2688ss01

SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 2050-NEW

Alternate PCB Extraction Methods and Amendments to PCB Cleanup and Disposal Regulations

March 2021

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of the Information Collection

Title: PCBs, Consolidated Reporting and Recordkeeping Requirements

EPA ICR No.: XXXX.YY

OMB Control No: 2070-NEW

Docket ID No.: EPA-HQ-OLEM-2019-0XXX

1(b) Short Characterization

The Toxic Substances Control Act (TSCA) section 6(e), 15 USC 2605(e), directs the Environmental Protection Agency (EPA) to regulate the marking and disposal of polychlorinated biphenyls (PCBs). Implementing regulations have been codified in Part 761 in Title 40 of the Code of Federal Regulations (40 CFR part 761).¹

Under this authority, EPA established specific methods that are allowable for extraction and analysis for PCBs under the TSCA regulations (also referred to as the “PCB regulations” throughout this document). EPA is proposing to expand and update the allowable methods. These proposed changes, once finalized, would provide greater flexibility to entities characterizing and verifying the cleanup of PCB waste. The additional extraction and determinative methods are also expected to ease regulatory burden and costs on the regulated community, result in quicker and more efficient cleanups, and reduce the amount of solvent used in PCB extraction processes.

EPA is also proposing several other amendments to the PCB regulations. Specifically, the Agency is proposing to amend the performance-based disposal option for PCB remediation waste; remove the provision allowing PCB bulk product waste to be disposed as road bed material; add more flexible provisions for cleanup and disposal of waste generated by spills that occur during emergency situations (e.g., hurricanes or floods); harmonize the general disposal requirements for PCB remediation waste; and make other amendments to improve the implementation of the regulations, clarify ambiguity, and correct technical errors.

The overall reporting and recordkeeping requirements for PCBs are reported in a separate ICR, OMB Control No. 2070-0112 (EPA ICR No. 1446.12). This ICR (EPA ICR No. 2688.01) will be rolled into the consolidated PCB ICR (EPA ICR No. 1446.12) in the next renewal cycle.

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need and Authority for the Collection

The reporting and recordkeeping requirements of this ICR are proposed under the TSCA authorities at 15 USC 2605(e). To meet its statutory obligations, EPA must obtain sufficient information to conclude that the specified activities do not result in an unreasonable risk of injury to health or the environment. The proposed regulatory changes are intended to prevent the improper handling and disposal of PCBs and to minimize the exposure of human beings or the environment to PCBs. To assist EPA in achieving these goals, the information collected by the proposed requirements will update the Agency’s knowledge of ongoing PCB activities, ensure that individuals using or disposing of PCBs are held accountable for their activities, and demonstrate compliance with the PCB regulations.

2(b) Practical Utility and Users of the Data

EPA will use the collected information to ensure that PCB waste is being managed in a protective manner. The addition of a form for the annual report data will help EPA receive and process the data in a uniform manner. The recordkeeping and post-cleanup notification requirements in the proposed changes to § 761.61(b) will allow EPA and state environmental regulatory agencies to determine whether or not regulatory requirements are being followed. The recordkeeping and waiver request requirements in the proposed emergency situations provisions (§ 761.66) will allow EPA to evaluate and respond to the requests to waive certain provisions of the PCB regulations for spills caused by emergency situations. Categorizing PCB waste into five groups instead of the current three groups on the manifest will make it easier for companies to prepare annual report data. Amending the Notification of PCB Activity form to request an email address from the notifier will allow EPA to follow up more expeditiously.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Nonduplication

None of the information required by the proposed rule would duplicate information required by existing TSCA regulations.

3(b) Public Notice

In compliance with the Paperwork Reduction Act of 1995, EPA will open a 90-day public comment period at the time that this proposed rule is published in the Federal Register. To assist the public in commenting on the proposal, EPA raised a number of issues in the preamble to the proposed rule and asked for the public to comment on them. At the end of the comment period, EPA will review public comments received in response to the notice and will address comments received, as appropriate.

3(c) Consultations

EPA consulted and collected information from interested parties during the development of the proposed rule. In order to estimate the number of certified laboratories that perform PCB extractions under TSCA, EPA contacted commercial labs certified for the relevant methods. The number of laboratories that EPA was able to contact was limited by the Paperwork Reduction Act and the willingness of contacted laboratories to provide data. The summaries of the conversations with interested parties are available in the docket for the proposed rule (Docket ID No. EPA-HQ-OLEM-2019-0XXX).

