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.