40 CFR 761: EPA PCB Regulations

Regulatory citation: Toxic Substances Control Act §6(e) (15 U.S.C. 2605(e)); 40 CFR Part 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions

What Are the PCB Regulations?

Polychlorinated biphenyls (PCBs) were widely used in electrical equipment until the Toxic Substances Control Act (TSCA) banned their manufacture. 40 CFR Part 761 governs PCBs still in service: when equipment may keep operating, and how it is marked, stored, disposed of and recorded, and how spills are cleaned up.

Why PCB Compliance Matters

PCBs persist in the environment and are linked to cancer and other health effects. Many older transformers, capacitors and light ballasts still contain them, and a leak or fire can bring costly cleanup and penalties.

Core Obligations

1. Know the Concentration Thresholds (761.2, 761.3)

Most requirements apply at 50 ppm PCBs or more. A PCB Transformer contains 500 ppm or more. PCB-Contaminated equipment contains 50 ppm to under 500 ppm. Without test data, mineral oil equipment made before July 2, 1979 is assumed PCB-Contaminated, and capacitors from before that date are assumed to contain 500 ppm or more.

2. Use Equipment Only as Authorized (761.30)

PCB Transformers may stay in service for their useful life under conditions. Visually inspect them for leaks at least every three months. Annual inspections are allowed with full secondary containment or test results under 60,000 ppm. Start cleaning up any leak within 48 hours of discovery. Register transformers with EPA and keep combustibles at least 5 meters away. Higher-voltage network PCB Transformers have been banned in or near commercial buildings since October 1, 1990.

3. Mark PCB Items (761.40, 761.45)

Apply the large ML mark to PCB Transformers, large high-voltage capacitors, PCB Containers, storage areas and certain vehicles. Also mark access points to PCB Transformers, such as vault doors. The standard ML mark is at least 6 inches square.

4. Store for Disposal Correctly (761.65)

PCB waste at 50 ppm or more must be disposed of within one year of being removed from service. A notice to the EPA Regional Administrator can extend this to two years. Storage units need a roof, walls, a 6-inch curb, no floor drains and a site above the 100-year flood elevation. Date items when removed from service and check for leaks at least every 30 days.

5. Dispose of PCBs at Approved Facilities (761.60, Subpart K)

Liquid PCBs at 500 ppm or more must be incinerated. PCB Transformers go to an incinerator, or to a chemical waste landfill after being drained, flushed with solvent and drained again. Use an EPA hazardous waste manifest for off-site shipment. Follow up if the signed manifest is not back within 45 days, and file an exception report at 60 days. Disposers send a Certificate of Disposal within 30 days.

6. Clean Up Spills (Subpart G)

The PCB Spill Cleanup Policy covers spills of 50 ppm or more. Low-concentration spills of less than one pound of PCBs must be cleaned up within 48 hours. For larger or high-concentration spills, start notification, cordoning and cleanup within 24 hours, or 48 hours for PCB Transformers. Notify the EPA regional office within 24 hours of spills over 10 pounds or spills reaching water or sewers. Keep cleanup records for five years.

7. Keep Annual Records (761.180)

A facility that has one or more PCB Transformers, 50 or more large PCB capacitors, or at least 45 kg (99.4 lb) of PCBs in containers must prepare an annual document log by July 1 for the previous year. Keep it with manifests and disposal certificates for at least three years after the facility stops using or storing PCBs in those quantities.

Common Compliance Approaches

Build a PCB Equipment Inventory

Survey all oil-filled equipment and record nameplate data, manufacture dates and test results.

Test or Retire Older Equipment

Sampling may show pre-1979 equipment is below 50 ppm. Where PCBs are present, planned replacement beats emergency disposal after a failure.

Example: PCB Management in Practice

A plant survey finds two pre-1979 transformers. Testing shows one at 620 ppm and one at 30 ppm. The plant marks the first and its vault door with the ML mark and starts quarterly inspections. A year later it replaces the unit. The dated unit ships under manifest to an approved facility within four months, and the annual log records it.

Related regulations: EPA RCRA hazardous waste generators, EPA CERCLA and EPCRA release reporting, OSHA electrical safety-related work practices.

Frequently Asked Questions

Are PCB fluorescent light ballasts regulated?

Yes. Many pre-1979 ballasts contain small PCB capacitors. Leaking ballasts are PCB waste, and state rules may be stricter.

Can I keep using a PCB transformer?

Yes, for its remaining useful life, provided you meet the use conditions in 761.30, including inspections, registration, marking and the commercial building restrictions.

Is the spill cleanup policy mandatory?

It is codified in Part 761. Following it creates a presumption against further TSCA penalties and cleanup orders.