Free Statement of Material Facts - District Court of Connecticut - Connecticut

Case 3:02-cv-01718-RNC Document 99-14 Filed 12/13/2004 Page1 0f2
Plaintiffs’ Local Rule 56(a)l Statement
Exhibit 12
40 CFR § 76l.2(a)(3)

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Case 3:02-cv-01718-RNC Document 99-14 Filed 12/13/2004 Page 2 of 2 g
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40 CFR§ 761.2 Page 1
40 C.F.R. § 761.2
C manufactured prior to July 2, 1979, whose PCB
CODE OF FEDERAL REGULATIONS concentration is not established contains >;500
TITLE 40--PROTECTION OF ppm PCBs. Any person may assume that a
ENVIRONMENT capacitor manufactured after July 2, 1979, is
CHAPTER I--ENVIRONMENTAL non·PCB (i.e., <50 ppm PCBs). If the date of
PROTECTION AGENCY manufacture is unknown, any person must assume
SUBCHAPTER R--TOXIC SUBSTANCES the capacitor contains >:500 ppm PCBs. Any
CONTROL ACT person may assume that a capacitor marked at the
PART 761--POLYCHLORINATED time of manufacture with the statement "No PCBs"
BIPHENYLS (PCBS) MANUFACTURING, in accordance with § 76l.40(g) is non-PCB.
PROCESSING,
DISTRIBUTION IN COMMERCE, AND USE (b) PCB concentration may be established by;
PROHIBITIONS
SUBPART A--GENERAL (1) Testing the equipment; or
Current through December 3, 2004; 69 FR 70342
§761.2 PCB concentration assumptions for use. (2)(i) A pennanent label, mark, or other
documentation from the manufacturer of the
(a)(1) Any person may assume that transformers equipment indicating its PCB concentration at the
with <3 pounds (1.36 kilograms (kgs)) of fluid, time of manufacture; and
circuit breakers, reclosers, oil-filled cable, and
rectiflers whose PCB concentration is not (ii) Service records or other documentation
established contain PCBs at <50 ppm. indicating the PCB concentration of all fluids used
in servicing the equipment since it was first
(2) Any person must assume that mineral oil—fllled manufactured.
electrical equipment that was manufactured before
July 2, 1979, and whose PCB concentration is not [63 FR 35436, June 29, 1998; 64 FR 33759, June
established is PCB-Contaminated Electrical 24,1999]
Equipment (i.e., contains >=50 ppm PCB, but <500
ppm PCB). All pole-top and pad-mounted distribution transformers manufactured before July Annotations, or Tables>
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 40 C. F. R.§761.2
mineral oil-filled electrical equipment is unknown,
any person must assume it to be PCB-Contaminated. 40 CFR § 761.2
(3) Any person must assume that a transformer END OF DOCUMENT
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
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