4.  THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents/NAICS Codes

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

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

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

oil and gas producers (NAICS 211111)

manufacturers (NAICS 31-33)

line-haul railroads (NAICS 48211)

telecommunications (NAICS 513)

refuse systems (NAICS 562111)

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

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

Entities operating natural gas pipelines.

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

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

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

Other primary respondents include:

trucking and warehousing (storage) (NAICS 484)

sanitary services (incinerators, landfills) (NAICS 5622)

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

Administrators of Environmental Quality Programs (NAICS 924)

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

alkalies and chlorine (NAICS 325181)

inorganic pigments (NAICS 325131)

plastic materials and resins (NAICS 325211)

synthetic rubber (NAICS 325212)

organic fibers non-cellulosic (NAICS 325222)

other chemicals and allied products (NAICS 3259981)

adhesives and sealants (NAICS 32552)

printing ink (NAICS 32591)

chemical preparations (NAICS 325998)

rubber and miscellaneous plastic products (NAICS 326)

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

4(b)	Information Requested

(i)  Data Items

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

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

40 CFR 761

Subpart A - General

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

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

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

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

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

(#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 RA or the Director, National Program Chemicals Division (NPCD),
at EPA, if the contaminated pipe is located in more than one Region.
EPA expects the reporting burden to be minimized as the regulations
allow for the use of historical data regarding these requirements (e.g.,
sampling and analyses data and reports of actions taken to reduce PCB
levels) [§761.30(i)(1)(iii)(A)(1)].

(#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, National
Program Chemicals Division, 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 2003, which makes
these approvals valid through 2008.  The next approval period will occur
during this ICR period.

Subpart D - Storage and Disposal

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

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

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

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

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

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

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

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

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

(#18 - 20)  Exceeding Storage Limitations for PCB Wastes: A mechanism
has been established for automatically extending the 1-year storage for
disposal deadline for another year based on an adequate justification.
Any person storing PCB waste that is subject to the 1-year time limit
for storage and disposal may provide written notification to the RA that
their continuing attempts to dispose of or secure disposal for their
waste within the 1-year time limit have been unsuccessful.  For the
automatic extension of the 1-year time frame, EPA must receive the
notification at least 30 days before the initial 1-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
1-year time limit [§761.65(a)(2)].

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

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

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

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

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

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

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

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

(#28)  High Efficiency Boiler Approval: Thirty days before any person
burns mineral oil dielectric fluid in high efficiency boilers, the
person must give a 1-time written notice to the RA, including
information on the owner and location of the boiler, boiler
specifications, and associated equipment.  To burn liquids other than
mineral oil dielectric fluids, at a PCB concentration of 50 to 500 ppm,
boiler owners must first obtain an approval of the EPA RA for the EPA
Region in which the boiler is located.  The request to the RA must
include at least the following: name and address of owner/operator of
boiler and address of boiler, boiler rating in units of BTU/hour, carbon
monoxide concentration and oxygen percentage in the stack when boiler is
operated, type of equipment and procedures used to control feed and
monitor emissions, type of waste to be burned, concentration of PCBs and
other chlorinated hydrocarbons in the waste, estimate of the amount of
waste to be burned in a 30-day period, and an explanation of the
procedures to be followed to ensure that the burning of the waste will
not adversely affect the operation of the boiler such that combustion
efficiency will decrease [§§761.71(a)(2) and (b)(2)].

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

(#31 - 32)  TSCA Coordinated Approval: Persons seeking a TSCA PCB
coordinated approval may submit a request for approval to the RA at the
same time they seek a permit approval or other action for a PCB waste
management activity under any other Federal or State authority.  The
request for coordinated approval shall include a copy of the
confirmation of the EPA identification number, information regarding a
point of contact at the other permitting authority, description of the
waste activities to be conducted (or a copy of the waste management
document, if one has been issued), and a certification that the
requestor will adhere to the TSCA PCB reporting and recordkeeping
requirements [§761.77(a)(1)].  The RA may request additional
information to remedy a deficiency in the waste management activities
[§761.77(a)(1)(ii)(A)(1)].  If the RA determines that conditions of the
coordinated approval are not being met, the RA may require the person to
whom the coordinated approval was issued to submit an application for a
TSCA PCB approval [§761.77(a)(2)].  Any person with a coordinated
approval must notify the RA in writing within 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 RA.  Each
decontamination application must describe the material to be
decontaminated and the proposed decontamination method, and must
demonstrate that the proposed method is capable of decontaminating the
material to the applicable level set out in §761.79(b)(1) through (4).
Each application must describe in writing the material to be
decontaminated and the proposed self-implementing decontamination
method, and must include a proposed validation study to confirm
performance of the method.  Each sampling application must contain a
description of the material to be decontaminated, the nature and PCB
concentration of the contaminating material (if known), the
decontamination method, the proposed sampling procedure, and a
justification for how the proposed sampling is equivalent to or more
comprehensive than the sampling procedure required under §761.79(f) of
this section.  EPA may request additional information it believes to be
necessary to evaluate the application [§761.79(h)(1) to (4)].

