for more than 90 percent of PCB waste generated by the non-utility private sector. Hospitals (NAICS 62211) and colleges/universities (NAICS 61131) are also likely to have high-voltage electrical equipment of the type associated with PCB use and contamination.
    Entities with PCB ballasts from fluorescent light fixtures, including manufacturing and industrial entities, government bodies and school districts that have such lighting equipment.
    Entities operating natural gas pipelines.
    Entities engaged in bulk solid waste operations, such as automobile shredders.
    Entities involved in remediating PCB wastes, such as Superfund and other hazardous waste sites.
    PCB disposal facilities that must obtain approval from EPA to operate (e.g., incinerators, chemical waste landfills, alternate disposal technologies). This would include individuals, businesses, federal agencies, and state/local governments engaged in PCB waste management activities. NAICS code 562111, hazardous waste material disposal sites, may be applicable.
    Other primary respondents include:
       trucking and warehousing (storage) (NAICS 484)
       sanitary services (incinerators, landfills) (NAICS 5622)
       steam suppliers [high efficiency boilers (HEB)] (NAICS 22133)
       Administrators of Environmental Quality Programs (NAICS 924).
    All chemical manufacturers (and importers of products) who wish to qualify excluded processes and continue the legal manufacture (or importation) of trace amounts of PCBs; the processing, distribution in commerce, or use of chemical products that contain the PCBs generated in excluded manufacturing processes; and the processing, distribution in commerce, or use of products containing "recycled PCBs" (§761.3) must comply with appropriate notification and recordkeeping requirements. These respondents are classified under NAICS codes 3254, 325611, 325, 3253, which are drugs; soap, cleaners, and toilet goods; industrial organic chemicals; and agricultural chemicals, respectively. Other affected industries may include:
       alkalies and chlorine (NAICS 325181)
       inorganic pigments (NAICS 325131)
       plastic materials and resins (NAICS 325211)
       synthetic rubber (NAICS 325212)
       organic fibers non-cellulosic (NAICS 325222)
       other chemicals and allied products (NAICS 3259981)
       adhesives and sealants (NAICS 32552)
       printing ink (NAICS 32591)
       chemical preparations (NAICS 325998)
       rubber and miscellaneous plastic products (NAICS 326).
Respondents who petition the Agency for exemption from the prohibitions and restrictions on the manufacture, processing, and distribution in commerce of PCBs may include general manufacturing industries (NAICS 31 - 33) and Electric Equipment Manufacturing (NAICS 335).
Respondent Activities
Typical respondents include: manufacturers, processors, distributors of PCBs in commerce; owners of PCB-contaminated equipment and PCB Items; PCB waste generators, transporters, commercial storers, and disposers (i.e., PCB waste handlers); owners/operators of laboratories; and other users of PCBs. All respondents must read the rule and determine which provisions are applicable to their operations; plan and modify their procedures to come into compliance with the rule; provide training to appropriate staff; process, compile, and review information for accuracy and appropriateness; and record, disclose, and/or report the required information. Specific responsibilities for each type of respondent are as follows:
Manufacturers, Processors, Distributors in Commerce of PCBs: Individuals who are included in the manufacturing exclusions must gather and document data on raw materials and intermediates used in the manufacturing process; analyze the reactions and conditions at issue; survey the facility site and specific equipment to determine and document where and to what extent PCBs could be released into air, water, and end products. Individuals who seek exemptions from the manufacturing, processing, or distribution in commerce bans must document the amount of PCBs affected by the exemption request; describe the manufacturing/processing/distribution in commerce processes; comply with additional statutory requirements of TSCA section 6(e)(3)(B); quantify the economic consequences of an exemption denial; and provide specifics about servicing and use activities, develop certification statements, and complete other paperwork.
Owners of PCB Items and PCB-Contaminated Equipment: There are various requirements for owners of the many different types of PCB Items. Owners of newly discovered PCB Transformers must register their Transformers with EPA and building owners, providing information on the number of PCB Transformers, their locations, and his or her name, address, telephone number and signature, or that of the authorized representative, which certifies the accuracy of the submitted information. Owners of these PCB Transformers must record inspection and maintenance information and file and maintain the data and information in the annual log about any transfer of ownership of a PCB Transformer. Owners of reclassified transformers, voltage regulators, electromagnets, and switches must maintain records showing that they followed the required reclassification procedures. When testing is required, equipment owners must keep records of the pre-and post-reclassification PCB concentration measurements. They must also provide records of the reclassification procedure to EPA and recipients of the equipment, upon request.
Individuals who discover fire-related incidents that result from a rupture of a PCB Transformer or PCB Voltage Regulator must report the incident to the National Response Center. Owners of PCB Items distributed in commerce for reuse must retain records in the annual document log of any transfers of ownership. Owners of large capacitors located in protected locations who choose not to mark these units individually must maintain records for identifying the Capacitors.
Owners of PCB Articles stored for reuse must maintain records of the Articles. Some owners of PCB Items may want to obtain approval to store equipment for disposal beyond the current one-year limit, or to exceed the five-year limit for the storage of equipment for purposes of reuse. In those cases, they would be required to contact the appropriate EPA Regional Administrator and compile and submit the requisite information. Utilities and other owners of PCB-contaminated equipment must create or modify their Spill Prevention, Control, and Countermeasure Plan (SPCC) if temporarily storing PCB liquids. Owners of PCB Items (in addition to PCB Transformers) are also required to record and maintain records of inspection, maintenance activities, cleanup, disposal, and certain decontamination activities. When PCB Items are removed from service for disposal, the owners of the Items must place the date on the item.
When owners of PCB Items generate wastes that must be handled as a PCB remediation or bulk product waste, they will need to determine which of the available disposal options (i.e., self-implementing, performance-based, or risk-based options) should be used to address their disposal needs. These disposal options will require compliance with various reporting and recordkeeping requirements.
PCB Waste Handlers: PCB waste handlers must respond to the notification requirements by filling out a brief one-time form (EPA Form 7710-53) (see Appendix D) and filing and maintaining the information. Individuals who handle PCB-Contaminated liquid wastes must notify chemical waste landfill owners of the certain specified properties of the waste, and the landfill must obtain written approval from the EPA Regional Administrator before disposing of these wastes. Individuals disposing of PCB waste, such as in a high efficiency boiler, must notify the Regional Administrator about the activity.
Waste handlers attempting to secure disposal must maintain records of these attempts to be granted an automatic one-year extension to store wastes beyond the one-year deadline for disposal. If waste handlers change their waste-handling activities, they are also required to file an amended TSCA PCB notification form (EPA Form 7710-53, Appendix D), which provides information on the amended activity.
To handle PCB remediation wastes under the self-implementing option, site owners must notify the EPA Regional Administrator and other authorities about the remediation activities and submit a written certification to the Regional Administrator that site sampling and waste characterization plans are on file at a specified location. Generators of bulk PCB remediation waste must provide written notice to off-site waste handling facilities about the quantities that will be shipped to the facilities and the highest concentration of PCBs in the shipment. Property owners with remediation sites that require the use of a fence or a cap must submit to EPA a certification that the property deed has a notation to that effect. The recordkeeping activities for individuals using the self-implementing remediation provisions for disposing of PCB remediation waste include retaining written waivers received from EPA or other authorities for five years, maintaining records of sampling plans and characterization procedures, recording in the deed any sites that require the use of a fence or cap, and keeping records of cleanup activities for five years. PCB waste handlers are required to record and maintain records, such as calculations used and validation and sampling results, on certain decontamination activities.
Any person using the risk-based disposal option to dispose of PCB bulk product waste must apply in writing to EPA to do so. Persons handling PCB bulk product waste must maintain records of sampling and analysis for three years. Any person with a spill involving one pound or more of PCBs must report the spill to the National Response Center.
PCB waste generators must provide manifests and/or shipping papers that will accompany the waste shipment to the transporters and to the disposers. When a generator uses an independent transporter, he or she must confirm either by phone or some other convenient means that the receiving PCB storage and/or disposal facility actually received the wastes. Generators, storers, transporters, and disposers must sign and retain copies of the manifests when they handle a shipment of PCB waste. Generators must submit exception reports to EPA when they fail to receive confirmation from the disposer that a shipment of PCB waste has been properly disposed of.
Persons seeking coordinated approval for their waste-handling activities are required to submit requests for approval to the EPA Regional Administrator. These individuals are required to adhere to recordkeeping and reporting requirements, submit additional information as required by EPA, or submit an application for a TSCA PCB approval, and notify the Regional Administrator of any changes relating to the waste management documents that serve as the basis for the coordinated approval.
