The Environmental Protection Agency published a notice in the Federal Register on December 4, 2025, announcing the proposed renewal of an Information Collection Request under the Paperwork Reduction Act. This ICR, titled 'PCBs, Consolidated Reporting and Recordkeeping Requirements,' carries EPA ICR Number 1446.15 and OMB Control Number 2070-0112. It is set to expire on July 31, 2026, and the agency is seeking public comments by February 2, 2026, to inform its submission to the Office of Management and Budget for approval. The notice highlights the EPA's efforts to maintain oversight of polychlorinated biphenyls, or PCBs, through mandatory reporting and recordkeeping. This development underscores the ongoing regulatory framework established by the Toxic Substances Control Act to manage environmental and health risks from PCBs, substances banned in most uses since the 1970s due to their persistence and toxicity.
Background on PCB Regulation
Polychlorinated biphenyls are synthetic chemicals once widely used in electrical equipment and other industrial applications. Under Section 6(e) of the Toxic Substances Control Act, enacted in 1976, the EPA is directed to regulate the marking, disposal, manufacturing, processing, distribution, and use of PCBs. This section prohibits most activities involving PCBs unless conducted in a totally enclosed manner and provides a mechanism for exemptions. Since 1978, the EPA has issued rules codified in 40 CFR Part 761 to implement these mandates, covering the full life cycle of PCBs to prevent improper handling and minimize exposure risks.
The ICR consolidates approximately 100 specific reporting, third-party reporting, and recordkeeping requirements from these regulations. As detailed in the notice, the EPA uses this information to evaluate disposal technologies, process exemption requests, target inspections, and ensure sufficient storage for PCB waste. Without such data, the agency could not verify compliance or assess whether activities pose an unreasonable risk to health or the environment, as required by TSCA.
Key Details of the Information Collection
The ICR applies to entities handling PCB items, contaminated equipment, or waste, including those in sectors identified by North American Industrial Classification System codes. Respondents must respond on occasion, with obligations rooted in 40 CFR Part 761 and TSCA Section 6(e). The notice estimates 97,471 potential respondents, each averaging three responses annually, for a total burden of 636,120 hours per year. Associated costs are projected at $37,983,632 annually, including $4,150 in capitalized expenses.
Specific forms mentioned include 7720-12 and 7710-53, used for activities like exemption petitions and notifications. The abstract in the notice explains that collected data helps update the EPA's knowledge of PCB activities, holds parties accountable, and demonstrates regulatory compliance. For instance, information supports determinations on whether a disposal method is effective or if an exemption from bans on manufacturing and distribution is warranted.
Burden Estimates and Methodology
The EPA's burden calculations, defined under 5 CFR 1320.3(b), reflect time and costs for reporting, third-party notifications, and recordkeeping. The notice solicits feedback on the necessity of the collection, accuracy of estimates, ways to enhance data quality, and methods to minimize burden, especially for small businesses with fewer than 25 employees. It invites examples of automated or electronic techniques to reduce paperwork.
Compared to the prior approval, the total burden hours decrease by 23,762, but individual respondent burden rises by 3,191 hours due to adjustments in reporting categories. Reporting hours increase by 3,171, driven by one additional respondent and averaged applications from fiscal years 2022 to 2024, including a 2,000-hour activity. Recordkeeping adds 20 hours from a new requirement based on recent notices. Third-party reporting remains unchanged. Capital costs rise by $4,100 to correct a previous per-firm figure to total costs.
Public Comment and Review Process
Comments must be submitted via regulations.gov under Docket ID EPA-HQ-OPPT-2017-0647 by February 2, 2026. The notice emphasizes avoiding confidential business information in submissions. Contact points include Carolyn Siu at the EPA for specifics and the TSCA Assistance Information Service for general inquiries.
This process aligns with Paperwork Reduction Act Section 3506(c)(2)(A), requiring agencies to evaluate collection utility, estimate accuracy, improve clarity, and reduce burdens. After considering input, the EPA will refine the ICR and submit it to OMB, followed by another Federal Register announcement for further comments.
Implications and Perspectives
Stakeholders view the ICR as essential for environmental protection, ensuring PCBs do not contaminate soil, water, or air. Industry groups may argue the requirements impose administrative burdens, particularly on small entities, while environmental advocates emphasize their role in preventing health risks like cancer and developmental issues linked to PCB exposure. Legal precedents, such as court rulings upholding TSCA's risk-based approach in cases like Environmental Defense Fund v. EPA, reinforce the need for robust data collection.
Politically, TSCA amendments in 2016 strengthened EPA oversight, influencing how such ICRs are managed. Short-term implications include potential adjustments based on comments, affecting compliance costs. Long-term, the renewal supports ongoing PCB cleanup efforts, like those at Superfund sites, and informs future regulations amid evolving science on persistent pollutants.
In summary, this proposed ICR renewal maintains critical oversight of PCBs under TSCA. Potential next steps involve EPA incorporating public feedback before OMB review, which could lead to refined burden estimates or streamlined processes. Ongoing debates may center on balancing regulatory stringency with administrative efficiency, especially as new technologies emerge for data submission. Challenges include ensuring small business input and adapting to any TSCA updates, fostering continued dialogue among regulators, industry, and advocates.