Subpart E - Exemptions

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

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

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

Subpart F - Transboundary Shipments of PCBs for Disposal

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

Subpart G - PCB Spill Cleanup Policy

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

Subpart J - General Records and Reports

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

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

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

(#43)  Notification When PCB Releases Exceed Limits: Owners/operators of
excluded manufacturing processes must report to EPA the total quantity
of inadvertently generated PCBs released into the air and or water from
these processes when the total quantity of each type of release in any
calendar year exceeds 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 RA.  A disposer shall submit a One-Year Exception Report to EPA
within 45 days from the end of the 1-year storage for disposal date when
the facility receives the PCBs on a date more than 9 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 1-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 that 1 year after the date the waste was
removed from service [§§761.208(a)(4); .215(b) to (d)].

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

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

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

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

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

40 CFR 761

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

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

ltage Regulators (containing ≥500 ppm PCBs) must report any
fire-related incidents involving this equipment and the release of PCBs
to the National Response Center (NRC).  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 NRC 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 an exposure risk to
food or feed must notify the owner of the Transformer
[§761.30(a)(1)(xiv)].

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

Subpart D - Storage and Disposal

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

e-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)].

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

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

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

Subpart G - PCB Spill Cleanup Policy

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

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

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

Subpart K - PCB Waste Disposal Records and Reports

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

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

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

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

40 CFR 761

Subpart A - General

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

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

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

(#74)  Records of PCB Transformer Registration, Inspection, and
Maintenance: Individuals are required to retain a copy of the
transformer registration and the return receipt signed by the EPA and
records of inspection and maintenance history for a period of 3 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 3 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 3 years after the PCB concentrations
have been reduced to below regulated levels.  EPA expects the
recordkeeping burden to be minimal as the regulations allow for use of
historical data.  Owners or operators of natural gas pipeline systems
that do not include sources of PCB contamination (e.g., natural gas
compressors, natural gas scrubbers, and natural gas filters) containing
≥50 ppm PCBs also must comply with the  recordkeeping requirements
[§§761.30(i)(1)(iii)(B) and (C)].

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

Subpart C - Marking

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

Subpart D - Storage and Disposal

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

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

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

(#82)  Records of Remediation Cleanup Activities: For the cleanup of
bulk PCB remediation waste, non-porous surfaces, porous surfaces, and
liquids, site owners must keep records as per §761.125(c)(5) for a
period of 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 3
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 1-year extension to store
waste beyond the 1-year deadline for disposal if certain conditions are
met.  One of the conditions is that the individual must maintain a
written record of his efforts to secure disposal capacity until the
waste is disposed.  These records must be made available for inspection
by the EPA [§§761.65(a)(2)(ii),and (3)].

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

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

≥50 ppm [§§761.65(c)(10) and .180].

(#89)  Incinerator Records: Owners and operators of incinerators must
keep records 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 3 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 3 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 3 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 3 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 7 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 [§761.208(a)].  Each transporter, storer, and disposer must
retain one copy of each manifest or shipping paper [§§761.208(b) and
(c)].  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 3 years
from the date the PCB waste was accepted by the initial transporter
[§761.209(a) to (d)].  Generators and commercial storers of PCB waste
must also maintain a copy of each Certificates of Disposal received from
disposers [§761.218(c)].

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)].

(ii)  Respondent Activities

Typical respondents include: manufacturers, processors, distributors of
PCBs in commerce; owners of PCB-contaminated equipment and PCB Items;
PCB waste generators, transporters, commercial storers, and disposers
(i.e., PCB waste handlers); owners/operators of laboratories; and other
users of PCBs.  All respondents must read the rule and determine which
provisions are applicable to their operations; plan and modify their
procedures to come into compliance with the rule; provide training to
appropriate staff; process, compile, and review information for accuracy
and appropriateness; and record, disclose, and/or report the required
information.  Specific responsibilities for each type of respondent are
as follows:

Manufacturers, Processors, Distributors in Commerce of PCBs: Individuals
who are included in the manufacturing exclusions must gather and
document data on raw materials and intermediates used in the
manufacturing process; analyze the reactions and conditions at issue;
survey the facility site and specific equipment to determine and
document where and to what extent PCBs could be released into air,
water, and end products.  Individuals who seek exemptions from the
manufacturing, processing, or distribution in commerce bans must
document the amount of PCBs affected by the exemption request; describe
the manufacturing/processing/distribution in commerce processes; comply
with additional statutory requirements of TSCA section 6(e)(3)(B);
quantify the economic consequences of an exemption denial; and provide
specifics about servicing and use activities, develop certification
statements, and complete other paperwork.