3(d) Effects of Less Frequent Collection

EPA has carefully considered the burden imposed upon the regulated community by the proposed rule. EPA is confident that those activities required of respondents are necessary, and to the extent possible, the Agency has attempted to minimize the burden imposed. EPA believes strongly that, if the minimum information collection requirements of the proposed rule are not met, neither the industry nor EPA will be able to ensure that PCB wastes are being managed in a manner that does not present an unreasonable risk of injury to health or the environment under the amended PCB regulations.

3(e) General Guidelines

This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB’s implementing regulations, EPA’s ICR Handbook, and other applicable OMB guidance.

3(f) Confidentiality

EPA handles claims of confidentiality pursuant to established CBI procedures, as found at section 14 of TSCA, 40 CFR 750.16 and 750.36, and the Agency’s TSCA CBI Manual. CBI is also protected under the Freedom of Information Act (5 USC 525). Most of the information requested in the reporting or recordkeeping requirements of these collections is not of a confidential nature.

3(g) Sensitive Questions

No questions of a sensitive nature are included in the information collection requirements associated with the proposed rule.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents and NAICS Codes

This proposed rule potentially affects persons that manufacture, process, distribute in commerce, use, or dispose of PCBs. Potentially affected entities may include, but are not limited to:

NAICS Code	Primary NAICS Description
22	Utilities: Electric power and light companies, natural gas companies.
31-33	Manufacturers: Chemical manufacturers, electroindustry manufacturers, end-users of electricity, general contractors.
48-49	Transportation and Warehousing: Various modes of transportation including air, rail, water, ground, and pipeline.
53	Real Estate: People who rent, lease, or sell commercial property.
54	Professional, Scientific, and Technical Services: Testing laboratories, environmental consulting.
92	Public Administration: Federal, State, and local agencies.
562	Waste Management and Remediation Services: PCB waste handlers (e.g., storage facilities, landfills, incinerators), waste treatment and disposal, remediation services, material recovery facilities, waste transporters.
811	Repair and Maintenance: Repair and maintenance of appliances, machinery, and equipment.

4(b) Information Requested

This section describes changes to the reporting and recordkeeping requirements for entities managing PCB waste under the proposed rule.

(1) Performance-based Cleanup Under § 761.61(b)(1).

(A) Recordkeeping. Recordkeeping is required in accordance with § 761.125(c)(5), which states:

The responsible party shall document the cleanup with records of decontamination. The records must be maintained for a period of 5 years. The records and certification shall consist of the following:

(i) Identification of the source of the spill, e.g., type of equipment.

(ii) Estimated or actual date and time of the spill occurrence.

(iii) The date and time cleanup was completed or terminated (if cleanup was delayed by emergency or adverse weather: the nature and duration of the delay).

(iv) A brief description of the spill location and the nature of the materials contaminated. This information should include whether the spill occurred in an outdoor electrical substation, other restricted access location, or in a nonrestricted access area.

(v) Pre-cleanup sampling data used to establish the spill boundaries if required because of insufficient visible traces and a brief description of the sampling methodology used to establish the spill boundaries.

(vi) A brief description of the solid surfaces cleaned.

(vii) Approximate depth of soil excavation and the amount of soil removed.

(viii) Post cleanup verification sampling data and, if not otherwise apparent from the documentation, a brief description of the sampling methodology and analytical technique used.

(ix) While not required for compliance with this policy, information on the estimated cost of cleanup (by manhours, dollars, or both) would be useful if maintained in the records.

(B) Cleanup Completion Notification. Within 14 days of sending the final shipment of waste offsite for disposal from a site cleaned up under § 761.61(b)(1), the person in charge of the cleanup or the owner of the property where the PCB remediation waste was located shall notify, in writing, the EPA Regional Administrator, the Director of the State or Tribal environmental protection agency, and the Director of the county or local environmental protection agency where the cleanup was conducted. EPA may require additional on-site cleanup upon finding that the cleanup level(s) in § 761.61 (b)(1)(ii) have not been met. The notification shall include:

(i) Site identification information, including the site address and the name, phone number, and email address of the site contact;

(ii) Disposal facility and shipment information, including the disposal facility’s name and address, the manifest tracking number(s), and the quantity of waste shipped;

(iii) A summary of all applicable components of the records in § 761.125(c)(5); and

(iv) A certification using the language in § 761.3.

(2) Waiver Request for Managing PCB Waste in Emergency Situations Under § 761.66.

(A) Waiver request. Any person intending or planning to sample, extract, analyze, clean up, store, and/or dispose of PCBs under § 761.66 shall submit a waiver request to the Regional Administrator in the EPA Region where the sampling, extraction, analysis, cleanup, storage, and/or disposal is, or will be, located in writing and/or by email no later than 7 days after discovery of the release or implementation of any temporary emergency measures, as applicable. If the sampling, extraction, analysis, cleanup, storage, or disposal activities in the waiver request would be conducted in more than one Region, then the waiver request must be submitted, in its entirety, to the Regional Administrators for all affected Regions. This request shall include:

(i) The contact information for the person requesting the waiver.