Owners and Operators of PCB Disposal Facilities: These respondents are expected to complete the EPA approval process: develop a description and a plan for a demonstration of the system; conduct demonstration and complete an analytical assessment of the results; and record/disclose information; submit a demonstration report; and develop standard operating procedures, a closure plan and financial assurance that cover the closure costs of the facility. Operators of approved chemical waste landfills, incinerators, or alternate PCB disposal technologies must also notify state and local officials prior to the first use of the technology, and if requested by a state or local government, provide annual notice of the quantities and types of PCBs disposed of during the year.
Owners/operators of incinerators must keep records regarding the PCBs fed into the incinerator and the operating conditions of the equipment. Owners of chemical waste landfills must collect and analyze samples of surface and ground water at EPA-approved locations. To dispose of residual PCB waste in a scrap metal recovery oven or smelter, the owner must obtain a permit or have the unit approved by the EPA Regional Administrator, and comply with applicable reporting requirements of Subparts J and K, such as recording operating temperatures. Persons burning PCB liquids in high efficiency boilers must retain records of the quantities burned, waste analysis results, and operational conditions of the boiler.
Owners and operators of PCB disposal facilities are required to submit annual reports to EPA. PCB waste disposers must submit unmanifested waste reports to EPA when they accept a shipment of PCB waste without an accompanying manifest. Disposers also must submit discrepancy reports when the PCB waste they receive for disposal does not match the description of the manifest that accompanies it. Owners/operators of disposal facilities must submit Certificates of Disposal to waste generators when a disposal is complete for each item on a manifested waste shipment. The disposers must maintain all of the above records. Owners/operators of PCB disposal facilities also are required to attempt to contact the generator when they receive a shipment of PCB waste that does not include a manifest.
Owners/Operators of Commercial Storage Facilities: These respondents must complete the EPA approval process; i.e., submit closure plans and financial assurances to EPA. They must notify the appropriate EPA Regional Administrator when it is necessary to exceed the one-year storage limitation, to modify the facility, or amend the financial assurance mechanism. For subsequent extensions to the storage limitations, the requestor must submit specific justification for the extension and indicate measures he is taking to secure disposal. Owners of commercial storage facilities must record and maintain records associated with PCB equipment inspections and cleanups. They must also submit a summary report to EPA of the type and quantity of PCB wastes that were managed at the facility during the preceding year. Commercial storers of PCB wastes must submit Exception Reports when they transfer the PCBs or PCB Items to the disposer within 9 months from the date of removal of the Item from service or when they have not received within 13 months from the date of removal from service for disposal a Certificate of Disposal confirming the disposal of the Item, as applicable.
Users of PCB waste storage containers can use containers other than those prescribed by ANSI for nuclear criticality safety if the user demonstrates that such containers are protective of human health and the environment. Managers of large bulk PCB storage containers shall have a record that includes for each batch of PCBs the quantity of the batch and the date the batch was added to the container.
If owners of storage facilities change their waste-handling activities, they would also be required to file an amended TSCA PCB notification form. EPA will approve changes in ownership of storage facilities if the transferee has established financial assurance for closure and the transferor has resolved any deficiencies, such as with operations, closure plans, and cost estimates.
Owners/operators of PCB commercial storage facilities are required to attempt to reconcile, with either the generator and/or transporter any significant discrepancy in the manifest. Owners/operators of PCB commercial storage facilities are required to attempt to contact the generator when they receive a shipment of PCB waste that doesn't include a manifest.
Laboratories: Persons conducting R&D on PCB disposal are required to obtain an EPA identification number and notify EPA and other authorities before conducting the R&D activities. R&D facilities must also manifest wastes, as applicable, and submit requests to EPA when exceeding the specified limits for the PCBs used. R&D facilities can also submit requests for extensions in the duration of the activity. Facilities can submit exemption petitions to qualify for the class exemptions to manufacture PCBs for disposal-related R&D activities or to process or distribute PCBs or PCB analytical reference samples derived from waste materials. Facilities seeking the exemption must maintain records of the activities for the annual log. Laboratories conducting self-implementing R&D for disposal activities must maintain annual records, as well.
R&D facilities seeking coordinated approvals may submit requests for approval to the EPA Regional Administrator. They are required to adhere to recordkeeping and reporting requirements, submit additional information as required by EPA or submit an application for a TSCA PCB approval, and notify the Regional Administrator of any changes relating to the waste management documents that serve as the basis for the coordinated approval.
Operators of laboratories who wish to exceed quantity limitations for the manufacture, processing, or distribution in commerce of PCBs will have to submit requests to EPA.
Other Individuals (e.g., Users of PCBs): Owners of PCB-Contaminated natural gas pipeline systems who sell or distribute natural gas, can use these systems if they keep records of sampling and analysis results and actions taken to reduce the PCB concentrations to below regulated levels and submit a description of the system to EPA, if requested. Documentation of data and actions must also be made available to EPA upon request. Owners of natural gas pipelines must also include the system in public service notification programs, which inform landowners that they should contact the utilities before beginning any excavation work on their property. Owners of other PCB-contaminated gas liquid systems must obtain the consent of the EPA to use the systems.
 Persons burning for energy recovery used oil or liquids containing PCBs <50 ppm from a natural gas pipeline system must keep records of each certification notice, and marketers of these liquids must retain records related to transactions that they claim do not contain detectable PCBs. Other users of PCBs may have to deal with remediation waste or PCB bulk waste disposal issues. In that event, they will need to determine which of the available options (i.e., self-implementing, performance-based, leachability or risk-based) could be used to address their disposal needs. These disposal options will require compliance with various reporting and recordkeeping requirements.
Burden Analysis
To update the respondent burden for this ICR, the hourly burdens and the total number of respondents for each requirement was reviewed by EPA using a number of data and information sources and consultations with regulated entities, prior to submission of the amended ICR to OMB for approval. The level of effort has been updated to reflect the current best estimates in this ICR.
The current ICR data is based on several sources. One data source used to support this ICR was. an Inventory and Cost Estimates for PCB-Containing Electrical Equipment Owned/Operated by U.S. Electrical Utilities, prepared by ENVIRON and submitted by the Utility Solid Waste Activities Group in rulemaking comments to EPA in 2010 (USWAG, 2010). This industry-commissioned document includes updated estimates of PCB electrical equipment, including transformers and capacitors, as well as projected rates of equipment retirement. Other data sources include EPA's PCB Annual Report, List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities, National List of Facilities that have Notified of PCB Activity, PCB Transformer Registration database and the U.S. Coast Guard's National Response Center. Prior to this update, EPA's PCB Regional Coordinators were also contacted to obtain information about the number of notifications, etc., that were submitted to the Agency over the existing ICR period (2019, 2020, and 2021). In EPA Headquarters, OLEM and OCSPP also reviewed relevant data on number of notifications, applications, etc.  Information was also obtained from the public comments on the draft ICR, summarized in section 3(b).
New hourly wage rates were included for managerial, professional and technical (e.g., engineers), and clerical staff. Wages for these categories were taken from the Bureau of Labor Statistics (BLS) Employer Costs for Employee Compensation (ECEC) supplementary tables data for private manufacturing industry workers (BLS, 2021. The cost of fringe benefits such as paid leave and insurance, specific to each labor category, are taken from the same ECEC series. An additional loading factor of 17 percent is applied to wages to account for overhead. This approach is used for consistency with Office of Pollution Prevention and Toxics economic analyses (Rice, 2002). This overhead loading factor is added to the benefits loading factor, and the total is then applied to the base wage to derive the fully loaded wage. Fully loaded costs for managerial, profession/technical, and clerical labor are calculated as shown in Table 1.
Burden summary. The total estimated time for respondents to comply with the reporting, third-party reporting, and recordkeeping requirements of this Consolidated ICR is 678,043 hours. The annual burden associated with respondents complying with the reporting requirements of this Consolidated ICR is estimated to average 120,536,816 hours industry-wide. The total third-party reporting burden is estimated to average 3,766 hours, industry-wide, and the total recordkeeping burden of this Consolidated ICR is estimated to average 553,741 hours, industry-wide. The average hourly estimates and total number of respondents for each reporting, third-party reporting, and recordkeeping burden are explained on Tables 2 to 4, respectively. Note that the burdens associated with requirement numbers 1, 2, 4, 6, 11, 19, 20, 26, 28-30, 32, 36, 38, 39, 42, 43, 47, 51, 53-55, 58, 59, 61, 64, 66, 72, and 73 will either have negligible impacts to the requirements or were costed with other requirements as indicated on the tables, and thus no estimates were included for these requirements. Also note that the burdens associated with requirements numbers 46,49,60,69,70 and 71 reflect PCB regulatory provisions that incorporates RCRA Universal Hazardous Waste Manifest provisions by reference or otherwise duplicate the RCRA provisions. Since PCB waste is transported using the Universal Hazardous Waste Manifest, the burden for this reporting requirement is already accounted for by EPA ICR number 0801.25 (approved under OMB Control No. 2050-0039 through January 31, 2025), which accounts for all manifest usage, without distinguishing whether a manifest is used for RCRA waste, PCB waste or combination shipments. Therefore, to prevent double counting of manifesting burden hours for PCB waste shipments, the burden for these line items is being reported as 0 in this ICR.

