[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR761.30]
[Page 650-663]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 761_POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING,
Subpart B_Manufacturing, Processing, Distribution in Commerce, and Use
of PCBs and PCB Items
Sec. 761.30 Authorizations.
The following non-totally enclosed PCB activities are authorized
pursuant to section 6(e)(2)(B) of TSCA:
(a) Use in and servicing of transformers (other than railroad
transformers). PCBs at any concentration may be used in transformers
(other than in railroad locomotives and self-propelled railroad cars)
and may be used for purposes of servicing including rebuilding these
transformers for the remainder of their useful lives, subject to the
following conditions:
(1) Use conditions. (i) As of October 1, 1985, the use and storage
for reuse of PCB Transformers that pose an exposure risk to food or feed
is prohibited.
(ii) As of October 1, 1990, the use of network PCB Transformers with
higher secondary voltages (secondary voltages equal to or greater than
480 volts, including 480/277 volt systems) in or near commercial
buildings is prohibited. Network PCB Transformers with higher secondary
voltages which are removed from service in accordance with this
requirement must either be reclassified to PCB Contaminated or non PCB
status, placed into storage for disposal, or disposed.
(iii) Except as otherwise provided, as of October 1, 1985, the
installation of PCB Transformers, which have been placed into storage
for reuse or which have been removed from another location, in or near
commercial buildings is prohibited.
(A) Retrofilled mineral oil PCB Transformers may be installed for
reclassification purposes indefinitely after October 1, 1990.
(B) Once a retrofilled transformer has been installed for
reclassification purposes, it must be tested 3 months after installation
to ascertain the concentration of PCBs. If the PCB concentration is
below 50 ppm, the transformer can be reclassified as a non-PCB
Transformer. If the PCB concentration is between 50 and 500 ppm, the
transformer can be reclassified as a PCB-Contaminated transformer. If
the PCB concentration remains at 500 ppm or greater, the entire process
must either be repeated until the transformer has been reclassified to a
non-PCB or PCB-Contaminated transformer in accordance with paragraph
(a)(2)(v) of this section or the transformer must be removed from
service.
(iv) As of October 1, 1990, all higher secondary voltage radial PCB
Transformers, in use in or near commercial buildings, and lower
secondary voltage network PCB Transformers not located in sidewalk
vaults in or near commercial buildings (network transformers with
secondary voltages below 480 volts) that have not been removed from
service as provided in paragraph (a)(1)(iv)(B) of this section, must be
equipped with electrical protection to avoid transformer ruptures caused
by high current faults. As of February 25, 1991, all lower secondary
voltage radial PCB Transformers, in use in or near commercial buildings,
must be equipped with electrical protection to avoid transformer
ruptures caused by high current faults.
(A) Current-limiting fuses or other equivalent technology must be
used to detect sustained high current faults and provide for the
complete
[[Page 651]]
deenergization of the transformer (within several hundredths of a second
in the case of higher secondary voltage radial PCB Transformers and
within tenths of a second in the case of lower secondary voltage network
PCB Transformers), before transformer rupture occurs. Lower secondary
voltage radial PCB Transformers must be equipped with electrical
protection as provided in paragraph (a)(1)(iv)(E) of this section. The
installation, setting, and maintenance of current-limiting fuses or
other equivalent technology to avoid PCB Transformer ruptures from
sustained high current faults must be completed in accordance with good
engineering practices.
(B) All lower secondary voltage network PCB Transformers not located
in sidewalk vaults (network transformers with secondary voltages below
480 volts), in use in or near commercial buildings, which have not been
protected as specified in paragraph (a)(1)(iv)(A) of this section by
October 1, 1990, must be removed from service by October 1, 1993.
(C) As of October 1, 1990, owners of lower secondary voltage network
PCB Transformers, in use in or near commercial buildings which have not
been protected as specified in paragraph (a)(1)(iv)(A) of this section
and which are not located in sidewalk vaults, must register in writing
those transformers with the EPA Regional Administrator in the
appropriate region. The information required to be provided in writing
to the Regional Administrator includes:
(1) The specific location of the PCB Transformer(s).
(2) The address(es) of the building(s) and the physical location of
the PCB Transformer(s) on the building site(s).
(3) The identification number(s) of the PCB Transformer(s).
(D) As of October 1, 1993, all lower secondary voltage network PCB
Transformers located in sidewalk vaults (network transformers with
secondary voltages below 480 volts) in use near commercial buildings
must be removed from service.
(E) As of February 25, 1991, all lower secondary voltage radial PCB
Transformers must be equipped with electrical protection, such as
current-limiting fuses or other equivalent technology, to detect
sustained high current faults and provide for the complete
deenergization of the transformer or complete deenergization of the
faulted phase of the transformer within several hundredths of a second.
The installation, setting, and maintenance of current-limiting fuses or
other equivalent technology to avoid PCB Transformer ruptures from
sustained high current faults must be completed in accordance with good
engineering practices.
(v) As of October 1, 1990, all radial PCB Transformers with higher
secondary voltages (480 volts and above, including 480/277 volt systems)
in use in or near commercial buildings must, in addition to the
requirements of paragraph (a)(1)(iv)(A) of this section, be equipped
with protection to avoid transformer ruptures caused by sustained low
current faults.
(A) Pressure and temperature sensors (or other equivalent technology
which has been demonstrated to be effective in early detection of
sustained low current faults) must be used in these transformers to
detect sustained low current faults.
(B) Disconnect equipment must be provided to insure complete
deenergization of the transformer in the event of a sensed abnormal
condition (e.g., an overpressure or overtemperature condition in the
transformer), caused by a sustained low current fault. The disconnect
equipment must be configured to operate automatically within 30 seconds
to 1 minute of the receipt of a signal indicating an abnormal condition
from a sustained low current fault, or can be configured to allow for
manual deenergization from a manned on-site control center upon the
receipt of an audio or visual signal indicating an abnormal condition
caused by a sustained low current fault. Manual deenergization from a
manned on-site control center must occur within 1 minute of the receipt
of the audio or visual signal indicating an abnormal condition caused by
a sustained low current fault. If automatic operation is selected and a
circuit breaker is utilized for disconnection, it must also
[[Page 652]]
have the capability to be manually opened if necessary.
