[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR761.40]
[Page 631-633]
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 C_Marking of PCBs and PCB Items
Sec. 761.40 Marking requirements.
(a) Each of the following items in existence on or after July 1,
1978 shall be marked as illustrated in Figure 1 in Sec. 761.45(a): The
mark illustrated in Figure 1 is referred to as ML throughout
this subpart.
(1) PCB Containers;
(2) PCB Transformers at the time of manufacture, at the time of
distribution in commerce if not already marked, and at the time of
removal from use if not already marked. [Marking of PCB-Contaminated
Electrical Equipment is not required];
(3) PCB Large High Voltage Capacitors at the time of manufacture, at
the time of distribution in commerce if not already marked, and at the
time of removal from use if not already marked;
(4) Equipment containing a PCB Transformer or a PCB Large High
Voltage Capacitor at the time of manufacture, at the time of
distribution in commerce if not already marked, and at the time of
removal of the equipment from use if not already marked;
(5) PCB Large Low Voltage Capacitors at the time of removal from use
(see also paragraph (k) of this section).
(6) Electric motors using PCB coolants (See also paragraph (e) of
this section).
(7) Hydraulic systems using PCB hydraulic fluid (See also paragraph
(e) of this section);
(8) Heat transfer systems (other than PCB Transformers) using PCBs
(See also paragraph (e) of this section);
(9) PCB Article Containers containing articles or equipment that
must be marked under paragraphs (a) (1) through (8) of this section;
[[Page 632]]
(10) Each storage area used to store PCBs and PCB Items for
disposal.
(b) As of October 1, 1978, each transport vehicle loaded with PCB
Containers that contain more than 45 kg (99.4 lbs.) of liquid PCBs at
concentrations of =50 ppm or with one or more PCB
Transformers shall be marked on each end and each side with the
ML mark as described in Sec. 761.45(a).
(c) As of January 1, 1979, the following PCB Articles shall be
marked with mark ML as described in Sec. 761.45(a):
(1) All PCB Transformers not marked under paragraph (a) of this
section [marking of PCB-Contaminated Electrical Equipment is not
required];
(2) All PCB Large High Voltage Capacitors not marked under paragraph
(a) of this section
(i) Will be marked individually with mark ML, or
(ii) If one or more PCB Large High Voltage Capacitors are installed
in a protected location such as on a power pole, or structure, or behind
a fence; the pole, structure, or fence shall be marked with mark
ML, and a record or procedure identifying the PCB Capacitors
shall be maintained by the owner or operator at the protected location.
(d) As of January 1, 1979, all PCB Equipment containing a PCB Small
Capacitor shall be marked at the time of manufacture with the statement,
``This equipment contains PCB Capacitor(s)''. The mark shall be of the
same size as the mark ML.
(e) As of October 1, 1979, applicable PCB Items in paragraphs
(a)(1), (a)(6), (a)(7), and (a)(8) of this section containing PCBs in
concentrations of 50 to 500 ppm shall be marked with the ML
mark as described in Sec. 761.45(a).
(f) Where mark ML is specified but the PCB Article or PCB
Equipment is too small to accomodate the smallest permissible size of
mark ML, mark MS as described in Sec. 761.45(b),
may be used instead of mark ML.
(g) Each large low voltage capacitor, each small capacitor normally
used in alternating current circuits, and each fluorescent light ballast
manufactured (``manufactured'', for purposes of this sentence, means
built) between July 1, 1978 and July 1, 1998 that do not contain PCBs
shall be marked by the manufacturer at the time of manufacture with the
statement, ``No PCBs''. The mark shall be of similar durability and
readability as other marking that indicate electrical information, part
numbers, or the manufacturer's name. For purposes of this paragraph
marking requirement only is applicable to items built domestically or
abroad after June 30, 1978.
