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

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

47

§761.215(c)

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

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

48

No Longer Required

49

§761.216(a)

Submit Unmanifested Waste Reports (e.g., waste description, volume, disposition; date received; ID numbers of waste handlers for that waste) to EPA when disposers accept a shipment of PCB waste without an accompanying manifest, and the owner or operator of the commercial storage or disposal facility cannot contact the generator of the PCB waste

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

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

50

§§761.395 and
398(a)

Submit results of analysis and validation study to the Director, Office of Resource Conservation and Recovery

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

TABLE A-2: THIRD-PARTY NOTIFICATION REQUIREMENTS AUTHORIZED UNDER TSCA SECTION 6(e) AND USE OF THE COLLECTED DATA
Ref. #
Regulatory Section(s)
Collection Requirement
2(b) Use of Collected Information

                                  40 CFR 761

                                Subpart B -- Use

51

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

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

Limits distribution of used oil containing PCBs to authorized burners.

52

§§761.30(a)
(1)(xi) and
(xv)(A);
30(h)(1)
(ii)(B)

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

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

53

§761.30(a)(1)
(xiv)

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

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

54

§761.30(a)(1)
(xv)(D)

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

Provide local notice of the existence of PCBs.

                       Subpart D -- Storage and Disposal

55

§761.60(a)(3)
(ii)

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

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

56

§761.60(b)(5)
(i)(A)(1)

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

Prevent exposure to PCBs.

57

§761.60(f)(1)
(i)

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

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

58

§761.60(f)(1)
(ii)

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

Keep relevant authorities informed of PCB activities in their region.

59

§761.60(j)(1)
(ii)

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

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

60

§761.60(j)(1)
(vii)

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

Ensure proper handling and disposal of PCB wastes.

61

§§761.61(a)
(3)(i)

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

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

62

§761.61(a)(5)
(i)(B)(2)(iv)

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

Ensure proper handling of PCB wastes.

63

§761.61(a)(8)
(i)(A)

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

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

64

§§761.62(b)
(4)(i) and (ii)

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

Ensure proper storage and disposal for PCB bulk product waste. (See also
§§761.357 and 761.359.)

65

§761.65(c)(1) and (8)

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

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

66

§761.65(i)(3)

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

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

                     Subpart G -- PCB Spill Cleanup Policy

67

§761.125(a)(1)

Report certain spills of PCBs to the National Response Center.

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

68

§761.125(c)
(2)(ii)

Place label or notice of PCB contamination at cleanup site.

Inform personnel of presence of low level PCB contamination.

                    Subpart J -- General Records and Reports

68a

§761.180(g)

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

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

              Subpart K -- PCB Waste Disposal Records and Reports

69

§§761. 210(b), (c), and (d)(1) and (2)

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

Ensure proper tracking of PCB waste shipments.

70

§§761. 213(a)(2)(v) and (b)(4)

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

Ensure proper tracking of PCB waste shipments.

71

§§761.218(a) and (b)

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

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

TABLE A-3: RECORDKEEPING REQUIREMENTS AUTHORIZED UNDER TSCA SECTION 6(e) AND USE OF THE DATA
Ref. #
Regulatory Section(s)
Collection Requirement
2(b) Use of Collected Information

                                  40 CFR 761

                              Subpart A -- General

72

§761.1(f)

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

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

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

73

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

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

Allow EPA to verify compliance with the used oil provisions.

74

§§761.30(a)(1)
(xii) and (xiv)

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

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

75

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

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

Assist EPA in tracking the ultimate disposition of PCB equipment.

76

§§761.30(i)(1)
(iii)(B) and (C)

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

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

77

§761.35(a)(2)

Keep records of equipment stored for reuse.

Ensure the proper handling of equipment stored for reuse.

                   Subpart C -- Marking of PCBs and PCB Items

78

§761.40(c)(2)
(ii) and  (k)

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

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

                       Subpart D -- Storage and Disposal

79

§761.60(j)(1)(ix)

Keep records of R&D for disposal activities.

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

80

§§761.61(a)
(3)(i)(E); and
(a)(6)

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

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

81

§761.61(a)(3)(iii)

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

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

82

§761.61(a)(9)

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

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

83

§761.62(b)(5)

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

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

84

§§761.65(a)
(2)(ii) and (a)(3)

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

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

85

§761.65(c)(1)(iv)

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

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

86

§761.65(c)(7)(ii)

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

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

87

§761.65(c)(8)

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

Allow EPA to monitor content of stationery storage containers.

88

§§761.65(c)(10)

Establish and maintain records as per §761.180 for the storage and disposal of PCBs and PCB Items >=50 ppm.

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

89

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

Maintain for incinerators records of quantities, feed rates, temperatures, combustion products, and operations, and special records, as per §761.180(c); retain records for 5 years.

Allow monitoring of incinerator operations.

90

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

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

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

91

§761.72(a)(9) and (b)(6)

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

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

92

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

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

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

93

§761.79(d)(4) and Subpart T

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

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

94

§§761.79(f)(1) and (2)

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

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

                            Subpart E -- Exemptions

95

§§761.80(e) (5) and (i)(7)

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

Ensure accountability for PCB activities otherwise banned by statute.

96

§761.80(g)(1)

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

Ensure accountability for PCB activities otherwise banned by statute.

                     Subpart G -- PCB Spill Cleanup Policy

97

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

Maintain records of cleanup and certification of decontamination for 5 years, for low- and high-concentration spills.

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

98

§761.125(c)(1)

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

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

                    Subpart J -- General Records and Reports

99

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

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

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

100

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

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

Allow EPA to ensure the proper management of PCB activities.

101

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

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

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

102

§761.218(c) and (d)

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

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

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

103

§761.398(c)

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

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

Summary of Reporting and Recordkeeping Requirements and Third Party Requirements
 Many of the information collection requirements are triggered only by an individual's need to address a particular PCB scenario, while other requirements apply to the universe of individuals who use, process, distribute in commerce, or dispose of PCBs. EPA anticipates that no one individual would be subject to all of the requirements listed below. The reporting, third-party reporting, and recordkeeping data items contain the reference number used throughout this document, the existing ICR number, a description of the requirement, and the regulatory citation, and are organized according to the subparts of 40 CFR 761.
 Notifications/Reports. Respondents are required to submit information to EPA to accomplish the following reporting tasks. (Refer to Tables 2-1, 2-2, and 2-3 for summaries of the reporting, third-party reporting, and recordkeeping requirements of this consolidated ICR).