Table 1: Manufacturing and Legal Services Industry Wage Rates (2020$)
                                Labor Category
                                 Data Series a
                                     Date
                                     Wage
                                Fringe Benefit
                              Total Compensation
                     Overhead % of Total Compensation [b]
                                   Overhead
                             Hourly Loaded Wages c

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

To simplify the presentation of the numerous hourly burden and cost estimates, the data are arrayed according to reporting, third-party reporting, and recordkeeping requirements for each section of the regulation, consistent with the presentation of the information in the tables, rather than to rearrange and present the data by respondent type. EPA anticipates that no one individual would be subject to all of the requirements 40 CFR Part 761. Refer to section 4 for a complete description of the activities listed on Tables 2 to 4.
Tables 5, 6, and 7 show the annual respondent hourly burden and cost estimates for the reporting, third-party reporting, and recordkeeping requirements of the Consolidated ICR. Refer to section 6(a), above, for an explanation of the wage rates used, which are as follows:
 Managers -- $94.54
 Professional/technical -- $80.50
 Clerical -- $36.58

There is one capital cost associated with this ICR. For Item # 68, there is an estimated $50 per site cost to place a sign at a PCB contamination cleanup site. For 136 sites, the total estimated annual capital cost would be $6,800 (not annualized). There are no new training costs anticipated to the affected industries or the Federal government associated with responding to the information collections that are subject to renewal, nor have there been any Federal costs associated with printing or mailing. Costs associated with reading the rules, providing training, and updating procedures to comply with the reporting and recordkeeping requirements are not included in this renewal as no new regulations have been promulgated that involve paperwork burdens. One-time requirements remain annualized for a three-year period, as indicated on Tables 5 to 7. Because operations and maintenance costs for these information collections (i.e., costs associated with telephone calls, photocopying, and other general office overhead expenses) have been estimated to be relatively low and within the range of the estimation error, there are no added costs for these activities. Also note that variations in some of the totals on the tables are caused by rounding

              TABLE 2: REPORTING BURDENS UNDER TSCA SECTION 6(e)
Ref. #
Regulatory Section(s)
Collection Requirement
Time Estimate
Total #
Respondents
Per Year
Comments

                                  40 CFR 761

                              Subpart A -- General
1
§761.1(f)(1), (2), and (3)
Submit new reports or modifications to existing reports to qualify for manufacturing/ import exclusions, pursuant to compliance with the reporting requirements of Subpart J.
 --
 --
Burdens are reported under §§761.185 and §761.187. See numbers 42 and 43.

                                Subpart B -- Use
2

§§761.20(b) and
 (c)(1) and (3)

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

Burdens are reported under §§761.80(e) and (i). See number 34.
3
§761.30(a)(1)(vi)
(A)(1), (xv)(D)
Register PCB Transformers, as appropriate, within 30 days of discovery.
1 hour
1 PCB Transformers
Only requirements for new disclosures are now applicable. The revised number of disclosures is based on an average of the number of PCB Transformers registered in the existing ICR timeframe (2019, 2020 and 2021).
4
§§761.30(a)(2) (v)(C) and .30(h)(2)(v)(C)
Obtain EPA approval to use alternate method to reclassify PCB equipment.
20 hours
0 requests

The number of respondents remains unchanged, based on requests received by the Agency in the existing ICR timeframe.
5
§761.30(i)(1)(iii)
(A)(1) and (C)
Submit a description of a natural gas pipeline system that contains >50 ppm PCBs, and/or make available documentation of data and actions to comply with use authorization if requested by EPA.
4 hours
0 systems
No requests were made in the 2019 -2021 existing ICR timeframe and none are anticipated in this ICR period.
6
§761.30(t)(3)
Obtain approval for the use of PCBs in other gas or liquid systems.
20 hours
0
No respondents anticipated based on no requests in the 2019-2021 timeframe, as well as in previous years
7
§761.35(b)
Obtain approval for PCB Articles stored for reuse for >5 years in a facility that does not comply with §761.65(b).
0.166 hour (10 minutes per piece of equipment)
0
 No new requests were made in the 2019-2021 timeframe and none are expected in this ICR period.

