Subpart D   Storage and Disposal (# 79/ 1729) 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.

This is not a new requirement, but may affect R& D facilities that conduct treatability studies [ § 761.60( j)( 1)( ix)].

(# 80/ 1729) 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/ 1729) 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/ 1729) 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 4 26 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/ 1729) 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/ 1729) Attempts to Secure Disposal : The regulations include a provision which 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/ 1729) 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 will be necessary when an individual has not previously stored liquid PCBs on a temporary basis. [ § § 761.65( c)( 1)( iv) and ( 7)( ii)].

(# 87/ 1729) Records of PCB Items in Stationery Storage Containers: PCB Items shall be dated when removed from service for disposal. For each batch of PCBs added to storage containers, as per § 761.65( c)( 7), owners of the containers shall maintain a record that includes the quantity of the batch and date the batch was added to the container. The record shall also include the date, quantity, and disposition of any batch of PCBs removed from the container [ § 761.65( c)( 8)].

(# 88) Records of Storage for Disposal of PCBs and PCB Items: Owners/ operators of commercial storage facilities must establish and maintain records, as per § 761.180, for the storage and disposal PCBs and PCB Items $ 50 ppm [ § § 761.65( c)( 10) and .180]. 4 27 (# 89) Incinerator Records: Owners and operators of incinerators must keep records 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/ 1729) 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: 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/ 1729) 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 1,000 ° 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 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/ 1729) 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 4 28 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/ 1729) 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/ 1446, 1729) 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 4 29 document log for 5 years after the facility ceases. 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/ 1001) 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/ 1446) 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 4 30 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)]. 4 31 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 performancebased 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 PCB Transformers must register their Transformers with EPA, 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 4 32 the accuracy of the submitted information. Owners of PCB Transformers must record inspection and maintenance information and file and maintain the data. Owners of PCB Transformers also must maintain information in the annual log about any transfer of ownership of a PCB Transformer. A proposed requirement for owners of reclassified transformers is to keep records of the initial concentration of the transformer and the chosen reclassification procedure and a copy of the analysis indicating the final concentration in the unit.

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 (# 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 4 33 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 (# 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 4 34 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 which 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. 4 35 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. 4 36 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 which 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 4 37 based) could be used to address their disposal needs. These disposal options will require compliance with various reporting and recordkeeping requirements. 5 1 5 THE INFORMATION COLLECTION   AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities EPA resources are devoted to reviewing and analyzing data submissions, compiling and recording data, maintaining hard copy files of submitted data, inspecting facilities, producing inspection reports,

responding to public inquiry, providing regulatory interpretations and developing rulemakings. OPPT staff do not print or otherwise prepare collection instruments, compile mailing lists, or publish results. Although a web site has been established, EPA plans to continue/ expand its review of the use of the Internet to facilitate the transfer of information from EPA to the public. More specific Agency activities are discussed below.

Data submitted to EPA for consideration in granting or denying requests for exemptions are reviewed ( ICR 857), 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 ( ICR 1729).

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 ( ICR 1001). 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 process PCB Transformer registrations and have created a PCB Transformer Database ( ICR 1729). On an " as requested basis," EPA resources will provide information from the PCB Transformers Database to environmental and emergency response officials. EPA also has placed this data on the Internet. 5 2 EPA staff also proc ess both new and amended PCB notifications of waste handling activities and update the PCB Activity Database System ( PADS) on PCB waste handlers ( ICR 1446). 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 ( ICR 1446). To produce the inspection reports, EPA inputs/ indexes/ files data that are obtained during inspections and prepares/ reviews/ revises the inspection reports ( ICR 1000).

Activities routinely conducted by EPA in processing requests for permits to operate a PCB disposal facility ( ICR 1012) 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 Chemical Management Division as well as staff in regional offices review the PCB disposal applications. The adequacy of the data contained in these application is evaluated during a thorough review of the data and calculations and the assessment of subsequent demonstrations. In addition to disposal approvals, the Agency receives, analyzes, and reviews applications for commercial storage approvals ( ICR 1446) and coordinated approvals ( ICR 1729); as well as requests to exceed R& D and storage limitations ( ICR 1729) and to use alternate disposal methods ( ICR 1729). For commercial storage approvals,

EPA must also determine if the facility will be able to close in an environmentally safe manner ( ICR 1446). 5 3 5( b) Collection Methodology and Management Currently, all of the PCB information collections are done in hard copy form. Although the content of these various collections has been specified, the majority do not require the use of a specific form or format. Therefore, electronic submission and manipulation of the data are not feasible at this time. Two of the collections, however, are on a form. EPA plans to review the efficiency of using an electronic bulletin board or the Internet to facilitate the transfer of information ( such as reporting forms) between EPA and potential respondents.

Requests for disposal approval may be submitted in the form most convenient to the applicant.

Because of the nature of the information ( i. e., engineering blueprints), most of the information is generally submitted on paper, rather than electronically. Where appropriate, EPA accepts data in electronic format.

There is no requirement for the information to be submitted in an automated, electronic, mechanical, or other technological information format. Records are maintained at EPA by the staff overseeing the review of permit applications. Applications are retained for the duration of the disposal facilities operating approval.

The public may access the non confidential portions of applications.

5( c) Small Entity Flexibility Small businesses are not exempt from the PCB regulations under TSCA, and the information collections will affect all entities, regardless of size, that own or use PCBs or PCB containing equipment and generate PCB waste. The potential health ramifications necessitate equal reporting and recordkeeping requirements for all persons, and due to heightened awareness and concern for proper PCB disposal practices, the potential human and environmental risk necessitates equal disclosure by all applicants regardless of size. While all practical steps have been taken to minimize the reporting and recordkeeping burdens, the requirements imposed are the minimum necessary to maintain proper accountability for the disposition of the PCBs. These requirements assist EPA in meeting its statutory obligation to make a finding of no unreasonable risk for an authorized activity and determining, for example, whether a petitioner is eligible to receive the benefit of an approval, exemption, or exclusion. In general, the reporting and recordkeeping requirements are no more burdensome than standard business procedures currently in place. 5 4 Small organizations will usually handle smaller volumes of PCBs than larger entities, thereby minimizing their reporting and recordkeeping burdens. The complexity of toxic material disposal and the required financial assurance to ensure against environmental liabilities seem to deter smaller businesses from engaging in disposal facility enterprises ( e. g., it is economically infeasible). For example, the vast majority of PCB Transformers subject to these requirements are located in large industrial and utility locations.

Therefore, very few small businesses are likely to own PCB Transformers because of the significant costs associated with the initial purchase of the equipment and the long term expense for operation and maintenance.

In another example, the manufacturing exclusion of ICR 1001 was designed to minimize the burdens of the TSCA Section 6( e) bans on chemical manufacturers. This rule has relieved small business manufacturers from the burdens of filing annual petitions for exemption from the manufacturing, processing,

and distribution in commerce bans, as required under Section 6( e)( 3). Further, to minimize the burdens of information collection on small organizations, EPA allows significant flexibility in its information collection requirements so that manufacturers have options available to them for supporting their requests for exclusion.

One option avoids the need for repeated sampling and reporting by allowing manufacturers to conduct theoretical analyses rather than actual sampling of process streams to estimate the levels of PCBs generated by the processes. If the basis for the theoretical analysis is sound, the manufacturer may certify compliance on the basis of that analysis, until and unless he or she engages in a new process or significantly alters the reported process. Additional flexibility is available for estimating the levels of PCBs generated and released.

Rather than specifying any one sampling regime or method of theoretical analysis, the reports require only that petitioners support the estimates by any defensible basis. For example, sampling results may be accompanied by a description of the sample matrix and any data from a quality assurance plan.

( i) Small Entities Affected by the PCB Regulations The small business entities may include those in both the public and private sectors, and not for profit organizations as well as for profit entities. The Regulatory Flexibility Act identifies three classes of small entities of special concern: 5 5 # 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 which 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 PCBcontaminated materials.

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

Electric Utilities. It has been estimated that 60 to 70 percent of the PCBs produced were used in dielectric fluid for transformers and capacitors. Thus, such high voltage equipment, including askarel and 5 6 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 5 7 transformers, 80 percent of the mineral oil transformers, and 85 percent of the large PCB capacitors, with the remainder owned by non utility industrial enterprises ( EPA, 1989).

Electric utility operating data collected and reported by the Energy Information Administration ( EIA,

Form 861) were used to determine the number of small entities in this industry ( EIA, 1995). The SBA smallentity definition for the electric utility industry includes entities producing 4 million megawatt hours of electricity sales or less. The EIA data permit identification of private sector small utilities as well as of municipal and other publicly owned utilities. Such utilities owned by small governments ( less than 50,000 in population) were identified through U. S. Census population data for cities, towns, and counties.

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 ( SIC 1311, NAICS 211111),

manufacturing ( SIC 20 39, NAICS 31 33), line haul railroads ( SIC 4011, NAICS 48211), telephone communications ( SIC 4810, NAICS 513), and refuse systems ( SIC 4953, NAICS 562111) as accounting for over 90 percent of the non utility, private sector PCB waste generators. Recent information on PCB waste generators for New York and California ( New York Department of Environmental Conservation, 1995;

California Department of Toxic Substances, 1995) indicate that a large proportion of non utility PCB waste generators fall within SICs 13, 20 39, 40, and 49 ( NAICS 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 ( SIC 8062, NAICS 62211) and colleges and universities ( SIC 8221, 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 industryspecific estimates of the number of establishments that might have PCB and PCB Contaminated Electrical 5 8 Equipment. Based on a previous study of the electric utility industry, EPA estimated that 0.3 percent of electric utility customers receive power at high voltage levels ( ERG, 1993). High voltage customers in most cases have transformers, capacitors, and other equipment necessary to transform the voltages and distribute electricity within their premises. That study also estimated that 85 percent of such establishments own their own high voltage transformation equipment, the remainder using transformation equipment provided or leased to them by their utility company.