(C) The enhanced electrical protective system required for the
detection of sustained low current faults and the complete and rapid
deenergization of transformers must be properly installed, maintained,
and set sensitive enough (in accordance with good engineering practices)
to detect sustained low current faults and allow for rapid and total
deenergization prior to PCB Transformer rupture (either violent or non
violent rupture) and release of PCBs.
(vi)(A) No later than December 28, 1998 all owners of PCB
Transformers, including those in storage for reuse, must register their
transformers with the Environmental Protection Agency, National Program
Chemicals Division, Office of Pollution Prevention and Toxics (7404),
1200 Pennsylvania Ave., NW., Washington, DC 20460. This registration
requirement is subject to the limitations in paragraph (a)(1) of this
section.
(1) A transformer owner who assumes a transformer is a PCB-
Contaminated transformer, and discovers after December 28, 1998 that it
is a PCB-Transformer, must register the newly-identified PCB
Transformer, in writing, with the Environmental Protection Agency no
later than 30 days after it is identified as such. This requirement does
not apply to transformer owners who have previously registered with the
EPA PCB Transformers located at the same address as the transformer that
they assumed to be PCB-Contaminated and later determined to be a PCB
Transformer.
(2) A person who takes possession of a PCB Transformer after
December 28, 1998 is not required to register or re-register the
transformer with the EPA.
(B) Any person submitting a registration under this section must
include:
(1) Company name and address.
(2) Contact name and telephone number.
(3) Address where these transformers are located. For mobile sources
such as ships, provide the name of the ship.
(4) Number of PCB Transformers and the total weight in kilograms of
PCBs contained in the transformers.
(5) Whether any transformers at this location contain flammable
dielectric fluid (optional).
(6) Signature of the owner, operator, or other authorized
representative certifying the accuracy of the information submitted.
(C) A transformer owner must retain a record of each PCB
Transformer's registration (e.g., a copy of the registration and the
return receipt signed by EPA) with the inspection and maintenance
records required for each PCB Transformer under paragraph (a)(1)(xii)(I)
of this section.
(D) A transformer owner must comply with all requirements of
paragraph (a)(1)(vi)(A) of this section to continue the PCB-
Transformer's authorization for use, or storage for reuse, pursuant to
this section and TSCA section 6(e)(2)(B).
(vii) As of December 1, 1985, PCB Transformers in use in or near
commercial buildings must be registered with building owners. For PCB
Transformers located in commercial buildings, PCB Transformer owners
must register the transformers with the building owner of record. For
PCB Transformers located near commercial buildings, PCB Transformer
owners must register the transformers with all owners of buildings
located within 30 meters of the PCB Transformer(s). Information required
to be provided to building owners by PCB Transformer owners includes but
is not limited to:
(A) The specific location of the PCB Transformer(s).
(B) The principal constituent of the dielectric fluid in the
transformer(s) (e.g., PCBs, mineral oil, or silicone oil).
(C) The type of transformer installation (e.g., 208/120 volt
network, 208/120 volt radial, 208 volt radial, 480 volt network, 480/277
volt network, 480 volt radial, 480/277 volt radial).
(viii) As of December 1, 1985, combustible materials, including, but
not limited to paints, solvents, plastics, paper, and sawn wood must not
be stored within a PCB Transformer enclosure (i.e., in a transformer
vault or in a partitioned area housing a transformer); within 5 meters
of a transformer enclosure, or, if unenclosed (unpartitioned), within 5
meters of a PCB Transformer.
[[Page 653]]
(ix) A visual inspection of each PCB Transformer (as defined in the
definition of ``PCB Transformer'' under Sec. 761.3) in use or stored
for reuse shall be performed at least once every 3 months. These
inspections may take place any time during the 3-month periods: January-
March, April-June, July-September, and October-December as long as there
is a minimum of 30 days between inspections. The visual inspection must
include investigation for any leak of dielectric fluid on or around the
transformer. The extent of the visual inspections will depend on the
physical constraints of each transformer installation and should not
require an electrical shutdown of the transformer being inspected.
(x) If a PCB Transformer is found to have a leak which results in
any quantity of PCBs running off or about to run off the external
surface of the transformer, then the transformer must be repaired or
replaced to eliminate the source of the leak. In all cases any leaking
material must be cleaned up and properly disposed of according to
disposal requirements of subpart D of this part. Cleanup of the released
PCBs must be initiated as soon as possible, but in no case later than 48
hours of its discovery. Until appropriate action is completed, any
active leak of PCBs must be contained to prevent exposure of humans or
the environment and inspected daily to verify containment of the leak.
Trenches, dikes, buckets, and pans are examples of proper containment
measures.
(xi) If a PCB Transformer is involved in a fire-related incident,
the owner of the transformer must immediately report the incident to the
National Response Center (toll-free 1-800-424-8802; in Washington, DC
202-426-2675). A fire-related incident is defined as any incident
involving a PCB Transformer which involves the generation of sufficient
heat and/or pressure (by any source) to result in the violent or non-
violent rupture of a PCB Transformer and the release of PCBs.
Information must be provided regarding the type of PCB Transformer
installation involved in the fire-related incident (e.g., high or low
secondary voltage network transformer, high or low secondary voltage
simple radial system, expanded radial system, primary selective system,
primary loop system, or secondary selective system or other systems) and
the readily ascertainable cause of the fire-related incident (e.g., high
current fault in the primary or secondary or low current fault in
secondary). The owner of the PCB Transformer must also take measures as
soon as practically and safely possible to contain and control any
potential releases of PCBs and incomplete combustion products into
water. These measures include, but are not limited to:
(A) The blocking of all floor drains in the vicinity of the
transformer.