                       Subpart D -- Storage and Disposal
8
§§761.60(e) and (i)(2); .70(a), (b), and (d); .75(b) (7), (b)(8)(ii), and (c)
Submit permit application and, when applicable, a demo plan for obtaining approval to operate a PCB disposal facility (i.e., alternative method of disposal, incinerator, chemical waste landfill). Submit requests for approval of R&D for PCB disposal for persons not following self-implementing requirements.
15 applications per year, as follows: 5 new applications for incinerator and non-thermal facilities (1240 hrs to prepare); 3 applications for landfill renewals or modifications (700 hrs to prepare); and 7 applications for non-landfill renewals or modifications (460 hrs to prepare); Number of applicants is based on the average number of applications submitted to the Regions and EPA Headquarters during FY2019-FY2021). Updated numbers reflect baseline adjustments and new application groupings, per 2020 amendment to ICR(Non-Substantive Change; EPA ICR No. 1443.13) (Attachment).

Revised weighted average burden decreased to about 768 hours per submission, based on lower numbers for new applications and modifications, as well as a reduced effort due to a new guidance for permit applicants which clarifies and streamlines the application process. [(1,240 x 5) + (700 x 3) + (460 x 7)]/15 (Attachment G.).
9
§761.60(j)(1)(i)
Notify EPA to obtain an identification number for conducting R&D on PCB disposal activities.
1.5 hours
5 facilities
The estimated total number of respondents remains the same, based on the number of notifications the Agency has received over the existing ICR timeframe.
10
§761.60(j)(1)(ii)
Notify EPA (as well as state, and local) officials prior to conducting R&D on PCB disposal activities.
6 hours
10 facilities
Burden reported here for both EPA and third-party notification at Table 3. Estimated total number of respondents remained the same, based on the number of notifications the Agency has received over the existing ICR timeframe.
11
§761.60(j)(2)
Submit permit application and, when applicable, a demo plan for obtaining approval to operate a PCB disposal facility (i.e., alternative method of disposal, incinerator, chemical waste landfill). Submit requests for approval of R&D for PCB disposal for persons not following self-implementing requirements, as per paragraph (j) of this section.
2000 hours
0
No respondents anticipated. Time estimate revised to more accurately reflect application preparation time.
12
§§761.61(a)(3)(i) and (ii).
Notify EPA (as well as state, tribal, and local) officials of self-implementing remediation activity, including a summary of the procedures used to sample contaminated areas and sample collection and analysis data; submit additional information as requested; and certify that records of remediation activity are on file at the location designated in the certificate.
100 hours
47 sites
Number of respondents decreased, based on the average number of notifications received by the Agency in FY2019-FY2021. Burden is reported here for this requirement and is listed on Table 3.
13
§761.61(a)(3)(ii)
Notify EPA of changes to notification of self-implementing activities.
2 hours
6 sites
Number of respondents decreased based on the average number of notifications the Agency has received over the existing ICR timeframe. The hourly estimate is based on the time estimate to prepare other notifications for the self-implementing remediation requirements.
14
§761.61(a)(3)(iii)
Request a waiver of the notification requirement for conducting cleanup of PCB remediation waste.
20 hours
17 sites
Number of respondents stayed the same based on number of notifications the Agency received over the existing ICR timeframe.
15
§761.61(a)(8)(i)
(B)
Submit certification of recording the deed notation required under paragraph (a)(8)(i)(A) of this section has been recorded.
4 hours
28 sites
Number of sites stayed the same based on the number of notices the Agency has received in the existing ICR timeframe.
16
§761.61(c)(1)
Apply for risk-based disposal of PCB remediation wastes. Submit additional information as requested.
800 hours
70
Number of respondents decreased based on the average number of applications the Agency received in FY2019-FY2021. The average time estimate stayed the same, as many applicants take advantage of a 61(a)/61(c) hybrid approval that only requires a risk-based determination for the non-self-implementing components of the cleanup.
17
§761.62(c)(1)
Obtain approval for risk-based disposal or storage of PCB bulk product waste. Provide additional information.
800 hours
5
Number of respondents stayed the same based on the average number of applications the Agency received in FY2019-FY2021. The average time estimate stayed the same, as many applicants take advantage of a 62(a)/62(c) hybrid approval that only requires a risk-based determination for the non-self-implementing components of the disposal plan.
18
 §761.65(a)(2)
Notify of continuing attempts to secure disposal and to request a one-year storage extension.
3 hours
5 waste storers
Combined for numbers 18, 19, and 20. Estimated total notifications stayed the same, based on average number of notifications the Agency has received over the existing ICR timeframe.
19
§761.65(a)(3)
Submit request for additional extensions beyond the initial one-year extension, including justification and information on measures taken to secure disposal.
 --
 --
See #18, above.
20
§761.65(a)(4)
Submit request for modifications to TSCA approval to allow for extended storage period.
 --
 --
See # 18, above.
21
§761.65(c)(6)(i)
(C)
Demonstrate that other containers for storage of PCB/radioactive wastes are protective of health and the environment.
40 hours
5
Number of demonstrations remained the same, based on the number conducted over the existing ICR timeframe.
22
§761.65(d); (e)(1), (6), and (8); and (f)
Prepare application for commercial storage approval, including qualifications of key employees, closure plan, and closure cost estimate. Commercial storer must also notify EPA of facility modification, closure schedule, and completion of closure activities.
137 hours
1 new; 1 modification; 6 renewal applications

Number of new applications and renewals decreased based on the average number the Agency received in FY2019-FY2021. The weighted average burden decreased to 137 hours [(392 hrs x 1 new) + (100 x 1 modification) + (100 hrs x 6 renewal)]/8. Time to prepare notification of modification was estimated to be about one-fourth the time to prepare initial application. (Also see # 25.)
23
§761.65(e)(4)
Submit a written request to the EPA Regional Administrator to modify a storage approval to amend the closure plan, when there are changes in ownership, changes in expected dates of closure, and/or unexpected events.
2 hours
10 requests
Number of requests stayed the same based on the number the Agency has received over the existing ICR timeframe.
24
§761.65(g)(9)
Notify issuing authority of modifications to commercial storage facilities.
2 hours
7 storage facilities
Number of notifications stayed the same based on the number the Agency has received in the existing ICR timeframe.
25
§§761.65(j)
Demonstrate that a new owner of a commercial storage facility has established financial assurance for closure. Submit new or amended commercial storage application as a result of change in ownership.
120 hours
1 application
Total number of respondents is consistent with the total number of applications for commercial storage approval, as per # 22, above. Number of notifications decreased based on the average number of applications the Agency received in FY2019-FY2021.
26
§§761.70(a)(8),
(9); and (d)(5)
Obtain approval of alternate measures when regulatory requirements cannot be met for operating a PCB incinerator.
1,146 hours
0
No respondents anticipated. It was assumed that if a facility does not meet the performance criteria, it will not accept PCB waste.
27
§§761.70(d)(8);
761.75(c)(7)
Notify EPA of change in ownership of disposal facility (i.e., for incinerators and landfills).
8 hours
5 facilities
Note that the hourly estimate includes only a cursory review of the existing permits by the new owner, not a thorough review. Number of notifications remained the same, based on the number of notifications the Agency has received over the existing ICR timeframe.
28
§§761.71(a)(2)
and (b)(2)
Notify EPA prior to initial use of a high efficiency boiler to burn mineral oil dielectric fluid. Seek approval to burn liquids, other than mineral oil dielectric fluid in a HEB.
1.5 hours to notify EPA of HEB information; 40 hours to prepare approval request letter to the RA
0
respondents

The number of notifications and approvals remained the same, based on the number EPA has received over the existing ICR timeframe. Also see # 44.
29
§761.72(c)(2)
Notify EPA as a scrap metal recovery oven or smelter used to dispose of PCBs and comply with the reporting requirements of Subparts J and K.
1.5 hours
0

No requests anticipated. Also see # 44.
30
§761.72(c)(3)
Request approval to dispose of PCBs in an oven or smelter based on site-specific risk assessments, in lieu of meeting requirements listed in §761.72.
1,600 hours
1
Number of notifications increased based on average number of applications the Agency received in FY2019-FY2021.

