[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR761.2]

[Page 545-546]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 761--POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS--Table of Contents
 
                           Subpart A--General
 
Sec. 761.2   PCB concentration assumptions for use.

    (a)(1) Any person may assume that transformers with <3 pounds (1.36 
kilograms (kgs)) of fluid, circuit breakers, reclosers, oil-filled 
cable, and rectifiers whose PCB concentration is not established contain 
PCBs at <50 ppm.
    (2) Any person must assume that mineral oil-filled electrical 
equipment that was manufactured before July 2, 1979, and whose PCB 
concentration is not established is PCB-Contaminated Electrical 
Equipment (i.e., contains [ge]50 ppm PCB, but <500 ppm PCB). All pole-
top and pad-mounted distribution transformers manufactured before July 
2, 1979, must be assumed to be mineral-oil filled. Any person may assume 
that electrical equipment manufactured

[[Page 546]]

after July 2, 1979, is non-PCB (i.e., <50 ppm PCBs). If the date of 
manufacture of mineral oil-filled electrical equipment is unknown, any 
person must assume it to be PCB-Contaminated.
    (3) Any person must assume that a transformer manufactured prior to 
July 2, 1979, that contains 1.36 kg (3 pounds) or more of fluid other 
than mineral oil and whose PCB concentration is not established, is a 
PCB Transformer (i.e., 500 ppm). If the date of manufacture 
and the type of dielectric fluid are unknown, any person must assume the 
transformer to be a PCB Transformer.
    (4) Any person must assume that a capacitor manufactured prior to 
July 2, 1979, whose PCB concentration is not established contains 
[ge]500 ppm PCBs. Any person may assume that a capacitor manufactured 
after July 2, 1979, is non-PCB (i.e., <50 ppm PCBs). If the date of 
manufacture is unknown, any person must assume the capacitor contains 
[ge]500 ppm PCBs. Any person may assume that a capacitor marked at the 
time of manufacture with the statement ``No PCBs'' in accordance with 
Sec. 761.40(g) is non-PCB.
    (b) PCB concentration may be established by:
    (1) Testing the equipment; or
    (2)(i) A permanent label, mark, or other documentation from the 
manufacturer of the equipment indicating its PCB concentration at the 
time of manufacture; and
    (ii) Service records or other documentation indicating the PCB 
concentration of all fluids used in servicing the equipment since it was 
first manufactured.

[63 FR 35436, June 29, 1998, as amended at 64 FR 33759, June 24, 1999]