(B) The containment of water runoff.
(C) The control and treatment (prior to release) of any water used
in subsequent cleanup operations.
(xii) Records of inspection and maintenance history shall be
maintained at least 3 years after disposing of the transformer and shall
be made available for inspection, upon request by EPA. Such records
shall contain the following information for each PCB Transformer:
(A) Its location.
(B) The date of each visual inspection and the date that leak was
discovered, if different from the inspection date.
(C) The person performing the inspection.
(D) The location of any leak(s).
(E) An estimate of the amount of dielectric fluid released from any
leak.
(F) The date of any cleanup, containment, repair, or replacement.
(G) A description of any cleanup, containment, or repair performed.
(H) The results of any containment and daily inspection required for
uncorrected active leaks.
(I) Record of the registration of PCB Transformer(s).
(J) Records of transfer of ownership in compliance with Sec.
761.180(a)(2)(ix).
(xiii) A reduced visual inspection frequency of at least once every
12 months applies to PCB Transformers that utilize either of the
following risk reduction measures. These inspections may take place any
time during the calendar year as long as there is a minimum of 180 days
between inspections.
[[Page 654]]
(A) A PCB Transformer which has impervious, undrained, secondary
containment capacity of at least 100 percent of the total dielectric
fluid volume of all transformers so contained or
(B) A PCB Transformer which has been tested and found to contain
less than 60,000 ppm PCBs (after 3 months of in service use if the
transformer has been serviced for purposes of reducing the PCB
concentration).
(xiv) An increased visual inspection frequency of at least once
every week applies to any PCB Transformer in use or stored for reuse
which poses an exposure risk to food or feed. The user of a PCB
Transformer posing an exposure risk to food is responsible for the
inspection, recordkeeping, and maintenance requirements under this
section until the user notifies the owner that the transformer may pose
an exposure risk to food or feed. Following such notification, it is the
owner's ultimate responsibility to determine whether the PCB Transformer
poses an exposure risk to food or feed.
(xv) In the event a mineral oil transformer, assumed to contain less
than 500 ppm of PCBs as provided in Sec. 761.2, is tested and found to
be contaminated at 500 ppm or greater PCBs, it will be subject to all
the requirements of this Part 761. In addition, efforts must be
initiated immediately to bring the transformer into compliance in
accordance with the following schedule:
(A) Report fire-related incidents, effective immediately after
discovery.
(B) Mark the PCB transformer within 7 days after discovery.
(C) Mark the vault door, machinery room door, fence, hallway or
other means of access to the PCB Transformer within 7 days after
discovery.
(D) Register the PCB Transformer in writing with the building owner
within 30 days of discovery.
(E) Install electrical protective equipment on a radial PCB
Transformer and a non-sidewalk vault, lower secondary voltage network
PCB Transformer in or near a commercial building within 18 months of
discovery or by October 1, 1990, whichever is later.
(F) Remove a non-sidewalk vault, lower secondary voltage network PCB
Transformer in or near a commercial building, if electrical protective
equipment is not installed, within 18 months of discovery or by October
1, 1993, whichever is later.
(G) Remove a lower secondary voltage network PCB Transformer located
in a sidewalk vault in or near a commercial building, within 18 months
of discovery or by October 1, 1993, whichever is later.
(H) Retrofill and reclassify a radial PCB Transformer or a lower or
higher secondary voltage network PCB Transformer, located in other than
a sidewalk vault in or near a commercial building, within 18 months or
by October 1, 1990, whichever is later. This is an option in lieu of
installing electrical protective equipment on a radial or lower
secondary voltage network PCB Transformer located in other than a
sidewalk vault or of removing a higher secondary voltage network PCB
Transformer or a lower secondary voltage network PCB Transformer,
located in a sidewalk vault, from service.
(I) Retrofill and reclassify a lower secondary voltage network PCB
Transformer, located in a sidewalk vault, in or near a commercial
building within 18 months or by October 1, 1993, whichever is later.
This is an option in lieu of installing electrical protective equipment
or removing the transformer from service.
(J) Retrofill and reclassify a higher secondary voltage network PCB
Transformer, located in a sidewalk vault, in or near a commercial
building within 18 months or by October 1, 1990, whichever is later.
This is an option in lieu of other requirements.
(2) Servicing conditions. (i) Transformers classified as PCB-
Contaminated Electrical Equipment (as defined in the definition of
``PCB-Contaminated Electrical Equipment'' under Sec. 761.3) may be
serviced (including rebuilding) only with dielectric fluid containing
less than 500 ppm PCB.
(ii) Any servicing (including rebuilding) of PCB Transformers (as
defined in the definition of ``PCB Transformer'' under Sec. 761.3) that
requires the removal of the transformer coil from the transformer casing
is prohibited. PCB Transformers may be serviced (including topping off)
with dielectric fluid at any PCB concentration.
[[Page 655]]
(iii) PCBs removed during any servicing activity must be captured
and either reused as dielectric fluid or disposed of in accordance with
the requirements of Sec. 761.60. PCBs from PCB Transformers must not be
mixed with or added to dielectric fluid from PCB-Contaminated Electrical
Equipment.
(iv) Regardless of its PCB concentration, dielectric fluids
containing less than 500 ppm PCB that are mixed with fluids that contain
500 ppm or greater PCB must not be used as dielectric fluid in any
electrical equipment. The entire mixture of dielectric fluid must be
considered to be greater than 500 ppm PCB and must be disposed of in an
incinerator that meets the requirements in Sec. 761.70.
(v) You may reclassify a PCB Transformer that has been tested and
determined to have a concentration of =500 ppm PCBs to a PCB-
Contaminated transformer (=50 but < 500 ppm) or to a non-PCB
transformer (< 50 ppm), and you may reclassify a PCB-Contaminated
transformer that has been tested and determined to have a concentration
of =50 ppm but < 500 ppm to a non-PCB transformer, as
follows:
(A) Remove the free-flowing PCB dielectric fluid from the
transformer. Flushing is not required. Either test the fluid or assume
it contains =1,000 ppm PCBs. Retrofill the transformer with
fluid containing known PCB levels according to the following table.