According to the 1994 County Business Patterns, there are approximately 6.4 million establishments in the private sector, exclusive of agriculture ( SICs 01 and 02, NAICS 11 and 112) and line haul railroads ( SIC 40, NAICS 48211) ( Bureau of the Census, 1997). Using the assumption that 0.3 percent of these establishments receive high voltage electricity service, 16,333 ( adjusting for the share that lease equipment from the utility) would be expected to have transformers and capacitors that might be contaminated with PCBs ( 6.4 million x 0.3 percent x 85 percent that own their equipment). EPA distributed this estimate of the number of establishments with high voltage equipment among 2 digit industries using two criteria. First,

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. Thus, 10,900 of the 510,300 establishments in the high prevalence industries and 5,400 of the 4.7 million establishments in the lowprevalence industries are estimated to own high voltage electrical equipment. These establishments were then distributed among industries within these two groups on the basis of the overall distribution of establishments.

Some small entities ( as defined by the SBA criteria) are expected to be among the high voltage users and, therefore, might be owners of PCB and PCB Contaminated Electrical Equipment. Also, small entities are assumed to be as likely to own high voltage equipment as larger firms, an assumption that may result in an overstatement of the actual number of small entities that own such equipment. The results of this distribution methodology are shown in the Cost Impacts of the Final Regulation Amending the PCB Regulations at 40 CFR Part 761 ( U. S. EPA, 1998b) which are attached as Appendix F, " Distribution of PCB Electrical Equipment Among Small Entities." 5 9 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. 5 10 TABLE 5 1 REPORTING SCHEDULE FOR ICR PART A, SECTIONS 5( d)

Ref. # / ICR Regulatory Section( s) Collection Requirement Collection Schedule 40 CFR 761 Subpart A   General 1/ 1001 § 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 generat ion or release of PCBs. ( See # 42 and 43)

Subpart B   Use 2/ 857 § § 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/ 1729 § 761.30( a)( 1)( vi) and ( vii); ( xv)( D) Register PCB Transformers. To have been completed by December 28, 1998 or within 30 days of identifying Transformer.

4 § 761.30( a)( 2)( v) Submit requests to reclassify equipment using alternate methods. On an as needed basis.

5/ 1729 § 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/ 1729 § 761.30( t)( 3) Obtain EPA approval for the use of PCBs in other gas or liquid systems. When planning use of system. TABLE 5 1, continued REPORTING SCHEDULE FOR ICR PART A, SECTIONS 5( d)

Ref. # / ICR Regulatory Section( s) Collection Requirement Collection Schedule 5 11 7/ 1729 § 761.35( b) Obtain RA approval for an extended storage for reuse period. 6 months prior to expiration.

Subpart D   Storage and Disposal 8/ 1012 § § 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/ 1729 § 761.60( j)( 1)( i) Obtain an identification number for PCB R& D disposal. When planning R& D for disposal.

10/ 1729 § 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/ 1729 § 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/ 1729 § § 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 TABLE 5 1, continued REPORTING SCHEDULE FOR ICR PART A, SECTIONS 5( d)

Ref. # / ICR Regulatory Section( s) Collection Requirement Collection Schedule 5 12 13/ 1729 § 761.61( a)( 3)( ii) Notify EPA of changes to self implementing remediation activities. Within the 30 day notification period.

14/ 1729 § 761.61( a)( 3)( iii) Request a waiver of the notification requirement. If remediation is needed.

15/ 1729 § 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/ 1729 § 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/ 1729 § 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/ 1729 § 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/ 1729 § 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/ 1729 § 761.65( a)( 4) Submit request for modifications to TSCA approval to allow for extended storage period. Before extension expires. TABLE 5 1, continued REPORTING SCHEDULE FOR ICR PART A, SECTIONS 5( d)

Ref. # / ICR Regulatory Section( s) Collection Requirement Collection Schedule 5 13 21/ 1729 § 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/ 1446 § § 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/ 1729 § 761.65( g)( 9) Notify EPA of modifications to commercial storage facilities. Within 30 days of facility modification.

25/ 1729 § § 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/ 1729 § § 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. TABLE 5 1, continued REPORTING SCHEDULE FOR ICR PART A, SECTIONS 5( d)

Ref. # / ICR Regulatory Section( s) Collection Requirement Collection Schedule 5 14 29/ 1729 § 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/ 1729 § 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/ 1729 § § 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/ 1729 § 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/ 1729 § 761.79( h) Request approval of alternative decontamination or sampling methods. When needed.

Subpart E   Exemptions 34/ 857, 1729 § § 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/ 857, 1729 § 761.80( e), ( i)( 2) and ( n) Submit certified letter to request renewal of certain exemptions. 6 months prior to expiration. TABLE 5 1, continued REPORTING SCHEDULE FOR ICR PART A, SECTIONS 5( d)

Ref. # / ICR Regulatory Section( s) Collection Requirement Collection Schedule 5 15 36/ 1729 § § 761.80( e)( 3), ( g)( 2) and ( i)( 4) Obtain approval to exceed limits of the exemption. 60 days before manufacture of PCBs.

37/ 1729 § 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/ 1729 § § 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/ 1729 § 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/ 1446, 1729 § § 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. TABLE 5 1, continued REPORTING SCHEDULE FOR ICR PART A, SECTIONS 5( d)

Ref. # / ICR Regulatory Section( s) Collection Requirement Collection Schedule 5 16 42/ 1001 § 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/ 1446 § § 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/ 1729 § 761.205( f) Report changes in notifications previously submitted by PCB waste handlers. Within 30 days of making a change.

46/ 1446, 1729 § § 761.208( a)( 4) and .215( b) to ( d). Submit Exception Reports to EPA, as specified in § 761.215( b) to ( d), when PCB waste generators, disposers, and/ or commercial storers do not receive confirmation that a shipment of a PCB waste has been properly disposed of. Within 45 days of the events that trigger the report. TABLE 5 1, continued REPORTING SCHEDULE FOR ICR PART A, SECTIONS 5( d)

Ref. # / ICR Regulatory Section( s) Collection Requirement Collection Schedule 5 17 47/ 1446 § 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/ 1446 § 761.211( c) Submit Unmanifested Waste Reports ( e. g., waste description, volume, disposition; date received; ID # s 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 analys is and validation study to the Director, National Program Chemicals Division ( NPCD). Prior to the first use of a new solvent for alternate decontamination 5 18 TABLE 5 2 THIRD PARTY REPORTING SCHEDULE FOR ICR PART A, SECTIONS 5( d)

Ref. # / ICR Regulatory Section( s) Collection Requirement Collection Schedule 40 CFR 761 Subpart B   Use 51 § § 761.20( e)( 3)( ii); .30( i)( 5)( ii); and .60( b)( 5)( iv)( B) Burner of used oil must provide a 1 time certification to the marketer that he is in compliance with notification requirement at § 761.71( a)( 2). Before accepting the first shipment of used oil.

52/ 1000, 1729 § § 761.30( a)( xi) and ( xv)( A) and .30( h)( 1)( ii)( B) Notify NRC of PCB Transformer and PCB Voltage Regulator fires. Immediately upon discovery of an incident.

53 § 761.30( a)( 1) ( xiv) Notify owner of PCB Transformer that equipment may pose risk of exposure to food or feed. When discovering potential exposure to food or feed.

54 § 761.30( a)( 1)( xv)( D) Register PCB Transformers with the building owner. Within 30 days of discovery of the PCB Transformer.

Subpart D   Storage and Disposal 55/ 1729 § 761.60( a)( 3)( ii) Provide information to chemical waste landfills that liquids do not exceed 500 ppm and are not ignitable. Prior to disposal in the landfill.

56/ 1729 § 761.60( b)( 5)( i) ( A)( 1) Include natural gas pipes that contain PCBs in public service notification programs. Before abandoning natural gas pipes. TABLE 5 2, continued THIRD PARTY REPORTING SCHEDULE FOR ICR PART A, SECTIONS 5( d)

Ref. # / ICR Regulatory Section( s) Collection Requirement Collection Schedule 5 19 57/ 1446 § 761.60( f)( 1)( i) Notify State and local officials of PCB disposal in chemical waste landfill, incinerator, or an alternate PCB disposal technology. At least 30 days before a facility is first used.

58 § 761.60( f)( 1)( ii) Provide annual notice to State and local governments about PCBs disposed of during the year. At the request of the State or local governments.

59/ 1729 § 761.60( j)( 1)( ii) Notify State and local environmental officials ( as well as EPA) of PCB disposal R& D activities. 30 days prior to initiating R& D activity.

60 § 761.60( j)( 1)( vii) Manifest wastes generated by R& D on PCB disposal that are transported from the R& D facility to a commercial storage or disposal facility, unless the residuals or unused samples are returned to the site of generation. Upon transport of waste.

61/ 1729 § § 761.61( a)( 3)( i) Notify State and local environmental officials ( as well as EPA) of self implementing remediation activity. 30 days prior to remediation and when additional information is requested.

62/ 1729 § 761.61( a)( 5)( i) ( B)( 2)( iv) Notify offsite non TSCA facility of pending shipment of PCB remediation waste. 15 days prior to [ first] shipment.

63/ 1729 § 761.61( a)( 8)( i) ( A) Attach a notation to the deed for property at which remediation projects require a permanent fence or cap. Within 60 days of completion of the cleanup activity.

64/ 1729 § § 761.62( b)( 4)( i) and ( ii) ( See also § § 761.357 and 359) Provide notification to a receiving facility that does not have a commercial PCB storage/ disposal approval of a pending shipment of remediation or bulk product waste. 15 days in advance of the first shipment and with each shipment thereafter. TABLE 5 2, continued THIRD PARTY REPORTING SCHEDULE FOR ICR PART A, SECTIONS 5( d)

Ref. # / ICR Regulatory Section( s) Collection Requirement Collection Schedule 5 20 65 § § 761.65( c)( 1) and ( 8) Attach a notation to a PCB Item or PCB Container containing the item indicating the date the Item was removed from service for disposal, to be able to temporarily store the item/ container in an area that does not comply with the storage requirements of paragraph ( b) of this section. When removed from service for disposal.

