40 C.F.R. § 761.2

PCB concentration assumptions for use

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(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 ≥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 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 ≥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 ≥500 ppm PCBs. Any person may assume that a capacitor marked at the time of manufacture with the statement “No PCBs” in accordance with § 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]

Notes of Decisions

Cited in 5 cases, 1980–2000 · leading case: Dow Chem. Co. v. Costle, 484 F. Supp. 101 (D. Del. 1980).

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Dow Chem. Co. v. Costle, 484 F. Supp. 101 (D. Del. 1980). · cites it 11× “” 40 C.F.R. § 761.2 (s), 44 Fed.Reg. 31544 (May 31, 1949).”

Yaffe Iron & Metal Co., Inc. v. United States Env't Prot. Agency, 774 F.2d 1008 (10th Cir. 1985). · cites it 2× “40 C.F.R. § 761.2 (w) (1978)) was burned.”

Sed, Inc. v. City of Dayton, 519 F. Supp. 979 (S.D. Ohio 1981). “” 40 C.F.R. § 761.2 (h) (emphasis added). 6 .”

Cent. & South West Servs., Inc. v. United States Env't Prot. Agency, 220 F.3d 683 (5th Cir. 2000). “40 C.F.R. §§ 761.2 (a)(1)-(4). However, the rule assumes that “small transformers” and other transformers that meet the § 761.”

Cent. & South v. EPA (5th Cir. 2000). “40 C.F.R. §§ 761.2 (a)(1)-(4). However, the rule assumes that “small transformers” and other transformers that meet the § 761.”

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