Determine the transformer's reclassified status according to the
following table (if following this process does not result in the
reclassified status you desire, you may repeat the process):
----------------------------------------------------------------------------------------------------------------
and you retrofill and test results
If test results show the PCB the transformer show the PCB then the
concentration (ppm) in the with dielectric and you . . . concentration transformer's
transformer prior to retrofill fluid containing . (ppm) after reclassified
is . . . . . retrofill is . . . status is. . .
----------------------------------------------------------------------------------------------------------------
=1,000 (or untested) < 50 ppm PCBs operate the =50 but PCB-contaminated
transformer < 500
electrically
under loaded
conditions for at
least 90-
continuous days
after retrofill,
then test the
fluid for PCBs
-------------------------------------------------------------------------------
< 50 ppm PCBs operate the <50 non-PCB
transformer
electrically
under loaded
conditions for at
least 90-
continuous days
after retrofill,
then test the
fluid for PCBs
----------------------------------------------------------------------------------------------------------------
=500 but <1,000 <50 ppm PCBs test the fluid for =50 but PCB-contaminated
PCBs at least 90 <500
days after
retrofill
-------------------------------------------------------------------------------
<50 ppm PCBs test the fluid for <50 non-PCB
PCBs at least 90
days after
retrofill
----------------------------------------------------------------------------------------------------------------
=50 but <500 =2 but test the fluid for <50 non-PCB
<50 ppm PCBs PCBs at least 90
days after
retrofill
-------------------------------------------------------------------------------
<2 ppm PCBs (no need to test) (not applicable) non-PCB
----------------------------------------------------------------------------------------------------------------
(B) If you discover that the PCB concentration of the fluid in a
reclassified transformer has changed, causing the reclassified status to
change, the transformer is regulated based on the actual concentration
of the fluid. For example, a transformer that was reclassified to non-
PCB status is regulated as a PCB-Contaminated transformer if you
discover that the concentration of the fluid has increased to
=50 but <500 ppm PCBs. If you discover that the PCB
concentration of the fluid has risen to =500 ppm, the
transformer is regulated as a PCB Transformer. Follow paragraphs
(a)(1)(xv)(A) through (J) of this section to come into compliance with
the regulations applicable to PCB
[[Page 656]]
Transformers. You also have the option of repeating the reclassification
process.
(C) The Director, National Program Chemicals Division, may, without
further rulemaking, grant approval on a case-by-case basis for the use
of alternative methods to reclassify transformers. You may request an
approval by writing to the Director, National Program Chemicals Division
(7404), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Describe the equipment you plan to reclassify, the
alternative reclassification method you plan to use, and test data or
other evidence on the effectiveness of the method.
(D) You must keep records of the reclassification required by Sec.
761.180(g).
(vi) Any dielectric fluid containing 50 ppm or greater PCB used for
servicing transformers must be stored in accordance with the storage for
disposal requirements of Sec. 761.65.
(vii) Processing and distribution in commerce of PCBs for purposes
of servicing transformers is permitted only for persons who are granted
an exemption under TSCA 6(e)(3)(B).
(b) Use in and servicing of railroad transformers. PCBs may be used
in transformers in railroad locomotives or railroad self-propelled cars
(``railroad transformers'') and may be processed and distributed in
commerce for purposes of servicing these transformers in a manner other
than a totally enclosed manner subject to the following conditions:
(1) Use restrictions. After July 1, 1986, use of railroad
transformers that contain dielectric fluids with a PCB concentration
1,000 ppm is prohibited.
(2) Servicing restrictions. (i) If the coil is removed from the
casing of a railroad transformer (e.g., the transformer is rebuilt),
after January 1, 1982, the railroad transformer may not be refilled with
dielectric fluid containing a PCB concentration greater than 50 ppm;
(ii) After January 1, 1984, railroad transformers may only be
serviced with dielectric fluid containing less than 1000 ppm PCB, except
as provided in paragraph (b)(2)(i) of this section;
(iii) Dielectric fluid may be filtered through activated carbon or
otherwise industrially processed for the purpose of reducing the PCB
concentration in the fluid;
(iv) Any PCB dielectric fluid that is used to service PCB railroad
transformers must be stored in accordance with the storage for disposal
requirements of Sec. 761.65;
(v) After July 1, 1979, processing and distribution in commerce of
PCBs for purposes of servicing railroad transformers is permitted only
for persons who are granted an exemption under TSCA section 6(e)(3)(B).
(vi) A PCB Transformer may be converted to a PCB-Contaminated
Transformer or to a non-PCB Transformer by draining, refilling, and/or
otherwise servicing the railroad transformer. In order to reclassify,
the railroad transformer's dielectric fluid must contain less than 500
ppm (for conversion to PCB-Contaminated Transformer) or less than 50 ppm
PCB (for conversion to a non-PCB Transformer) after a minimum of three
months of inservice use subsequent to the last servicing conducted for
the purpose of reducing the PCB concentration in the transformer.
(c) Use in mining equipment. After January 1, 1982, PCBs may be used
in mining equipment only at a concentration level of <50 ppm.
(d) Use in heat transfer systems. After July 1, 1984, PCBs may be
used in heat transfer systems only at a concentration level of < 50 ppm.
Heat transfer systems that were in operation after July 1, 1984, with a
concentration level of <50 ppm PCBs may be serviced to maintain a
concentration level of <50 ppm PCBs. Heat transfer systems may only be
serviced with fluids containing <50 ppm PCBs.