66/ 1446 § 761.65( i)( 3) Send information, instead of manifest, regarding the sample collector, laboratory, and date of sample shipment with sample. When sending PCB samples to a laboratory for testing.

Subpart G   PCB Spill Cleanup Policy 67/ 1729 § 761.125( a)( 1) Report spills involving 1 pound or more by weight of PCBs to the NRC ( and all spills to certain areas or of 10 pounds or more to EPA). Within 24 hours of discovery.

68 § 761.125( c) ( 2)( ii) Place label or notice of PCB contamination at cleanup site. When contaminated soil is cleaned up to 50 ppm PCBs and not 25 ppm.

Subpart 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. Ref. #

/ ICR Regulatory Section( s) Collection Requirement Collection Schedule 6 1 71/ 1446, 1729 § § 761.218( a) and ( b) Send Certificates of Disposal to generators of PCB waste when disposal of each item is complete for a manifested PCB waste shipment. Within 30 days after the disposal date.

6 ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Estimating Respondent Burden Several sources of data were used for estimating the total number of respondents and hourly burdens for the requirements of this Consolidated ICR. The sources include, the Cost Impacts of the Final Regulations Amending the PCB Regulations at 40 CFR Part 761 ( U. S. EPA, 1998b) and a cost analysis for the proposed PCB reclassification rule, PCB Reclassification Rule: Small Entity Impacts,

Environmental Justice Impacts, and Unfunded Mandates Analysis ( U. S. EPA, 1998d).

The data estimates appearing in this Support Statement were also reviewed and updated directly for this report, as necessary, by telephoning industry representatives ( less than 10 entities per PCB handling category) knowledgeable about specific regulations and the associated reporting and recordkeeping requirements. Entities contacted include owners/ operators of incinerators and chemical waste landfills, 6 2 alternate disposal permit holders, commercial storers of PCB waste, electric utility providers, other PCB waste handlers, and chemical manufacturers. This information is summarized in the Data Gathering Report for the Consolidated ICR Supporting Statement Covering the PCB Regulations at 40 CFR 761 and is included in this Statement as Appendix E ( U. S. EPA, 1998a).

Response to Comments on the ICR for the PCB Disposal Amendments. Commenters on the ICR that was prepared for the PCB Disposal Amendments and ultimately approved by OMB ( 2070 0159)

indicated that EPA had failed to consider the time to locate and identify equipment that would be subject to the recordkeeping requirements at § 761.35 for the storage of PCB Articles ( i. e., any manufactured article,

other than a PCB Container, that contains PCBs and whose surface has been in direct contact with PCBs)

intended for subsequent reuse; that the time to create a record for each item was grossly underestimated; and that the cost to the electric utility industry was underestimated.

However, prior to the discussion of EPA's burden/ cost estimates, these commenters indicate that the "[ E] lectric utilities typically maintain an inventory of electrically sound capacitors, transformers, bushings and some other types of equipment in storage, awaiting reuse to replace units that fail."[ emphasis added]

The commenters assert later that "... the equipment is stored in restricted areas to which only authorized personnel have access" and that "... utilities keep their equipment in restricted access areas under lock and key." [ emphasis added]

Commenters agreed with EPA's estimate regarding the universe of equipment that would be subject to the recordkeeping provision ( i. e., " likely to fall around" 189,225 units). However, they estimated it would take each utility 487 hours, on average, just to find and identify the subject equipment. Then it would take 1.25 hours, rather than the 0.15 hours suggested by EPA to record each piece of equipment ( i. e., 9 minutes,

which were miscalculated by the commenters as 5 minutes). Hourly wage rates were estimated by commenters to range between $ 38 to $ 47 rather than the rate of $ 44/ hour for technical personnel as suggested by EPA. However, when the commenters' hourly rates are averaged [($ 38 + $ 47) ÷ 2], the resulting hourly rate is $ 42.50, which is less than the EPA rate. Nonetheless, using the range in hourly rates suggested by commenters, the costs associated with strictly locating and identifying equipment subject to § 761.35 would range from $ 18,506 to $ 22,889 per facility. Using EPA's estimate for investor owned utilities 6 3 ( i. e., 265 utilities), commenters projected the cost for this aspect of the requirement would range from $ 4,904,090 to $ 6,065,585.

In order to complete the recordkeeping requirement, commenters estimated the cost to create each record would range between $ 47.50 to $ 58.75 [($ 38 or $ 47) x 1.25 hours] resulting in an estimated industry cost of $ 13.9 million to $ 17.2 million ($ 47.50 or $ 58.75 x 189,225 + 265 x $ 18,506 or $ 22,889), versus EPA's estimate of $ 1.3 million.

EPA questions the validity of claims that suggest the Agency is underestimating the cost associated with maintaining records, which commenters readily admit are currently being maintained in some fashion for PCB Articles that have been placed into storage for reuse. Also, given the restricted access that is accorded this equipment ( i. e., access is limited to authorized personnel in areas under lock and key), it is prudent to assume that knowledge currently exists about the location and identity of equipment that are subject to the recordkeeping provisions of § 761.35 and that the costs attributed to this requirement are minimal. Therefore,

EPA is not modifying its estimate of the costs for maintaining records on the storage of PCB Articles intended for reuse.

A review of EPA's calculations did reveal however that the factor used for calculating the burden and costs for this recordkeeping requirement was transposed; i. e., 0.15 hour was used to calculate the costs and 1.5 hours was used to calculate the burden. This factor should have been the same in both instances;

i. e., 0.15 hour. As a result, the burden previously estimated by EPA for this recordkeeping requirement is being reduced from 283,838 hours to 28,384 hours.

Response to Comments on ICR 1446, PCBs: Notification & Manifesting of PCB Waste Activities and Records of PCB Storage and Disposal. A number of comments were submitted to the Agency regarding some of the information collection assumptions for this ICR. It appears that several commenters relied on the brief discussion found in the Federal Register ( FR) notice rather than reviewing the ICR itself. The Agency publishes a FR notice to alert interested parties when a renewal of an ICR supporting statement has been forwarded to the Office of Management and Budget for review. Among the comments received were claims that EPA had underestimated the amount of time required to satisfy the record retention requirements associated with § 761.180( a), covering PCBs and PCB Items in service or projected for disposal. The burden 6 4 associated with this provision was estimated by EPA to be 29 hours annually per respondent. Although commenters overall provided insufficient information for the purpose of adjusting EPA's estimate of the burden, the data gathering effort, as reported in Appendix E, revealed that the time to conduct the recordkeeping for the annual log averages 52 hours per year for companies that handle limited amounts of PCB wastes, and 1,040 hours per year ( 20 hours per week) for major handlers of PCBs.

One commenter also questioned EPA's burden estimate for maintaining records of manifests, which EPA estimated as 10 minutes per manifest. Therefore, if one respondent frequently accumulates and disposes of PCB wastes, his burden for maintaining manifest records would exceed the burden for a respondent who manages a smaller volume of PCB waste. Because manifesting requirements imposed under State and/ or RCRA regulations pre date the TSCA PCB manifesting requirement and focus on the same universe of respondents, EPA did not attribute the burden associated with that activity to the PCB requirements. Based on discussions with a limited number of industry representatives, there remains no justification for revising the estimate of 10 minutes per manifest ( see Appendix E).

Finally, EPA received comments concerning the burden for compiling and submitting the annual report [ i. e., § § 761.180( b) and ( b)( 3)]. EPA had adjusted the burden associated with this activity to 84 hours per respondent based on a review of the requirements and discussions with consultants during the effort to prepare the Cost Impacts of the Final Regulations Amending the PCB Regulations at 40 CFR Part 761 ( U. S. EPA, 1998b). Based on the data gathering effort for the Consolidated ICR ( Appendix E), the estimate was further adjusted to 59 hours per respondent.

Burden summary. The total estimated time for respondents to comply with the reporting, third party reporting, and recordkeeping requirements of this Consolidated ICR is 741,261 hours. The annual burden associated with respondents complying with the reporting requirements of this Consolidated ICR is estimated to average 62,859 hours, industry wide. The total third party reporting burden is estimated to average 52,344 hours, industry wide, and the total recordkeeping burden of this Consolidated ICR is estimated to average 626,058 hours, industry wide. The average hourly estimates and total number of respondents for each reporting, third party reporting, and recordkeeping burden are explained on Tables 6 1 to 6 3, respectively.

Note that the burdens associated with requirement numbers 1, 2, 6, 7, 11, 19, 20, 26, 30, 33, 36, 39, 40, 47, 51,

53  55, 58, 59, 61, 64, 66, 67, 72, and 73 will either have negligible impacts to the requirements or were costed 6 5 with other requirements as indicated on the tables, and thus no estimates were included for these requirements. Also note that requirement numbers 74c, d and 75 refer to the burden for the Reclassification Rule and are included in the burden total. ( This Consolidated ICR may be submitted to OMB prior to OMB's Executive Order review of the Final Reclassification Rule.) To simplify the presentation of the numerous hourly burden and cost estimates, the data are arrayed according to reporting, third party reporting, and recordkeeping requirements for each section of the regulation, consistent with the presentation of the information in the tables of Sections 2 and 5, rather than to rearrange and present the data by respondent type.

EPA anticipates that no one individual would be subject to all of the requirements 40 CFR Part 761. Refer to Section 4 for a complete description of the activities listed on Tables 6 1 to 6 3. 6 6 TABLE 6 1 REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR PART A, SECTION 6( a)

Ref. / EPA ICR # Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 40 CFR 761 Subpart A   General 1/ 1001 § 761.1( f)( 1), ( 2), and ( 3) Submit new reports or modifications to existing reports to qualify for manufacturing/ import exclusions, pursuant to compliance with the reporting requirements of Subpart J.     Burdens are reported under § § 761.185 and § 761.187. See # s 42 and 43.

