# 40 C.F.R. § 761.2 (2026): PCB concentration assumptions for use

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T40_P761_S761_2

## Section

- **Citation:** 40 C.F.R. § 761.2 (2026)
- **Heading:** PCB concentration assumptions for use
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 40 CFR: Protection of Environment / Chapter I / Part 761 / Subpart A / § 761.2: § 761.2   PCB concentration assumptions for use.

## Text

(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
ntration 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]

## Nearby sections

- [40 C.F.R. § 761.1 (2026) § 761.1   Applicability.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P761_S761_1.md)
- [40 C.F.R. § 761.2 (2026) § 761.2   PCB concentration assumptions for use.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P761_S761_2.md)
- [40 C.F.R. § 761.3 (2026) § 761.3   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P761_S761_3.md)
- [40 C.F.R. § 761.19 (2026) § 761.19   Incorporation by reference.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P761_S761_19.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T40_P761_S761_2. Check the current official text before relying on it. Not legal advice.