Section 761.2 - PCB concentration assumptions for use(a)(1) Any person may assume that transformers with [LESS THAN]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 [LESS THAN]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 [GREATER THAN EQUAL TO]50 ppm PCB, but [LESS THAN]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., [LESS THAN]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., [GREATER THAN EQUAL TO]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 [GREATER THAN EQUAL TO]500 ppm PCBs. Any person may assume that a capacitor manufactured after July 2, 1979, is non-PCB (i.e., [LESS THAN]50 ppm PCBs). If the date of manufacture is unknown, any person must assume the capacitor contains [GREATER THAN EQUAL TO]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