Subpart B   Use 2/ 857 § § 761.20( b) and ( c)( 1) and ( 3) Submit an exemption petition as per TSCA section 6( e)( 3) to manufacture ( import), process, or distribute in commerce ( export) PCBs, unless otherwise authorized.     Burdens are reported under § § 761.80( e) and ( i). See # s 34 and 39.

3/ 1729 § 761.30( a)( 1)( vi) and ( vii); ( xv)( D) Register PCB Transformers, as appropriate, within 30 days of discovery. 1 hour 500 PCB transformers Deadlines of 12/ 1/ 85 and 12/ 28/ 98 have passed. Requirements now applicable only to new disclosures. Refer to Appendix E for more details on how the estimate for the tot al number of transformers was reduced.

4 § 761.30( a)( 2) ( v) Obtain EPA approval to use alternate method to simulate loaded conditions for in service use of transformers for reclassifying transformers. 20 hours 38 requests Newly captured burden based on recent EPA tally of number of submissions ( see Appendix E).

5/ 1729 § 761.30( i)( 1)( iii) ( A)( 1) Submit a description of a natural gas pipeline system that contains > 50 ppm PCBs, if requested by EPA. 20 hours 5 systems EPA expects this to be a rare occurrence. TABLE 6 1 REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR PART A, SECTION 6( a), continued Ref. / EPA ICR # Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 7 6/ 1729 § 761.30( t)( 3) Obtain approval for the use of PCBs in other gas or liquid systems. 20 hours 0 No respondents anticipated.

7/ 1729 § 761.35( b) Obtain approval for PCB Articles stored for reuse for > 5 years in a facility that does not comply with § 761.65( b). 0.083 hour ( 5 minutes per piece of equipment) 0 It is anticipated that there will be no respondents to this regulation during the clearance period of this ICR, assuming that individuals are complying with § 761.35( a), which grants a 5 year storage period. ICR 1729 estimated that storage of 6,525 pieces of equipment would require approval.

Subpart D   Storage and Disposal 8/ 1012 § § 761.60( e) and ( i)( 2); .70( a), ( b), and ( d); .75( b)( 7), ( b)( 8)( ii), and ( c) Submit permit application and, when applicable, a demo plan for obtaining approval to operate a PCB disposal facility ( i. e., alternative method of disposal, incinerator, chemical waste landfill). Submit requests for approval of R& D for PCB disposal for persons not following selfimplementing requirements. 990 hours average per submission; 15 applications per year. Total number of applicants drops from 26 to 15 in that § 761.60( j) for self implementing R& D eliminates the need to submit certain requests for disposal approval and that there are roughly 10 commercial disposers who could come in for renewal of their approvals during the 3 year ICR clearance period. Also, each year, some applicants start the disclosure process and later withdraw their application or conduct an unsuccessful demonstration. Because of the difficulty in estimating the burden for these partial applications and based on an EPA analysis conducted for this report, the hourly burdens from the existing ICR and the Data Gathering Report ( Appendix E) have been revised, as follows:

EPA estimates that of the 15 approval requests that may be received by EPA, about half ( 7) will likely be renewal requests of an existing disposal approval ( i. e., 8 hours to prepare; EPA estimate); a quarter ( 4) may be for thermal destruction/ incineration technologies ( i. e., the most burdensome to prepare at 3,000 hours; see Appendix E); and the remainder ( 4) may be for process changes or non thermal technologies under § 761.60( e) ( i. e., the least burdensome application at an estimated 700 hours to prepare, as per ICR 1012 and Appendix E). The weighted average for these submissions thus becomes 990 hours: [( 8 x 7) + ( 3,000 x 4) + ( 700 x 4)]/ 15. TABLE 6 1 REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR PART A, SECTION 6( a), continued Ref. / EPA ICR # Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 8 9/ 1729 § 761.60( j)( 1)( i) Notify EPA to obtain an identification number for conducting R& D on PCB disposal activities. 1.5 hours 25 facilities Also see # 44.

10/ 1729 § 761.60( j)( 1)( ii) Notify EPA ( as well as State, and local) officials prior to conducting R& D on PCB disposal activities. 6 hours 20 facilities Burden reported here for both EPA and third party notification at Table 6 2.

11/ 1729 § 761.60( j)( 2) Submit permit application and, when applicable, a demo plan for obtaining approval to operate a PCB disposal facility ( i. e., alternative method of disposal, incinerator, chemical waste landfill). Submit requests for approval of R& D for PCB disposal for persons not following selfimplementing requirements, as per paragraph ( j) of this section. 20 hours 0 No respondents anticipated.

12/ 1729 § § 761.61( a)( 3)( i) and ( ii). Notify EPA ( as well as State, Tribal, and local) officials of self implementing remediation activity, including a summary of the procedures used to sample contaminated areas and sample collection and analysis data; submit additional information as requested; and certify that records of remediation activity are on file at the location designated in the certificate. 100 hours 90 sites 90 percent of the 100 total remediation sites; 10 percent will request a waiver of the notification requirements, as per # 14. Burden is reported here for this requirement and is listed on Table 6 2. ( ICR 1729 reported 100 respondents.)

13/ 1729 § 761.61( a)( 3)( ii) Notify EPA of changes to notification of selfimplementing activities. 2 hours 10 sites 10 percent of the 100 total remediation sites. Hourly estimate is based on the time estimate to prepare other notifications for the self implementing remediation requirements, as presented in the Cost Impact Statement for the Final Rule ( EPA, 1998b). TABLE 6 1 REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR PART A, SECTION 6( a), continued Ref. / EPA ICR # Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 9 14/ 1729 § 761.61( a)( 3)( iii) Request a waiver of the notification requirement for conducting cleanup of PCB remediation waste. 20 hours 10 sites 10 percent of the 100 remediation sites. 90 percent will notify as above ( see # 12). Hourly estimate was revised from the Cost Impact Statement of the Final Rule ( EPA, 1998b) based on further review of the requirement.

15/ 1729 § 761.61( a)( 8)( i) ( B) Submit certification of recording the deed notation required under paragraph ( a)( 8)( i)( A) of this section has been recorded. 4 hours 100 sites.   16/ 1729 § 761.61( c)( 1) Apply for risk based disposal of PCB remediation wastes. Submit additional information as requested. 1,600 hours 5 Number of respondents may grow as individuals become familiar with this provision, but there has been limited response to date. Previous estimate was that there would be no respondents.

17/ 1729 § 761.62( c)( 1) Obtain approval for risk based disposal or storage of PCB bulk product waste. Provide additional information. 1,600 hours 5 Number of respondents may grow as individuals become familiar with this provision, but there has been limited response to date. Previous estimate was that there would be no respondents.

18/ 1729 § 761.65( a)( 2) Notify of continuing attempts to secure disposal and to request a 1 year storage extension. 3 hours 38 waste storers Combined for # s 18, 19, and 20.

19/ 1729 § 761.65( a)( 3) Submit request for additional extensions beyond the initial 1 year extension, including justification and information on measures taken to secure disposal.     See # 18, above.

20/ 1729 § 761.65( a)( 4) Submit request for modifications to TSCA approval to allow for extended storage period.     See # 18, above. TABLE 6 1 REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR PART A, SECTION 6( a), continued Ref. / EPA ICR # Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 10 21/ 1729 § 761.65( c)( 6)( i) ( C) Demonstrate that other containers for storage of PCB/ radioactive wastes are protective of health and the environment. 40 hours 1 Hourly estimate reduced from the Cost Impact Statement of the Final Rule ( EPA, 1998b) based on further review of the requirement. DOE is likely to become a respondent to this provision. Previous estimate was that there would be no respondents.

22/ 1446 § 761.65( d); ( e)( 1), ( 6), and ( 8); and ( f) Prepare application for commercial storage approval, including qualifications of key employees, closure plan, and closure cost estimate. Commercial storer must also notify EPA of facility modification, closure schedule, and completion of closure activities. 392 hours 3 applications Revised EPA estimate is that there will be 3 applications per year ( reduced from 10 per year as presented in ICR 1446).

23 § 761.65( e)( 4) Submit a written request to the RA to modify a storage approval to amend the closure plan, when there are changes in ownership, changes in expected dates of closure, and/ or unexpected events. 2 hours 10 times Estimates based on recent discussion with industry consultant, as reported in the Data Gathering Report ( Appendix E). Newly captured burden.

24/ 1729 § 761.65( g)( 9) Notify issuing authority of modifications to commercial storage facilities. 2 hours 10 storage facilities Hourly estimate slightly increased by 0.5 hours based on further review of the requirement.

25/ 1729 § § 761.65( j) Demonstrate that a new owner of a commercial storage facility has established financial assurance for closure. Submit new or amended commercial storage application as a result of change in ownership. 120 hours 3 applications Total number of respondents was increased from none to 3 to be consistent with the total number of applications for commercial storage approval, as per # 22, above.

26 § § 761.70( a)( 8), ( 9); and ( d)( 5) Obtain approval of alternate measures when regulatory requirements cannot be met for operating a PCB incinerator. 1,910 hours 0 No respondents anticipated. It was assumed that if a facility does not meet the performance criteria, it will not accept PCB waste. TABLE 6 1 REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR PART A, SECTION 6( a), continued Ref. / EPA ICR # Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 11 27 § § 761.70( d)( 8); 761.75( c)( 7) Notify EPA of change in ownership of disposal facility ( i. e., for incinerators and landfills). 8 hours 2 facilities Note that the hourly estimate includes only a cursory review of the existing permits by the new owner, not a thorough review, as reported in the Data Gathering Report ( Appendix E). Newly captured burden.

28/ 1729 § § 761.71( a)( 2) and ( b)( 2) Notify EPA prior to initial use of a high efficiency boiler to burn mineral oil dielectric fluid. Seek approval to burn liquids, other than mineral oil dielectric fluid in a HEB. 1.5 hours to notify EPA of HEB information; 40 hours to prepare approval request letter to the RA. 20 respondents to notify; none to request approval EPA revised estimate assuming there would be 2 HEBs per EPA region.