(ii) Location(s) of the release(s).

(iii) The type(s) of material(s) that are contaminated and the source of the release, if known.

(iv) The as-found PCB concentrations in the PCB waste, unless the materials are being managed as if they contain ≥ 500 ppm PCBs. If actual PCB concentrations have not yet been determined, then estimated concentrations may be provided in the request. Actual PCB concentrations shall be determined before disposal activities commence, unless the waste is being managed as if it contains ≥ 500 ppm PCBs.

(v) The provisions of §§ 761.60, 761.61, 761.62, or 761.65 that the person requests to waive or modify (or to use alternative procedures for) and an explanation of why compliance with the existing provisions would be impracticable as a result of the emergency situation.

(vi) The plan for how sampling, extraction, analysis, storage, cleanup, and/or disposal of the PCB waste would be conducted if the relief described in § 761.66(v) was granted. Provide information to support how the actions described in the plan do not pose an unreasonable risk of injury to health or the environment. This plan shall be based on the as-found PCB concentrations in the materials unless waste is being managed as if it contained PCBs ≥ 500 ppm.

(vii) Whether or not the PCB waste is near, or likely to impact, surface waters, ground waters, drinking water sources or distribution systems, wells, sediments, sewers or sewage treatment systems, grazing lands, vegetable gardens, residential dwellings, hospitals, schools, nursing homes, playgrounds, parks, day care centers, endangered species habitats, estuaries, wetlands, national parks, national wildlife refuges, commercial fisheries, or sport fisheries and how those areas and potential impacts will be addressed.

(B) Revised Waiver Requests. To make changes to submitted information in the waiver request, the requestor shall submit the new information to the EPA Regional Administrator(s) in writing and/or by email.

(C) Records, manifests, and certification. Recordkeeping and certification are required in accordance with § 761.125(c)(5). The manifesting and reporting requirements in Subpart K apply to waste disposed of under this section. However, if the person requesting a waiver has not previously submitted a notification of PCB activity as described in § 761.205 and the requirements of § 761.205 specify that such notification is required for the cleanup, storage, and/or disposal activity, the requestor shall submit the notification within 10 business days of their waiver request. The Requestor does not have to wait to obtain their EPA identification number before initiating cleanup and/or disposal activities described in their waiver request. While waiting for their identification number, the requestor may use the generic identification “40 CFR PART 761” on manifests for PCB waste. The requestor may alternatively use an EPA identification number they previously obtained from the EPA or a state under RCRA, if they have one. Once the requestor receives an EPA identification number, they shall use it on manifests for PCB waste.

(3) Addition of EPA Form XXXX-YY for Submission of PCB Annual Reports to § 761.180(b)(3)

(A) The owner or operator of a PCB disposal facility (including an owner or operator who disposes of his/her own waste and does not receive or generate manifests) or a commercial storage facility shall submit an annual report using EPA Form XXXX-YY, which briefly summarizes the records and annual document log required to be maintained and prepared under § 761.180(b)(1) and (b)(2) to the Director, Office Resource Conservation and Recovery at the address listed on the form, by July 15 of each year, beginning with July 15, 1991. The first annual report submitted on July 15, 1991, shall be for the period starting February 5, 1990, and ending December 31, 1990. The annual report shall contain no confidential business information. The annual report shall consist of the information listed in paragraphs (b)(3)(i) through (b)(3)(vi) of this section.

(4) Addition of Optional Email Address to EPA Form 7710-53 Under § 761.205(a)(4)(v)

(A) All of the following information should be provided to EPA on Form 7710-53:

(i) The facility's installation contact, telephone number, and email address (an email address is not required to be provided).

(5) Change of PCB Waste Categories for Use on the Manifest, EPA Form 8700-22, at § 761.207(a)

(A) Manifest Categories. A generator who relinquishes control over PCB wastes by transporting or offering for transport by their own vehicle or by a vehicle owned by another person, PCB waste for commercial offsite storage or off-site disposal shall prepare a manifest on EPA Form 8700– 22, and if necessary, a continuation sheet. The generator shall specify:

(1) For each bulk load of PCBs, the identity of the PCB waste, the earliest date of removal from service for disposal, and the weight in kilograms of the PCB waste.

(2) For each PCB transformer, the serial number if available, or other identification if there is no serial number, the date of removal from service for disposal, and weight in kilograms of the PCB waste in each PCB transformer.

(3) For each PCB Large High or Low Voltage Capacitor, the serial number if available, or other identification if there is no serial number, the date of removal from service for disposal, and weight in kilograms of the PCB waste in each PCB Large High or Low Voltage Capacitor.