40 CFR 761, Subpart A -- General
		(#1) Certification Notification for Excluded Manufacturers: The primary reporting requirement for manufacturers who inadvertently generate PCBs and importers of products containing inadvertently generated PCBs is a certified notification to EPA. The notification (1) identifies the manufacturing processes that generate PCBs in products at levels above 2 parts per million (ppm); (2) certifies compliance with all PCB release conditions on excluded processes; and (3) states whether the certification is based on actual monitoring data or on theoretical analysis of the chemical reaction(s) involved in the manufacturing process. Additionally, manufacturers and importers must report to EPA data on their processes during periods of unusually high generation or releases of PCBs. Reports are required in any calendar year where total quantities of PCBs in manufactured products exceed 0.0025% of a manufacturing site's rated capacity, or the total quantity of PCBs imported exceeds 0.0025% of the average for PCB-containing products that were imported during the 1978-1982 timeframe. Also, reporting is required when total PCB releases to air or water exceed 10 pounds during the year at any site, and certification must be repeated whenever process conditions are significantly modified [§§761.1 (f)(1) - (3); Subpart J; also see the entries for #42 and #43].
Subpart B -- Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items
		(#2) Exemption Petitions: Individuals seeking exemptions to manufacture (import), process, or distribute in commerce (export) PCBs as per TSCA section 6(e)(3), must submit exemption petitions unless otherwise authorized [§761.20(b) and (c)(1) and (3)].
		(#3) Transformer Registration: Owners of PCB Transformers are required to register their transformers with EPA. The registration program provides state officials and emergency response personnel information for providing a significantly higher degree of protection in emergency situations. Information that must be included in the notification consists of the following: transformer address (i.e., location); number of PCB Transformers, including total weight in kilograms; and the name, address, telephone number, and signature of the owner, operator, or other authorized representative certifying the accuracy of the submitted information. The use of a form is optional, as is information on whether the unit(s) contains a flammable liquid. A copy of EPA Form 7720-12, which can be used for submitting this information [§761.30(a)(1)(vi)], is included in this report as Appendix C. Note that §761.30(a)(1)(xv)(D) removes the requirement to register PCB Transformers with the fire department, but retains the requirement to register the transformers with building owners. (See #54.)
		(#4) PCB Equipment Reclassification: Persons wishing to use alternate methods to reclassify PCB equipment (i.e., transformers, electromagnets, switches, and voltage regulators) must obtain EPA approval to do so [§§761.30(a)(2)(v)(c); .30(h)(2)(v)(c)]. Therefore, EPA requires information on the process that is being considered as well as equipment identification information.
		(#5) Use of Natural Gas Pipelines and Other Gas or Liquid Systems: Owners/operators of natural gas pipelines who sell or distribute natural gas are authorized to use natural gas pipelines that have been contaminated with PCBs in concentrations >=50 ppm, if they take certain actions to identify sources of contamination and reduce levels to <50 ppm PCBs. Owner/operators of these pipelines must submit a written description of the general nature and location of PCB contamination in concentrations >=50 ppm if requested by EPA. This description is sent to the EPA Regional Administrator or the Director, National Program Chemicals Division (NPCD), at EPA, if the contaminated pipe is located in more than one Region. Owners/operators must also make available to EPA, upon request, documentation of their data and actions taken or not taken to comply with the conditions of the use authorization. [§761.30(i)(1)(iii)(A)(1); .30(i)(1)(iii)(C)].
		(#6) EPA Approval for Uses of PCBs in Other Gas or Liquid Systems: The use of <=50 ppm PCBs in "other" gas or liquid transmission systems is authorized. Operators with systems with PCBs at concentrations of >=50 ppm must obtain written consent from the Director, NPCD, who may then specify conditions necessary to reduce the levels of PCBs in the system. It is not apparent that systems not otherwise authorized under the regulations exist. Therefore, EPA expects this authorization to be rare and has no basis for developing a burden for this notification requirement. Without this authorization, however, use of such gas or liquid systems with PCBs >=50 ppm would be prohibited [§761.30(t)(3)].
		(#7) Exceeding Storage Limitations for PCB Articles Stored for Reuse: EPA has limited the storage for reuse of PCB Articles in areas not meeting the TSCA approved storage standards in §761.65 to a period of 5 years. However, RAs may grant extensions beyond 5 years with conditions if a request explaining the rationale for the extension is submitted 6 months prior to the expiration date [§761.35(b)]. Regulated entities obtained approvals for 5-year storage periods during 2008, which makes these approvals valid through 2013. The next approval period will occur during this ICR period.
		(#8) Permit Applications and Demonstration Plans for Disposal Facilities: The application must contain the following types of information, if applicable: (1) name, address, and phone number of the unit's principal manager; (2) location of the facility where the unit will be tested and the location where the unit will be stored and serviced when not engaged in testing; (3) detailed description of the unit including general plans and design drawings; (4) engineering report or other information on the anticipated performance of the unit; (5) sampling and quality assurance plan; (6) waste volumes expected to be handled, process design capacity, process control, reagent-to-waste feed ratios, and safety features; (7) local, state, or federal permits or approvals; (8) schedules and plans for complying with the approval requirements; (9) contingency plan that describes steps taken in case of process failure, spill, or overflow; and (10) environmental impact, including process emissions, toxicity and disposal of process products, site relationships, and steps taken to protect the health of the operator.
		Following receipt of the application, EPA may require additions or modifications to the application, disapprove the application, or determine that a process demonstration is required and will notify the person who submitted the application. The following information is requested of persons who are asked to demonstrate their process for the Agency: (1) time, date, and location of the process demonstrations; (2) quantity and type of PCBs and PCB Items to be processed; (3) parameters to be monitored and location of sampling points; (4) sampling plan and quality assurance plan, including sampling frequency, methods, and schedules for sampling analysis; and (5) names, addresses, and qualifications of persons who review the analytical results and other pertinent data and who will perform a technical evaluation of the effectiveness of the process demonstration. Following receipt of the process demonstration plan, EPA will either approve the plan, require additions or modifications to the plan, such as additional testing or analysis to help the reviewing officials determine the safety and efficiency of the process, or disapprove the plan.
		Any person who is required to incinerate any PCBs and PCB Items and who can demonstrate that an alternative method of destroying PCBs and PCB Items can achieve a level of performance equivalent to an approved incinerator or high efficiency boiler, as per §§761.70 or .71, respectively, must submit a written request to EPA for a waiver from the incinerator or high efficiency boiler (HEB) requirements [§§761.60(e), (i)(2); .70(a),(b),(d); .75(b)(7), (b)(8)(ii), and (c)].
		(#9 - 11) Notification about PCB Research and Development Activities (R&D): Individuals engaged in R&D for disposal under §761.60(j) must notify the EPA Regional Administrator, and state and local environmental officials 30 days before conducting the R&D for disposal activity [§761.60(j)(1)]. The notification must provide the EPA identification number for the location of the R&D activity [§761.60(j)(1)(i)], quantity of PCBs to be processed, type of R&D, physical and chemical properties of the material being treated, and an estimate of the duration of the R&D activities [§761.60(j)(1)(ii)]. [NOTE: After reviewing the submitted information, EPA may determine, based on potential unreasonable risks to health or the environment, to impose additional conditions on the R&D project in the form of an Approval.]  [§§761.60(j)(1) and (2)].
		Additionally, requests to exceed the specified limits for the quantities of PCBs used, the maximum concentration of PCBs, the total amount of pure PCBs, or the duration of the R&D activities must be submitted to the EPA Regional Administrator. Each request shall specify the quantity or concentration requested or additional time needed and include a justification for each increase. For extensions to the duration of the R&D for PCB disposal activity, the request shall also include a report on the accomplishments and progress of the previously authorized R&D activity for which the extension is sought [§761.60(j)(2)].
      This notification identifies those individuals who do research on/with PCBs, their locations, and the type of activities they perform. By establishing a small quantity exemption for R&D, EPA is reducing the burden previously associated with the existing requirement that individuals who engage in R&D into PCB disposal technologies obtain a TSCA R&D Approval. EPA does not require this information to be submitted on a specific form or in a specific format. By requiring individuals to write a letter to the Regional Administrator, EPA is providing maximum flexibility to the respondent to minimize the burden associated with this notification provision.
      (#12 - 15) Self-implementing Remediation: Owners of remediation sites are required to notify, in writing, the EPA Regional Administrator and the appropriate state (or tribal), county (or local) environmental agencies at least 30 days prior to conducting remediation activities. The notification must include the following information: the nature of the contamination; a summary of the procedures used to sample contaminated and adjacent areas; a table or cleanup site map; the location and extent of PCB contaminated areas, including topographic maps; and a cleanup plan for the site [§761.61(a)(3)(i)]. Once the remediation project has been initiated, any proposed deviation from the notification previously submitted must be reported to EPA no less than 14 days prior to the proposed implementation of the change [§761.61(a)(3)(ii)]. Any person conducting a cleanup activity may obtain a waiver of the 30-day notification requirement, if they receive a separate waiver, in writing, from each of the agencies they are required to notify under this section [§761.61(a)(3)(iii)]. Additionally, under the self-implementing provision, persons must submit a written certification to the EPA Regional Administrator that the sampling plans, sample collection and preparation procedures, extraction procedures, and instrumental/ chemical analysis procedures used to assess or characterize the cleanup site are on file at the location designated in the certificate and are available for EPA inspection. Persons using alternate methods for chemical extraction and chemical analysis for site characterization must include in the certificate a statement that indicates that such a method will be used and that a comparison study that meets or exceeds the requirements of §761.269(c) of Subpart Q, for which records are on file, has been completed prior to verification sampling [§§761.61(a)(3)(i)(E) and 761.274]. Additionally, persons conducting remediation waste projects that require the use of a fence or cap, must record a notation on the deed to notify potential purchasers of the property (i.e., a third-party notification) and submit to EPA a certification that the property deed has a notation to that effect [§761.61(a)(8)(i)].
      (#16) Risk-based Remediation: Any person wishing to clean up, store, or dispose of PCB remediation waste in a manner other than prescribed in the self-implementing or performance-based disposal options must apply in writing to the EPA Regional Administrator. Each application must contain information as described in §761.61(a)(3) (e.g., nature and extent of the contamination, sample procedure, cleanup plan, and certification that records have been maintained). The EPA may request the submission of other information it believes necessary to evaluate the application [§761.61(c)(1)].
      (#17) Risk-based Cleanup Approval for PCB Bulk Product Waste: Any person wishing to sample or dispose of or store PCB bulk product waste in a manner other than prescribed in paragraphs (a) or (b), or store the waste other than prescribed by §761.65, must apply in writing to the EPA Regional Administrator or Director, NPCD. Each application must contain information indicating that the proposed storage and disposal methods or locations will not pose an unreasonable risk of injury to health or the environment. EPA may request the submission of other information it believes necessary to evaluate the application [§761.62(c)(1)].