Owners of PCB Items and PCB-Contaminated Equipment: There are various
requirements for owners of the many different types of PCB Items.
Owners of newly discovered PCB Transformers must register their
Transformers with EPA and building owners, providing information on the
number of PCB Transformers, their locations, and his or her name,
address, telephone number and signature, or that of the authorized
representative, which certifies the accuracy of the submitted
information.  Owners of these PCB Transformers must record inspection
and maintenance information and file and maintain the data and
information in the annual log about any transfer of ownership of a PCB
Transformer.  Owners of reclassified transformers, voltage regulators,
electromagnets, and switches must maintain records showing that they
followed the required reclassification procedures.  When testing is
required, equipment owners must keep records of the pre-and
post-reclassification PCB concentration measurements.  They must also
provide records of the reclassification procedure to EPA and recipients
of the equipment, upon request.

Individuals who discover fire-related incidents that result from a
rupture of a PCB Transformer or PCB Voltage Regulator must report the
incident to the National Response Center.  Owners of PCB Items
distributed in commerce for reuse must retain records in the annual
document log of any transfers of ownership.  Owners of large capacitors
located in protected locations who choose not to mark these units
individually must maintain records for identifying the Capacitors.

Owners of PCB Articles stored for reuse must maintain records of the
Articles.  Some owners of PCB Items may want to obtain approval to store
equipment for disposal beyond the current 1-year limit, or to exceed the
5-year limit for the storage of equipment for purposes of reuse.  In
those cases, they would be required to contact the appropriate RA and
compile and submit the requisite information.  Utilities and other
owners of PCB-contaminated equipment must create or modify their Spill
Prevention, Control, and Countermeasure Plan (SPCC)  if temporarily
storing PCB liquids.  Owners of PCB Items (in addition to PCB
Transformers) are also required to record and maintain records of
inspection, maintenance activities, cleanup, disposal, and certain
decontamination activities.  When PCB Items are removed from service for
disposal, the owners of the Items must place the date on the item.

When owners of PCB Items generate wastes that must be handled as a PCB
remediation or bulk product waste, they will need to determine which of
the available disposal options (i.e., self-implementing,
performance-based, or risk-based options) should be used to address
their disposal needs.  These disposal options will require compliance
with various reporting and recordkeeping requirements.

PCB Waste Handlers: PCB waste handlers must respond to the notification
requirements by filling out a brief one-time form (EPA Form 7710-53)
(see Appendix D) and filing and maintaining the information.
Individuals who handle PCB-Contaminated liquid wastes must notify
chemical waste landfill owners of the certain specified properties of
the waste, and the landfill must obtain written approval from the RA
before disposing of these wastes.  Individuals disposing of PCB waste,
such as in a high efficiency boiler, must notify the RA about the
activity.

Waste handlers attempting to secure disposal must maintain records of
these attempts to be granted an automatic one-year extension to store
wastes beyond the one-year deadline for disposal.  If waste handlers
change their waste-handling activities, they are also required to file
an amended TSCA PCB notification form (EPA Form 7710-53, Appendix D),
which provides information on the amended activity.

To handle PCB remediation wastes under the self-implementing option,
site owners must notify the RA and other authorities about the
remediation activities and submit a written certification to the RA that
site sampling and waste characterization plans are on file at a
specified location.  Generators of bulk PCB remediation waste must
provide written notice to off-site waste handling facilities about the
quantities that will be shipped to the facilities and the highest
concentration of PCBs in the shipment.  Property owners with remediation
sites that require the use of a fence or a cap must submit to EPA a
certification that the property deed has a notation to that effect.  The
recordkeeping activities for individuals using the self-implementing
remediation provisions for disposing of PCB remediation waste include
retaining written waivers received from EPA or other authorities for 5
years, maintaining records of sampling plans and characterization
procedures, recording in the deed any sites that require the use of a
fence or cap, and keeping records of cleanup activities for 5 years.
PCB waste handlers are required to record and maintain records, such as
calculations used and validation and sampling results, on certain
decontamination activities.