(4) For each PCB Article Container, the unique identifying number, type of PCB waste (e.g., small capacitors), earliest date of removal from service for disposal, and weight in kilograms of the PCB waste contained therein.

(5) For each PCB Container, the unique identifying number, type of PCB waste (e.g., soil, debris, small capacitors), earliest date of removal from service for disposal, and weight in kilograms of the PCB waste contained therein.

5. THE INFORMATION COLLECTED --AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

The post-cleanup notifications and the waiver requests will be submitted to the EPA Regional Administrator in the Region where the PCB waste is located. The annual reports (EPA Form 6200-025) and Notifications of PCB Activity (EPA Form 7710-53) will be submitted to the Director of ORCR at the EPA office in Washington D.C. The records required under the §761.66 waiver program and the §761.61(b)(1) performance-based cleanup would be kept on site and not be submitted to EPA for review. Changing the PCB waste categories on the manifest would not affect Agency activities; manifests will be used and processed as they currently are. While the waiver requests would need to be evaluated by the Agency, the proposed waiver program for emergency situations formalizes and streamlines a consultation with site owners that already exists. Therefore, these activities should not cause a significant increase in burden to the Agency compared to existing burden.

5(b) Collection Methodology and Management

The information collected (e.g., waiver requests, annual reports, and notifications) will be managed in a similar manner to previous requests, notifications, and reports received by EPA. EPA will use equipment such as personal computers and applicable database software.

5(c) Small Entity Flexibility

The proposed rule is not expected to cause a significant impact on small entities, since the rule is expected to result in net cost savings. Under the proposed rule, small entities will benefit due to greater flexibility in how they respond to emergencies and manage their PCB waste.

5(d) Collection Schedule

Facilities will be required to submit annual reports by July 15^th of each year. The waiver request and post-cleanup notification are one-time submissions. As stated in 5(a) above, records required under the §761.66 waiver program and the §761.61(b)(1) performance-based cleanup would be kept on site and not be submitted to EPA for review. Notifications of PCB Activity (EPA Form 7710-53) are submitted once and re-submitted as needed to update the limited information captured by the form. Manifests are used when generators ship TSCA-regulated PCB waste.

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a) Estimating Respondent Burden

In Table 2, EPA presents the estimates of the annual respondent burden associated with the new information collection requirements in the proposed rule. As shown in the exhibit, EPA estimates that the total annual respondent burden for the new paperwork requirements in the rule is 8,276 hours. However, when viewed in conjunction with the ICR approved under OMB Control No. 2070-0112, the proposed rule is expected to increase annual burden by 10 hours.

6(b) Estimating Respondent Costs

EPA also presents in Table 2 estimates of the total annual respondent cost for the new paperwork requirements in the proposed rule. The total annual respondent cost is $979,187. This cost includes annual labor, capital, and operation and maintenance (O&M) costs to be incurred by respondents affected by the information collection requirements covered in this ICR. Specific data and/or assumptions used in developing these costs are described below.

Labor Costs

For purposes of this analysis, EPA estimates an average hourly respondent labor cost of $119 for legal staff, $102 for managerial staff, $49 for technical staff, and $38 for clerical staff. These hourly labor costs were obtained from the economics background document developed for the proposed rule (see “Economic Assessment of the PCB Extraction Methods and Amendments to PCB Cleanup and Disposal Regulations Proposed Rule,” which is available in the public docket identified under Section 6(g)).

Annual Capital and Operation & Maintenance Costs

Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment. EPA does not anticipate that respondents will incur capital costs in carrying out the information collection requirements of the proposed rule.

O&M costs are those costs associated with paperwork requirements incurred continually over the life of the ICR. They are defined by the EPA as “the recurring dollar amount of costs associated with O&M or purchasing services.” For this ICR, O&M costs would be for mailing and photocopying.

The total O&M cost is $1,750.

Category	Cost per respondent	# of Respondents	Total Cost
Notifications	$3.96	430	$1,702.80
Waiver Request	$3.96	12	$47.52
Total			$1,750.32

6(c) Estimating the Respondent Universe and Total Burden and Costs

Respondent Universe

In Table 1, EPA provides estimates of the annual number of respondents that will be required to comply with the new reporting and recordkeeping requirements in the proposed rule. The number of respondents varies based on the type of requirement. The proposed requirements apply to different entities; for example, annual reports are submitted by commercial storers and disposers of PCB waste, while post-cleanup notifications are submitted by site owners (generators). Table 1 presents the number of respondents that could potentially be affected by the changes in the proposed rule.