(e) Use in hydraulic systems. After July 1, 1984, PCBs may be used
in hydraulic systems only at a concentration level of <50 ppm. Hydraulic
systems that were in operation after July 1, 1984, with a concentration
level of <50 ppm PCBs may be serviced to maintain a concentration level
of <50 ppm PCBs. Hydraulic systems may only be serviced with fluids
containing <50 ppm PCBs.
(f) Use in carbonless copy paper. Carbonless copy paper containing
PCBs may be used in a manner other than a totally enclosed manner
indefinitely.
[[Page 657]]
(g) [Reserved]
(h) Use in and servicing of electromagnets, switches and voltage
regulators. PCBs at any concentration may be used in electromagnets,
switches (including sectionalizers and motor starters), and voltage
regulators and may be used for purposes of servicing this equipment
(including rebuilding) for the remainder of their useful lives, subject
to the following conditions:
(1) Use conditions. (i) After October 1, 1985, the use and storage
for reuse of any electromagnet which poses an exposure risk to food or
feed is prohibited if the electromagnet contains greater than 500 ppm
PCBs.
(ii) Use and storage for reuse of voltage regulators which contain
1.36 kilograms (3 lbs) or more of dielectric fluid with a PCB
concentration of =500 ppm are subject to the following
provisions:
(A) The owner of the voltage regulator must mark its location in
accordance with Sec. 761.40.
(B) If a voltage regulator is involved in a fire-related incident,
the owner must immediately report the incident to the National Response
Center (Toll-free: 1-800-424-8802; in Washington, DC: 202-426-2675). A
fire-related incident is defined as any incident that involves the
generation of sufficient heat and/or pressure, by any source, to result
in the violent or non-violent rupture of the voltage regulator and the
release of PCBs.
(C) The owner of the voltage regulator must inspect it in accordance
with the requirements of paragraphs (a)(1)(ix), (a)(1)(xiii), and
(a)(1)(xiv) of this section that apply to PCB Transformers.
(D) The owner of the voltage regulator must comply with the
recordkeeping and reporting requirements at Sec. 761.180.
(iii) The owner of a voltage regulator that assumes it contains <500
ppm PCBs as provided in Sec. 761.2, and discovers by testing that it is
contaminated at =500 ppm PCBs, must comply with paragraph
(h)(1)(ii)(A) of this section 7 days after the discovery, and paragraphs
(h)(1)(ii)(B), (h)(1)(ii)(C), and (h)(1)(ii)(D) of this section
immediately upon discovery.
(2) Servicing conditions. (i) Servicing (including rebuilding) any
electromagnet, switch, or voltage regulator with a PCB concentration of
500 ppm or greater which requires the removal and rework of the internal
components is prohibited.
(ii) Electromagnets, switches, and voltage regulators classified as
PCB-Contaminated Electrical Equipment (as defined in the definition of
``PCB-Contaminated Electrical Equipment'' under Sec. 761.3) may be
serviced (including rebuilding) only with dielectric fluid containing
less than 500 ppm PCB.
(iii) PCBs removed during any servicing activity must be captured
and either reused as dielectric fluid or disposed of in accordance with
the requirements of Sec. 761.60. PCBs from electromagnets switches, and
voltage regulators with a PCB concentration of at least 500 ppm must not
be mixed with or added to dielectric fluid from PCB-Contaminated
Electrical Equipment.
(iv) Regardless of its PCB concentration, dielectric fluids
containing less than 500 ppm PCB that are mixed with fluids that contain
500 ppm or greater PCB must not be used as dielectric fluid in any
electrical equipment. The entire mixture of dielectric fluid must be
considered to be greater than 500 ppm PCB and must be disposed of in an
incinerator that meets the requirements of Sec. 761.70.
(v) You may reclassify an electromagnet, switch, or voltage
regulator that has been tested and determined to have a concentration of
=500 ppm PCBs to PCB-Contaminated status (=50 but
<500 ppm) or to non-PCB status (<50 ppm), and you may reclassify a PCB-
Contaminated electromagnet, switch, or voltage regulator that has been
tested and determined to have a concentration of =50 ppm but
<500 ppm to a non-PCB status, as follows:
(A) Remove the free-flowing PCB dielectric fluid from the
electromagnet, switch, or voltage regulator. Flushing is not required.
Either test the fluid or assume it contains =1,000 ppm PCBs.
Retrofill the electromagnet, switch, or voltage regulator with fluid
containing known PCB levels according to the following table. Determine
the electromagnet, switch, or voltage regulator's reclassified status
according to the following table (if following this process
[[Page 658]]
does not result in the reclassified status you desire, you may repeat
the process):
----------------------------------------------------------------------------------------------------------------
then the
If test results show the PCB and you retrofill and test results electromagnet,
concentration (ppm) in the the equipment with show the PCB switch, or voltage
equipment prior to retrofill is dielectric fluid and you . . . concentration regulator's
. . . containing . . . (ppm) after reclassified
retrofill is . . . status is . . .
----------------------------------------------------------------------------------------------------------------
=1,000 (or untested) <50 ppm PCBs operate the =50 but PCB-contaminated
equipment <500
electrically
under loaded
conditions for at
least 90-
continuous days
after retrofill,
then test the
fluid for PCBs
-------------------------------------------------------------------------------
<50 ppm PCBs operate the <50 non-PCB
equipment
electrically
under loaded
conditions for at
least 90-
continuous days
after retrofill,
then test the
fluid for PCBs
----------------------------------------------------------------------------------------------------------------
=500 but <1,000 <50 ppm PCBs test the fluid for =50 but PCB-contaminated
PCBs at least 90 <500
days after
retrofill
-------------------------------------------------------------------------------
<50 ppm PCBs test the fluid for <50 non-PCB
PCBs at least 90
days after
retrofill
----------------------------------------------------------------------------------------------------------------
=50 but <500 =2 but test the fluid for <50 non-PCB
<50 ppm PCBs PCBs at least 90
days after
retrofill
-------------------------------------------------------------------------------
<2 ppm PCBs (no need to test) (not applicable) non-PCB
----------------------------------------------------------------------------------------------------------------
(B) If you discover that the PCB concentration of the fluid in a
reclassified electromagnet, switch, or voltage regulator has changed,
causing the reclassified status to change, the electromagnet, switch, or
voltage regulator is regulated based on the actual concentration of the
fluid. For example, an electromagnet, switch, or voltage regulator that
was reclassified to non-PCB status is regulated as a PCB-Contaminated
electromagnet, switch, or voltage regulator if you discover that the
concentration of the fluid has increased to =50 but <500 ppm
PCBs. If you discover that the PCB concentration of the fluid in a
voltage regulator has risen to =500 ppm, follow paragraph
(h)(1)(iii) of this section to come into compliance with the regulations
applicable to voltage regulators containing =500 ppm PCBs.
