PCBs - Storage and Disposal

• The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000
• The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
• The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) (Amendment) Regulations 2000

These regulations implement EC Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls in the UK. Equipment containing PCBs is now required to be identified, registered, labeled and disposed of and decontaminated.

The following substances are covered in the definition of PCBs, but only those containing substances in a total of more than 0.005% by weight (equivalent to 50 ppm):

• Polychlorinated Biphenyls (PCBs);
• Polychlorinated Terphenyls (PCT);
• Monomethyl-dibromo-diphenyl methane;
• Monomethyl-dichloro-diphenyl methane;
• Monomethyl-tetrachlorodiphenyl methane.

• Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)

This Directive requires the preparation of inventories, labeling and appropriate disposal/treatment of all significant PCB holdings. The Directive was invoked as a result of an agreement at the Third International North Sea Conference in 1990 to phase out and destroy identifiable PCBs by the end of 1999. In addition the Paris Commission (now OSPAR) agreed a decision on PCBs in 1992 (PARCOM Decision 92/3).

This confirmed the end of 1999 as the date for the phase-out by North Sea countries and set a target date of 2010 for those non-North Sea countries which were party to the Paris Convention.

• Persistent Oganic Pollutants Regulations (POPs) 259/2004/EC
• EC Regulation EC/1195/2006
• EC Regulation EC/323/2007

The POPs Regulations entered into force in May 2004 and the UK is required to record releases of substances including dioxins, PCBs, furans and PAHs and draw up plans to reduce emissions.

The Regulation contains an exemption for equipment containing PCBs, the use of which is permitted until 2010. By way of derogation, equipment with PCBs between 50ppm and 500ppm can be disposed of at the end of its useful life. Annex IV of EC/1195/2006 amending the POPs Regulations sets limits for POPs in waste of 50 mg/kg. Annex V of EC 323/2007 sets derogation limits for POPs in waste.

Because of the regional differences between the PCB Regulations, SEPA (Scottish Environmental Protection Agency) and the Environment Agency (England and Wales) provide individual guidance for compliance with the regulations.

Environment Agency Guidance: (pdf)

• PCB Holders:
• Guidance and Application Forms 2004
• Table of Charges for PCB registration

PCB Registration form Further guidance including technical guidance can be found in Waste Management Paper No. 6: Polychlorinated biphenyls. Department of the Environment, HMSO www.tsoshop.co.uk

General information about the global banning of persistent organic pollutants is available at the The Stockholm Convention website. where much of the formative work to ban PCBs has been carried out.

Guidance on 'persistent organic pollutants' (including PCBs) is available from the Environment Agency. See EU POPs Regulation Guide.

All holders of PCB's or PCB contaminated equipment will be affected by the Regulations, Contaminated equipment is defined as any equipment (including any transformer, capacitor or receptacle contained residual stocks) which:

• contains PCBs, or
• having contained PCBs, has not been decontaminated.

Other than one which contains a total volume of PCBs not exceeding 5 litres (equivalent to 5 m3) and the percentage concentration of PCB is more than 50 ppm.

The Regulations state that anything of a type which may contain PCBs shall be treated as containing PCBs unless it is reasonable to assume the contrary

Types of equipment which may contain PCB's include:

• Transformers and pole mounted transformers;
• Power factor capacitors;
• Heat transfer equipment;
• Resistors;
• Process heating equipment;
• Vacuum pumps;
• Hydraulic equipment.

PCB contaminated equipment must:

• Register all contaminated equipment with SEPA or the Environment Agency;
• Provide information to SEPA or the Environment Agency for inclusion in an inventory;
• Dispose of and/or decontaminate (for transformers only) all PCB contaminated equipment.

The PCB Regulations came into force in 2000 and all holders of PCB contaminated equipment had until 31st July 2000 to complete the registration process.

Exemptions from the requirement to have disposed of PCBs by the deadline of 31 December 2000 exist in the following circumstances:

• Where PCBs or equipment are held solely for the purposes of, or in the course of, any business, manufacturing process or trade concerned with the decontamination or disposal of PCB's or equipment;
• Where PCB's are manufactured, supplied or used solely for the purposes of analysis or research;
• Transformers for which it is reasonable to assume that the PCB fluid content is 0.05% (equivalent to 500 ppm) by weight or less. In this case transformers can be used to the end of their useful life;
• Transformers with a fluid content of PCB that have been decontaminated so that they contain less than 0.05% PCB's by weight. In this case transformers can be used until the end of their useful life. This decontamination must have taken place prior to the 31st December 2000.
• Equipment containing PCBs which is equipment to which none of the other exemptions apply, and which is also not contaminated equipment, and which forms part of other equipment which is also not contaminated equipment. Equipment of this description can be held until the other equipment is taken out of use, recycled or disposed of.

Exemption may also apply where a derogation has been granted by the Secretary of State (via SEPA/ Environment Agency) which allows some types of contaminated equipment to remain operational until it reaches the end of its useful life (or 1st January 2008 if that is sooner). The deadline for applying for a derogation has now passed.

SEPA and the Environment Agency have the right to cancel the registration of PCBs where;

• false information has been supplied about the registration; or
• where the holder fails to provide information about renewal of a registration.

PCB contaminated equipment must be clearly labeled in order to identify the presence of PCBs within the equipment.

The two types of labels to be used must show that the equipment is;

• contaminated; or
• a transformer that has been decontaminated to reduce the content of PCBs in the fluid to a maximum of 0.05% by weight.

In addition where access to a piece of contaminated equipment is by means of a door or gate, a sign must be fixed to the door of gate to show that the premises contain PCB contaminated equipment.

All PCBs and equipment containing PCBs should have been disposed of be the 31st December 2000 except where an exemption applies. Where an exemption applies the deadline for disposal was 1st January 2008.

The Regulations limit the methods of disposal to the following:

• Biological treatment;
• Physico-chemical;
• Incineration on land;
• Permanent storage (but only safe, deep, underground storage in dry rock formations and only for equipment containing PCBs which cannot be decontaminated);
• Temporary storage at the disposal site (while awaiting on of the above methods to be applied).

SEPA/ Environment Agency may make a site visit to:

• check the information on the registration renewal form was correct; and
• to monitor the disposal and decontamination of PCB contaminated equipment.

Site visits are generally only carried out where it is suspected that the information provided to the Agency is false.

Once registration is in place holders of PCB contaminated equipment must keep the agency (SEPA/ Environment Agency) informed of any changes in the holding in writing.

Contravention of the PCB Regulations is a criminal offence and the perpetrator shall be liable to a fine not exceeding £20,000 and/or imprisonment not exceeding 6 months, on a summary conviction.

None at Present

None at Present