Any person using the risk-based disposal option to dispose of PCB bulk
product waste must apply in writing to EPA to do so.  Persons handling
PCB bulk product waste must maintain records of sampling and analysis
for 3 years.  Any person with a spill involving one pound or more of
PCBs must report the spill to the National Response Center.

PCB waste generators must provide manifests and/or shipping papers that
will accompany the waste shipment to the transporters and to the
disposers.  When a generator uses an independent transporter, he or she
must confirm either by phone or some other convenient means that the
receiving PCB storage and/or disposal facility actually received the
wastes.  Generators, storers, transporters, and disposers must sign and
retain copies of the manifests when they handle a shipment of PCB waste.
 Generators must submit exception reports to EPA when they fail to
receive confirmation from the disposer that a shipment of PCB waste has
been properly disposed of.

Persons seeking coordinated approval for their waste-handling activities
are required to submit requests for approval to the RA.  These
individuals are required to adhere to recordkeeping and reporting
requirements, submit additional information as required by EPA, or
submit an application for a TSCA PCB approval, and notify the RA of any
changes relating to the waste management documents that serve as the
basis for the coordinated approval.

Owners and Operators of PCB Disposal Facilities: These respondents are
expected to complete the EPA approval process: develop a description and
a plan for a demonstration of the system; conduct demonstration and
complete an analytical assessment of the results; and record/disclose
information; submit a demonstration report; and develop standard
operating procedures, a closure plan and financial assurance that cover
the closure costs of the facility.  Operators of approved chemical waste
landfills, incinerators, or alternate PCB disposal technologies must
also notify State and local officials prior to the first use of the
technology, and if requested by a State or local government, provide
annual notice of the quantities and types of PCBs disposed of during the
year.

Owners/operators of incinerators must keep records regarding the PCBs
fed into the incinerator and the operating conditions of the equipment.
Owners of chemical waste landfills must collect and analyze samples of
surface and ground water at EPA-approved locations.  To dispose of
residual PCB waste in a scrap metal recovery oven or smelter, the owner
must obtain a permit or have the unit approved by the RA, and comply
with applicable reporting requirements of Subparts J and K, such as
recording operating temperatures.  Persons burning PCB liquids in high
efficiency boilers must retain records of the quantities burned, waste
analysis results, and operational conditions of the boiler.

Owners and operators of PCB disposal facilities are required to submit
annual reports to EPA.  PCB waste disposers must submit unmanifested
waste reports to EPA when they accept a shipment of PCB waste without an
accompanying manifest.  Disposers also must submit discrepancy reports
when the PCB waste they receive for disposal does not match the
description of the manifest that accompanies it.  Owners/operators of
disposal facilities must submit Certificates of Disposal to waste
generators when a disposal is complete for each item on a manifested
waste shipment.  The disposers must maintain all of the above records.
Owners/operators of PCB disposal facilities also are required to attempt
to contact the generator when they receive a shipment of PCB waste that
does not include a manifest.

Owners/Operators of Commercial Storage Facilities: These respondents
must complete the EPA approval process; i.e., submit closure plans and
financial assurances to EPA.  They must notify the appropriate RA when
it is necessary to exceed the 1-year storage limitation, to modify the
facility, or amend the financial assurance mechanism.  For subsequent
extensions to the storage limitations, the requestor must submit
specific justification for the extension and indicate measures he is
taking to secure disposal.  Owners of commercial storage facilities must
record and maintain records associated with PCB equipment inspections
and cleanups.  They must also submit a summary report to EPA of the type
and quantity of PCB wastes that were managed at the facility during the
preceding year.  Commercial storers of PCB wastes must submit Exception
Reports when they transfer the PCBs or PCB Items to the disposer within
9 months from the date of removal of the Item from service or when they
have not received within 13 months from the date of removal from service
for disposal a Certificate of Disposal confirming the disposal of the
Item, as applicable.

Users of PCB waste storage containers can use containers other than
those prescribed by ANSI for nuclear criticality safety if the user
demonstrates that such containers are protective of human health and the
environment.  Managers of large bulk PCB storage containers shall have a
record that includes for each batch of PCBs the quantity of the batch
and the date the batch was added to the container.

If owners of storage facilities change their waste-handling activities,
they would also be required to file an amended TSCA PCB notification
form.  EPA will approve changes in ownership of storage facilities if
the transferee has established financial assurance for closure and the
transferor has resolved any deficiencies, such as with operations,
closure plans, and cost estimates.