29/ 1729 § 761.72( c)( 2) Notify EPA as a scrap metal recovery oven or smelter used to dispose of PCBs and comply with the reporting requirements of Subparts J and K. 1.5 hours 20 EPA revised estimate assuming there would be 2 ovens or smelters per EPA region.

30/ 1729 § 761.72( c)( 3) Request approval to disp ose of PCBs in an oven or smelter based on site specific risk assessments, in lieu of meeting requirements listed in § 761.72. 1,600 hours 0 No respondents anticipated.

31/ 1729 § § 761.77( a)( 1)( i), ( a)( 1)( ii)( A)( 1) and ( C), and .77( a)( 2) Submit a notification to the RA for coordinated approval and additional information, as requested by EPA. Submit an application for TSCA disposal approval, if the RA denies the request for a coordinated approval or determines that the conditions of the coordinated approval are not being met. 36 hours ( notification); 480 hours ( approval application). 36 notifications; 0 approval applications Total number of respondents is 25% of the total number of PCB commercial storage and disposal facilities identified in the PADS database ( 145) ( EPA, 1998b). TABLE 6 1 REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR PART A, SECTION 6( a), continued Ref. / EPA ICR # Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 12 32/ 1729 § 761.77( a)( 3) Notify EPA of changes in waste management requirements in the non TSCA waste management document used to obtain TSCA PCB coordinated approvals. 8 hours 5 waste disposers   33/ 1729 § 761.79( h) Prepare requests for decontamination approvals of alternative decontamination or sampling methods. EPA may request additional information. 1,600 hours 5 Number of respondents increased from none to 5 ( and this number may grow further) because it is anticipated that there will be increased interest in this provision. There has been limited response to date, however.

Subpart E   Exemptions 34/ 857, 1729 § § 761.80( e)( 1) and ( i)( 1) Submit R& D exemption petition to qualify for the class exemptions to mfg. PCBs for disposal R& D and to mfg, import, process, distribute, and export PCBs and analytical reference samples derived from PCB waste for the purpose of R& D. 40 hours 27 companies Estimates are combined for # 34 and 36. Estimate is also cumulative of ICRs 857 and 1729 numbers of respondents. See Appendix E for further discussion.

35/ 857, 1729 § 761.80( e)( 2) and ( i)( 2) Submit requests for renewal of the exemptions as per § § 750.11 and 31. ( Renewals to companyspecific exemptions can be handled following the same procedures.) 1 hour 3 requests See Appendix E.

36/ 1729 § § 761.80( e)( 3), ( g)( 2), and ( i)( 4) Obtain approval from EPA to exceed limits of the exemption.     See # 34, above.

37/ 1729 § 761.80( e)( 4) Notify EPA before beginning R& D activities that include the manufacture of PCBs. 20 hours 3 notifications Hourly estimate was increased from Cost Impact of the Final Rule ( EPA, 1998b) based on further data gathering ( see Appendix E). TABLE 6 1 REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR PART A, SECTION 6( a), continued Ref. / EPA ICR # Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 13 38 § 761.80( n) Submit a petition for certain exemptions to address increases in the amount of PCBs to be processed and distributed, imported ( manufactured), or exported, or changes in the manner of processing and distributing, importing ( manufacturing), or exporting PCBs. ( See # 35 for renewals.) 40 hours 3 requests Newly captured burden. Total requests is based on recent EPA tally.

Subpart F   Transboundary Shipments of PCBs for Disposal 39/ 1729 § § 761.93( a) and .97( a) Submit an exemption petition to import or export PCBs or PCB Items for disposal. ___ ___ Burden is reported at § § 761.20( b) and ( c)( 1) and ( 3). See # 2.

Subpart G   PCB Spill Cleanup Policy 40/ 1729 § § 761.125( a)( 1) ( i) to ( iii) Report certain spills of PCBs to the EPA. 0.167 hours ( 10 minutes) 0 No respondents anticipated. Requirement also listed on Table 6 2.

Subpart J   General Records and Reports TABLE 6 1 REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR PART A, SECTION 6( a), continued Ref. / EPA ICR # Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 14 41/ 1446, 1729 § § 761.180( b), ( b)( 3), and ( c)( 5) Submit annual reports for the operation of PCB incinerators, chemical waste landfills, high efficiency boilers, and commercial storage facilities, including facilities that dispose of the PCB wastes they generate. Report suspension of operations. 59 hours 265 facilities This hourly estimate was revised based on the data gathering effort discussed in the Appendix E. This estimate had been increased from the 1 hour reported in ICR 1446 and decreased from the 84 hours reported in ICR 1729. The estimate for number of facilities was generated by using the existing estimate of 230 facilities, which was confirmed by EPA to be accurate, and increasing it by 15 percent to reflect the additional facilities that will be covered under the new regulation ( i. e., those facilities that also dispose of the wastes that they generate).

42/ 1001 § 761.185 Notify EPA and certify low level PCB product contamination to be exempt from the requirements of Subpart B, regarding processes inadvertently generating PCBs and imports of products containing inadvertently generated PCBs. Certification must be repeated if the previous certification is no longer valid. 20 hours 10 companies Submissions will report about new, modified, or import activities or about excess releases. Number is declining because companies with exclusions have identified themselves in the initial group of submissions. Total number of respondents is based on the average number of submissions EPA received from February 1996 to February 1999.

43 § 761.187 Notify EPA when PCB releases exceed limits, to be exempt from the requirements of Subpart B, for products, manufactured or imported containing inadvertently generated PCBs. 20 hours 1 company Hourly estimate is based on time to review the monitoring log and compile information into the notification, as discussed in the Data Gathering Report ( Appendix E). Newly captured burden. TABLE 6 1 REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR PART A, SECTION 6( a), continued Ref. / EPA ICR # Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 15 Subpart K   PCB Waste Disposal Records and Reports 44/ 1446 § § 761.202( a); 205( a) to ( c) Notify EPA of waste handling activities, for generators, commercial storers, transporters, or disposers of PCB waste. 1.5 hours 100 waste handlers Roughly 6,500 notices have been received; relatively few " new" submissions are anticipated. Also see # s 9, 28, and 29, above.

45/ 1729 § 761.205( f) Report changes in notifications previously submitted by PCB waste handlers. 1.5 hours 200 waste handlers   46/ 1446, 1729 § 761.208( a)( 4) and § § 761.215( b) to ( d). Submit Exception Reports to EPA, as specified in § 761.215( b) to ( d), when PCB waste generators, disposers, and/ or commercial storers do not receive confirmation that a shipment of a PCB waste has been properly disposed of. 2 hours 25 reports Estimate represents roughly 10 percent of the 226 calls that needed to be made to resolve discrepancies that were not resolved by phone. Combined for # s 46 and 47.

47/ 1446 § 761.210( b) Submit Discrepancy Reports along with a copy of the manifest to EPA when the PCB waste received by a disposer is significantly different from the description on the manifest, and the discrepancy is not resolved after receiving the waste.     See # 46, above.

48 § 761.211( b) Notify RA of unmanifested PCB waste, for owners/ operators of commercial storage facilities who cannot contact the generator of the PCB waste. 0.5 hours 25 notifications Newly captured burden. TABLE 6 1 REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR PART A, SECTION 6( a), continued Ref. / EPA ICR # Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 16 49/ 1446 § 761.211( c) Submit Unmanifested Waste Reports ( e. g., waste description, volume, disposition; date received; ID # s of waste handlers for that waste) to EPA when disposers accept a shipment of PCB waste without an accompanying manifest. 2 hours 50 reports EPA estimated average number of reports, based on 3 Regions each receiving 3 to 5 reports per year and 1 region receiving 6 to 12 reports per year.

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

50 § § 761.395 and 761.398 Submit results of analysis and validation study to the Director, National Program Chemicals Division ( NPCD). 16 hours 5 studies Hourly estimate for conducting the study and preparing the report is discussed further in the Data Gathering Report ( Appendix E). Estimate for the total number of respondents is 5 percent of the estimated 100 decontamination sites. Also refer to # 93, Table 6 3. Newly captured burden. 6 17 TABLE 6 2 THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e): ICR PART A, SECTION 6( a)

Ref. # / ICR Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 40 CFR 761 Subpart B   Use 51 § § 761.20( e)( 3)( ii); .30( i)( 5)( ii); and .60( b)( 5)( iv)( B) Burner of used oil must provide a 1 time certification to the marketer that he is in compliance with notification requirement at § 761.71( a)( 2). 1 hour   No respondents anticipated. Refer to Appendix E for more details.

52/ 1000, 1729 § § 761.30( a)( 1)( xi) and ( xv)( A); .30( h)( 1)( ii)( B) Report PCB Transformers and Voltage Regulator fire incidents to the NRC. 0.167 hour ( 10 minutes) 5 calls Transformers; 5 calls VRs Based on 3 year average for PCB Transformers and assuming that the total number of PCB Voltage Regulator fires is about the same as for PCB Transformers ( See EPA, 1998b).

53 § 761.30( a)( 1) ( xiv) Notify owner of PCB Transformer that equipment may pose risk of exposure to food or feed.     No burden. All notifications were to have been made by October 1, 1985, although notification could occur if a mineral oil transformer in a location near food or feed is discovered to contain $ 500 ppm PCBs.

54 § 761.30( a)( 1)( xv) ( D) Register PCB Transformers with the building owner within 30 days of discovery     Burden reported on Table 6 1.

Subpart D   Storage and Disposal 55/ 1729 § 761.60( a)( 3)( ii) Provide information to chemical waste landfills that liquids do not exceed 500 ppm and are not ignitable. 20 hours   No respondents anticipated.