TABLE 1

NUMBER OF FACILITIES POTENTIALLY AFFECTED BY

THE PROPOSED RULE

Type of Respondent	Number of Facilities*
Responsible parties using § 761.61(b)(1) performance-based cleanup	430
Responsible parties using § 761.66 waivers in emergency situations	12
Commercial storers and disposers submitting annual reports	124
Entities submitting Notification of PCB Activity forms	100
Reading the Rule	1,085
Total	1,085

*Numbers do not sum due to parties falling into multiple categories.

Respondent Burden and Cost

Based on the universe data presented in Table 1 and information contained in the economics background document developed for the proposed rule, EPA estimated the respondent burden and cost associated with all of the new information collection requirements covered in this ICR in Table 2. A discussion of the assumptions used in developing these burden and cost estimates follows.

Reading the Regulations

As shown in Table 2, EPA estimates that 740 facilities will need to read the rule in order to understand and comply with the new information collection requirements. (This assumes facilities that participate only in the manufacturing, processing, distribution in commerce, and use of PCBs and PCB items are unlikely to read the rule because there are no new information collection requirements for those entities in the proposed rule). For purposes of this analysis, we assumed that the hours required for reading/reviewing this new rule would be similar to the hours used in EPA’s assessment of the impacts associated with reading/reviewing the 2009 Final Rule governing the Exporting of Spent Lead-Acid Batteries (SLAB). EPA estimated 3.5 hours per respondent for reading the rule for the 740 respondents. This resulted in total burden of 2,575 hours, at total cost of $164,717, for all of the respondents reading the rule. In estimating the annual respondent burden and cost over the three-year period covered by this ICR, EPA annualized the burden and cost of this one-time activity by dividing the number of hours and cost for this activity by three. This resulted in total annual burden of 858 hours, at a total cost of $54,906 (see Table 2). This is a one-time burden and will not increase the burden the ICR approved under OMB Control No. 2070-0112.

Post-cleanup Notification and Recordkeeping under § 761.61(b)(1), Performance-based Cleanup

Under current PCB regulations, responsible parties remediating sites using § 761.61(b) are not required to notify EPA and must keep records as any generator would pursuant to § 761.180(a). EPA is proposing to add a post-cleanup notification and recordkeeping requirements. EPA believes the burden associated with these additional requirements are justified by the additional protectiveness and transparency they will create. The party will submit a physical copy of the notification to EPA and physical or digital copies to the relevant local authorities. The records would need to be maintained for five years, instead of the current three-year requirement for all generators. The records would include information needed to prove compliance with the proposed cleanup requirements, such as verification sampling. Some of the recordkeeping requirements overlap with the existing generator requirements, such as the amount and type of PCB waste transported offsite. EPA estimates that there are 430 sites remediated under § 761.61(b) per year that will be required to notify and keep additional records. EPA also estimated a one-time-cost of approximately $252.29 for the post-cleanup notification and $3.83 for recordkeeping. Based on these data, the total annual respondent burden for post-cleanup notifications and recordkeeping is estimated to be 1,806 hours, at a cost of $111,835 (see Table 2). If finalized, this would be a new burden when incorporated into the ICR approved under OMB Control No. 2070-0112. EPA is not currently proposing to require a pre-notification. However, the Agency is seeking comment on how such a requirement would impact the rulemaking. If a pre-notification submission were required, the burden would be less than or equal to the burden associated with submitting a post-cleanup notification.

Waiver Request and Recordkeeping under § 761.66, Emergency Situations

Under the current PCB regulations, parties responsible for PCB waste may request EPA approval to modify the requirements for PCB remediation waste (§ 761.61(c)), PCB bulk product waste (§ 761.62(c)). However, receiving approval from EPA under these provisions is time-consuming and costly. In emergency situations, responsible parties often need to quickly adapt the regulatory requirements to be more practicable for the conditions. EPA is proposing to allow responsible parties to apply for a waiver from a variety of PCB cleanup and disposal regulations for PCB waste generated by emergency situations. The parties would need to submit a waiver request to EPA and wait for a response before proceeding with the modified procedures. Then the parties would need to maintain specific records for five years. While there is some reporting burden associated with the waiver request and recordkeeping, each of these responsible parties would have had to abide by the PCB regulations, including recordkeeping and potentially other burdensome requirements. Absent a waiver program, parties would most likely have to submit an application for risk-based approval. EPA estimates that respondents will spend 8.1 hours on a waiver request, and 0.1 hours creating and keeping the required records. EPA estimates that up to 12 parties will apply for waivers per year, which is a total burden of 98 hours or $5,460. If finalized, this would be a new burden when incorporated into the ICR approved under OMB Control No. 2070-0112. Furthermore, the number of applicants for risk-based approvals under § 761.61(c) or §761.62(c) would be decreased by 12. Since EPA estimates the burden for risk-based approvals under § 761.61(c) or § 761.62(c) is 800 hours, or $60,230 per application, the net effect of the waiver program is a negative reporting burden of approximately 700 hours.