Owners/operators of PCB commercial storage facilities are required to
attempt to reconcile, with either the generator and/or transporter any
significant discrepancy in the manifest.  Owners/operators of PCB
commercial storage facilities are required to attempt to contact the
generator when they receive a shipment of PCB waste that doesn’t
include a manifest.

Laboratories: Persons conducting R&D on PCB disposal are required to
obtain an EPA identification number and notify EPA and other authorities
before conducting the R&D activities.  R&D facilities must also manifest
wastes, as applicable, and submit requests to EPA when exceeding the
specified limits for the PCBs used.  R&D facilities can also submit
requests for extensions in the duration of the activity.  Facilities can
submit exemption petitions to qualify for the class exemptions to
manufacture PCBs for disposal-related R&D activities or to process or
distribute PCBs or PCB analytical reference samples derived from waste
materials.  Facilities seeking the exemption must maintain records of
the activities for the annual log.  Laboratories conducting
self-implementing R&D for disposal activities must maintain annual
records, as well.

R&D facilities seeking coordinated approvals may submit requests for
approval to the RA.  They are required to adhere to recordkeeping and
reporting requirements, submit additional information as required by EPA
or submit an application for a TSCA PCB approval, and notify the RA of
any changes relating to the waste management documents that serve as the
basis for the coordinated approval.

Operators of laboratories who wish to exceed quantity limitations for
the manufacture, processing, or distribution in commerce of PCBs will
have to submit requests to EPA.

Other Individuals (i.e., Users of PCBs): Owners of PCB-Contaminated
natural gas pipeline systems who sell or distribute natural gas, can use
these systems if they keep records of sampling and analysis results and
actions taken to reduce the PCB concentrations to below regulated levels
and submit a description of the system to EPA, if requested.  Owners of
natural gas pipelines must also include the system in public service
notification programs, which inform landowners that they should contact
the utilities before beginning any excavation work on their property.
Owners of other PCB-contaminated gas liquid systems must obtain the
consent of the EPA (Director, National Program Chemicals Division) to
use the systems.

 Persons burning for energy recovery used oil or liquids containing PCBs
<50 ppm from a natural gas pipeline system must keep records of each
certification notice, and marketers of these liquids must retain records
related to transactions that they claim do not contain detectable PCBs.
Other users of PCBs may have to deal with remediation waste or PCB bulk
waste disposal issues.  In that event, they will need to determine which
of the available options (i.e., self-implementing, performance-based,
leachability or risk-based) could be used to address their disposal
needs.  These disposal options will require compliance with various
reporting and recordkeeping requirements.

5.  THE INFORMATION COLLECTION — AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	Agency Activities

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

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

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

Pursuant to the use authorization for PCB Transformers, EPA staff
created and presently maintains the PCB Transformer Database.  Staff
presently process registrations for newly discovered PCB Transformers.
As Agency resources permit, EPA also updates the database to include
additional information voluntarily submitted by PCB Transformer owners
on the current status of PCB Transformers previously registered.  This
supplemental data is not required or solicited by EPA.  On an “as
requested basis,” EPA resources provide information from the PCB
Transformers Database to environmental and emergency response officials.
 EPA also has placed these data on the Internet.

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

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

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

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

Attend demonstrations.

Grant/deny approval.

Store the data.

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

5(b)	Collection Methodology and Management

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

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

5(c)	Small Entity Flexibility

Small businesses are not exempt from the PCB regulations under TSCA, and
the information collections will affect all entities, regardless of
size, that own or use PCBs or PCB-containing equipment and generate PCB
waste.  The potential health ramifications necessitate equal reporting
and recordkeeping requirements for all persons, and due to heightened
awareness and concern for proper PCB disposal practices, the potential
human and environmental risk necessitates equal disclosure by all
applicants regardless of size.  While all practical steps have been
taken to minimize the reporting and recordkeeping burdens, the
requirements imposed are the minimum necessary to maintain proper
accountability for the disposition of the PCBs.  These requirements
assist EPA in meeting its statutory obligation to make a finding of no
unreasonable risk for an authorized activity and determining, for
example, whether a petitioner is eligible to receive the benefit of an
approval, exemption, or exclusion.  In general, while the reporting and
recordkeeping requirements impose additional obligations on small
businesses, these requirements are of a conventional nature that should
be familiar to businesses, and are no more burdensome than conventional
standard business practices.  In addition, some requirements overlap
with sound business practices, such as periodically inspecting valuable
equipment, maintaining an inventory of property and other basic
recordkeeping.