56/ 1729 § 761.60( b)( 5)( i) ( A)( 1) Include abandoned natural gas pipes that contain PCBs in public service notification programs. 0.25 hour ( 15 minutes) 50 pipes   TABLE 6 2, continued THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e) FOR ICR PART A, SECTION 6( a)

Ref. # / ICR Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 18 57/ 1446 § 761.60( f)( 1)( i) Provide State and local officials with notification prior to first use of an approved chemical waste landfill, incinerator, or alternate PCB disposal technology. 0.50 hour ( 30 minutes). 600 notifications Based on recent discussion with industry representatives, it was estimated that mobile equipment will be used at about 300 unique sites per year, as follows: 200 substations per year will use mobile equipment to clean PCB Transformers; about 50 remediation sites will use solvent extraction units; 5 sites will use mobile incinerators, vitrification units, or physical separation units, and 45 sites will use other existing or newly permitted equipment.

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

59/ 1729 § 761.60( j)( 1)( ii) Notify State and local officials ( as well as EPA) of PCB R& D disposal activities.     Total burden for EPA and third party reporting requirements are reported on Table 6 1.

60 § 761.60( j)( 1)( vii) Use manifests, pursuant to Subpart K, for all R& D PCB wastes being transported from the R& D facility to an approved PCB storage or disposal facility. 1 hour 25 facilities Estimate is based on one shipment per year for each facility. Newly captured burden.

61/ 1729 § § 761.61( a)( 3)( i) Notify State and local officials ( as well as EPA) of self implementing remediation activity.     Total burden for EPA and third party reporting requirements is reported on Table 6 1.

62/ 1729 § 761.61( a)( 5)( i) ( B)( 2)( iv) Notify offsite non TSCA facility of pending shipment of remediation waste. 2 hours 100 waste shippers Combined for remediation and bulk product wastes (# s 62 and 64).

63/ 1729 § 761.61( a)( 8)( i) ( A) Attach a notation to the deed for property at which remediation projects require a permanent fence or cap. 3 hours 100 sites.   TABLE 6 2, continued THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e) FOR ICR PART A, SECTION 6( a)

Ref. # / ICR Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 19 64/ 1729 § § 761.62( b)( 4)( i) and ( ii) ( See also § § 761.357 and 359) Provide notification to a receiving facility that does not have a commercial PCB storage or disposal approval before the first shipment of a PCB bulk product waste stream. In addition, for certain waste this notice must be provided with each shipment thereafter.     See # 62, above.

65 § § 761.65( c)( 1) and ( 8) Attach a notation to a PCB Item or PCB Container containing the item indicating the date the Item was removed from service for disposal, to be able to temporarily store the item/ container in an area that does not comply with the storage requirements of paragraph ( b) of this section. 0.083 hours ( 5 minutes) 380,000 Items, Containers, and Article Containers This estimate is based on an estimated 270,000 PCB Articles, as reported in the Cost Impact Statement for the Final Rule ( EPA, 1998b). It assumes that at any given time, there will be just as many PCB Containers and Article Containers as Articles, making the total number of PCB Items 540,000. For example, there may be instances where contaminated soil from one PCB Article spill may fill 50 containers or that the oil drained from one PCB Transformer fills 4 containers. The time estimate for these requirements considers that all Items must be dated when removed from service for disposal, whether or not the Item will be placed in temporary storage or not. Refer to the Appendix E for more information on this newly captured burden.

66/ 1446 § 761.65( i)( 3) Send information regarding the sample collector, the lab, date of shipment, quantity, and description of sample, when sending PCB samples to a laboratory for testing. 4 hours   Since EPA has no way of estimating the number of samples that would be sent off site annually for testing, or the frequency with which the samples are sent to an off site lab, EPA cannot estimate the total annual burden associated with this requirement.

Subpart G   PCB Spill Cleanup Policy TABLE 6 2, continued THIRD PARTY REPORTING BURDENS UNDER TSCA SECTION 6( e) FOR ICR PART A, SECTION 6( a)

Ref. # / ICR Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 20 67/ 1729 § 761.125( a)( 1) Report certain spills of PCBs to the NRC. 0.167 hours ( 10 minutes) 0 No respondents anticipated. Requirement also listed on Table 6 1.

68 § 761.125( c) ( 2)( ii) Place label or notice of PCB contamination at cleanup site. 1 hour 6,780 sites Estimate assumes that there will be about 12 spills per year at 565 large utilities, disposers, and storers. The capital costs for placing the sign is assumed to be $ 50 per site ( i. e., for posts, labels, etc.) Refer to Appendix E for more details on how this newly captured burden was estimated.

Subpart K   PCB Waste Disposal Records and Reports 69 § § 761.207( a) and 208( a)( 2) and ( 3) Prepare manifests and provide generator initiated manifests of PCB waste to each transporter or designated commercial storage or disposal facility. 0.167 hours ( 10 minutes) 22,577 reports Existing estimate to prepare manifest was confirmed through discussion with industry consultants and representatives ( Appendix E).

70 § § 761.208( c)( 1) ( iv) and ( c)( 2)( iv) Storer or disposer sends a copy of the manifest or shipping paper to the generator. 0.167 hours ( 10 minutes) 22,577 reports Revised estimate takes into consideration that the manifest is already prepared at this point.

71/ 1446, 1729 § § 761.218( a) and ( b) Send Certificates of Disposal to generators of PCB waste when disposal of each item is complete for a manifested PCB waste shipment. 0.25 hour ( 15 minutes) average 22,577 reports. The estimate is for submitting 1 report per manifest. The 15 minute time estimate used in the existing ICRs has been validated by the data gathering effort conducted for this report ( Appendix E). The new information confirmed that even when a facility must input data for each Item, most of the required information will be readily available for a majority of cases. 6 21 TABLE 6 3 RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e) FOR ICR PART A, SECTION 6( a)

Ref. # / ICR Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 40 CFR 761 Subpart A   General 72/ 1001 § § 761.1( f) Comply with recordkeeping requirements of Subpart J [ § § 761.185( c)( 2) and ( d), and .193] as a condition of the exclusion from the PCB bans, for persons who inadvertently manufacture or import PCBs generated as unintentional impurities in excluded manufacturing processes or generate PCBs in excluded manufacturing process or products with recycled PCBs.     Burden is reported at § § 761.185( c)( 2) and ( d), and .193( a). See # 100.

Subpart B   Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items 73/ 1729 § § 761.20( e) ( 4)( i) and ( ii); .30( i)( 5)( ii); and .60( b)( 5)( iv)( B) Marketer who first claims used oil does not contain detectable PCBs must retain records supporting the claim and a copy of each certification notice received or prepared relating to transactions involving PCB containing used oil. Burners must include among the records a copy of each certification notice that has been provided to a marketer of PCB containing used oil. 0.25 hours ( 15 minutes)   No significant burden anticipated, as discussed in Appendix E. TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e) FOR ICR PART A, SECTION 6( a)

Ref. # / ICR Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 22 74a, b/ 1000, 1729 § § 761.30( a)( 1) ( xii) and ( xiv) Maintain records of inspection and maint enance history for at least 3 years after the disposal of a PCB Transformer, including records of registration, as per § 761.30( a)( 1)( vi)( C). 0.05 hour ( 3 minutes) to track inspection data; 0.033 ( 2 minutes) to file and maintain data 312,080 PCB Transformers; 50 percent ( 156,040) are inspected annually and 50 percent are inspected quarterly Estimate represents the 312,080 PCB Transformers estimated to be in existence in 1997 ( as reported in an EPA report on the small entity impacts of the PCB Reclassification Rule: EPA, 1998d). Time estimate includes the average time for a technician to track the data ( 3 minutes) and for a clerk to file and maintain the data ( 2 minutes), based in part on a study reported in ICR 1000 by the Edison Electric Institute. This report does not account for actual inspection time. The calculations for this estimate account for the differences in burden between annual and quarterly inspections. It is assumed that the time to maintain records for the disposed transformers is insignificant.

74c, d/ 1000, 1446 § § 761.30( a)( 1) ( xii) and ( xiv) Maintain records of inspection and maintenance history for at least 3 years after the disposal of a PCB Transformer, including records of registration, as per § 761.30( a)( 1)( vi)( C). Accounts for the reduced number of Transformers that will be subject to this requirement based on the implementation of the Reclassification Rule, § § 761.30( a)( 2)( v) and ( vi). 0.05 hour ( 3 minutes) to track inspection data; 0.033 ( 2 minutes) to file and maintain data  7826 PCB Transformers; 50 percent ( 3,913) are inspected annually and 50 percent are inspected quarterly Please note that when the Reclassification Rule is implemented ( see # 75a and b), the total number of transformers that will be subject to the inspection recordkeeping requirement will be reduced. As indicated in the small entity impact analysis ( EPA, 1998d), 13 percent of the 60,200 pieces of equipment that will be reclassified are PCB Transformers ( 7,826). Using the same calculation method as indicated above for # 74 a and b, this requirement shows the estimated savings for the reduced number of Transformers that will be subject to this requirement. Refer to Section 6( e) for more details. TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e) FOR ICR PART A, SECTION 6( a)

Ref. # / ICR Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 23 75/ 1446 § § 761.30( a)( 2)( v), .30( h)( 2)( vi) and .180( a) Maintain records at the facility where electrical transformers and voltage regulators have been reclassified to a lower PCB concentration. 0.25 ( 15 minutes) 60,200 transformers Total number of transformers is based on two EPA analyses. One study conducted for the proposed Reclassification Rule estimated that 301,000 transformers containing > 50 ppm PCBs could potentially be retrofilled. An estimate from the cost analysis for the Final Rule was that 20 percent of all PCB Articles will be retrofilled ( EPA, 1998b). Thus, 60,200 transformers will be retrofilled each year ( 301,000 x 20%). As per the small entity impacts analysis of the PCB Reclassification Rule, it is assumed that it will take 15 minutes to maintain the records on pre and post reclassification concentration of the transformer ( EPA, 1998d).