You also have the option of repeating the reclassification process.
(C) The Director, National Program Chemicals Division may, without
further rulemaking, grant approval on a case-by-case basis for the use
of alternative methods to reclassify electromagnets, switches or voltage
regulators. You may request an approval by writing to the Director,
National Program Chemicals Division (7404), Environmental Protection
Agency,1200 Pennsylvania Ave., NW., Washington, DC 20460. Describe the
equipment you plan to reclassify, the alternative reclassification
method you plan to use, and test data or other evidence on the
effectiveness of the method.
(D) You must keep records of the reclassification required by Sec.
761.180(g).
(vi) Any dielectric fluid containing 50 ppm or greater PCB used for
servicing electromagnets, switches, or voltage regulators must be stored
in accordance with the storage for disposal requirements of Sec.
761.65.
(vii) Processing and distribution in commerce of PCBs for purposes
of servicing electromagnets, switches or voltage regulators is permitted
only for
[[Page 659]]
persons who are granted an exemption under TSCA 6(e)(3)(B).
(i) Use and reuse of PCBs in natural gas pipeline systems; use and
reuse of PCB-Contaminated natural gas pipe and appurtenances. (1)(i)
PCBs are authorized for use in natural gas pipeline systems at
concentrations <50 ppm.
(ii) PCBs are authorized for use, at concentrations =50
ppm, in natural gas pipeline systems not owned or operated by a seller
or distributor of natural gas.
(iii)(A) PCBs are authorized for use, at concentrations
=50 ppm, in natural gas pipeline systems owned or operated by
a seller or distributor of natural gas, if the owner or operator:
(1) Submits to EPA, upon request, a written description of the
general nature and location of PCBs =50 ppm in their natural
gas pipeline system. Each written description shall be submitted to the
EPA Regional Administrator having jurisdiction over the segment or
component of the system (or the Director, National Program Chemicals
Division, Office of Prevention, Pesticides, and Toxic Substances, if the
system is contaminated in more than one region).
(2) Within 120 days after discovery of PCBs =50 ppm in
natural gas pipeline systems, or by December 28, 1998, whichever is
later, characterizes the extent of PCB contamination by collecting and
analyzing samples to identify the upstream and downstream end points of
the segment or component where PCBs =50 ppm were discovered.
(3) Within 120 days of characterization of the extent of PCB
contamination, or by December 28, 1998, whichever is later, samples and
analyzes all potential sources of introduction of PCBs into the natural
gas pipeline system for PCBs =50 ppm. Potential sources
include natural gas compressors, natural gas scrubbers, natural gas
filters, and interconnects where natural gas is received upstream from
the most downstream sampling point where PCBs =50 ppm were
detected; potential sources exclude valves, drips, or other small liquid
condensate collection points.
(4) Within 1 year of characterization of the extent of PCB
contamination, reduces all demonstrated sources of PCBs =50
ppm to <50 ppm, or removes such sources from the natural gas pipeline
system; or implements other engineering measures or methods to reduce
PCB levels to <50 ppm and to prevent further introduction of PCBs
=50 ppm into the natural gas pipeline system (e.g., pigging,
decontamination, in-line filtration).
(5) Repeats sampling and analysis at least annually where PCBs are
=50 ppm, until sampling results indicate the natural gas
pipeline segment or component is <50 ppm PCB in two successive samples
with a minimum interval between samples of 180 days.
(6) Marks aboveground sources of PCB liquids in natural gas pipeline
systems with the ML Mark in accordance with Sec. 761.45(a),
where such sources have been demonstrated through historical data or
recent sampling to contain PCBs =50 ppm.
(B) Owners or operators of natural gas pipeline systems which do not
include potential sources of PCB contamination as described in paragraph
(i)(1)(iii)(A)(3) of this section containing =50 ppm PCB are
not subject to paragraphs (i)(1)(iii)(A)(2), (i)(1)(iii)(A)(3),
(i)(1)(iii)(A)(4), or (i)(1)(iii)(A)(6) of this section. Owners or
operators of these systems, however, must comply with the other
provisions of this section (e.g., sampling of any collected PCB liquids
and recordkeeping).
(C) The owner or operator of a natural gas pipeline system must
document in writing all data collected and actions taken, or not taken,
pursuant to the authorization in paragraph (i)(1)(iii)(A) of this
section. They must maintain the information for 3 years after the PCB
concentration in the component or segment is reduced to <50 ppm, and
make it available to EPA upon request.
(D) The Director, National Program Chemicals Division, after
consulting with the appropriate EPA Region(s) may, based on a finding of
no unreasonable risk, modify in writing the requirements of paragraph
(i)(1)(iii)(A) of this section, including extending any compliance date,
approving alternative formats for documentation, waiving
[[Page 660]]
one or more requirements for a segment or component, requiring sampling
and analysis, and requiring implementation of engineering measures to
reduce PCB concentrations. EPA will make such modifications based on the
natural gas pipeline system size, configuration, and current operating
conditions; nature, extent or source of contamination; proximity of
contamination to end-users; or previous sampling, monitoring, remedial
actions or documentation of activities taken regarding compliance with
this authorization or other applicable Federal, State, or local laws and
regulations. The Director, National Program Chemicals Division, may
defer the authority described in this paragraph, upon request, to the
appropriate EPA Region.