Small organizations will usually handle smaller volumes of PCBs than
larger entities, thereby minimizing their reporting and recordkeeping
burdens.  The complexity of toxic material disposal and the required
financial assurance to ensure against environmental liabilities seem to
deter smaller businesses from engaging in disposal facility enterprises
(e.g., it is economically infeasible).  In another example, the majority
of PCB Transformers subject to these requirements are located in large
industrial and utility locations, as PCB Transformer use is associated
with high-voltage applications.  Therefore, fewer small businesses are
likely to own many PCB Transformers because of the nature of their
application as well as significant costs associated with the initial
purchase of the equipment and the long-term expense for operation and
maintenance.  Moreover, even assuming that PCB Transformers are as
likely to be owned by small entities as larger firms, the overall
regulatory cost remains very small.

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

Small Entities Affected by the PCB Regulations

Small business entities may include both those in the public and private
sectors, and not-for-profit organizations as well as for-profit
entities.  The Regulatory Flexibility Act identifies three classes of
small entities of special concern:

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

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

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

Entities generating PCB wastes comprise the following classes:

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

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

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

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

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

Cleanup of Superfund sites and other hazardous waste sites may generate
PCB-contaminated materials.

Electric Utilities: It has been estimated that 60 to 70 percent of the
PCBs produced were used in dielectric fluid for transformers and
capacitors.  Thus, such high-voltage equipment, including askarel and
mineral oil transformers and large PCB Capacitors, represents a major
source of PCB waste generation.  EPA studies of the numbers of such
equipment in use assumed that utilities owned 30 percent of the askarel
transformers, 80 percent of the mineral oil transformers, and 90 percent
of the large PCB capacitors, with the remainder owned by non-utility
industrial enterprises (U. S. EPA, 2004a).  In 2003, EPA estimated that
3,170 utilities might own PCB and PCB-contaminated electrical equipment
(U.S. EPA, 2003). The SBA small-entity definition for the electric
utility industry includes entities producing 4 million megawatt-hours of
electricity sales or less.  Small publicly owned utilities are those
owned by government bodies with a population of less than 50,000.

Other Industrial Sectors: The available evidence suggests that PCB waste
generation related to contaminated electrical equipment, fluorescent
light ballasts, and other PCB wastes, is common throughout a number of
industrial sectors.  The 1989 EPA study, based on Arkansas, New York,
and California state information about PCB waste generators, identified
oil and gas production (NAICS 211111), manufacturing (NAICS 31-33),
line-haul railroads (NAICS 48211), telephone communications (NAICS 513),
and refuse systems (NAICS 562111) as accounting for over 90 percent of
the non-utility, private sector PCB waste generators.  Information on
PCB waste generators for New York and California indicate that a large
proportion of non-utility PCB waste generators fall within NAICS codes
211, 31-33, 335, and 562.  These industries are expected to account for
most of the PCB wastes associated with the disposal of electrical
equipment.  Hospitals (NAICS 62211) and colleges and universities (NAICS
61131) are also likely to have high-voltage electrical equipment of the
type associated with PCB contamination and thus should be included
within the class of PCB waste generators associated with such equipment.
 This assumption is corroborated by the inclusion of such establishments
among the New York hazardous waste generators listed as disposing of PCB
transformers and capacitors.  The specific description of the wastes for
each generator provided by the New York data also confirms the belief
that wastes associated with fluorescent light ballasts are generated by
establishments throughout the private and public sectors.

EPA used this information about the industrial pattern of PCB waste
generation to develop industry-specific estimates of the number of
establishments that might have PCB and PCB-Contaminated Electrical
Equipment.  Based on a previous study of the electric utility industry,
EPA estimated that 0.3 percent of electric utility customers receives
power at high voltage levels (ERG, 1993).  High-voltage customers in
most cases have transformers, capacitors, and other equipment necessary
to transform the voltages and distribute electricity within their
premises.  That study also estimated that 85 percent of such
establishments own their own high-voltage transformation equipment, the
remainder using transformation equipment provided or leased to them by
their utility company.

Previously, EPA estimated that approximately 50,000 industrial
establishments have affected equipment (U.S. EPA, 2003).  While the
likelihood of owning the regulated equipment increases for high-voltage
customers, it is not the only characteristic that is relevant.
Low-voltage distribution equipment can also be PCB-contaminated.