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

32
§761.77(a)(3)
Notify EPA of changes in waste management requirements in the non-TSCA waste management document used to obtain TSCA PCB coordinated approvals.
8 hours
0 waste disposers
No notifications were submitted over the existing ICR timeframe.
33
§761.79(h)

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

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

 --
0 requests for approval
See # 34, above.
37
§761.80(e)(4)
Notify EPA before beginning R&D activities that include the manufacture of PCBs.
20 hours
1 notification
Number of respondents is based on recent Agency submissions.
38
§761.80(n)
Submit a petition for certain exemptions to address increases in the amount of PCBs to be processed and distributed, imported (manufactured), or exported, or changes in the manner of processing and distributing, importing (manufacturing), or exporting PCBs. (See #35 for renewals.)
40 hours
0 requests
There have been no such requests in the existing ICR timeframe. Total captured in Item # 34.

           Subpart F -- Transboundary Shipments of PCBs for Disposal
39
§§761.93(a) and .97(a)
Submit an exemption petition to import or export PCBs or PCB Items for disposal.

___

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

                     Subpart G -- PCB Spill Cleanup Policy
40
§§761.125(a)(1)
(i) to (iii)
Report certain spills of PCBs to the EPA.
0.167 hours (10 minutes)
50 calls
Number of calls remained the same, based on the amount the Agency received in the existing ICR timeframe. Requirement also on Table 3.

                    Subpart J -- General Records and Reports
41
§§761.180(b), (b)(3), and (c)(5)
Submit annual reports for the operation of PCB incinerators, chemical waste landfills, high efficiency boilers, and commercial storage facilities, including facilities that dispose of the PCB wastes they generate. Report suspension of operations.
59 hours
115 facilities
The estimate for number of facilities was generated by using the total number of EPA-approved storage and disposal facilities (100), and increasing this number by 15 percent to reflect the additional facilities that also dispose of the waste that they generate (U.S. EPA, 2021a).
41a
§761.180(g)
Provide records of PCB equipment reclassification, if requested, by EPA.

0.25 hours
0 Transformers
No records were requested by EPA in the existing ICR period (2016-2018) and no requests are anticipated in the new ICR period. The hourly estimate assumes it takes 15 minutes for equipment owners to provide requested records (ERG, 2000).
42
§761.185
Notify EPA and certify low level PCB product contamination to be exempt from the requirements of Subpart B, regarding processes inadvertently generating PCBs and imports of products containing inadvertently generated PCBs. Certification must be repeated if the previous certification is no longer valid.
20 hours
0 companies
Number of submissions unchanged based on the numbers received in the existing ICR timeframe.
43
§761.187
Notify EPA when PCB releases exceed limits, to be exempt from the requirements of Subpart B, for products, manufactured or imported containing inadvertently generated PCBs.
20 hours
0 company
Number of notifications remained the same, based on the number received by the Agency in the existing ICR period. Hourly estimate is based on time to review the monitoring log and compile information into the notification.

              Subpart K -- PCB Waste Disposal Records and Reports
44
§§761.202(a); 205(a) to (c)
Notify EPA of waste handling activities, for generators, commercial storers, transporters, or disposers of PCB waste.
1.5 hours
133 waste handlers
Roughly 9,250 notices have been received; in recent years (2019-2021) approximately 133 per year, relatively few "new" submissions are anticipated. Also see numbers 9, 28, and 29, above. (U.S. EPA, 2021b)
45
§761.205(f)
Report changes in notifications previously submitted by PCB waste handlers.
1.5 hours
200 waste handlers
 --
46
§§761.217(a) and (b) and §761.219(a),(b), and (c)
Submit Exception Reports to EPA when PCB waste generators, disposers, and/or commercial storers do not receive confirmation that a shipment of a PCB waste has been properly disposed of. Also, Submit a One-year Exception Report when the disposer of PCB waste could not dispose of the affected PCBs or PCB Items within 1 year of the date of removal from service for disposal; or the generator or commercial storer either has not received within 13 months from the date of removal from service for disposal a Certificate of Disposal confirming the disposal of the affected PCBs or PCB Items, or the generator or commercial storer receives a Certificate of Disposal confirming disposal of the affected PCBs or PCB Items on a date more than 1 year after the date of removal from service
Submit Exception Report to EPA for rejected shipments of PCB waste that are forwarded to an alternate facility by a designated facility using a new manifest.
2 hours
0 reports
 This provision incorporates RCRA Universal Hazardous Waste Manifest provisions by reference. Since PCB waste is transported using the Universal Hazardous Waste Manifest, the burden for this reporting requirement is already accounted for by the recently revised EPA ICR No. 0801.25, approved under OMB Control No. 2050-0039 through January 31, 2025. (ICR 0801.25 counts all manifests used, without distinguishing whether they are used for RCRA waste, PCB waste or combination shipments. To prevent double counting of burden hours, the burden is being reported as 0 in this PCB ICR. For more information, please see the Supporting Statement for ICR 0801.25, specifically: Exception reports are counted on p. 57 (Section b(7)). Discrepancy reports are counted on p. 62 (Section d(5)). Unmanifested Waste Reports are counted on p. 62 (Section d(8)).
47
§761.215(c)
Submit Discrepancy Reports along with a copy of the manifest to EPA when the PCB waste received by a disposer is significantly different from the description on the manifest, and the discrepancy is not resolved after receiving the waste.
 --
 --
See # 46, above.
48

No Longer Required

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

Subpart T -- Comparison Study for Validating a New Performance-Based Decontamination Solvent under §761.79(d)(4)
50
§§761.395 and 761.398
Submit results of analysis and validation study to the Director, Office of Resource Conservation and Recovery (ORCR).
16 hours
5 studies
Estimate for the total number of respondents is 5 percent of the estimated 100 decontamination sites. Also refer to # 93, Table 4.

        TABLE 3: THIRD-PARTY REPORTING BURDENS UNDER TSCA SECTION 6(e)
Ref. #
Regulatory Section(s)
Collection Requirement
Time Estimate
Total #
Respondents
Per Year
Comments

                                  40 CFR 761

	Subpart B -- Use
51
§§761.20(e)(3)(ii); .30(i)(5)(ii); and .60(b)(5)(iv)(B)
Burner of used oil must provide a 1-time certification to the marketer that he is in compliance with notification requirement at §761.71(a)(2).
1 hour
0
No respondents anticipated.
52
§§761.30(a)(1)(xi) and (xv)(A); .30 (h)(1)(ii)(B)
Report PCB Transformers and Voltage Regulator fire incidents to the National Response Center.
0.167 hour (10 minutes)
14 calls
National Response Center data for FY2019-FY2021 indicate the Center received a total of 144 PCB-related calls (See #67). An overview of these data indicates that a number of calls were to report transformer fire incidents. It will be assumed for this ICR that 10 percent of all calls (14 calls) are to report fire-related incidents.
53
§761.30(a)(1)
(xiv)
Notify owner of PCB Transformer that equipment may pose risk of exposure to food or feed.
 --
 --
No burden. All notifications were to have been made, and use prohibited, by October 1, 1985.
54
§761.30(a)(1)(xv)(D)
Register PCB Transformers with the building owner within 30 days of discovery
 --
 --
Burden reported on Table 1.

