[Federal Register Volume 69, Number 84 (Friday, April 30, 2004)]
[Notices]
[Pages 23747-23750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9873]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2004-0087; FRL-7353-7]


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. 1446.08, OMB 
Control No. 2070-0112). This ICR involves a collection activity that is 
currently approved and scheduled to expire on August 31, 2004. The 
information collected under this ICR helps EPA prevent the improper 
handling and disposal of polychlorinated biphenyls (PCBs) and to 
minimize the exposure of humans 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 ID number OPPT-2004-
0087, must be received on or before June 29, 2004.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: Peter Gimlin, National Program 
Chemicals Division (7404T), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-0515; fax 
number: (202) 566-0469; e-mail address: [email protected].

[[Page 23748]]


SUPPLEMENTARY INFORMATION:

I. General Information

A. 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 entities may include, but are not limited to:
     Manufacturing (NAICS 31-33), e.g., chemical 
manufacturing, agricultural chemical manufacturing, basic inorganic 
chemical manufacturing, plastics and rubber products manufacturing, 
etc.
     Electrical equipment, appliance, and component 
manufacturing (NAICS 335), e.g., power, distribution, and specialty 
transformer manufacturing, switchgear and switchboard apparatus 
manufacturing, relay and industrial control manufacturing, other 
electrical equipment and component manufacturing, etc.
     Oil and gas extraction (NAICS 2111), e.g., crude 
petroleum production, natural gas production, oil and gas production, 
etc.
     Electric power generation, transmission and 
distribution (NAICS 2211), e.g., municipal and county electric systems, 
other publicly owned systems such as irrigation districts, etc.
     Rail transportation (NAICS 48211) , e.g., line-
haul railroads, freight railways, passenger railways, short-line 
railroads, other railroad transportation, etc.
     Broadcasting and telecommunications (NAICS 513), 
e.g., radio and television broadcasting, cable networks, wired 
telecommunications carriers, wireless telecommunications carriers, 
satellite telecommunications, etc.
     Waste management and remediation services (NAICS 
562), e.g., solid waste collection, hazardous waste collection, waste 
treatment and disposal, remediation services, materials recovery 
facilities, etc.
     Trucking transportation (NAICS 484), e.g., 
general freight trucking, specialized freight trucking, etc.
     Warehousing and storage (NAICS 493), e.g., 
general warehousing and storage, refrigerated warehousing and storage, 
etc.
     Steam and air-conditioning supply (NAICS 22133), 
e.g., steam production and distribution, steam heat distribution, air-
conditioning supply, cooled air distribution, etc.
     Hospitals (NAICS 622), e.g., general medical and 
surgical hospitals, psychiatric and substance abuse hospitals, 
specialty hospitals, etc.
     Colleges, universities, and professional schools 
(NAICS 6113), e.g., public and private colleges, junior colleges, 
community colleges, universities, professional schools, theological 
seminaries, etc.
     Administrators of environmental quality programs 
(NAICS 924), e.g., administration of air and water resource and solid 
waste management programs, environmental protection program 
administration, pollution control program administration, waste 
management program administration, etc.
    This listing 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 unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether 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.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPPT-2004-0087. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the EPA Docket Center, Rm. 
B102-Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, 
DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The EPA Docket Center Reading 
Room telephone number is (202) 566-1744 and the telephone number for 
the OPPT Docket, which is located in EPA Docket Center, is (202) 566-
0280.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B.1. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical

[[Page 23749]]

objects will be photographed, and the photograph will be placed in 
EPA's electronic public docket along with a brief description written 
by the docket staff.

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

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPPT-2004-0087. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPPT-2004-0087. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Document Control Office (7407M), 
Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
    3. By hand delivery or courier. Deliver your comments to: OPPT 
Document Control Office (DCO) in EPA East Bldg., Rm. 6428, 1201 
Constitution Ave., NW., Washington, DC. Attention: Docket ID Number 
OPPT-2004-0087. 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) 564-8930.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is 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 docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the technical person listed under FOR FURTHER INFORMATION CONTACT.

E. 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 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

F. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the 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.

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

    EPA is seeking comments on the following ICR:

[[Page 23750]]

    Title: PCBs, Consolidated Reporting and Recordkeeping Requirements.
    ICR numbers: EPA ICR No. 1446.08, OMB Control No. 2070-0112.
    ICR status: This ICR is currently scheduled to expire on August 31, 
2004. 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 in title 40 of the CFR, after appearing in the Federal 
Register, are listed in 40 CFR part 9, and included on the related 
collection instrument or form, if applicable.
    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.
    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.

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

    Under 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 1.01 hours per 
response. The following is a summary of the estimates taken from the 
ICR:
    Respondents/affected entities: 814,120.
    Estimated total number of potential respondents: Unknown.
    Frequency of response: On occasion.
    Estimated total/average number of responses for each respondent: 1.
    Estimated total annual burden hours: 824,778 hours.
    Estimated total annual burden costs: $23,005,750.

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

    This request reflects an increase of 83,517 hours (from 741,261 
hours to 824,778 hours) in the total estimated respondent burden from 
that currently in the OMB inventory. This increase is due to revisions 
to the total number of respondents. In some cases, the total number of 
respondents was based on number of facilities, in other cases, the 
total number of respondents was calculated by estimating the total 
number of pieces of equipment that respondents must monitor for a 
particular requirement. These burden changes were the result of new 
data gathered for this ICR renewal as well as a recent PCB regulatory 
analysis, estimate adjustments made for consistency with a recent 
Agency report, and updated Agency data regarding total numbers of 
regulated entities. The change in burden represents an adjustment.

V. 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: April 19, 2004.
Margaret N. Schneider,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. 04-9873 Filed 4-29-04; 8:45 am]
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