Section 6(e)(1) of the Toxic Substances Control Act (TSCA), 15 USC 2605(e), directs EPA to regulate the marking and disposal of PCBs. Section 6(e)(2) bans the manufacturing, processing, distribution in commerce, and use of PCBs in other than a totally enclosed manner. Section 6(e)(3) establishes a process for obtaining exemptions from the prohibitions on the manufacture, processing, and distribution in commerce of PCBs. Since 1978, EPA has promulgated numerous rules addressing all aspects of the life cycle of PCBs as required by the statute. The regulations are intended to prevent the improper handling and disposal of PCBs and to minimize the exposure of human beings or the environment to PCBs. These regulations have been codified in the various subparts of 40 CFR 761. There are approximately 100 specific reporting, third-party reporting, and recordkeeping requirements covered by 40 CFR 761.To meet its statutory obligations to regulate PCBs, EPA must obtain sufficient information to conclude that specified activities do not result in an unreasonable risk of injury to health or the environment. EPA uses the information collected under the 40 CFR 761 requirements to ensure that PCBs are managed in an environmentally safe manner and that activities are being conducted in compliance with the PCB regulations. The information collected by these requirements will update the Agencys knowledge of ongoing PCB activities, ensure that individuals using or disposing of PCBs are held accountable for their activities, and demonstrate compliance with the PCB regulations. Specific uses of the information collected include determining the efficacy of a disposal technology; evaluating exemption requests and exclusion notices; targeting compliance inspections; and ensuring adequate storage capacity for PCB waste. This collection addresses the several information reporting requirements found in the PCB regulations.
Responses to the collection of information are mandatory (see 40 CFR part 761). Respondents may claim all or part of a response confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2.
US Code:
15 USC 2605e
Name of Law: Toxic Substances Control Act
There are program change burden increases associated with the incorporation of the November 2019 Guidance for Applicants Requesting to Treat/Dispose of PCBs Using Incineration or an Alternative Method into this ICR from another ICR approved under OMB Control No. 2070-0211. Specifically, the 2019 guidance document establishes consistency across EPA Regional Offices for full information for renewal applications whereas some regional offices previously accepted only perfunctory information from renewal applications. This establishment of a consistent nationwide approach is estimated to result in a 2,076 hour burden increase. There is also an estimated 480 burden increase associated with reading abd using the 2019 guidance. These program change burden increases are offset by a 5,960 hour program change decrease associated with the utilization of the the 2019 guidance by respondents. There is a 1,384 hour adjustment increase associated with adjustments to the baseline activity groupings for PCB disposal permit applications and the estimated number of related responses. There is also a 1-hour adjustment increase associated with this IC that is part of a 34-hour correction to the overall burden estimate for this ICR. The supporting statement submitted to OIRA for review with the last renewal of this ICR was correct and OIRA's review of that supporting statement resulted in no changes, but IC data for reginfo.gov was incorrectly reported due to a transcription error at the time of submission.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form 7720-12 PCBs: Consolidated Reporting and Recordkeeping Requirements - Reporting
1446ss13_Non-Substantive Change_PCB Applicants Guide_2020-03-11.pdf
PCBs: Consolidated Reporting and Recordkeeping Requirements - Reporting