76/ 1729 § § 761.30( i)( 1) ( iii)( B) and ( C) Keep records of data collected on certain natural gas pipeline systems with $ 50 ppm PCBs and records of actions taken to reduce PCB contamination for 3 years after PCBs reduced to < 50 ppm. 4 hours 100 systems It is not anticipated that new records will need to be developed; historical data can be used. TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e) FOR ICR PART A, SECTION 6( a)

Ref. # / ICR Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 24 77/ 1729 § 761.35( a)( 2) Keep records of equipment stored for reuse. 0.15 hour 189,225 pieces of equipment. Total pieces of equipment that require recordkeeping is based on information reported in the cost analysis for the Final Rule ( EPA. 1998b). It was reported in the cost analysis that equipment owners will store 182,700 PCB Articles for < 5 years in areas that do not comply with § 761.35( b) and 6,525 PCB Articles for > 5 years, with compliance with recordkeeping and reporting requirements, for a total of 189,225 pieces of equipment for this requirement.

Subpart C   Marking of PCBs and PCB Items 78/ 1729 § 761.40( c)( 2)( ii) and ( k) Keep records of the protected location of PCB large capacitors where owner chooses not to mark individually ( optional). 0.1 hour ( 6 minutes) 200,000 pieces of equipment   Subpart D   Storage and Disposal 79/ 1729 § 761.60( j)( 1)( ix) Keep records of R& D for disposal activities. 12 hours 25 facilities   TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e) FOR ICR PART A, SECTION 6( a)

Ref. # / ICR Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 25 80/ 1729 § § 761.61( a)( 3)( i)( E); and ( a)( 6) Retain records of the sampling plans, sample collection procedures, sample preparation procedures, extraction procedures, and instrumental/ chemical analysis procedures used to assess or characterize the PCB contamination at the cleanup site, and certification that these records are on file at the location designated in the certificate. Keep records of comparison studies for any alternate method used that meet or exceed the requirements of § 761.326. Keep records of sampling and sample analysis to verify cleanup and on site disposal of bulk PCB remediation wastes and porous surfaces, as per Subpart O, § 761.295. 1 hour 100 sites Number of respondents was increased in this report to account for all sites ( 100 sites), not just the sites using alternate methods ( 10 sites). Also see § 761.295.

81/ 1729 § 761.61( a)( 3)( iii) Retain original waivers from the selfimplementing remediation requirements received from the RA, State, and local agencies. 0.167 hour ( 10 minutes) 100 sites Time estimate was slightly increased to be consistent with similar activities.

82/ 1729 § 761.61( a)( 9) Keep records in accordance with § 761.125( c)( 5) for ( a)( 3), ( a)( 4), and ( a)( 5) of this part. 20 hours 100 sites ( Also see # 97.)

83/ 1729 § 761.62( b)( 5) Maintain a written record of all sampling and analysis of PCBs or notifications made under this part and make available upon request. 4 hours 26 sites Estimate is 15 percent of 170 total number of affected sites.

84/ 1729 § § 761.65( a)( 2)( ii) and ( a)( 3) Keep a written record of attempts to secure disposal capacity. Records may be required for periods of extended storage. 4 hours 38 waste storers   TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e) FOR ICR PART A, SECTION 6( a)

Ref. # / ICR Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 26 85/ 1729 § 761.65( c)( 1)( iv) Prepare/ modify Spill Prevention, Control and Countermeasure Plans to address liquid PCBs > 500 ppm, to be able to temporarily store PCB Containers containing liquid PCBs at $ 50 ppm in areas that do not comply with the storage requirements of § 761.65. 60 hours/ new plan; 2 hours/ adapted plan 5 new respondents; 10 to adapt existing plan It is estimated that only 5 waste generation facilities will be required to prepare plans from scratch, whereas 10 facilities will be required to adapt existing plans. See Appendix E.

86 § 761.65( c)( 7)( ii) Prepare a Spill Prevention, Control, and Countermeasure Plan ( SPCC), when using stationary storage containers, as per 29 CFR 1910.106, for liquid PCBs. 60 hours 5 facilities It is not foreseen that many facilities will enter into the PCB storage business each year, as discussed in Appendix E.

87/ 1729 § 761.65( c)( 8) Keep records of the quantity and the date of each batch added to the stationary storage container. 0.083 hours ( 5 minutes) 30,000 batches Refer to Appendix E for a detailed discussion of this increased estimation.

88 § § 761.65( c)( 10) and .180 Establish and maintain records as per § 761.180 for storing for disposal PCBs and PCB Items $ 50 ppm. 843 hours 110 commercial storers This newly captured burden assumes that the recordkeeping systems are already established. The total number of storers was obtained from the EPA list of TSCA Commercial Storers, March 29, 1999. Refer to Appendix E for more details.

89 § § 761.70( a)( 3), ( 4) and ( 7); ( c); and 761.180( c) Maintain for incinerators records of quantities, feed rates, temperatures, combustion products, and operations, and special records, as per § 761.180( c). 843 hours 5 incinerators Refer to Appendix E for more details on this newly captured burden.

90/ 1729 § § 761.71( a)( 1) ( vi) and ( vii), ( a)( 4), ( b)( 1)( vi  vii), ( b)( 5); 761.180( e) Record and retain monthly HEB operation data. 12 hours 20 HEBs Note that 5 of these HEBs ( from EPA Region VI) are used intermittently, so that total hourly burden may actually be less than indicated in this report. Also, total number of HEBs is based on EPA estimate of 2 per region.

91/ 1729 § § 761.72( a)( 9) and ( b)( 6) Record and retain records of temperature readings from scrap metal recovery ovens. 3 hours 100 ovens   TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e) FOR ICR PART A, SECTION 6( a)

Ref. # / ICR Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 27 92 § § 761.75( b)( 6) ( iii) and ( b)( 8) ( iv); 761.180( d) Maintain records for all PCB disposal operations at chemical waste landfills, including PCB concentration in liquid wastes, the threedimensional burial coordinates for PCBs and PCB Items, water sampling and analysis, and additional records as required in § 761.180. 843 hours 8 landfills Refer to Appendix E for a more detailed discussion on these newly captured burdens.

93/ 1729 § 761.79( d)( 4) and Subpart T Retain test/ validation results of PODFs and VADFs. 0.5 hour 5 facilities Estimate is 5 percent of the 100 decontamination sites, with a burden slightly reduced from ICR 1729.

94/ 1729 § § 761.79( f)( 1) and ( 2) Keep records of confirmatory sampling and sampling locations/ results for decontamination activities and compliance with self implementing decontamination procedures. 2 hours 100 sites. Slightly reduced burden from ICR 1729.

Subpart E   Exemptions 95/ 1729 § 761.80( e)( 5) and ( i)( 7) Keep records of activities associated with manufacture/ processing/ distribution in commerce of PCBs or PCB reference samples derived from waste materials for R& D. 12 hours 25 facilities   96 § 761.80( g)( 1) Keep records of PCB processing and distribution in commerce activities, for facilities that process and distribute small quantities of PCBs for R& D. 12 hours 15 facilities Total number of facilities is based on an EPA list of Pending TSCA PCB Exemption Petitions, as of August 14, 1998.

Subpart G   PCB Spill Cleanup Policy 97 § § 761.125( b)( 3) and ( c)( 5); .61( a)( 9) Maintain records of cleanup and certification of decontamination. 8 hours 6,780 sets of records Refer to Appendix E for an explanation of this calculation.

98 § 761.125( c)( 1) Maintain records documenting delay in spill cleanup activities and areas of visible contamination. 0.5 hours 339 sites It is anticipated that 5 percent of the total number of spills, as reported above, would face delays in cleanup. TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e) FOR ICR PART A, SECTION 6( a)

Ref. # / ICR Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 28 Subpart J   General Records and Reports 99/ 1446, 1729 § § 761.180( a), ( a)( 4), ( b) and ( f); 761.65( c)( 5) Maintain annual records and document log for PCBs and PCB Items for 5 years after facility ceases, including manifests, CDS, records of inspections and cleanups, facility and Item ID information, number of Items, phone records, and Item transfer information, for owners/ operators of storage and disposal facilities. Collect and maintain documents, correspondence, and data pertaining to storage/ disposal of PCBs that have been provided to as well as received from any State/ local agency and any application/ correspondence submitted to permitting authorities. 52 hours 6,270 waste handlers The time to keep the annual log varies widely, based on the level of PCB activity taking place and the volume of PCBs and PCB Items handled. To keep the annual log takes from 1 hour to over 40 hours each week. Total number of facilities is the total number of PCB waste handlers minus the total number of commercial storers and disposers ( 230 facilities). Refer to the Appendix E for more details on this increased burden.

100/ 1001 § § 761.185( c)( 2), ( d) and .193( a) and ( b) Maintain theoretical analysis or monitoring records by persons who import, manufacture, process, distribute in commerce, or use products containing inadvertently generated or recycled PCBs, pursuant to § 761.1( f)( 1) to ( 3). Maintain letter certifying compliance with § 761.1( f), for excluded manufacturing processes. 5 hours to file records; 5 hours to maintain previous reports 25 new respondents; 10 previous respondents Total number of respondents is based on 1999 EPA tally from February 1996 to February 1999 that shows that 21 companies are submitting these notices.

Subpart K   PCB Waste Disposal Records and Reports 101/ 1446 § § 761.208 and .209 File and maintain manifests initiated or received by the PCB generator and any subsequent PCB waste handler. 0.167 hour ( 10 minutes) 22,577 manifests   TABLE 6 3, continued RECORDKEEPING BURDENS UNDER TSCA SECTION 6( e) FOR ICR PART A, SECTION 6( a)

Ref. # / ICR Regulatory Section( s) Collection Requirement Time Estimate Total # Respondents Per Year Comments 6 29 102/ 1446 § 761.218( c) Maintain a copy of each Certificate of Disposal received from disposers, for generators and commercial storers of PCB waste. 0.167 hour ( 10 minutes) 22,577 certificates Estimates are based on the estimates used for a similar requirement, # 101, above.