      (#18 - 20) Exceeding Storage Limitations for PCB Wastes: A mechanism has been established for automatically extending the one-year storage for disposal deadline for another year based on an adequate justification. Any person storing PCB waste that is subject to the one-year time limit for storage and disposal may provide written notification to the EPA Regional Administrator that their continuing attempts to dispose of or secure disposal for their waste within the one-year time limit have been unsuccessful. For the automatic extension of the one-year time frame, EPA must receive the notification at least 30 days before the initial one-year time limit expires and the notice must identify the storer; the types, volumes, and locations of the waste, and the reasons for failure to meet the initial one-year time limit [§761.65(a)(2)].
      For subsequent extensions of the time frame for storing PCB wastes, the requestor must submit specific justifications and indicate measures he or she is taking to secure disposal or reasons why disposal could not occur during the prior extension. EPA may require specific actions as conditions to granting the extension, including marking, inspection, recordkeeping, or financial assurance to ensure that the waste does not pose an unreasonable risk of injury to health or the environment [§761.65(a)(3)] or the submission of periodic progress reports [§761.65(a)(4)].
      (#21) Storage Containers for PCB/Radioactive Waste: Containers prescribed by the American National Standard Institute (ANSI) for nuclear criticality safety may be used for PCB/radioactive waste. However, other containers may be used if the users are able to demonstrate to EPA and other appropriate regulatory authorities [i.e., the Nuclear Regulatory Commission, the Department of Energy (DOE), or the Department of Transportation (DOT)] that such containers are protective of public health and safety and the environment [§761.65(c)(6)(i)(C)].
      (#22) Preparing Application for Commercial Disposal Approval: Applicants for commercial storage approval shall submit a written application that includes any relevant information bearing upon the qualifications of the facility. The application shall identify the facility owner/operator and include information on the technical qualifications of the person in charge of operations, any past violations, and waste handling experience of the company and employees, estimates of maximum waste quantity that can be handled, the certification of compliance, the financial assurance instrument, a closure plan and closure cost estimate, and a demonstration of financial responsibility for closure. The applicant must also revise and update the closure plan when certain changes occur at the facility, and, within 30 days after the facility closes, submit certification that the facility has been closed in accordance with the approved plan [§§761.65(d), (e)(1), (6), and (8); and (f)].
      (#23) Request to Amend the Storage Closure Plan: Owners/operators of storage facilities must submit requests to the EPA Regional Administrator to amend the closure plan, when there are changes in ownership, changes in expected date of closure, and/or unexpected events [§761.65(e)(4)].
      (#24) Modifications to Commercial Storage Facilities: To ensure that the owner/operator of these facilities have made adjustments to their financial assurance mechanisms when modifications will increase the storage capacity of the facility, EPA is requiring that these individuals notify the federal or state issuing authority in writing that they have revised the financial assurance mechanism and activated it within 30 days of the completion of the modification [§761.65(g)(9)]. EPA does not require the information to be submitted on a specific form or in a specific format.
      (#25) Change of Ownership for Storage Facilities: EPA will approve of the transfer of ownership or operational control of a commercial storage facility if the transferee has established financial assurance for the closure and the transferor or transferee has resolved any deficiencies (e.g., with technical operations, closure plans, cost estimates, etc.) that the Agency has identified in the transferor's new or amended application [§761.65(j)].
      (#26) Approval of Alternate Measures for Operating Incinerators: Owners/operators of incinerators that burn PCBs must submit a contingency plan of alternate measures for operating the facility when regulatory requirements cannot be met. The plan must indicate what alternative measures the owner/operator would take if there is a failure of regulatory monitoring requirements or PCB rate and quantity measuring and recording equipment, or if excess oxygen falls below the percentages specified in paragraph (a)(1) of this section [§§761.70(a)(8) and (9); and (d)(5)].
      (#27) Notification of Changes in Disposal Facility Ownership: Owners/operators of incinerators and chemical waste landfills that dispose of PCBs must notify EPA at least 30 days before transferring ownership of the facility. The notice must include a notarized affidavit signed by the transferee, which states that the transferee will abide by the transferor's EPA incinerator approval [§§761.70(d)(8); .75(c)(7)].
      (#28) High Efficiency Boiler Approval: Thirty days before any person burns mineral oil dielectric fluid in high efficiency boilers, the person must give a one-time written notice to the EPA Regional Administrator, including information on the owner and location of the boiler, boiler specifications, and associated equipment. To burn liquids other than mineral oil dielectric fluids, at a PCB concentration of 50 to 500 ppm, boiler owners must first obtain an approval of the Regional Administrator for the EPA Region in which the boiler is located. The request to the Regional Administrator must include at least the following: name and address of owner/operator of boiler and address of boiler, boiler rating in units of BTU/hour, carbon monoxide concentration and oxygen percentage in the stack when boiler is operated, type of equipment and procedures used to control feed and monitor emissions, type of waste to be burned, concentration of PCBs and other chlorinated hydrocarbons in the waste, estimate of the amount of waste to be burned in a 30-day period, and an explanation of the procedures to be followed to ensure that the burning of the waste will not adversely affect the operation of the boiler such that combustion efficiency will decrease [§§761.71(a)(2) and (b)(2)].
      (#29 - 30) Disposal by Scrap Metal Recovery Ovens and Smelters: Owners of scrap metal recovery ovens disposing of drained PCB-contaminated electrical equipment, natural gas pipelines and non-porous surfaces must notify EPA as disposers of PCBs and are required to comply with existing, applicable disposal facility reporting requirements in Subparts J and K  [§§761.72(c)(2)]. In lieu of meeting the operating requirements, an owner or operator of a scrap metal recovery oven or smelter can submit a written request to the EPA Regional Administrator for a determination that the industrial furnace poses no unreasonable risk, based on a site-specific risk assessment [§761.72(c)(3)].
      (#31 - 32) TSCA Coordinated Approval: Persons seeking a TSCA PCB coordinated approval may submit a request for approval to the EPA Regional Administrator at the same time they seek a permit approval or other action for a PCB waste management activity under any other federal or state authority. The request for coordinated approval shall include a copy of the confirmation of the EPA identification number, information regarding a point of contact at the other permitting authority, description of the waste activities to be conducted (or a copy of the waste management document, if one has been issued), and a certification that the requestor will adhere to the TSCA PCB reporting and recordkeeping requirements [§761.77(a)(1)]. The Regional Administrator may request additional information to remedy a deficiency in the waste management activities [§761.77(a)(1)(ii)(A)(1)]. If the Regional Administrator determines that conditions of the coordinated approval are not being met, the Regional Administrator may require the person to whom the coordinated approval was issued to submit an application for a TSCA PCB approval [§761.77(a)(2)]. Any person with a coordinated approval must notify the Regional Administrator in writing within 5 calendar days of changes relating to PCB waste requirements in the non-TSCA waste management documents that serve as the basis for the coordinated approval [§761.77(a)(3)].
      (#33) Approvals for Alternative Decontamination and Sampling Methods: Any person wishing to decontaminate material described in a manner other than prescribed in §761.79(b) or (c), or sample material other than prescribed in §761.79(f) must apply in writing to the EPA Regional Administrator. Each decontamination application must describe the material to be decontaminated and the proposed decontamination method, and must demonstrate that the proposed method is capable of decontaminating the material to the applicable level set out in §761.79(b)(1) through (4). Each application must describe in writing the material to be decontaminated and the proposed self-implementing decontamination method, and must include a proposed validation study to confirm performance of the method. Each sampling application must contain a description of the material to be decontaminated, the nature and PCB concentration of the contaminating material (if known), the decontamination method, the proposed sampling procedure, and a justification for how the proposed sampling is equivalent to or more comprehensive than the sampling procedure required under §761.79(f) of this section. EPA may request additional information it believes to be necessary to evaluate the application [§761.79(h)(1) to (4)].
Subpart E -- Exemptions
      (#34 - 37) Class Exemptions, Manufacture, Processing, Distribution of PCBs for R&D: Individuals seeking exemptions from the PCB prohibitions are required by statute [15 USC 2601, section 6(e)(3)(B)] to submit exemption petitions to EPA. The information provided to EPA in an exemption petition includes: name, address and telephone number of the petitioner; description of the exemption being requested for the manufacture/processing/distribution in commerce activity; location; length of time desired (one-year maximum); amount of PCBs to be manufactured processed and/or distributed in commerce, rationale regarding no unreasonable risk and substitutes criteria of section 6(e)(3)(B)(i) and (ii), and the economic consequences of an EPA denial. Provisions regarding class exemptions for manufacturers of PCBs and processors/distributors of PCBs or analytical reference samples derived from PCB waste material require a petition be submitted 60 days prior to engaging in the activity [§761.80(e)(1) and (i)(1)]. Section 761.80(e)(2) and (i)(2) and .80(n) require individuals seeking renewals of class exemptions to submit requests for renewal as per §§750.11 and .31. If persons need to exceed the annual quantity limits, they must request approval from EPA [§§761.80(e)(3), (g)(2), and (i)(4)]. The owner or operator of the facility also must notify the EPA Regional Administrator in writing 30 days prior to beginning R&D activities that require the manufacturing or import of PCBs, unless the owner has obtained a PCB R&D approval from EPA, pursuant to §761.60(a) or (i)(2), or .70(b), that allows the manufacture of PCBs [§761.80(e)(4)].
      (#38) Manufacturing, Processing, and Distribution in Commerce, Exemptions: When a facility holding a certain type of exemption plans to increase the amount of PCBs to be processed and distributed, imported (manufactured), or exported, or to change the manner or processing and distribution, import (manufacture), or export of PCBs, the owner/operator of the facility must submit a new exemption petition to EPA, which will be addressed through an exemption rulemaking. The petitioners must provide the following information to extend manufacturing exemptions, as per §§750.11: (1) the identity, telephone number, and address of the petitioner; (2) description of the PCB exemption being requested, including items to be manufactured, and the nature of the manufacturing process; (3) location(s) of manufacturing sites requiring exemption; (4) length of time requested for exemption; (5) amount of PCBs to be manufactured or used during the requested exemption period and the manner of release of PCBs to the environment associated with such manufacture or use; (6) basis for meeting section 6(e)(3)(B)(i) criteria for "unreasonable risk;" (7) basis for meeting section 6(e)(3)(B)(ii) criteria for "PCB substitutes;" and (8) quantification of the economic consequences of EPA denying the petition and an explanation of the manner of computation.
      Persons interested in obtaining processing or distribution in commerce exemptions must provide information listed above as items (1), (4), (6), (7), and (8). In addition, as per §750.31, they must provide: a description of the PCB processing or distribution in commerce exemption being requested, including a description of the chemical substances, mixtures, or items to be processed or distributed in commerce, and if processing is involved, the nature of the processing; location(s) of processing sites requiring exemption; the estimated amount of PCBs to be processed or distributed in commerce or used during the requested exemption period; and the manner of release of PCBs to the environment associated with such processing, or distribution in commerce. EPA also requires specific information on the description, number, and/or location of PCB equipment to be serviced and the description of the uses of/exposures to PCB-contaminated substances or mixtures that are to be used for petitions filed under paragraphs §750.31(a)(1)-(9) [§761.80(n)].
Subpart F -- Transboundary Shipments of PCBs for Disposal
      (#39) Import and Export for Disposal: By Statute, no person may import or export PCBs or PCB Items for disposal without an exemption issued under the authority of TSCA section 6(e)(3) [§§761.93(a) and .97(a)].
Subpart G -- PCB Spill Cleanup Policy