                       Subpart D -- Storage and Disposal
55
§761.60(a)(3)(ii)
Provide information to chemical waste landfills that liquids do not exceed 500 ppm and are not ignitable.
20 hours
 --
No respondents anticipated.
56
§761.60(b)(5)(i)
(A)(1)
Include abandoned natural gas pipes that contain PCBs in public service notification programs.
0.25 hour (15 minutes)
50 pipes
Number unchanged. Industry estimate (Lacey, 2003).
57
§761.60(f)(1)(i)
Provide state and local officials with notification prior to first use of an approved chemical waste landfill, incinerator, or alternate PCB disposal technology.
0.50 hour (30 minutes).
600 notifications

Since cleanup activities remain the same, the estimates for the use of mobile equipment at 300 unique sites remains the same, and will be used as follows: 200 substations per year will use mobile equipment to clean PCB transformers; about 50 remediation sites will use solvent extraction units; 5 sites will use mobile incinerators, vitrification units, or physical separation units, and 45 sites will use other existing or newly permitted equipment.
58
§761.60(f)(1)(ii)
Provide annual notice of the quantities and description of the PCBs disposed of to state or local governments, at their request.
0.5 hour
 --
Since the annual reporting requirement to state/local governments would be initiated at the state or local government level, EPA has no way of estimating this total burden.
59
§761.60(j)(1)(ii)
Notify state and local officials (as well as EPA) of PCB R&D disposal activities.
 --
 --
Total burden for EPA and third-party reporting requirements are reported in item 10 on Table 2.
60
§761.60(j)(1)(vii)
Use manifests, pursuant to Subpart K, for all R&D PCB wastes being transported from the R&D facility to an approved PCB storage or disposal facility.
1 hour
0 facilities
See #46, above. PCB R&D waste is counted in the total hazardous waste manifest burden in EPA ICR No. 0801.25. [Note: 71 R&D facilities listed on the National List of Facilities that have Notified of PCB Activities (U.S. EPA, 2021b)].
61
§§761.61(a)(3)(i)
Notify state and local officials (as well as EPA) of self-implementing remediation activity.
 --
 --
Total burden for EPA and third-party reporting requirements is reported in item 12 on Table 2.
62
§761.61(a)(5)(i)
(B)(2)(iv)
Notify offsite non-TSCA facility of pending shipment of remediation waste.
2 hours
100 waste shippers
Combined for remediation and bulk product wastes (numbers 62 and 64).
63
§761.61(a)(8)(i)
(A)
Attach a notation to the deed for property at which remediation projects require a permanent fence or cap.
3 hours
100 sites
 --
64
§§761.62(b)(4)(i) and (ii) (See also
§§761.357 and
 359)
Provide notification to a receiving facility that does not have a commercial PCB storage or disposal approval before the first shipment of a PCB bulk product waste stream. In addition, for certain waste this notice must be provided with each shipment thereafter.
 --
 --
See # 62, above.

65
§§761.65(c)(1)
and (8)
Attach a notation to a PCB item or PCB container containing the item indicating the date the item was removed from service for disposal, to be able to temporarily store the item/container in an area that does not comply with the storage requirements of paragraph (b) of this section.
0.083 hours
(5 minutes)
67,672
items,
containers,
and article
containers
Based on the PCB Annual Report, the average annual total number of capacitors, article containers, transformers, and PCB containers disposed of from 1996 to 2020 is 67,672 (U.S. EPA, 2020).
The time estimate for these requirements considers that all items must be dated when removed from service for disposal, whether or not the item will be placed in temporary storage or not.
66
§761.65(i)(3)
Send information regarding the sample collector, the lab, date of shipment, quantity, and description of sample, when sending PCB samples to a laboratory for testing.
4 hours
 --
Since EPA has no way of estimating the number of samples that would be sent off-site annually for testing, or the frequency with which the samples are sent to an off-site lab, EPA cannot estimate the total annual burden associated with this requirement.

                     Subpart G -- PCB Spill Cleanup Policy
67
§761.125(a)(1)
Report certain spills of PCBs to the National Response Center.
0.167 hours (10 minutes)
144 incidences
New average based on the number of PCB-related incidences reported to the National Response Center for 2019-2021 (U.S. Coast Guard, 2019, 2020, 2021).
68
§761.125(c)
(2)(ii)
Place label or notice at PCB contamination cleanup sites at outdoor electrical substations that involved 1 lb or more PCBs by weight (270 gallons or more of untested mineral oil).
1 hour
136 sites
Revised estimate assumes that the > 1-lb spills at electrical substations are a large subset but not all of all the spills that must be reported to the National Response Center; 95 percent of the average annual 144 spills reported for 2019-2021 (U.S. Coast Guard, 2019, 2020, 2021).

The capital costs for placing the sign are assumed to be $50 per site (e.g., for posts, labels, etc.), for a total of $6,824.
                    Subpart J -- General Records and Reports
68a
§761.180(g)
Provide records of PCB equipment reclassification, if requested, by recipients of equipment.
0.5 hours
13 units
EPA estimates 25 transformers will be reclassified annually during this ICR period (See #75). Of this amount, 50 percent will be retained by owners, and 50 percent (13) will be transferred to other entities (e.g., sold, loaned, leased, sent for servicing).

Estimate assumes it takes 5 minutes for a manager to approve and delegate each request for records and 25 minutes for a clerk to copy and send a paper or electronic version of each complete record (ERG, 2000).

              Subpart K -- PCB Waste Disposal Records and Reports
69
§§761. 210(b), (c), and (d)(1) and (2)
Prepare manifests and provide generator-initiated manifests of PCB waste to each transporter or designated commercial storage or disposal facility.
0.083 (5 minutes) average
0 items
See #46, above. PCB Manifests are counted in the total hazardous waste manifest burden in EPA ICR No. 0801.25.
70
§§761. 213(a)(2)(v) and (b)(4)
Storer or disposer sends a copy of the manifest or shipping paper to the generator.
0.167 hours (10 minutes)
0 reports
See #46, above. PCB Manifests are counted in the total hazardous waste manifest burden in EPA ICR No. 0801.25.
71
§§761.218(a) and (b)
Send certificates of disposal to generators of PCB waste when disposal of each item is complete for a manifested PCB waste shipment.
0.25 hour (15 minutes) average

3,384 certificates
Based on the PCB Annual Report, the average annual total number of capacitors, Article containers, transformers, and PCB containers disposed of from 1996 to 2020 is 67,672 (U.S. EPA, 2020). Assuming that information regarding 20 items is included on one certificate of disposal, then there are a total of 2,695 certificates. Also refer to # 102.

            TABLE 4: RECORDKEEPING BURDENS UNDER TSCA SECTION 6(e)
Ref. #
Regulatory Section(s)
Collection Requirement
Time Estimate
Total #
Respondents
Per Year
Comments
                                  40 CFR 761
Subpart A -- General
72
§§761.1(f)
Comply with recordkeeping requirements of Subpart J [§§761.185(c)(2) and (d), and .193] as a condition of the exclusion from the PCB bans, for persons who inadvertently manufacture or import PCBs generated as unintentional impurities in excluded manufacturing processes or generate PCBs in excluded manufacturing process or products with recycled PCBs.
 --
 --
Burden is reported at §§761.185(c)(2) and (d), and 761.193(a). See # 100.