(E) The owner or operator of a natural gas pipeline system may use
historical data to fulfill the requirements of paragraphs
(i)(1)(iii)(A)(1), (i)(1)(iii)(A)(2) and (i)(1)(iii)(A)(3) of this
section. They may use documented historical actions taken to reduce PCB
concentrations in known sources; decontaminate components or segments of
natural gas pipeline systems; or otherwise to reduce PCB levels to
fulfill the requirements of paragraph (i)(1)(iii)(A)(4) of this section.
(2) Any person may reuse PCB-Contaminated natural gas pipe and
appurtenances in a natural gas pipeline system, provided all free-
flowing liquids have been removed.
(3) Any person may use PCB-Contaminated natural gas pipe, drained of
all free-flowing liquids, in the transport of liquids (e.g., bulk
hydrocarbons, chemicals, petroleum products, or coal slurry), as casing
to provide secondary containment or protection (e.g., protection for
electrical cable), as industrial structural material (e.g., fence posts,
sign posts, or bridge supports), as temporary flume at construction
sites, as equipment skids, as culverts under transportation systems in
intermittent flow situations, for sewage service with written consent of
the Publicly Owned Treatment Works (POTW), for steam service, as
irrigation systems (<20 inch diameter) of less than 200 miles in length,
and in a totally enclosed compressed air system.
(4) Any person characterizing PCB contamination in natural gas pipe
or natural gas pipeline systems must do so by analyzing organic liquids
collected at existing condensate collection points in the pipe or
pipeline system. The level of PCB contamination found at a collection
point is assumed to extend to the next collection point downstream. Any
person characterizing multi-phasic liquids must do so in accordance with
Sec. 761.1(b)(4); if no liquids are present, they must use standard
wipe samples in accordance with subpart M of this part.
(5)(i) Any person disposing of liquids containing PCBs
=50 ppm removed, spilled, or otherwise released from a
natural gas pipeline system must do so in accordance with Sec.
761.61(a)(5)(iv) based on the PCB concentration at the time of removal
from the system. Any person disposing of materials contaminated by
spills or other releases of PCBs =50 ppm from a natural gas
pipeline systems, must do so in accordance with Sec. Sec. 761.61 or
761.79, as applicable.
(ii) Any person who markets or burns for energy recovery liquids
containing PCBs at concentrations <50 ppm PCBs at the time of removal
from a natural gas pipeline system must do so in accordance with the
provisions pertaining to used oil at Sec. 761.20(e). No other use of
liquid containing PCBs at concentrations above the quantifiable level/
level of detection removed from a natural gas pipeline system is
authorized.
(j) Research and development. For purposes of this section,
authorized research and development (R&D) activities include, but are
not limited to: the chemical analysis of PCBs, including analyses to
determine PCB concentration; determinations of the physical properties
of PCBs; studies of environmental transport processes; studies of
biochemical transport processes; studies of effects of PCBs on the
environment; and studies of the health effects of PCBs, including direct
toxicity and toxicity of metabolic products of PCBs. Authorized R&D
activities do not include research, development, or analysis for the
development of any PCB product. Any person conducting R&D
[[Page 661]]
activities under this section is also responsible for determining and
complying with all other applicable Federal, State, and local laws and
regulations. Although the use of PCBs and PCBs in analytical reference
samples derived from waste material is authorized in conjunction with
PCB-disposal related activities, R&D for PCB disposal (as defined under
Sec. 761.3) is addressed in Sec. 761.60(j). PCBs and PCBs in
analytical reference samples derived from waste materials are authorized
for use, in a manner other than a totally enclosed manner, provided
that:
(1) They obtain the PCBs and PCBs in analytical reference samples
derived from waste materials from sources authorized under Sec. 761.80
to manufacture, process, and distribute PCBs in commerce and the PCBs
are packaged in compliance with the Hazardous Materials Regulations at
49 CFR parts 171 through 180.
(2) They store all PCB wastes resulting from R&D activities (e.g.,
spent laboratory samples, residuals, contaminated media such as
clothing, etc.) in compliance with Sec. 761.65(b) and dispose of all
PCB wastes in compliance with Sec. 761.64.
(3) [Reserved]
(4) No person may manufacture, process, or distribute in commerce
PCBs for research and development unless they have been granted an
exemption to do so under TSCA section 6(e)(3)(B).
(k) Use in scientific instruments. PCBs may be used indefinitely in
scientific instruments, for example, in oscillatory flow birefringence
and viscoelasticity instruments for the study of the physical properties
of polymers, as microscopy mounting fluids, as microscopy immersion oil,
and as optical liquids in a manner other than a totally enclosed manner.
No person may manufacture, process, or distribute in commerce PCBs for
use in scientific instruments unless they have been granted an exemption
to do so under TSCA section 6(e)(3)(B).
(l) Use in capacitors. PCBs at any concentration may be used in
capacitors, subject to the following conditions:
(1) Use conditions. (i) After October 1, 1988, the use and storage
for reuse of PCB Large High Voltage Capacitors and PCB Large Low Voltage
Capacitors which pose an exposure risk to food or feed is prohibited.
(ii) After October 1, 1988, the use of PCB Large High Voltage
Capacitors and PCB Large Low Voltage Capacitors is prohibited unless the
capacitor is used within a restricted-access electrical substation or in
a contained and restricted-access indoor installation. A restricted-
access electrical substation is an outdoor, fenced or walled-in facility
that restricts public access and is used in the transmission or
distribution of electric power. A contained and restricted-access indoor
installation does not have public access and has an adequate roof,
walls, and floor to contain any release of PCBs within the indoor
location.
(2) [Reserved]
(m) Use in and servicing of circuit breakers, reclosers and cable.