      (#40) Reporting of PCB Spills: Parties responsible for the following types of PCB spills must notify EPA to obtain cleanup guidance: spills that directly contaminate surface waters, sewers, or drinking water supplies; spills that directly contaminate grazing lands or vegetable gardens; spills that exceed 10 pounds of PCBs by weight [§§761.125(a)(1)(i) to (iii)].
Subpart J -- General Records and Reports
      (#41) Annual Reports for Waste Disposed of by the Waste Generator: Owners/operators of PCB disposal facilities, including owners/operators who dispose of PCB waste generated at his/her own facilities, and owners of commercial storage facilities, shall submit annual reports to the EPA Regional Administrator. The reports shall summarize the records and annual document logs required to be maintained and prepared under §761.180(b)(1) and (b)(2) of this section. Within 30 days of suspending the operation of any incinerator, the owner/operator of the facility must submit a document to EPA that includes the date and time of the suspension and an explanation of the circumstances causing the suspension of operations [§§761.180(b), (b)(3), and (c)(5)].
      (#41a) Records of Reclassified PCB Equipment: Owners of reclassified PCB electrical equipment must promptly provide records pertaining to the reclassification of PCB equipment, if requested by EPA. Also see #68a and #75 [§761.180(g)].
      (#42) Notification/Certification of Product Contamination by Inadvertent PCBs: Manufacturers with processes inadvertently generating PCBs and importers of products containing inadvertently generated PCBs must report to EPA within 90 days any excluded manufacturing process or imports for which the concentration of PCBs in products leaving the manufacturing site or imported is > 2 ug/g (roughly 2ppm) for any resolvable gas chromatographic peak. Manufacturers who must submit the report must transmit a letter notifying EPA of the number, type, and location of the excluded manufacturing process. Persons must also certify compliance with the requirements of §761.1(f), specify whether the compliance is determined by actual monitoring or theoretical assessments; and maintain determinations of compliance. Facilities with compliance based on theoretical assessment must also notify EPA of the estimated PCB concentration levels generated and released [§761.185].
      (#43) Notification When PCB Releases Exceed Limits: Owners/operators of excluded manufacturing processes must report to EPA the total quantity of inadvertently generated PCBs released into the air and or water from these processes when the total quantity of each type of release in any calendar year exceeds 10 pounds [§761.187].
Subpart K -- PCB Waste Disposal Records and Reports
      (#44) Notify EPA of PCB Waste Activity: All generators with on-site storage, commercial storers, transporters, and disposers of PCBs shall notify EPA of their PCB waste activity by filing EPA Form 7710-53 (see Appendix D) prior to engaging in PCB waste-handling activities. The form includes individuals engaged in R&D and treatability studies and owners of scrap metal recovery ovens/smelters and HEBs. This one-time notification form asks for a statement of the type of activity taking place at the facility, the location of the facility, name and address of the owner, and the facility point-of-contact. EPA issues an identification number or verifies an existing RCRA identification number [§§761.202(a); 205(a) to (c)].
      (#45) Changes in Waste Handling Activities: Individuals who make changes in their waste-handling activities (e.g., relocating or assuming additional activities) are required to submit an amended notification form 30 days after the change in activity occurs. The information is collected using a one-page form (EPA Form 7710-53) that has previously been approved by OMB (OMB Control No. 2070-0112) and requires minimal effort to complete [§761.205(f)].
      (#46) Exception Reports: When a generator uses an independent transporter, he or she must confirm by telephone or other convenient means that the commercial storer or disposer actually received the manifested waste. If the disposal facility did not receive the waste, the generator shall contact the transporter to determine the disposition of the waste. If the generator has not received a manifest from the disposal facility, the generator shall submit an exception report to the EPA Regional Administrator. A disposer shall submit a One-Year Exception Report to EPA within 45 days from the end of the one-year storage for disposal date when the facility receives the PCBs on a date more than nine months from the date when the PCBs were removed from service for disposal or when the facility can no longer dispose of the PCBs within the one-year date due to contractual commitments or other factors affecting the facility's disposal capacity. Generators or commercial storers shall submit One-Year Exception Reports when they transferred PCB wastes within 9 months from the date of removal from service for disposal, when the facility has not received a Certificate of Disposal within 13 months from the date the waste was removed from service, or has received a Certificate of Disposal more than one year after the date the waste was removed from service [§§761.219(a), (b), and (c) and 761.217(a) and(b)].
      (#47) Discrepancy Reporting: Upon discovering a significant discrepancy, the owner/operator of the designated commercial storage or disposal facility shall attempt to reconcile the discrepancy with the waste generator or transporter. If the discrepancy is not resolved within 15 days after receiving the PCB waste, the owner or operator shall immediately submit to the EPA Regional Administrator a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue [§761.215(c)].
      (#48) No longer required.
      (#49) Unmanifested Waste Reports: Disposers must submit unmanifested waste reports to EPA when they accept a shipment of PCB waste without an accompanying manifest. If an owner or operator of a commercial storage or disposal facility cannot contact the generator of the PCB waste, he or she shall notify the EPA Regional Administrator so that the Regional Administrator can determine whether further actions are required before the owner or operator may store or dispose of the unmanifested PCB waste [§761.216(a)]. Within 15 days after receiving the unmanifested PCB waste, the owner/operator shall prepare a report to the Regional Administrator of the Region where the storage or disposal facility is located and the Region in which the PCB waste originated. The report shall include the EPA facility identification numbers, facility information, date the waste was received, description of the waste, explanation why the waste was unmanifested, if the waste was stored or disposed, if the generator was identified, if a manifest was subsequently supplied, and if and when the waste was sent back to the generator [§761.216(a)].
Subpart T -- Comparison Study for Validating a New Performance-Based Decontamination Solvent Under §761.79(d)(4)
      (#50) Results of Analysis and Decontamination Validation Studies: Persons using the self-implementing criteria for validating the conditions for the performance-based decontamination of solvents must submit validation study results to EPA [§§761.395 and .398].
Third-Party Reports. Respondents are required to submit information to entities other than EPA headquarters or the EPA Regional Administrator, such as to state, tribal, county or local officials, waste generators, transporters, storers, and disposers, or the public.
40 CFR 761, Subpart B -- Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items
      (#51) Certification for Burners of Used Oil: Before the first shipment of used fuel oil containing detectable PCBs, the burner of the oil must provide a one-time written certification to the marketer of the oil that the incinerator is in compliance with the notification requirements of §761.71(a)(2) or 40 CFR 279, Subpart G. This regulation also applies to marketing or burning for energy recovery liquids containing PCBs at concentrations <50 ppm at the time of removal from a natural gas pipeline system [§§761.20(e)(3)(ii); .30(i)(5)(ii); and .60(b)(5)(iv)(B)].
      (#52) Transformer and Voltage Regulator Fire Emergency Notification: Owners of PCB Transformers and PCB Voltage Regulators (containing >=500 ppm PCBs) must report any fire-related incidents involving this equipment and the release of PCBs to the National Response Center. Information must be provided regarding the type of PCB Transformer installation involved in the incident (e.g., high or low secondary voltage network transformer, high or low secondary voltage radial system, expanded radial system, primary selective system, primary loop system, or secondary selective system) and the readily ascertainable cause of the fire (e.g., high current fault in the primary or secondary or low current fault in secondary). The National Response Center notifies the appropriate Regional Administrator [§§761.30(a)(1)(xi) and (xv)(A); (h)(1)(ii)(B)].
      (#53) Notification to Owners of PCB Transformers: Users of a PCB Transformer in use or stored for reuse that may pose in exposure risk to food or feed must notify the owner of the Transformer [§761.30(a)(1)(xiv)].
      (#54) Registering Newly Discovered PCB Transformers: In the event that a mineral oil transformer assumed to contain <500 ppm PCBs is tested and found to be contaminated at >=500 ppm, the owner of the PCB Transformer must register the equipment with the building owner (and EPA; see #3) within 30 days of discovery [§§761.30(a)(1)(xv)(D)].
Subpart D -- Storage and Disposal
      (#55) Documentation About and Disposal Approval for PCB-Contaminated Liquids: Prior to any chemical waste landfill disposing of PCB-Contaminated liquids from incidental sources associated with non-liquid PCB waste, the landfill owner/operator must be provided with documentation that shows that the waste does not exceed 500 ppm PCBs, that it is not an ignitable waste as described in §761.75(b)(8)(iii), and that disposal does not violate 40 CFR §268.32(a)(2) and §268.42(a)(1), which list specific hazardous wastes prohibited from land disposal, including liquid hazardous wastes containing PCBs >50 ppm [§761.60(a)(3)(ii)].
      (#56) Inclusion of Abandoned Natural Gas Pipes in Public Service Notification Programs: One disposal option for natural gas pipeline systems containing PCBs at any concentration but no free-flowing liquids, and having a nominal inside diameter of <=4 inches, is to seal each end closed, abandon the pipes in the place where they were used to transport natural gas, and include them in a public service notification program, such as a one-call system under 49 CFR 192.614(a) and (b). One-call systems are programs run by utility companies to inform landowners that they should contact the utility companies before beginning any excavation work on their property to avoid disturbing underground utility pipes [§761.60(b)(5)(i)(A)(1)].
      (#57) Notification About Approved PCB Disposal Facilities: Each operator of a chemical waste landfill, incinerator, or approved alternative disposal technology meeting the incineration standard must notify state and local officials at least 30 days prior to the first use of the facility [§761.60(f)(1)(i)].
      (#58) Annual Notification about PCBs Disposed of: If requested by state and local officials, each operator of a chemical waste landfill, incinerator, or approved alternative to incineration must provide annual information about the quantities and types of PCBs disposed of [§761.60(f)(1)(ii)].
      (#59) Notification to State and Local Officials of PCB Activities: Any person may conduct R&D for PCB disposal without prior written approval from EPA, if they meet certain conditions, one of which is to notify state and local environmental agencies at least 30 days prior to beginning the activities. Each written notification must contain the EPA identification number for the site, the quantity of PCBs to be treated, the type of R&D technology to be used, the physical and chemical properties of the materials being treated, and an estimation of the duration of the activities [§761.60(j)(i)(ii)].
      (#60) Manifest R&D PCB Wastes: Research facilities must use manifests, pursuant to Subpart K, for all R&D PCB wastes being transported from the R&D facility to an approved PCB storage or disposal facility for disposal. Manifests are not needed if the residuals are returned to the site of generation [§761.60(j)(1)(vii)].
      (#61) Self-implementing Remediation: Owners of remediation sites are required to notify, in writing, the appropriate state (or tribal), county (or local) environmental agencies at least 30 days prior to conducting remediation activities. The notification must include the following information: the nature of the contamination, a summary of the procedures used to sample contaminated and adjacent areas, a table or cleanup site map, the location and extent of PCB contaminated areas, including topographic maps, and a cleanup plan for the site [§761.61(a)(3)(i)].
      (#62) Notification of Pending PCB Shipments: Generators of bulk PCB remediation waste must provide written notice to each off-site facility where the waste is destined that is not subject to a TSCA PCB disposal approval about the quantity and the highest concentration of PCBs shipped, at least 15 days before the first shipment of the waste from each cleanup site [§761.61(a)(5)(i)(B)(2)(iv)].
      (#63) Deed Restrictions on Property Where Remediation Projects Have Been Conducted: Within 60 days of completion of a cleanup activity and in accordance with state law, site owners must record a notation on the deed to the property, or on some other instrument that is normally examined during the title search, that will in perpetuity notify any potential purchaser of the property that the land has been used for disposal of PCB remediation waste, the site is restricted for use, and the fence or cap must be maintained, as well as the applicable cleanup levels left at the site. This notice becomes a permanent attachment to the deed [§761.61(a)(8)(i)(A)].
