[Federal Register Volume 65, Number 6 (Monday, January 10, 2000)]
[Notices]
[Pages 1366-1369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-493]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-00284; FRL-6484-6]


PCBs Consolidated Reporting and Recordkeeping Requirements; 
Request for Comment on Renewal of Information Collection Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), EPA is seeking public comment and information on 
the following Information Collection Request (ICR): PCBs: Consolidated 
Reporting and Recordkeeping Requirements (EPA ICR No. 1446.07, OMB No. 
2070-0112). This ICR involves a collection activity that is currently 
approved and scheduled to expire on October 31, 2001, but also 
consolidates six other existing ICRs. The information collected under 
this ICR will help EPA prevent the improper handling and disposal of 
polychlorinated biphenyls (PCBs) and to minimize the exposure of human 
beings or the environment to PCBs. The ICR describes the nature of the 
information collection activity and its expected burden and costs. 
Before submitting this ICR to the Office of Management and Budget (OMB) 
for review and approval under the PRA, EPA is soliciting comments on 
specific aspects of the collection.

DATES: Written comments, identified by the docket control number OPPTS-
00284 and administrative record number AR-220, must be received on or 
before March 10, 2000.
ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit III. of the ``SUPPLEMENTARY INFORMATION.'' To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number OPPTS-00284 and administrative record number AR-220 in 
the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: For general information contact: Joe 
Carra, Deputy Director, Office of Pollution Prevention and Toxics 
(7401), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460; telephone 
number: (202) 554-1404; TDD: (202) 554-0551; e-mail address: TSCA-
H[email protected].
    For technical information contact: Peggy Reynolds, National Program

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Chemicals Division (7404), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; 
telephone number: (202) 260-3965; fax number: (202) 260-1724; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you currently 
possess PCB items, PCB-contaminated equipment, or other PCB waste. 
Potentially affected categories and entities may include, but are not 
limited to:


------------------------------------------------------------------------
             Type of business                         SIC codes
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Manufacturing                               20-39
Oil and gas producers                       1311
Electric utility industry                   4911
Line-haul railroads                         4011
Telecommunications                          4810
Refuse systems                              4953
Trucking and warehousing                    4200
Sanitary services                           4950
Steam suppliers                             4960
Hospitals                                   8062
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this table could also be 
affected. The Standard Industrial Classification (SIC) codes are 
provided to assist you and others in determining whether or not this 
action might apply to certain entities. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the technical person listed under ``FOR FURTHER INFORMATION 
CONTACT.''

II. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

A. Electronically

    You may obtain electronic copies of this document, and certain 
other related documents that might be available electronically, from 
the EPA Internet Home Page at http://www.epa.gov/. On the Home Page 
select ``Laws and Regulations'' and then look up the entry for this 
document under the ``Federal Register-Environmental Documents.'' You 
can also go directly to the Federal Register listings at http://
www.epa.gov/fedrgstr/.

B. Fax-on-Demand

    Using a faxphone call (202) 401-0527 and select items 4073, 4074, 
4075, 4076, and 4077 for a copy of the ICR.

C. In Person

    The Agency has established an official record for this action under 
docket control number OPPTS-00284 and administrative record number AR-
220. The official record consists of the documents specifically 
referenced in this action, any public comments received during an 
applicable comment period, and other information related to this 
action, including any information claimed as Confidential Business 
Information (CBI). This official record includes the documents that are 
physically located in the docket, as well as the documents that are 
referenced in those documents. The public version of the official 
record does not include any information claimed as CBI. The public 
version of the official record, which includes printed, paper versions 
of any electronic comments submitted during an applicable comment 
period, is available for inspection in the TSCA Nonconfidential 
Information Center, North East Mall Rm. B-607, Waterside Mall, 401 M 
St., SW., Washington, DC. The Center is open from noon to 4 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Center is (202) 260-7099.

III. How Can I Respond to this Action?

A. How and to Whom Do I Submit the Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPPTS-00284 and administrative 
record number AR-220 on the subject line on the first page of your 
response.
    1. By mail. Submit your comments to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: OPPT Document 
Control Office (DCO) in East Tower Rm. G-099, Waterside Mall, 401 M 
St., SW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
DCO is (202) 260-7093.
    3. Electronically. Submit your comments and/or data electronically 
by e-mail to: ``[email protected],'' or mail your computer disk to the 
address identified in Units III.A.1. and 2. Do not submit any 
information electronically that you consider to be CBI. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on standard disks in WordPerfect 6.1/8.0 or ASCII file format. 
All comments in electronic form must be identified by docket control 
number OPPTS-00284 and administrative record number AR-220. Electronic 
comments may also be filed online at many Federal Depository Libraries.

B. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the technical person identified under ``FOR FURTHER 
INFORMATION CONTACT.''

C. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number and administrative record number assigned to this action 
in the

[[Page 1368]]

subject line on the first page of your response. You may also provide 
the name, date, and Federal Register citation.

D. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act 
(PRA), EPA specifically solicits comments and information to enable it 
to:
    1. Evaluate whether the proposed collections of information are 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burdens 
of the proposed collections of information.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collections of information on those 
who are to respond, including through the use of appropriate automated 
or electronic collection technologies or other forms of information 
technology, e.g., permitting electronic submission of responses.

IV. What Information Collection Activity or ICR Does this Action 
Apply to?

    EPA is seeking comments on the following ICR:
    Title: PCBs: Consolidated Reporting and Recordkeeping Requirements.
    ICR numbers: EPA ICR No. 1446.07, OMB No. 2070-0112.
    ICR status: This specific ICR is currently scheduled to expire on 
October 31, 2001; note, however, that this ICR is a consolidation of 
six separate existing ICRs that are scheduled to expire between 
February 28, 2000 and October 31, 2001. These ICRs are identified and 
discussed in the supporting statement for the subject information 
collection. 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 
information collections appear on the collection instruments or 
instructions, in the Federal Register notices for related rulemakings 
and ICR notices, and, if the collection is contained in a regulation, 
in a table of OMB approval numbers in 40 CFR part 9.
    Abstract: Section 6(e)(1) of the Toxic Substances Control Act 
(TSCA), 15 U.S.C. 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 part 761. There are 
approximately 100 specific reporting, third-party reporting, and 
recordkeeping requirements covered by 40 CFR part 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 part 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 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. 
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 ICR consolidates six separate existing ICRs that address PCB 
reporting and recordkeeping requirements, and includes additional or 
revised requirements resulting from a final rule amending requirements 
addressing the manufacture, processing, distribution in commerce, use, 
cleanup, storage and disposal of PCBs, published June 29, 1998 (63 FR 
35383) (FRL-5726-1). Detailed discussions of the existing ICRs and how 
their associated reporting and/or recordkeeping burdens have changed as 
a result of the final rule are found in the supporting statement for 
the information collection that is the subject of this notice.
    Responses to the collection of information are mandatory (see 40 
CFR part 761). Respondents may claim all or part of a notice 
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.

V. What are EPA's Burden and Cost Estimates for this ICR?

    Under the PRA, ``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. For this 
collection it 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.
    The ICR provides a detailed explanation of this estimate, which is 
only briefly summarized in this notice. The annual public burden for 
this collection of information is estimated to average 0.57 hours per 
response. The following is a summary of the estimates taken from the 
ICR:
    Respondents/affected entities: Persons who currently possess PCB 
items, PCB-contaminated equipment, or other PCB waste.
    Estimated total number of potential respondents: 1,300,240.
    Frequency of response: On occasion.
    Estimated total/average number of responses for each respondent: 1.
    Estimated total annual burden hours: 741,261.
    Estimated total annual burden costs:: $24,789,115.

VI. Are There Changes in the Estimates from the Last Approval?

    This ICR consolidates six separate existing ICRs that address PCB 
reporting and recordkeeping requirements, and includes additional or 
revised requirements resulting from a final rule amending requirements 
addressing the manufacture, processing, distribution in commerce, use, 
cleanup, storage and disposal of PCBs, published June 29, 1998 (63 FR 
35383). Therefore any change in estimated burden is more meaningfully 
expressed as the difference between the current combined burden of the 
six existing ICRs compared with the estimated burden identified in the 
information collection that is the subject of this notice, rather than 
the difference

[[Page 1369]]

between the current and estimated burden of the subject information 
collection only.
    The combined burden of the six existing ICRs totals 2,007,618 
hours, while the burden for this consolidated ICR, as noted above, is 
estimated to be 741,261 hours, a net burden reduction of 1,266,357 
hours. This reduction reflects numerous factors, including program 
changes and adjustments to the burdens of specific existing reporting 
or recordkeeping requirements, revised estimates regarding the total 
number of respondents resulting from new data gathered in preparing the 
consolidated ICR effort, updated Agency analyses, and estimate 
adjustments that were made for consistency with more recent Agency 
reports, plus the addition of burden estimates associated with 
requirements that were overlooked in the various existing ICRs and 
burden associated with new reporting and recordkeeping requirements 
contained within the final rule. Identification and detailed 
discussions of the existing ICRs and how their associated reporting 
and/or recordkeeping burdens have changed as a result of the final rule 
are found in section 6(e), Reasons for Change in Burden, of the 
supporting statement for the subject information collection.

VII. What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. EPA will issue another 
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce 
the submission of the ICR to OMB and the opportunity to submit 
additional comments to OMB. If you have any questions about this ICR or 
the approval process, please contact the technical person listed under 
``FOR FURTHER INFORMATION CONTACT.''

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: December 29, 1999.

Susan H. Wayland,

Deputy Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 00-493 Filed 1-7-00; 8:45 am]
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