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

103 § 761.398( c) Record testing parameters and experimental conditions in SOP. Results of validation study are to be affixed in an appendix. 16 hours 5 facilities Refer to Appendix E for more details on this calculation. 6 30 6( b) Estimating Respondent Costs Tables 6 4, 6 5, and and 6 6 show the annual respondent hourly burden and cost estimates for the reporting, third party reporting, and recordkeeping requirements of the Consolidated ICR. For the labor rate estimates used in the ICRs, EPA relied on the Comprehensive Assessment and Information Rule ( CAIR)

economic analysis, which measured costs to the same industries affected by these collections at hourly labor rates as follows ( including benefits and overhead): legal @ $ 80.69; managerial @ $ 60.42; scientific @ $ 52.39;

technical/ foreman @ $ 43.80; engineering technician ( line employee) @ $ 31.41; and clerical @ $ 21.73 ( rounded to the nearest dollar: $ 81; $ 60, $ 52; $ 44, $ 31, and $ 22, respectively). The cost for using the services of consulting engineers was estimated to be $ 72 per hour. The engineering technician wage rate was judged to be appropriate for compliance activities performed by non supervisory personnel. It corresponds to the weekly wage for engineering technicians, Level IV, as estimated by the Bureau of Labor Statistics ( Bureau of Labor Statistics, 1997). That wage rate was multiplied by 1.64 to capture standard OPPT assumptions about labor fringe benefits and overhead rates. Note that no requirement was found to use legal or scientific services.

There are no new capital or training costs anticipated to the affected industries or the Federal government associated with responding to the information collections that are subject to renewal ( i. e., ICRs 583, 857, 1000, 1001, 1012, and 1446), nor have there been any Federal costs associated with printing or mailing. Costs associated with reading the rule, providing training, and updating procedures to comply with the reporting and recordkeeping requirements for the Final PCB Disposal Rule ( 63 FR 35384, 62/ 19/ 88; ICR 1729) have been accounted for by taking 10 percent of the total cost of each requirement and annualizing the costs over the OMB 3 year clearance period using a factor of 0.3811. The new one time requirements of the Final PCB Disposal Rule ( ICR 1729) were also annualized for a 3 year period, as indicated on Tables 6

3and 6 4. Because operations and maintenance costs for these information collections ( i. e., costs associated with telephone calls, photocopying, and other general office overhead expenses) have been estimated to be relatively low and within the range of the estimation error, there are no added costs for these activities. Also note that variations in some of the totals on the tables are due to rounding. 6 31 TABLE 6 4 ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE  REPORTING Ref # Regulatory Citation Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Eng. @ $ 72/ Hour Mgr. @ $ 60/ Hour Tech. @ $ 44/ Hour Cler. @ $ 22/ Hour Hours/ Respond ./ Year ( 1) Labor Cost/ Year ( 2) Training / Startup Costs ( 3) Total # of Respond . Total Hours/ Year ( 4) Total Cost/ Year ( 5, 6)

Subpart B 3 761.30( a)( 1)( vi), ( vii), ( xv)( D) Register newly discovered PCB Transformers  1   1 $ 60 $ 2 500 500 $ 11,869 ( 6)

4 761.30( a)( 2)( iv) Obtain app. to use alt. meth. to simulate loaded conditions for reclassifying transformers  8 10 2 20 $ 964 $ 0 38 750 $ 13,960 ( 6)

5 761.30( i)( 1)( iii)( A)( 1) Submit descriptions of gas pipeline systems  8 10 2 20 $ 964 $ 37 5 100 $ 1,907 ( 6)

Subpart D 8 761.60( e), ( i)( 2); 761.70( a), ( b), ( d)( 2); 761.75( b)( 7), ( b)( 8)( ii), ( c) Submit disposal permit applications 910   80 900 $ 67,280 $ 0 15 14,850 $ 384,606 ( 6)

9 761.60( j)( 1)( i) Obtain identification number for R& D   1.5  1.5 $ 66 $ 3 25 38 $ 653 ( 6)

10 761.60( j)( 1)( ii) Notify officials of R& D activities   4 2 6 $ 220 $ 8 20 120 $ 4,568 12 761.61( a)( 3)( i),( ii) Notify officials of self imp. remediation  30 50 20 100 $ 4,440 $ 169 90 9,000 $ 414,829 13 761.61( a)( 3)( ii) Notify EPA of self imp. remediation   2  2 $ 88 $ 3 10 20 $ 914 14 761.61( a)( 3)( iii) Request waiver of notification requirement  2 16 2 20 $ 868 $ 33 10 200 $ 9,011 15 761.61( a)( 8)( i)( B) Certify recording of deed notation   4  4 $ 176 $ 7 100 400 $ 18,271 16 761.61( c)( 1) Apply for risk based disposal approval for remediation waste 1,480   120 1,600 $ 109,20 0 $ 4,162 5 8,000 $ 216,011 ( 6)

17 761.62( c)( 1) Apply for risk based disposal or storage approval for bulk PCB product waste 1,480   120 1,600 $ 109,20 0 $ 4,162 5 8,000 $ 216,011 ( 6)

18 761.65( a)( 2), ( 3), ( 4) Notify of attempts to secure disposal   2 1 3 $ 110 $ 4 38 114 $ 4,339 21 761.65( c)( 6)( i)( C) Demonstrate that storage containers for PCB/ rad waste are protective of health/ env. 32   8 40 $ 2,480 $ 95 1 40 $ 981 ( 6)

22 761.65( d),( e)( 1),( e)( 6 Prepare storage approval application   392  392 $ 17,248 $ 657 3 1,176 $ 20,471 ( 6)

23 761.65( e)( 4) Submit RA request to modify storage  1.5  0.5 2 $ 101 $ 0 10 20 $ 1,010 24 761.65( g)( 9) Notify EPA of changes to storage facilities   1.5 0.5 2 $ 77 $ 3 10 20 $ 799 25 761.65( j) Demonstrate financial assurance for closure 80 20  20 120 $ 7,400 $ 0 3 360 $ 8,460 ( 6)

27 761.70( d)( 8); 761.75( c)( 7) Notify EPA of changes in disposal facility ownership  7  1 8 $ 442 $ 0 2 16 $ 884 28 761.71( a)( 2) and ( b)( 2) Notify EPA prior to initial use of HEB   1.5  1.5 $ 66 $ 3 20 30 $ 1,370 TABLE 6 4 ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE  REPORTING Ref # Regulatory Citation Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Eng. @ $ 72/ Hour Mgr. @ $ 60/ Hour Tech. @ $ 44/ Hour Cler. @ $ 22/ Hour Hours/ Respond ./ Year ( 1) Labor Cost/ Year ( 2) Training / Startup Costs ( 3) Total # of Respond . Total Hours/ Year ( 4) Total Cost/ Year ( 5, 6)

6 32 29 761.72( c)( 2) Notify EPA as a scrap metal recovery oven or smelter   1.5  1.5 $ 66 $ 3 20 30 $ 1,370 31 761.77( a)( 1)( i), ( a)( 1) ( ii)( A)( 1), ( C), ( a)( 2) Request coordinated approval  8 20 9 36 $ 1,536 $ 59 36 1,296 $ 57,403 32 761.77( a)( 3) Notify EPA of changes to coord. appr.  6  2 8 $ 404 $ 15 5 40 $ 2,097 Subpart E 34 761.80( e)( 1); ( i)( 1) Qualify for R& D exemptions  32  8 40 $ 2,096 $ 80 25 1,000 $ 54,397 35 761.80( e)( 2) and ( i)( 1) Submit requests for renewal of the class exemptions  1   1 $ 60 $ 2 2 2 $ 125 37 761.80( e)( 4) Notify EPA of PCB mfg. before R& D  2 16 2 20 $ 868 $ 33 3 60 $ 2,703 38 761.80( n) Request approval for changes in class exemption as per 750.11, 750.31  32  8 40 $ 2,096 $ 80 3 120 $ 6,528 SUBPART J 41 761.180( b), ( b)( 3), ( c)( 5) Prepare/ submit annual reports on storage/ disposal  56  3 59 $ 3,426 $ 0 265 15,635 $ 907,890 42 761.185 Notify EPA for exclusion for inadvertent generation of PCBs  6 11 3 20 $ 426 $ 0 10 200 $ 4,260 43 761.187 Notify EPA when exceed limits for inadvertent generation of PCBs  6 11 3 20 $ 426 $ 0 1 20 $ 426 SUBPART K 44 761.202( a), 761.205( a e) Notify EPA of PCB waste activity  1  0.5 1.5 $ 71 $ 0 100 150 $ 7,100 45 761.205( f) Report changes in waste handler  1  0.5 1.5 $ 71 $ 3 200 300 $ 14,741 46 761.208( a)( 4), 761.215( b d) Submit Exception and Discrepancy Reports to EPA   1.5 0.5 2 $ 77 $ 0 25 50 $ 1,925 48 761.211( b) Notify EPA of unmanifested waste   0.5  0.5 $ 22 $ 0 25 13 $ 550 49 761.211( c) Submit Unmanifested Waste Reports   1.5 0.5 2 $ 77 $ 0 50 100 $ 3,850 SUBPART T 50 761.395, 761.398 Submit results of validation study analysis to EPA  1 14 1 16 $ 698 $ 0 5 80 $ 3,490 TOTALS 62,859 $ 2,399,77 Notes: ( 1) Sum of staff hours. 6 33 ( 2) Sum of staff hours x labor rates. ( 3) 10% of total labor costs, annualized for 3 year period, using 0.3811 annualization factor. ( 4) Hours/ respondent/ year x total number of respondents. ( 5) ( Labor + training costs)/ respondent x total number of respondents. Totals may not add due to rounding. ( 6) Total costs are annualized ( x 0.3811) for one time requirements. 6 34 TABLE 6 5 ANNUAL RESPONDENT HOURLY BURDEN AND COST ESTIMATE  THIRD PARTY REPORTING Ref # Regulatory Citation Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Mgr. @ $ 60/ Hour Tech. @ $ 44/ Hour Cler. @ $ 22/ Hour Hours/ Respond ./ Year ( 1) Labor Cost/ Year ( 2) Training / Startup Costs ( 3) Total # of Respond . Total Hours/ Year ( 4) Total Cost/ Year ( 5, 6)