      (#64) Disposal of PCB Bulk Product Waste: Any person disposing off site of PCB bulk product waste under paragraph (b)(1) at a waste management facility not having a commercial PCB storage or disposal approval, must provide written notification to the receiving facility a minimum of 15 days in advance of the first shipment from the same disposal waste stream. The notice shall state that the waste may include components containing PCBs at >=50 ppm and that the waste is known or presumed to leach < 10 ug/L PCBs. The objective of the notification is to alert the waste facilities and prevent the generator from sending a waste to a facility that may be restricted from receiving PCBs, based on a state-issued permit [§§761.62(b)(4)(i) and 761.357]. Any person disposing off site of PCB bulk product waste under paragraph (b)(2) at the same type of facility must comply with the same notification requirements, except that the notice shall state that the waste is known or presumed to leach >=10 ug/L PCBs [§§761.62(b)(4)(i) and (ii); 761.357 and .359].
      (#65) Notations on PCB Items and Containers: To store PCB Items, either for disposal or temporarily in areas that do not comply with §761.65(b) for up to 30 days from the date of an Item's removal from service, owners of the Items must place on the Item the date it is removed from service. Items that can be temporarily stored include non-leaking PCB Articles and PCB Equipment; leaking PCB Articles and Equipment if the PCB Items are placed in a non-leaking PCB Container; PCB Containers containing non-liquid PCBs; or PCB Containers containing liquid PCBs at concentrations >=50 ppm in areas with SPCC plans [§§761.65(c)(1) and (8)].
      (#66) Notification of Shipping Laboratory Samples: To qualify for the exemption from manifesting laboratory sampling wastes, as per §761.65(i)(2)(i) and (ii), the sample collector shipping the samples to a laboratory and a laboratory returning samples to a sample collector must comply with applicable DOT requirements found at 49 CFR 173.345 and U.S. Postal Service regulations, 652.2 and 652.3. Information on the sample collector, the laboratory, and date of shipment must accompany a PCB sample when it is shipped to the testing laboratory or back to the sample collector [§761.65(i)(3)].
Subpart G -- PCB Spill Cleanup Policy
      (#67) Requirements for the Spill Cleanup Policy: Spills involving 1 pound or more by weight of PCBs must be reported to the National Response Center [§761.125(a)(1)].
      (#68) Notification of PCB Contamination at a Cleanup Site: Parties responsible for cleaning up PCB spills as per the Spill Cleanup Policy can clean up the site to 50 ppm PCBs by weight (as opposed to 25 ppm) provided that a label or notice is visibly placed in the area [§761.125(c)(2)(ii)].
      (#68a) Records Pertaining to Reclassification of PCB Equipment: Owners of reclassified PCB electrical equipment must promptly provide records of reclassified PCB equipment to any party holding or possessing the equipment (for example, through sale, loan, lease, or for servicing). Also see #41a and #75 [§761.180(g)].
Subpart K -- PCB Waste Disposal Records and Reports
      (#69) Manifests for PCB Wastes: Generators who relinquish control over PCB wastes by transporting, or offering for transport, PCB waste for commercial off-site storage or disposal shall prepare a manifest (EPA Form 8700-22, currently approved under OMB No. 2050-0039), which specifies the identity of the waste, the earliest date of removal from service for disposal, the weight in kilograms of the waste, the unique identifying number of a PCB Article Container or PCB Container, the serial number or other identification of PCB Articles not in containers [§761.207(a)]. For bulk shipments within the United States transported solely by water, waste generators are required to provide three copies of the dated and signed manifests to the owner or operator of the designated commercial storage or disposal facility [§761.210(c)]. For rail shipments of PCB wastes that originate at the site of generation, the generator shall send at least three copies of the manifest to the next non-rail shipper, if any, and the designated commercial storage or disposal facility, if transported solely by rail [§761.210 (d)(1) and (2)].
      (#70) Send Manifest to Generator: When a commercial storage or disposal facility receives an offsite shipment of PCB waste accompanied by a manifest, the owner/operator of the facility must send a copy of the manifest to the generator within 30 days after the delivery. When a commercial storage or disposal facility receives a PCB waste from a rail or water (bulk shipment) transporter accompanied by a shipping paper containing all the information required on the manifest except the EPA identification number, generator's certification, and signatures, the owner/operator of the facility shall send a copy of the manifest or shipping paper to the generator [§761.213(a)(2)(v) and (b)(4)].
      (#71) Certificates of Disposal to Waste Generators: Owners or operators of disposal facilities must send Certificates of Disposal to generators of PCB wastes identified on the manifests that accompany each shipment. The Certificates must be sent within 30 days of the date that the disposal of each item of PCB waste identified on the manifest was completed, unless the generator and the disposer agree to another time frame. The Certificate of Disposal shall identify the disposal facility and waste affected by the certificate and include a statement certifying the date of disposal and disposal process for the identified PCB waste [§761.218(a) and (b)].
Records. Respondents are required to maintain records as follows:
40 CFR 761, Subpart A -- General
      (#72) Recordkeeping of Excluded Manufacturing Processes and Certification: Chemical manufacturers and importers of products that contain inadvertently generated PCBs (i.e., excluded manufacturing processes) must maintain the monitoring data (or other analyses) that were used to support the determination of compliance with the conditions of §761.3, and copies of the signed certification of compliance. These recordkeeping requirements expire under their own terms, either three years after the manufacturer has ceased operating the process that necessitated notification, or after seven years, whichever is a shorter retention period. Monitoring records must contain the method of analysis; the results of the analysis, including data from the Quality Assurance Plan; a description of the sample matrix, the name of the analyst or analysis; the date and time of the analysis; and numbers for the lots from which the samples are taken [§§761.1(f)(1), .185(c)(2) and (d), and .193].
Subpart B -- Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items
      (#73) Records of Marketing Used Oil: Marketers who first claim used oil does not contain detectable levels of PCBs must retain records supporting the claim and a copy of each certification notice received or prepared relating to transactions involving PCB-containing used oil. Burners must include among the records a copy of each certification notice that has been provided to a marketer of PCB-containing used oil. These requirements also apply to persons who market or burn for energy recovery liquid containing PCBs at concentrations <50 ppm PCBs at the time of removal from a natural gas pipeline system [§§761.20(e)(4)(i) and (ii); .30(i)(5)(ii); and .60(b)(5)(iv)(B)].
      (#74) Records of PCB Transformer Registration, Inspection, and Maintenance: Individuals are required to retain a copy of the transformer registration and the return receipt signed by the EPA and records of inspection and maintenance history for a period of three years after the disposal of the transformer(s). The records also shall contain information of the location of each transformer; inspection dates; date of discovery of any leaks; inspector's name; location of any leaks; estimate of the amount of dielectric fluid leaked; date and description of any cleanup, containment, repair, or replacement; the results of any containment and daily inspection required for uncorrected active leaks; and any transfer of ownership of PCB Items [§§761.30(a)(1)(vi)(C), (xii), and (xiv)].
      (#75) Records of Reclassified PCB Equipment: Owners of reclassified PCB equipment must maintain records at the facility where the equipment has been reclassified to a lower PCB concentration for a period of three years after reclassified and sold, transferred, or disposed. These records, generated during the normal course of the reclassification procedure, must show that the equipment was reclassified following the required reclassification procedure. When these procedures require testing, the records must include copies of the pre-and post-reclassification PCB concentration of the unit, taken by a laboratory using quality control and quality assurance procedures. Equipment includes transformers, voltage regulators, electromagnets, and switches. Also see #41a and #68a [§§761.30(a)(2)(v)(C) and (D); .30(h)(2)(v)(C) and (D), and .180(g)].
      (#76) Natural Gas Pipeline Data: PCBs at concentrations of >=50 ppm are authorized for use in natural gas pipelines if certain actions are taken to characterize the concentration and extent of contamination, as well as remedial measures taken to reduce the PCB concentrations below regulated levels. Records of the results of the sampling and analysis as well as any actions taken or not taken to reduce the PCB concentrations must be kept for three years after the PCB concentrations have been reduced to below regulated levels. EPA expects the recordkeeping burden to be minimal as the regulations allow for use of historical data. Owners or operators of natural gas pipeline systems that do not include sources of PCB contamination (e.g., natural gas compressors, natural gas scrubbers, and natural gas filters) containing >=50 ppm PCBs also must comply with the recordkeeping requirements [§§761.30(i)(1)(iii)(B) and (C)].
      (#77) Records of Equipment Stored for Reuse: Owners of PCB Articles stored for reuse must maintain records starting at and indicating the time the PCB Article is removed from use or starting from August 28, 1998, if the date it was removed from use is not known. The records must also include the projected location and the future use of the PCB Article, and, if applicable, the date the PCB Article is scheduled for repair or servicing [§761.35(a)(2)].
Subpart C -- Marking
      (#78) Records for Identifying PCB Large Low Voltage Capacitors: Owners or operators of PCB Large Capacitors located in protected locations must maintain a record for identifying the PCB Capacitors, but only if they choose not to mark each capacitor individually [§§761.40(c)(2)(ii) and (k)].
Subpart D -- Storage and Disposal
      (#79) Records of Disposal for R&D Facilities: The self-implementing provisions under §761.60(j) allow individuals to conduct research and development for PCB disposal. One of the provisions is that R&D facilities must comply with existing recordkeeping requirements in §761.180 (e.g., maintain the annual document log and annual records) and the applicable storage and disposal requirements in Subpart D [§761.60(j)(1)(ix)].
      (#80) Records of Remediation Activities: Individuals conducting self-implementing remediation projects are required to maintain records of the sampling plans, sample collection procedures, sample preparation procedures, extraction procedures, and instrumental/chemical analysis procedures used to assess or characterize the PCB contamination at the cleanup site. Persons using alternate methods for chemical extraction and chemical analysis for site characterization must keep on file records of a comparison study that meets or exceeds the requirements of §761.269(c) [§§761.61(a)(3)(i)(E) and (a)(6), and Subparts O and Q].
      (#81) Waivers of the Notification Requirement: Under the self-implementing remediation provisions of §761.61, individuals who receive a waiver of the 30-day notification requirement must maintain the original written waivers received from each of the agencies they are required to notify under this section (i.e., the EPA Regional Administrator, state and county (or local) environmental offices) [§761.61(a)(3)(iii)].
      (#82) Records of Remediation Cleanup Activities: For the cleanup of bulk PCB remediation waste, non-porous surfaces, porous surfaces, and liquids, site owners must keep records as per §761.125(c)(5) for a period of 5 years. The records must identify the source of the spill and include information on the estimated or actual date of the spill, the date cleanup was completed or terminated, a brief description of spill location and the nature of the materials contaminated, pre-cleanup sampling data used to establish spill boundaries, a brief description of the solid surfaces cleaned, the approximate depth of soil excavation and the amount of soil removed, post cleanup verification sampling data, and a brief description of the sampling methodology [§761.61(a)(9)].
      (#83) Records of Sampling and Analysis of PCB Bulk Product Waste: Persons disposing of PCB bulk product waste in solid waste landfills must keep records of the sampling and analysis of PCB bulk product waste as well as required notifications. The records must be maintained for three years from the date of their creation and made available to EPA upon request [§761.62(b)(5)].
      (#84) Attempts to Secure Disposal: The regulations include a provision that would grant individuals an automatic one-year extension to store waste beyond the one-year deadline for disposal if certain conditions are met. One of the conditions is that the individual must maintain a written record of his efforts to secure disposal capacity until the waste is disposed. These records must be made available for inspection by the EPA [§§761.65(a)(2)(ii), and (3)].