Subpart B -- Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items
73
§§761.20(e)(4)(i) and (ii); .30(i)(5) (ii); and .60(b)(5) (iv)(B)
Marketer who first claims used oil does not contain detectable PCBs must retain records supporting the claim and a copy of each certification notice received or prepared relating to transactions involving PCB-containing used oil. Burners must include among the records a copy of each certification notice that has been provided to a marketer of PCB-containing used oil.
0.25 hours (15 minutes)
 --
No significant burden anticipated.
74a,b
§§761.30(a)(1) (xii) and (xiv)
Maintain records of inspection and maintenance history for at least three years after the disposal of a PCB transformer, including records of registration, as per §761.30(a)(1)(vi)(C).
0.05 hour (3 minutes) to track inspection data; 0.033 (2 minutes) to file and maintain data
2,215 PCB
Transformers.

5 percent are inspected
quarterly

2,215 PCB Transformers are registered on EPA's most current inventory. EPA assumes not more than 5% are inspected quarterly (only Askarel units without secondary containment). The majority are inspected annually.
Time estimate remains the same and reflects the average time for a technician to track the data (3 minutes) and for a clerk to file and maintain the data (2 minutes). This report does not account for actual inspection time. The calculations for this estimate account for the differences in burden between annual and quarterly inspections. It is assumed that the time to maintain records for the disposed transformers is insignificant.

75
§§761.30(a)(2)(v)(C) and (D); 761.30(h)(2)(vi)
(C) and (D); and 761.180(a)

Maintain records at the facility where electrical transformers, voltage regulators, electromagnets, and switches have been reclassified to a lower PCB concentration.
0.25 (15 minutes)
25 transformers
The number of respondents is based on the application of the past estimate of a 1.15% annual reclassification rate to the most current inventory of 2,215 identified (registered) PCB Transformers.
It is assumed that the burden associated with reclassified equipment other than transformers will be insignificant. It was also assumed that it will take 15 minutes to maintain the records on pre-and post-reclassification concentration of the transformer (EPA, 2000).
76
§§761.30(i)(1)
(iii)(B) and (C)
Keep records on certain natural gas pipeline systems with >=50 ppm PCBs and records of actions taken to reduce PCB contamination for three years after PCBs reduced to <50 ppm.
4 hours
100 systems
It is not anticipated that new records will need to be developed; historical data can be used.
77
§761.35(a)(2)
Keep records of equipment stored for reuse.
0.15 hour
,2700 pieces of equipment
In 2010, USWAG estimated that the 2009-2010 inventory of all equipment >50 ppm was 1,141,241 items, and that this inventory would decrease by approximately 111,000 items annually. Using this estimate, EPA assumes that 27,000 items remain after 11 years, in 2020-21, and, as in previous ICRs, that 10% of the inventory is in storage for reuse (2,700 items).

                   Subpart C -- Marking of PCBs and PCB Items
78
§761.40(c)(2)(ii) and (k)
Keep records of the protected location of PCB large capacitors where owner chooses not to mark individually (optional).
0.1 hour (6 minutes)
200 pieces of equipment
Based on analysis contained in USWAG 2010 comments on the PCBs Reassessment of Use Authorization ANPRM (USWAG, 2010). Study reported inventory of large PCB capacitors reduced 95% in 2010 and estimated almost all would be retired by 2013. In comments on this new ICR, USWAG affirmed the trend but noted "some" PCB Large Capacitors remain in use. In 2018, 97 Large Capacitors were disposed of (US EPA 2018). For this ICR, EPA estimates 2,000 PCB Large Capacitors remain in use, of which 10% (200) are not marked individually and require records.

                       Subpart D -- Storage and Disposal
79
§761.60(j)(1)(ix)
Keep records of R&D for disposal activities.
12 hours
71 facilities
Number of facilities based on data contained in the National Report of Facilities that have Notified of PCB Activity (U.S. EPA, 2021b).
80
§§761.61(a)(3)(i)
(E); and (a)(6)

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

81
§761.61(a)(3)(iii)
Retain original waivers from the self-implementing remediation requirements received from the EPA Regional Administrator, state, and local agencies.
0.167 hour (10 minutes)
100 sites
This estimate remained the same.
82
§761.61(a)(9)
Keep records in accordance with §761.125 (c)(5) for (a)(3), (a)(4), and (a)(5) of this part.
20 hours
100 sites
This estimate remained the same.
83
§761.62(b)(5)
Maintain a written record of all sampling and analysis of PCBs or notifications made under this part and make available upon request.
4 hours
26 sites
Estimate is 15 percent of 170 total number of affected sites.
84
§§761.65(a)(2)(ii) and (a)(3)
Keep a written record of attempts to secure disposal capacity. Records may be required for periods of extended storage.
4 hours
76 waste storers
Number of waste storers is 1 percent of the total number of waste generators and storers (7,610) listed in the National List of Facilities that have Notified of PCB Activity (U.S. EPA, 2021b).
85a,b

§761.65(c)(1)(iv)
Prepare/modify Spill Prevention, Control and Countermeasure (SPCC) Plans to address liquid PCBs >500 ppm, to be able to temporarily store PCB Containers containing liquid PCBs at >=50 ppm in areas that do not comply with the storage requirements of §761.65.
60 hours/new plan; 2 hours/ adapted plan
5 new
respondents; 10 adapt existing plans
It is estimated that only 5 waste generation facilities will be required to prepare plans from scratch and 10 facilities will adapt existing plans.
86
§761.65(c)(7)(ii)
Prepare SPCC Plan, when using stationary storage containers, as per 29 CFR 1910.106, for liquid PCBs.
60 hours
5 facilities
It is not foreseen that many facilities will enter into the PCB storage business each year.
87
§761.65(c)(8)
Keep records of the quantity and the date of each batch added to the stationary storage container.
0.083 hours (5 minutes)
30,000
batches
Number of batches remained the same.
88
§§761.65(c)(10) and 761.180
Establish and maintain records as per §761.180 for storing for disposal PCBs and PCB Items >=50 ppm.
843 hours

53 commercial
storers
The total number of storers was obtained from EPA's List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities (U.S. EPA, 2021a). Note: See #99 for generator burden, including generators with storage units.
89
§§761.70(a)(3), (4) and (7); (c); and 761.180(c)
Maintain for incinerators records of quantities, feed rates, temperatures, combustion products, and operations, and special records, as per §761.180(c).
843 hours
4 incinerators
From the EPA's list of List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities (U.S. EPA, 2021a).
90
§§761.71(a)(1)(vi) and (vii), (a)(4), (b)(1)(vi-vii), (b)(5);761.180(e)
Record and retain monthly HEB operation data.
12 hours
20 HEBs
Note that 5 of these HEBs (from EPA Region VI) are used intermittently, so that total hourly burden may actually be less than indicated in this report. Also, total number of HEBs is based on EPA estimate of 2 per region.
91
§§761.72(a)(9) and (b)(6)
Record and retain records of temperature readings from scrap metal recovery ovens.
3 hours
6 ovens
From EPA's List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities (U.S. EPA, 2021a).
92
§§761.75(b)(6)(iii) and (b)(8)(iv); 761.180(d)
Maintain records for all PCB disposal operations at chemical waste landfills, including PCB concentration in liquid wastes, the three-dimensional burial coordinates for PCBs and PCB items, water sampling and analysis, and additional records as required in §761.180.
843 hours
12 landfills
From EPA's List of Approved Polychlorinated Biphenyl (PCB) Commercial Storage and Disposal Facilities (U.S. EPA, 2021a).