EPA distributed the affected establishments among industries using
judgments of the distribution of high voltage equipment among 3-digit
NAICS industries.  Thus, while an establishment need not be a
high-voltage customer to be affected by the regulations, the likelihood
of being a high-voltage customer was considered the best indicator of
whether the establishment would be using PCB-containing equipment.  The
methodology included the following judgments.  First, the industries
were stratified according to whether they would include a substantial
number (high prevalence), relatively few (low prevalence), or a
negligible number of high-voltage users.  Second, high-prevalence
industries were judged to account for two-thirds of the list of
high-voltage users.  The 50,000 affected establishments were then
distributed among industries within these two groups on the basis of the
overall distribution of establishments.  The results of this
distribution methodology are shown in Table 3-2 of the Draft Analysis of
the Cost Impacts of Potential Amendments to the PCB Regulations at 40
CFR 761 (U.S. EPA, 2003).

For most NAICS industries, SBA classifies small entities by employment
size.  Depending upon the industry, entities with fewer than 500, 750,
or 1,000 employees are classified as small businesses.  For most of the
remaining industries, small firms are classified by revenue size.  To
estimate the number of small entities for these industries, average
revenues per entity were calculated for each employment size category in
each six-digit NAICS code.  The average revenue per entity for
employment size classification in each NAICS code was then compared to
the SBA small business definition.  All entities in size classifications
falling below the small business definition were counted as small
businesses.

Table 3-3 in the Draft Analysis of the Cost Impacts of Potential
Amendments to the PCB Regulations at 40 CFR 761 presents estimates of
the number of entities in each industry that own affected equipment
(U.S. EPA, 2003).  These estimates are based on the distribution of
high-voltage equipment establishments and assume that the frequency of
high-voltage equipment ownership among entities is the same among
establishments.  Also, small entities are assumed to be as likely to won
high-voltage equipment as larger firms, an assumption that may result in
an overstatement of the actual number of small entities that own such
equipment.  Of the estimated 9,490 entities with high-voltage equipment,
1,928 are electric utilities.  Electric utilities account for 1,840 of
the 9,053 small entities with high-voltage equipment. Additionally,
since this in-depth analysis was conducted, companies have disposed of
approximately 3 percent annually of PCB equipment (U.S. EPA, 2005b),
indicating that the number of small businesses being impacted continues
to decrease.

5(d)	Collection Schedule

Most of the reporting activities are triggered by specific events or on
an as needed basis rather than by specific dates, as shown on Table 5-1
and 5-2.

TABLE 5-1

REPORTING SCHEDULE FOR ICR 1446.09, SECTION 5(d)

Ref.  #	Regulatory Section(s)  	Collection Requirement 	Collection
Schedule

40 CFR 761

Subpart A—General

1

§761.(f)(1)(2), and (3)

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

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

Subpart B—Use

2

§§761.20(b) and

 (c)(1) and (3)

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

On an as needed basis.

3

§761.30(a)(1)(vi)

and (vii); (xv)(D)

Register newly discovered PCB Transformers.

Within 30 days of identifying Transformer.

4

§§761.30(a)(2)(v)(C) 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)

For gas pipeline systems owned/operated by a seller or distributor of
natural gas, submit a description of the systems that contain  >50 ppm
PCBs.

Upon request of the RA.

6

§761.30(t)(3)

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

When planning use of system.

7

§761.35(b)

Obtain RA approval for an extended storage for reuse period.

6 months prior to expiration.

Subpart D—Storage and Disposal

8

§§761.60(e) and

(i)(2), .70(a), (b),

and (d), and

.75(b)(7), (b)(8)(ii),

and (c)

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

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

9

§761.60(j)(1)(i)

Obtain an identification number for PCB R&D disposal.

When planning R&D for disposal.

10

§761.60(j)(1)(ii)

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

30 days prior to initiating R&D activity.

11

§761.60(j)(2)

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

When needed.

12

§§761.61(a)(3)(i) and (ii)

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

30 days prior to remediation.

13

§761.61(a)(3)(ii)

Notify EPA of changes to self-implementing remediation activities.

Within the 30-day notification period.

14

§761.61(a)(3)(iii)

Request a waiver of the notification requirement.

If remediation is needed.

15

§761.61(a)(8)(i)(B)

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

Within 60 days of completion of remediation.

16

§761.61(c)(1)

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

Before alternative activity takes place.

17

§761.62(c)(1)

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

Before activity takes place.

18

§761.65(a)(2)

Provide information on continuing attempts to secure disposal.  Request
a 1-year storage extension.

 30 days prior to disposal deadline.

19

§761.65(a)(3)

Submit request for additional extensions beyond the initial 1-year
extension, including justification and information on measures taken to
secure disposal.

When needed.

20

§761.65(a)(4)

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

Before extension expires.

21

§761.65(c)(6)(i)(C)

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

When needed.