      (#85 - 86) Spill Prevention, Control, and Countermeasure (SPCC) Plan: Owners/operators of facilities using PCB storage containers, as per 29 CFR 1910.106, must prepare SPCC plans. SPCC plans are also necessary to temporarily store containers of PCB liquids >50 ppm. An SPCC plan is necessary when an individual has not previously stored liquid PCBs on a temporary basis [§§761.65(c)(1)(iv) and (7)(ii)].
      (#87) Records of PCB Items in Stationery Storage Containers: PCB Items shall be dated when removed from service for disposal. For each batch of PCBs added to storage containers, as per §761.65(c)(7), owners of the containers shall maintain a record that includes the quantity of the batch and date the batch was added to the container. The record shall also include the date, quantity, and disposition of any batch of PCBs removed from the container [§761.65(c)(8)].
      (#88) Records of Storage for Disposal of PCBs and PCB Items: Owners/operators of commercial storage facilities must establish and maintain records, as per §761.180, for the storage and disposal PCBs and PCB Items >=50 ppm [§§761.65(c)(10) and .180].
      (#89) Incinerator Records: Owners and operators of incinerators must keep records 5 years after the date of collection of the quantity of PCBs fed into the incinerator and the rate at which the PCBs are fed, the temperature of the incineration process, the results of continuous monitoring of combustion products for oxygen and carbon monoxide, at a frequency specified by EPA, and information on the weight of solid residue generated by the incinerator [§§761.70(a)(3), (4), and (7); (c); and .180(c)].
      (#90) High Efficiency Boiler (HEB) Feed Rate and Emissions Record Retention: Persons burning liquids other than mineral oil dielectric fluid, containing PCBs between 50 and 500 ppm, in an approved HEB must retain the following records for a period of 5 years: the quantity of low concentration PCBs burned in the boiler each month, monthly waste analysis records, and the data required in §§761.71(b)(1)(vi) and (b)(1)(vii), which includes the carbon monoxide concentration and excess oxygen percentage in the stack gas; the fuel feed rate; waste fluid feed rate; and the quantities of fuel and waste fluid fed to the boiler [§§761.71(a)(1)(vi) and (vii), (a)(4), (b)(1)(vi) and (b)(1)(vii), (b)(5), and .180(e)].
      (#91) PCB Disposal Using Scrap Metal Recovery Ovens and Smelters: The use of scrap metal recovery ovens and smelters is authorized for disposing of PCB-contaminated items when the equipment meets certain operating parameters and conditions. One of these parameters addresses the temperature of the hearth (i.e., at least 1,000º C when charged with PCB Items). Operators are required to record the temperature and retain the data at the facility for three years from the date each charge is introduced. Because these devices are considered disposal units, owners of the equipment must meet all applicable recordkeeping requirements in 40 CR 761 Subparts J and K (e.g., maintain annual document log and annual records) [§§761.72(a)(9) and (b)(6)].
      (#92) Chemical Waste Landfill Records: Owners/operators of chemical waste landfills that dispose of PCBs must maintain records at least 20 years after a facility ceases disposal operations of all PCB disposal operations, including PCB concentration in liquid wastes, the three-dimensional burial coordinates for PCBs and PCB Items, water sampling and analysis (i.e., samples of surface and ground water at locations and frequencies specified by EPA in their approvals), and additional records. The samples must be analyzed for PCBs, pH, specific conductance, and chlorinated organics [§§761.75(b)(6)(iii) and (b)(8)(iv) and .180(d)].
      (#93 - 94) Decontamination Activities: If individuals follow self-implementing decontamination procedures (and maintain the required records), they will not need to obtain a PCB disposal approval, as is currently the case, to decontaminate for continued use or distribution in commerce items that had been contaminated with PCBs. Test and validation results of performance-based decontamination activities using PODFs and VADFs must be retained [Subpart T, §761.79(d)(4)]. Also, individuals that conduct PCB decontamination activities must maintain records of sampling activities that show sampling locations, analytical results, and information about the wastes generated by a decontamination process. These records must be retained at the site of decontamination for a period of three years for inspection by EPA [§§761.79(f)(1) and (2)].
Subpart E -- Exemptions
      (#95 - 96) Manufacture of PCBs and Processing/Distributing of Limited Quantities of PCBs or PCBs in Waste Materials for R&D: Under the class exemptions for manufacturers of PCBs and processors and distributors of limited quantities of PCBs and PCB analytical reference samples derived from waste materials for purposes of research and development, facilities seeking the exemption must maintain records on the source(s) of PCBs, the person(s) to whom the PCBs were shipped, and the amount(s) of PCBs received, processed and distributed in commerce annually. These records must be retained for a period of either three years after ceasing the processing and/or distributing operations or 5 years [§§761.80(e)(5), (g)(1), and (i)(7)].
Subpart G -- PCB Spill Cleanup Policy
      (#97 - 98) Records of Spill Cleanup and Delays: Parties responsible for cleaning up PCB spills must maintain documentation of the cleanup activities and certification of the documentation for five years. Owners of PCB spills who have delayed cleanup because of circumstances such as civil emergency; hurricane, tornado, or other similar adverse weather conditions; lack of access due to physical impossibility; or emergency operating conditions, must keep records documenting the fact that circumstances precluded rapid response [§§761.125(b)(3), (c)(1) and (c)(5) and .61(a)(9)].
Subpart J -- General Records and Reports
      (#99) The Annual Document Log for PCBs and PCB Items: Owners/operators of PCBs and PCB Items in service or projected for disposal must maintain annual records and a written annual document log for three years after the PCB activities cease. The records must include signed manifests, Certificates of Disposal, records of inspections and cleanups, facility and Item identification information, total number of Items, telephone records, and Item transfer information. Individuals must also collect and maintain documents, correspondence, and data pertaining to storage/disposal of PCBs that have been provided to as well as received from any state or local government agency and any application/correspondence submitted to local, state, or federal permitting authorities [§§761.180(a), (a)(4), (b), and (f); and 761.65(c)(5)].
      (#100) Recordkeeping of Monitoring Data for Inadvertently Generated PCBs: Any importers of or manufacturers generating PCBs in excluded manufacturing process must maintain for a period of 3 years after ceasing process operations or importation, or for seven years, whichever is shorter, monitoring or analytical data used to determine compliance of import, manufacture, process, distribution in commerce, or use of chemicals containing inadvertently generated PCBs. The manufacturers' records must include the reaction(s) believed to be generating PCBs, the levels of PCBs generated, and the levels of PCBs released. Importer records must include the reaction(s) believed to be generating PCBs, the levels of PCBs generated, the basis for all estimations of PCB concentrations, and the name and qualifications of the person performing the analyses. Monitoring data must include the method of analysis, the results of the analysis, description of the plan matrix, names of the analysts, date and time of the analysis, and number for the lots from which the samples were taken [§§761.185(c)(2), (d), and .193(a) and (b)].
Subpart K -- PCB Waste Disposal Records and Reports
      (#101 - 102) Recordkeeping of Manifests and Certificates of Disposal: PCB waste generators must retain a written record of all manifests and telephone and other confirmations regarding manifesting communications, which are to be included in the annual document log, in accordance with §761.180 [§761.210(a)(3) and (e)(4)]. Each transporter, storer, and disposer must retain one copy of each manifest or shipping paper [§§761.211(d)(2), (e)(5), (f)(1)(iv), (f)(3)(ii), (f)(4)(ii), 761.213(a)(2)(v), and (b)(5)]. Each PCB waste-handling facility that initiates or receives a manifest must file and maintain a copy of each manifest. The generator of PCB waste shall keep a copy of each manifest until the generator receives a signed copy from the designated commercial storage or disposal facility that received the PCB waste. The generator, transporter, and owners/operators of the storage and disposal facilities shall keep a copy signed by the storer or disposer for at least three years from the date the PCB waste was accepted by the initial transporter [§761.214(a),(b), and (c)]. Generators and commercial storers of PCB waste must also maintain a copy of each Certificates of Disposal received from disposers [§761.218(c) and (d)].
Subpart T -- Comparison Study for Validating a New Performance-Based Decontamination Solvent Under §761.79(d)(4)
      (#103) Results of Validation Studies: Persons conducting studies to validate a new performance-based decontamination solvent must record the testing parameters and experimental procedures in standard operating practices and must affix in an appendix the results of the validation study [§761.398(c)].