93
§761.79(d)(4) and Subpart T
Retain test/validation results of PODFs and VADFs.
0.5 hour
5 facilities
Estimate is 5 percent of the estimated 100 decontamination sites.
94
§§761.79(f)(1) and (2)
Keep records of confirmatory sampling and sampling locations/results for decontamination activities and compliance with self-implementing decontamination procedures.
2 hours
100 sites
No change.

                            Subpart E -- Exemptions
95
§761.80(e)(5) and (i)(7)
Keep records of activities associated with manufacture/processing/distribution in commerce of PCBs or PCB reference samples derived from waste materials for R&D.
12 hours
71 facilities
Number of facilities based on the National List of Facilities that have Notified of PCB Activities (U.S. EPA, 2021b).
96
§761.80(g)(1)
Keep records of PCB processing and distribution in commerce activities, for facilities that process and distribute small quantities of PCBs for R&D.
12 hours
15 facilities
Total number of facilities remained unchanged based on an Agency review of existing petitions.

                     Subpart G -- PCB Spill Cleanup Policy
97
§§761.125(b)(3) and (c)(5); .61(a)(9)
Maintain records of cleanup and certification of decontamination.
8 hours
144 sets of records
Based on the annual number of spills reported to the National Response Center in 2019-2021 (U.S. Coast Guard, 2019, 2020, 2021).
98
§761.125(c)(1)
Maintain records documenting delay in spill cleanup activities and areas of visible contamination.
0.5 hours
7 sites
It is anticipated that 5 percent of the total number of spills, as reported above, would face delays in cleanup.

                    Subpart J -- General Records and Reports
99
§§761.180(a),(a) (4), (b) and (f); 761.65(c)(5)
Maintain annual records and document log for PCBs and PCB items for 5 years after facility ceases, including manifests, CDs, records of inspections and cleanups, facility and item ID information, number of Items, phone records, and Item transfer information, for owners/operators of storage and disposal facilities. Collect and maintain documents, correspondence, and data pertaining to storage/disposal of PCBs that have been provided to as well as received from any state/local agency and any application/ correspondence submitted to permitting authorities.
52 hours
9,369 waste
handlers
The time to keep the annual log varies widely, based on the level of PCB activity taking place and the volume of PCBs and PCB items handled. To keep the annual log takes from 1 hour to over 40 hours each week. Total number of facilities is the total number of PCB waste handlers (9,434) minus the total number of commercial storers and disposers (65 facilities). (U.S. EPA, 2004, 2021).
100
§§761.185(c)(2), (d) and .193(a) and (b)
Maintain theoretical analysis or monitoring records by persons who import, manufacture, process, distribute in commerce, or use products containing inadvertently generated or recycled PCBs, pursuant to §761.1(f)(1) to (3). Maintain letter certifying compliance with §761.1(f), for excluded manufacturing processes.
 8 hours to file and maintain records
10 respondents
Number of respondents based on Agency records since 2010. Industry estimates 4-5 domestic manufacturers maintain records (Wawer, 2018) EPA assumes a similar number of importers would also maintain import records. Industry estimates 12-24 hours annually, more than past Agency estimate of approximately 5 hours. EPA estimates importer record burden is substantially less, as foreign chemical supplier would provide all supporting test data to the importer. Time estimate is therefore a composite [(5x12 hours + 5x4 hours)/10= 8 hours]

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

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

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

                        Hours and Costs Per Respondent
                              Total Hours and Costs

                                    Mgr. @
                                    Tech. @
                                    Cler. @
                                    Hours/
                                     Labor
                                     Total
                                     Total
                                     Total

                                    $94.54
                                    $80.50
                                    $36.58
                                    Resp./
                                  Cost/Resp.
                                     # of
                                    Hours/
                                     Cost/
Ref #
Regulatory Citation
Information Collection Activity
                                     /Hour
                                     /Hour
                                     /Hour
                                   Year (a)
                                   Year (b)
                                     Resp.
                                   Year (c)
                                  Year (d, e)

Subpart B

                                                                              3
761.30(a)(1)(vi),(vii), (xv)(D)
Register newly discovered PCB Transformers
                                                                              1
                                                                              -
                                                                              -
                                                                              1
                                                                            $95
                                                                              1
                                                                             1
                                                                          $37
(e)
                                                                              5
 761.30(i)(1)(iii)(A)(1)
Submit descriptions of gas pipeline systems and make documents available to EPA
                                                                              1
                                                                              1
                                                                              2
                                                                              4
                                                                           $248
                                                                             0
                                                                             0
                                              $0
(e)
                                                                              7
 761.35(b)
Obtain approval for PCB Article storage in a facility that does not meet 761.65(b)

                                                                          0.166

                                                                          0.166
                                                                            $13
                                                                             0
                                                                             0
                                                                            $0
(e)

Subpart D

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

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

                                                                             13
 761.61(a)(3)(ii)
Notify EPA of self-imp. remed. changes
                                                                              -
                                                                              2
                                                                              -
                                                                              2
                                                                           $161
                                                                             13
                                                                             26
                                                                         $2,093

                                                                             14
761.61(a)(3)(iii)
Request waiver of notification requirement
                                                                              2
                                                                             16
                                                                              2
                                                                             20
                                                                         $1,550
                                                                             17
                                                                            340
                                                                       $26,354

                                                                             15
 761.61(a)(8)(i)(B)
Certify recording of deed notation
                                                                              -
                                                                              4

                                                                              4
                                                                           $322
                                                                             28
                                                                            112
                                                                         $9,016

                                                                             16
 761.61(c)(1)
Apply for risk-based disposal approval for remediation waste
                                                                              -
                                                                            740
                                                                             60
                                                                            800
                                                                       $ 61,765
                                                                            100
                                                                         80,000
                                                                   $2,403,307
(e)
                                                                             17
 761.62(c)91)
Apply for risk-based disposal or storage approval for bulk PCB product waste
                                                                              -
                                                                            740
                                                                             60
                                                                            800
                                                                       $ 61,765
                                                                             5
                                                                          4,000
                                                                  $120,165.37
(e)
                                                                             18
 761.65(a)(2),(3),(4)
Notify of attempts to secure disposal
                                                                              -
                                                                              2
                                                                              1
                                                                              3
                                                                        $197.58
                                                                              5
                                                                             15
                                                                           $988

                                                                             21
 761.65(c)(6)(i)(C)
Demonstrate that storage containers for PCB/rad waste are protective of health/env
                                                                              -
                                                                             32
                                                                              8
                                                                             40
                                                                     $2,868.604
                                                                              5
                                                                            200
                                                                         $5,579
(e)
                                                                             22
761.65(d),(e)(1),(e)(6-8),(f)
Prepare storage approval application
                                                                              -
                                                                            188
                                                                              -
                                                                           188
                                                                       $ 15,134
                                                                             10
                                                                          1,880
                                                                       $58,887
(e)
                                                                             23
761.65(e)(4)
Submit RA request to modify storage approval
                                                                            1.5
                                                                              -
                                                                            0.5
                                                                              2
                                                                           $160
                                                                             10
                                                                             20
                                                                         $1,600

                                                                             24
 761.65(g)(9)
Notify EPA of changes to storage facilities
                                                                              -
                                                                            1.5
                                                                            0.5
                                                                              2
                                                                           $139
                                                                              7
                                                                             14
                                                                           $973

                                                                             25
761.65(j)
Demonstrate financial assurance for closure
                                                                             20