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  <FDSYS>
    <CFRTITLE>40</CFRTITLE>
    <CFRTITLETEXT>Protection of Environment</CFRTITLETEXT>
    <VOL>30</VOL>
    <DATE>2008-07-01</DATE>
    <ORIGINALDATE>2008-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>PCB concentration assumptions for use.</TITLE>
    <GRANULENUM>761.2</GRANULENUM>
    <HEADING>Section 761.2</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 40" SEQ="4">Protection of Environment</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="3">ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)</PARENT>
      <PARENT HEADING="SUBCHAPTER R" SEQ="2">TOXIC SUBSTANCES CONTROL ACT</PARENT>
      <PARENT HEADING="PART 761" SEQ="1">POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS</PARENT>
      <PARENT HEADING="Subpart A" SEQ="0">General</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 761.2</SECTNO>
    <SUBJECT>PCB concentration assumptions for use.</SUBJECT>
    <P>(a)(1) Any person may assume that transformers with &lt; 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 &lt; 50 ppm.</P>
    <P>(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 &lt; 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., &lt; 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.</P>
    <P>(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.</P>

    <P>(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., &lt; 50 ppm PCBs). If the date of manufacture is unknown, any <PRTPAGE P="667"/>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.</P>
    <P>(b) PCB concentration may be established by:</P>
    <P>(1) Testing the equipment; or</P>
    <P>(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</P>
    <P>(ii) Service records or other documentation indicating the PCB concentration of all fluids used in servicing the equipment since it was first manufactured.</P>
    <CITA>[63 FR 35436, June 29, 1998, as amended at 64 FR 33759, June 24, 1999]</CITA>
  </SECTION>
</CFRGRANULE>