                         TABLE A-4: REPORTING SCHEDULE
Ref. #
Regulatory Section(s)
Collection Requirement
Collection Schedule

40 CFR 761

                              Subpart A -- General

1

§761.(f)(1)(2), and (3)

Submit new reports or modifications to existing reports to qualify for manufacturing/import exclusions, pursuant to compliance with the reporting requirements of Subpart J.

Within 90 days of initiating a manufacturing process/import. Subsequent submission of information is required if a manufacturer significantly alters a production process, or to report periods of unusually high generation or release of PCBs. (See numbers 42 and 43)

                                Subpart B -- Use

2

§§761.20(b) and
 (c)(1) and (3)

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

On an as needed basis.

3

§761.30(a)(1)(vi)
and (vii); (xv)(D)

Register newly discovered PCB Transformers.

Within 30 days of identifying Transformer.

4

§§761.30(a)(2)(v)(C) and .30(h)(2)(v)(C)

Submit requests to reclassify equipment using alternate methods.

On an as needed basis.

5

§761.30(i)(1)(iii)
(A)(1) and (C)

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

Upon request of EPA.

6

§761.30(t)(3)

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

When planning use of system.

7

§761.35(b)

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

6 months prior to expiration.

Subpart D -- Storage and Disposal

8

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

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

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

9

§761.60(j)(1)(i)

Obtain an identification number for PCB R&D disposal.

When planning R&D for disposal.

10

§761.60(j)(1)(ii)

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

30 days prior to initiating R&D activity.

11

§761.60(j)(2)

Obtain a waiver to increase the volume or concentration of PCBs or duration of an R&D activity. R&D disposal approval may be required by the EPA Regional Administrator.

When needed.

12

§§761.61(a)(3)(i) and (ii)

Notify EPA (as well as state and local environmental officials) of self-implementing remediation activity. Additional information may be requested.