Annual Reports Submitted to EPA

Under the current PCB regulations at § 761.180(b), the owner or operator of a facility used for commercial storage or disposal of PCB waste must maintain annual records and submit an annual report to EPA each year. EPA is proposing to remove one of the requirements in the annual report found at § 761.180(b)(3)(ii) – a list of all of the numbers of all signed manifests of PCB waste initiated or received by the facility during that year. Removing this requirement will reduce the reporting burden for each facility significantly. Furthermore, EPA is proposing a requirement to use a new form, EPA Form XXXX-YY, for the submission of annual report data. The proposed form is straight-forward and will streamline the processing of annual reports. EPA estimates that the burden for annual reports, which is currently estimated at 59 hours, will be reduced to 40 hours if the proposed changes are finalized. EPA expects 124 respondents each year, for a total reporting burden reduction of 2,356 hours per year from the ICR approved under OMB Control No. 2070-0112.

Notification of PCB Activity, Form 7710-53

Under the current PCB regulations, the Notification of PCB Activity form, EPA Form 7710-53, requires the name, title, and phone number of a point of contact. EPA is proposing to add an optional field for the point of contact’s email address. The current estimate for information collection burden for the form is 1.50 hours per response. The additional field would add about a minute, for a total of 1.53 hours per response. EPA receives about 100 new notifications each year. Based on these data, the total annual respondent burden for the addition of the notification of PCB activity form is estimated to be 153 hours per year at a cost of $20,510 (see Table 2). If finalized, this increase would eventually be incorporated into the ICR approved under OMB Control No. 2070-0112. The net impact would be a 3-hour annual increase in burden.

PCB Waste Categories on Manifests

Under the current PCB regulations, PCB waste is required to be listed on the manifest in one of three categories. However, commercial storers and disposers are required to report the PCB waste they manage in five categories. EPA is proposing to use the five categories used for the annual reports on all manifests. This will make annual reporting easier and will provide EPA will a bit more information about the types of PCB waste generated and disposed of in the US. This change will present a negligible additional burden for the regulated community. This does not expand the types of waste that need to be shipped on a manifest, it only changes the categories the generator is choosing from when they fill out the manifest. EPA estimates this will affect 2,695 manifests each year, but will not add any quantifiable additional burden to anyone. PCB waste generators were included in the total number of respondents who would need to read the rule (see Table 2).

Total Respondent Burden and Costs

In Table 3, EPA presents a summary of the total estimated annual respondent burden and costs and net annual respondent burden and costs associated with this ICR. Table 3 also presents the impact that the changes in the proposed rule will ultimately have on the ICR approved under OMB Control No. 2070-0112. The specific information collection activities of the new paperwork requirements are described throughout this ICR, and the total annual burden and cost estimates associated with them are presented in Table 2. The information collection cost savings come from removing manifests from the annual report requirements and streamlining annual report preparation using a new form.

6(d) Bottom Line Burden Hours and Costs

Respondent Tally

In Table 3, EPA presents the net annual respondent burden hours and costs associated with the new information collection requirements in the proposed rule. As described specifically in Section 6(d) above, the new information collection requirements apply to as many as 740 affected facilities (respondents). As shown in Table 3, the total annual respondent burden represented in this ICR is approximately 8,276 hours, at an annual cost of approximately $979,000. If all of the changes in the proposal are finalized, when incorporated into the existing ICR with OMB Control No. 2070-0112, the total respondent burden for that ICR will increase by approximately 10 hours.

6(e) Reasons for Change in Burden

EPA is proposing a new post-cleanup notification that will allow EPA to provide oversight and compliance assistance to responsible parties utilizing performance-based cleanup and disposal for PCB remediation waste. EPA is proposing to add a form to the annual report requirement to streamline the submission and processing of data. EPA is proposing a waiver program to improve the expediency and protectiveness of PCB waste management in emergency situations. EPA is proposing an optional email address field be added to Form 7710-53 to expedite communication and reduce paper mail expenses. Finally, EPA is proposing revising the PCB waste manifest categories to provide more accurate PCB waste information and harmonize the manifest data with the annual report data. For more information on these provisions of the proposed rule, see Section 1(b).

6(f) Estimating Agency Burden and Cost

The changes to reporting requirements for the regulated community will also impact the burden experienced by EPA. The Agency will experience an increase in burden due to reviewing and maintaining post-cleanup notifications and responding to waiver requests. EPA will experience a decrease in burden associated with annual reports. The annual report form will streamline data entry and analysis, reducing burden on the Agency significantly. Overall, when viewed in conjunction with the ICR approved under OMB Control No. 2070-0112, annual Agency burden is expected to increase by approximately 492 hours per year. The burden to the Agency is outlined in Table 4.