(h) All marks required by this subpart must be placed in a position
on the exterior of the PCB Items, storage units, or transport vehicles
so that the marks can be easily read by any persons inspecting or
servicing the marked PCB Items, storage units, or transport vehicles.
(i) Any chemical substance or mixture that is manufactured after the
effective date of this rule and that contains less than 500 ppm PCB
(0.05% on a dry weight basis), including PCB that is a byproduct or
impurity, must be marked in accordance with any requirements contained
in the exemption granted by EPA to permit such manufacture and is not
subject to any other requirement in this subpart unless so specified in
the exemption. This paragraph applies only to containers of chemical
substances or mixtures. PCB articles and equipment into which the
chemical substances or mixtures are processed, are subject to the
marking requirements contained elsewhere in this subpart.
(j) PCB Transformer locations shall be marked as follows:
(1) Except as provided in paragraph (j)(2) of this section, as of
December 1, 1985, the vault door, machinery room door, fence, hallway,
or means of access, other than grates and manhole covers, to a PCB
Transformer must be marked with the mark ML as required by
paragraph (a) of this section.
(2) A mark other than the ML mark may be used provided
all of the following conditions are met:
(i) The program using such an alternative mark was initiated prior
to August 15, 1985, and can be substantiated with documentation.
(ii) Prior to August 15, 1985, coordination between the transformer
owner and the primary fire department occurred, and the primary fire
department knows, accepts, and recognizes
[[Page 633]]
what the alternative mark means, and that this can be substantiated with
documentation.
(iii) The EPA Regional Administrator in the appropriate region is
informed in writing of the use of the alternative mark by October 3,
1988 and is provided with documentation that the program began before
August 15, 1985, and documentation that demonstrates that prior to that
date the primary fire department knew, accepted and recognized the
meaning of the mark, and included this information in firefighting
training.
(iv) The Regional Administrator will either approve or disapprove in
writing the use of an alternative mark within 30 days of receipt of the
documentation of a program.
(3) Any mark placed in accordance with the requirements of this
section must be placed in the locations described in paragraph (j)(1) of
this section and in a manner that can be easily read by emergency
response personnel fighting a fire involving this equipment.
(k) As of April 26, 1999 the following PCB Items shall be marked
with the ML mark as described in Sec. 761.45(a):
(1) All PCB Large Low Voltage Capacitors not marked under paragraph
(a) of this section shall be marked individually, or if one or more PCB
Large Low Voltage Capacitors are installed in a protected location such
as on a power pole, or structure, or behind a fence, then the owner or
operator shall mark the pole, structure, or fence with the ML
mark, and maintain a record or procedure identifying the PCB Capacitors
at the protected location. PCB Large Low Voltage Capacitors in
inaccessible locations inside equipment need not be marked individually,
provided the owner or operator marks the equipment in accordance with
paragraph (k)(2) of this section, and marks the individual capacitors at
the time of removal from use in accordance with paragraph (a) of this
section.
(2) All equipment not marked under paragraph (a) of this section
containing a PCB Transformer or a PCB Large High or Low Voltage
Capacitor.
(l)(1) All voltage regulators which contain 1.36 kilograms (3 lbs.)
or more of dielectric fluid with a PCB concentration of = 500
ppm must be marked individually with the ML mark as described
in Sec. 761.45(a).
(2) Locations of voltage regulators which contain 1.36 kilograms (3
lbs.) or more of dielectric fluid with a PCB concentration of
= 500 ppm shall be marked as follows: The vault door,
machinery room door, fence, hallway, or means of access, other than
grates or manhole covers, must be marked with the ML mark as
described in Sec. 761.45(a).
[44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6, 1982,
and amended at 47 FR 37359, Aug. 25, 1982; 50 FR 29201, July 17, 1985;
50 FR 32176, Aug. 9, 1985; 53 FR 12524, Apr. 15, 1988; 53 FR 27329, July
19, 1988; 63 FR 35443, June 29, 1998; 64 FR 33760, June 24, 1999]