PCBs at any concentration may be used in circuit breakers, reclosers,
and cable and may be used for purposes of servicing this electrical
equipment (including rebuilding) for the remainder of their useful
lives, subject to the following conditions:
(1) Servicing conditions. (i) Circuit breakers, reclosers, and cable
may be serviced (including rebuilding) only with dielectric fluid
containing less than 50 ppm PCB.
(ii) Any circuit breaker, recloser or cable found to contain at
least 50 ppm PCBs may be serviced only in accordance with the conditions
contained in 40 CFR 761.30(h)(2).
(2) [Reserved]
(n)-(o) [Reserved]
(p) Continued use of porous surfaces contaminated with PCBs
regulated for disposal by spills of liquid PCBs. (1) Any person may use
porous surfaces contaminated by spills of liquid PCBs at concentrations
10 [micro]g/100 cm\2\ for the remainder of the useful life of
the surfaces and subsurface material if the following conditions are
met:
(i) The source of PCB contamination is removed or contained to
prevent further release to porous surfaces.
(ii) If the porous surface is accessible to superficial surface
cleaning:
(A) The double wash rinse procedure in subpart S of this part is
conducted on the surface to remove surface PCBs.
[[Page 662]]
(B) The treated surface is allowed to dry for 24 hours.
(iii) After accessible surfaces have been cleaned according to
paragraph (p)(1)(ii) of this section and for all surfaces inaccessible
to cleanup:
(A) The surface is completely covered to prevent release of PCBs
with:
(1) Two solvent resistant and water repellent coatings of
contrasting colors to allow for a visual indication of wear through or
loss of outer coating integrity; or
(2) A solid barrier fastened to the surface and covering the
contaminated area or all accessible parts of the contaminated area.
Examples of inaccessible areas are underneath a floor-mounted electrical
transformer and in an impassible space between an electrical transformer
and a vault wall.
(B) The surface is marked with the ML Mark in a location
easily visible to individuals present in the area; the ML
Mark shall be placed over the encapsulated area or the barrier to the
encapsulated area.
(C) ML Marks shall be replaced when worn or illegible.
(2) Removal of a porous surface contaminated with PCBs from its
location or current use is prohibited except for removal for disposal in
accordance with Sec. Sec. 761.61 or 761.79 for surfaces contaminated by
spills, or Sec. 761.62 for manufactured porous surfaces.
(q) [Reserved]
(r) Use in and servicing of rectifiers. Any person may use PCBs at
any concentration in rectifiers for the remainder of the PCBs' useful
life, and may use PCBs <50 ppm in servicing (including rebuilding)
rectifiers.
(s) Use of PCBs in air compressor systems. (1) Any person may use
PCBs in air compressor systems at concentrations <50 ppm.
(2) Any person may use PCBs in air compressor systems (or components
thereof) at concentrations =50 ppm provided that:
(i) All free-flowing liquids containing PCBs =50 ppm are
removed from the air compressor crankcase and the crankcase is refilled
with non-PCB liquid.
(ii) Other air compressor system components contaminated with PCBs
=50 ppm, are decontaminated in accordance with Sec. 761.79
or disposed of in accordance with subpart D of this part.
(iii) Air compressor piping with a nominal inside diameter of <2
inches is decontaminated by continuous flushing for 4 hours, at no <300
gallons per hour (Sec. 761.79 contains solvent requirements).
(3) The requirements in paragraph (s)(2) of this section must be
completed by August 30, 1999 or within 1 year of the date of discovery
of PCBs at =50 ppm in the air compressor system, whichever is
later. The EPA Regional Administrator for the EPA Region in which an air
compressor system is located may, at his/her discretion and in writing,
extend this timeframe.
(t) Use of PCBs in other gas or liquid transmission systems. (1)
PCBs are authorized for use in intact and non-leaking gas or liquid
transmission systems at concentrations <50 ppm PCBs.
(2) PCBs are authorized for use at concentrations =50 ppm
in intact and non-leaking gas or liquid transmission systems not owned
or operated by a seller or distributor of the gas or liquid transmitted
in the system.
(3) Any person may use PCBs at concentrations =50 ppm in
intact and non-leaking gas or liquid transmission systems, with the
written approval of the Director, National Program Chemicals Division,
subject to the requirements applicable to natural gas pipeline systems
at paragraphs (i)(1)(iii)(A), (i)(1)(iii)(C) through (i)(1)(iii)(E), and
(i)(2) through (i)(5) of this section.
(u) Use of decontaminated materials. (1) Any person may use
equipment, structures, other non-liquid or liquid materials that were
contaminated with PCBs during manufacture, use, servicing, or because of
spills from, or proximity to, PCBs =50 ppm, including those
not otherwise authorized for use under this part, provided:
(i) The materials were decontaminated in accordance with:
(A) A TSCA PCB disposal approval issued under subpart D of this
part;
(B) Section 761.79; or
(C) Applicable EPA PCB spill cleanup policies (e.g., TSCA, RCRA,
CERCLA, EPA regional) in effect at the time of the decontamination; or
(ii) If not previously decontaminated, the materials now meet an
applicable decontamination standard in Sec. 761.79(b).
[[Page 663]]
(2) No person shall use or reuse materials decontaminated in
accordance with paragraph (u)(1)(i) of this section or meeting an
applicable decontamination standard in paragraph (u)(1)(ii) of this
section, in direct contact with food, feed, or drinking water unless
otherwise allowed under this section or this part.
(3) Any person may use water containing PCBs at concentrations
<=0.5[micro]g/L PCBs without restriction.
(4) Any person may use water containing PCBs at concentrations <200
[micro]g/L (i.e., < 200 ppb PCBs) for non-contact use in a closed system
where there are no releases (e.g., as a non-contact cooling water).
(Sec. 6, Pub. L. 94-469, 90 Stat. 2020, 2025 (15 U.S.C. 2605)
[44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6, 1982]
Editorial Note: For Federal Register citations affection Sec.
761.30 see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.