6(g) Burden Statement

The estimated annual respondent burden for this collection of information ranges from 0.1 to 40 hours per response for the 1,085 respondents. The annual public reporting and recordkeeping burden for this collection of information is estimated to average about 11 hours per respondent. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OLEM-2019-0XXX, which is available for online viewing at www.regulations.gov, or in person viewing at the EPA Docket Center Reading Room (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the OLEM Docket is (202) 566-0270. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17^th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OLEM-2019-0XXX and OMB Control Number 2070-NEW in any correspondence.

Table 2- Estimated Annual Respondent Burden and CostsTable 2 - Estimated Annual Respondent Burden and Costs
Hours and Costs per Respondent						Total Hours and Costs				Estimated Burden Changes Under OCN 2070-0112
INFORMATION ACTIVITY	Mgr. $102/Hr	Tech. $49/Hr	Cler. $38/Hr	Resp. Hours	Labor Cost	O & M Cost	Number of Resp	Total Hrs/Yr	Total Cost/Yr	Existing Burden (Hours)	Burden Change (Hours)
RESPONDENTS (Total for all aspects of the proposed rule)
Reading the Rule	0.33	0.83	0	1.16	$74.20	0	1,085	1,259	$80,507	0	1,259
Responsible Parties using § 761.61(b)(1) Performance-based Cleanup
Post-cleanup Notification	1	3	0.1	4.1	$252.29	$3.96	430	1,763	$110,188	0	1,763
Recordkeeping	0	0	0.1	0.1	$3.83	$0.00	430	43	$1,647	0	43
Responsible Parties Requesting Waivers in Emergency Situations
Waiver Request	1	7	0.1	8.1	$447.23	$3.96	12	97	$5,414	800	-703
Recordkeeping	0	0	0.1	0.1	$3.83	$0.00	12	1	$46	0	1
Commercial Storers and Disposers of PCB Waste
Annual Reports: Use of Form and Removal of Manifest Numbers	38	0	2	40	$6,136	0	124	4,960	$760,876	7,316	-2,356
Commercial Storers, Transporters, Disposers, and most Generators of PCB Waste
Notification of PCB Activity forms: Addition of email address	1.03	0	0.5	1.53	$205	0	100	153	$20,510	150	3
Commercial Storers, Transporters, Disposers, and generators of PCB Waste
Manifest Waste Categories	0	0	0	0	0	0	0	0	$0	0	0
Total	varies	varies	varies	varies	varies	varies	varies	8,276	$979,187	8,266	10

Table 3 – Estimated Annual Respondent Burden and Cost Savings and Net Annual Respondent Burden and Costs

Activity	Affected Facilities	Number of Respondents	Total Labor Hours	Total Labor Cost	Total Capital/ Startup and O&M Cost	Total Annual Cost
Reading the Rule	All Respondents	1,085	1,259	$80,507	$0	$80,507
Post-cleanup Notification	Responsible Parties using § 761.61(b)(1) Performance-based Cleanup	430	1,763	$108,487	$1,703	$110,188
Recordkeeping	Responsible Parties using § 761.61(b)(1) Performance-based Cleanup	430	43	$1,647	$0	$1,647
Waiver Request	Responsible Parties Requesting Waivers in Emergency Situations	12	97	$5,367	$48	$5,414
Recordkeeping	Responsible Parties Requesting Waivers in Emergency Situations	12	1	$46	$0	$46
Annual Reports: Use of Form and Removal of Manifest Numbers	Commercial Storers and Disposers of PCB Waste	124	4,960	$760,876	$0	$760,876
Notification of PCB Activity forms: Addition of email address	Commercial Storers, Transporters, Disposers, and most Generators of PCB Waste	100	153	$20,510	$0	$20,510

Total Annual Respondent Burden and Cost

8,276

$977,438

$1,751

$979,187

Table 4 - Estimated Annual Agency Burden and Costs
Hours and Costs per Respondent						Total Hours and Costs				Joint Impact w ICR 2070-0112
INFORMATION ACTIVITY	Mgr. $102/Hr	Tech. $49/Hr	Cler. $38/Hr	Resp. Hours	Labor Cost	O & M Cost	Number of Resp	Total Hours/Yr	Total Cost/Yr	Existing Burden Hours	Cumulative Burden Hours
Review Post-cleanup Notification	0	1	0.1	1.1	$62.40	$0.00	430	473	$26,830	0	473
Review and Respond to Waiver Request	1	5	0.1	6.1	$381.50	$0.00	12	73.2	$4,578	0	73.2
Review Annual Reports	1.5	0	0	1.5	$126	$0.00	124	186	$15,591	240	-54
Total	varies	varies	varies	varies	varies	$0.00	varies	732	$46,998	240	492