22

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

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

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

23

§§761.65(e)(4)

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

When needed.

24

§761.65(g)(9)

Notify EPA of modifications to commercial storage facilities.

Within 30 days of facility modification.

25

§§761.65(j)

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

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

26

§§761.70(a)(8), (9); and (d)(5)

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

When needed.

27

§§761.70(d)(8);

761.75(c)(7)

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

Within 30 days of transferring ownership.

28

§§761.71(a)(2) and

(b)(2)

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

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

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

One-time approval prior to burning liquids.

29

§761.72(c)(2)

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

Before burning PCBs (Also see #44).

30

§761.72(c)(3)

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

Before use of unit.

31

§§761.77(a)(1)(i),

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

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

When seeking coordinated approval; when requested by the RA.

32

§761.77(a)(3)

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

Within 5 days of when changes are made.

33

§761.79(h)

Request approval of alternative decontamination or sampling methods.

When needed.

Subpart E—Exemptions

34

§§761.80(e)(1) and (i)(1)

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

60 days prior to activities.

35

§761.80(e), (i)(2)

and (n)

Submit certified letter to request renewal of certain exemptions.

6 months prior to expiration.

36

§§761.80(e)(3),

(g)(2) and (i)(4)

Obtain approval to exceed limits of the exemption.

60 days before manufacture of PCBs.

37

§761.80(e)(4)

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

30 days prior to beginning R&D activities.

38

§§761.80(n)

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

When needed.

Subpart F—Transboundary Shipments of PCBs for Disposal

39

§§761.93(a) and .97(a)

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

When needed (See #2).

Subpart G—PCB Spill Cleanup Policy

40

§761.125(a)(1)(i) to (iii)

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

Within 24 hours of discovery.

Subpart J—General Records and Reports

41

§§761.180(b), (b)(3), and (c)(5)

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

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

41a

§761.180(g)

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

Upon request.

42

§761.185

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

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

43

§761.187

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

When limits are exceeded.

Subpart K—PCB Waste Disposal Records and Reports

44

§§761.202(a); 205(a) to (c)

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

Prior to engaging in PCB waste handling activities.

45

§761.205(f)

Report changes in notifications previously submitted by PCB waste
handlers.

Within 30 days of making a change.

46

§§761.208(a)(4)

and .215(b)

to (d).

Submit Exception Reports to EPA, as specified in §761.215(b) to (d),
when PCB waste generators, disposers, and/or commercial storers do not
receive confirmation that a shipment of a PCB waste has been properly
disposed of.

Within 45 days of the events that trigger the report.

47

§761.210(b)

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

Within 15 days after receiving the unmanifested PCB waste.

48

§761.211(b)

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

Upon receiving unmanifested waste and unable to contact the generator.

49

§761.211(c)

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

Within 15 days after receiving the unmanifested PCB waste.

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

50

§§761.395 and

761.398

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

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

TABLE 5-2

THIRD-PARTY REPORTING SCHEDULE FOR ICR 1446.09, SECTION 5(d)

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 NRC of PCB Transformer and PCB Voltage Regulator fires.

Immediately upon discovery of an incident.

53

§761.30(a)(1)

(xiv)

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

When discovering potential exposure to food or feed.

54

§761.30(a)(1)(xv)

(D)

Register PCB Transformers with the building owner.

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thin 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 NRC
(and all spills to certain areas or of 10 pounds or more to EPA).

Within 24 hours of discovery.

68

§761.125(c)

(2)(ii)

Place label or notice of PCB contamination at cleanup site.

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

Subpart J—General  Records and Reports

68a

§761.180(g)

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

Upon request.

Subpart K—PCB Waste Disposal Records and Reports

69

§§761.207(a) and

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

Send manifests to the next non-rail transporter and the owner or
operator of the designated commercial storage or disposal facility.

When generators ship PCB wastes by rail or in bulk.

70

§§761.208(c)(1)(iv) and (c)(2)(iv)

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.

 The Census Bureau’s Statistics of U.S. Businesses does not classify
entities in size groups beyond the size group of ‘greater then 500
employees’. Consequently, entities, establishments, employees, or
revenues in size groups of fewer than 750 or 1000 employees cannot be
allocated. For these size standards, data for entities with fewer than
500 employees were used as a conservative estimate.

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

TABLE 5-1, continued

REPORTING SCHEDULE FOR ICR 1446.09, SECTION 5(d)

TABLE 5-2, continued

THIRD-PARTY REPORTING SCHEDULE FOR ICR 1446.08, SECTION 5(d)