30 days prior to remediation.

13

§761.61(a)(3)(ii)

Notify EPA of changes to self-implementing remediation activities.

Within the 30-day notification period.

14

§761.61(a)(3)(iii)

Request a waiver of the notification requirement.

If remediation is needed.

15

§761.61(a)(8)(i)(B)

Submit certification that the deed notation for properties requiring a fence or cap has been recorded and includes the cap/fence notice.

Within 60 days of completion of remediation.

16

§761.61(c)(1)

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

Before alternative activity takes place.

17

§761.62(c)(1)

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

Before activity takes place.

18

§761.65(a)(2)

Provide information on continuing attempts to secure disposal. Request a one-year storage extension.

 30 days prior to disposal deadline.

19

§761.65(a)(3)

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

When needed.

20

§761.65(a)(4)

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

Before extension expires.

21

§761.65(c)(6)(i)(C)

Demonstrate that other containers for storage of PCB/radioactive wastes are protective of health and the environment.

When needed.

22

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

Prepare application for commercial storage approval. Notify EPA of facility modification, impending closure, and completion of closure.

When needed; 60 days before final is scheduled to begin; within 60 days of completion of closure.

23

§§761.65(e)(4)

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

When needed.

24

§761.65(g)(9)

Notify EPA of modifications to commercial storage facilities.

Within 30 days of facility modification.

25

§§761.65(j)

Demonstrate that a new commercial storage facility owner has established financial assurance for closure.

As of the date of final EPA approval. Submit new or amended commercial storage application as a result of change in ownership.

26

§§761.70(a)(8), (9); and (d)(5)

Obtain approval of alternate measures when regulatory requirements cannot be met for operating an incinerator used for incinerating PCBs.

When needed.

27

§§761.70(d)(8);
761.75(c)(7)

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

Within 30 days of transferring ownership.

28

§§761.71(a)(2) and
(b)(2)

Notify EPA of high efficiency boiler information, (e.g., HEB owner, address, and specifications).

Seek approval to burn liquids, other than mineral oil dielectric fluid in a high efficiency boiler.

One-time notification 30 days before initially burning mineral oil dielectric fluid (MODEF) in the boiler.

One-time approval prior to burning liquids.

29

§761.72(c)(2)

Notify EPA as a scrap metal recovery oven or smelter used to dispose of PCBs.

Before burning PCBs (Also see #44).

30

§761.72(c)(3)

Request approval to dispose of PCBs in an oven or smelter based on site-specific risk assessments, in lieu of meeting requirements listed in §761.72.

Before use of unit.

31

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

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

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

32

§761.77(a)(3)

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

Within 5 days of when changes are made.

33

§761.79(h)

Request approval of alternative decontamination or sampling methods.

When needed.

                            Subpart E -- Exemptions

34

§§761.80(e)(1) and (i)(1)

Submit R&D exemption petition to qualify for the class exemption for manufacturing PCBs for disposal and for processing and distributing PCBs and analytical reference samples derived from PCB waste.

60 days prior to activities.

35

§761.80(e), (i)(2)
and (n)

Submit certified letter to request renewal of certain exemptions.

6 months prior to expiration.

36

§§761.80(e)(3),
(g)(2) and (i)(4)

Obtain approval to exceed limits of the exemption.

60 days before manufacture of PCBs.

37

§761.80(e)(4)

Notify EPA in writing when R&D activities will include the manufacture of PCBs.

30 days prior to beginning R&D activities.

38

§§761.80(n)

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

When needed.

           Subpart F -- Transboundary Shipments of PCBs for Disposal

39

§§761.93(a) and .97(a)

Submit an exemption petition to import or export PCBs or PCB Items for disposal.

When needed (See #2).

                     Subpart G -- PCB Spill Cleanup Policy

40

§761.125(a)(1)(i) to (iii)

Report all spills to certain areas of 10 pounds or more to EPA (and spills involving 1 pound of PCBs to the National Response Center).

Within 24 hours of discovery.

                    Subpart J -- General Records and Reports

41

§§761.180(b), (b)(3), and (c)(5)

Submit annual reports for PCB wastes disposed of in a PCB disposal facility (including wastes disposed of by waste generators), and for wastes stored by commercial storage facilities.

By July 15 of each year for the previous calendar year.

41a

§761.180(g)

Provide records of PCB equipment reclassification, if requested, to EPA. Also see #68a.

Upon request.

42

§761.185

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

Within 90 days of having processes or imports for which such reports are required.

43

§761.187

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

When limits are exceeded.

              Subpart K -- PCB Waste Disposal Records and Reports

44

§§761.202(a); 205(a) to (c)

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

Prior to engaging in PCB waste handling activities.

45

§761.205(f)

Report changes in notifications previously submitted by PCB waste handlers.

Within 30 days of making a change.

46

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

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

Within 45 days of the events that trigger the report.

47

§761.215(c)

Submit Discrepancy Reports along with a copy of the manifest to EPA when the PCB waste received by a disposer is significantly different from the description on the manifest, and the discrepancy is not resolved after receiving the waste.

Within 15 days after receiving the unmanifested PCB waste.
48

No Longer Required

49

§761.216(a)
Submit Unmanifested Waste Reports (e.g., waste description, volume, disposition; date received; ID numbers of waste handlers for that waste) to EPA when disposers accept a shipment of PCB waste without an accompanying manifest, and the owner or operator of the commercial storage or disposal facility cannot contact the generator of the PCB waste

Within 15 days after receiving the unmanifested PCB waste.

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

50

§§761.395 and
761.398

Submit results of analysis and validation study to the Director, Office of Resource Conservation and Recovery.

Prior to the first use of a new solvent for alternate decontamination

                  TABLE A-5: THIRD-PARTY REPORTING SCHEDULE
Ref. #
Regulatory Section(s)
Collection Requirement
Collection Schedule

                                  40 CFR 761

Subpart B -- Use

51

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

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

Before accepting the first shipment of used oil.

52

§§761.30(a)(xi)
and (xv)(A) and
.30(h)(1)(ii)(B)

Notify National Response Center of PCB Transformer and PCB Voltage Regulator fires.

Immediately upon discovery of an incident.

53

§761.30(a)(1)
(xiv)

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

When discovering potential exposure to food or feed.

54

§761.30(a)(1)(xv)
(D)

Register PCB Transformers with the building owner.

Within 30 days of discovery of the PCB Transformer.

Subpart D -- Storage and Disposal

55

§761.60(a)(3)(ii)

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

Prior to disposal in the landfill.

56

§761.60(b)(5)(i)
(A)(1)

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

Before abandoning natural gas pipes.

57

§761.60(f)(1)(i)

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

At least 30 days before a facility is first used.

58

§761.60(f)(1)(ii)

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

At the request of the state or local governments.

59

§761.60(j)(1)(ii)

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

30 days prior to initiating R&D activity.

60

§761.60(j)(1)(vii)

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

Upon transport of waste.

61

§§761.61(a)(3)(i)

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

30 days prior to remediation and when additional information is requested.

62

§761.61(a)(5)(i)
(B)(2)(iv)

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

15 days prior to [first] shipment.

63

§761.61(a)(8)(i)
(A)

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

Within 60 days of completion of the cleanup activity.

64

§§761.62(b)(4)(i) and (ii) (See also §§761.357 and 359)

Provide notification to a receiving facility that does not have a commercial PCB storage/ disposal approval of a pending shipment of remediation or bulk product waste.

15 days in advance of the first shipment and with each shipment thereafter.

65

§§761.65(c)(1)
and (8)

Attach a notation to a PCB Item or PCB Container containing the item indicating the date the Item was removed from service for disposal, to be able to temporarily store the item/container in an area that does not comply with the storage requirements of paragraph (b) of this section.

When removed from service for disposal.

66

§761.65(i)(3)

Send information, instead of manifest, regarding the sample collector, laboratory, and date of sample shipment with sample.

When sending PCB samples to a laboratory for testing.

                     Subpart G -- PCB Spill Cleanup Policy

67

§761.125(a)(1)

Report spills involving 1 pound or more by weight of PCBs to the National Response Center (and all spills to certain areas or of 10 pounds or more to EPA).

Within 24 hours of discovery.

68

§761.125(c)
(2)(ii)

Place label or notice of PCB contamination at cleanup site.

When contaminated soil is cleaned up to 50 ppm PCBs and not 25 ppm.

                    Subpart J -- General Records and Reports

68a

§761.180(g)

Provide records of PCB equipment reclassification, if requested, to recipient of equipment. Also see #41a.

Upon request.

Subpart K -- PCB Waste Disposal Records and Reports

69

§§761. 210(b), (c), and (d)(1) and (2)

Send manifests to the next transporter

When generators ship PCB wastes.

70

§§761. 213(a)(2)(v) and (b)(4)

Send a copy of the manifest or shipping papers to the generator.

Within 30 days after delivery.

71

§§761.218(a) and (b)

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

Within 30 days after the disposal date.