Data Sources:

For purposes of this analysis, this ICR estimates an average hourly respondent labor cost (including fringe benefits and overhead costs) of $118.63 for legal staff, $102.26 for managerial staff, $48.73 for technical staff, and $38.27 for clerical staff. These hourly labor costs were obtained from the following sources:

• Hourly Wage: Bureau of Labor Statistics, occupational earnings data for May 2018.²

• Fringe Benefit Cost Factor: Bureau of Labor Statistics, Employer Costs for Worker Compensation, released March 19, 2019. Table 10: Employer Costs per Hour Worked for Employee Compensation and Costs as a Percent of Total Compensation: Private Workers, by Industry Group, December 2018.

• Overhead Loading Factor: Remedial Action Cost Engineering and Requirements (RACER) cost estimating software 2005 defaults

The overhead cost adjustment factor is approximately 1.336.³ Because industry-specific data is not readily available, this ICR uses the overhead cost adjustment factor from the Remedial Action Cost Engineering Requirements (RACER) System software (a cost estimating software) 2005 defaults. This ICR assumes that costs included in the overhead cost adjustment factor generally do not overlap with the overhead costs estimated directly in the ICR. The overhead cost adjustment factor does not explicitly include the direct administrative or fixed costs associated with implementing the regulatory requirements of RCRA, which are estimated directly in the ICR.⁴ Importantly, there are drawbacks to accounting for overhead costs by adjusting hourly labor rates. Overhead costs might not vary with the magnitude of changes in labor caused by the rule. Some of the overhead costs that facilities experience are unlikely to vary continuously with quantities of labor. However, due to the lack of facility-specific data and due to the inherent uncertainty in the changes in overhead costs associated with changes in labor hours devoted to regulatory compliance, this ICR concludes that the average relationship is the best that can be approximated. In order to ensure that this ICR fully captures the opportunity cost of a unit of time associated with RCRA regulatory compliance, this ICR relies on the RACER overhead cost adjustment factor.

This ICR uses the 2018 Federal Pay Schedule salary figures to estimate hourly compensation of EPA legal, managerial, technical, and clerical staff.⁵ For purposes of this ICR, the following government services levels were assigned:

• Managerial Staff: GS-13, Step 5 ($83.82/hr)

• Technical Staff: GS-11, Step 5 ($58.82/hr)

• Clerical Staff: GS-06, Step 5 ($35.75/hr)

The hourly rates above reflect base salary plus the fringe benefit and overhead factors cited above.

O&M Cost Source: “Supporting Statement for EPA Information Collection Request 1579.12. Reporting and Recordkeeping Requirements for the Final Aerosol Can Universal Waste Rule.”

1 U.S. Environmental Protection Agency, 1979. “Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions,” Federal Register, Volume 44, pp. 31514-31568, May 31, 1979.

2 Bureau of Labor Statistics, May 2018 National Occupational Employment and Wage Estimates. Accessed April 2019 at http://www.bls.gov/oes/current/oes_nat.htm.

3 Loaded labor rates are adjusted to include 2 percent general and administrative overhead, 16.6 percent fixed overhead, 5 percent insurance, and 10 percent profit (1 + 0.02 + 0.166 + 0.05 + 0.10 = 1.336) estimated using RACER cost estimating software 2005 defaults. General and administrative cost overhead can include expenses such as human resources, payroll, accounting, sales personnel, executive salaries, legal fees, office supplies, equipment, communications, administrative buildings, office space, travel, subscriptions, and other overhead items related to administrative activities that support operating labor. Fixed overhead can include a proportion of the cost of building services (e.g., medical, safety, recreation, general engineering, general plant maintenance, janitorial, and cafeteria), electricity, heating, interplant transportation, warehouses, shipping and receiving facilities, insurance, and other resources shared throughout the organization in support of operating labor.

4 Additionally, this overhead cost adjustment factor, when applied to the loaded labor rates, is in line with the “Guidelines for Regulatory Impact Analysis.” (U.S. Department of Health and Human Services, “Guidelines for Regulatory Impact Analysis,” 2016. Available at: https://aspe.hhs.gov/system/files/pdf/242926/HHS_RIAGuidance.pdf)

5 U.S. Office of Personnel Management, Salary Table 2018-GS, Incorporating the 1.4% General Schedule Increase, Effective January 2018, Hourly Basic Rates by Grade and Step, accessed at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/ June 26, 2019.