Jurisdiction: England & Wales

Commencement: 6th April 2024

Amends: The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
Mini Summary

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 implement Directive 96/59/EC on the decontamination or disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCBs) and equipment containing them, and the associated provision for inventories, labelling and monitoring. Organisations holding PCBs have to register. Applicants for registration are required to specify, amongst other things, the date by which they expect to have decontaminated or disposed of the equipment concerned.

Duties
Various duties apply.

 

Amendment

Clarification is made to regulations 4 and 5 so that the references to PCBs refer to the volumes of fluid containing PCBs and not the volume of PCBs.

This has been done in order to ensure the correct removal from use of equipment containing over the prescribed threshold of PCBs by the end of 2025.

There are no changes to duties for organisations.

Link to full government text

 
  

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Polychlorinated Biphenyls (PCBs)* are toxic to the environment and have been banned in transformers** in England, Scotland and Wales.

*PCBs include:

**Transformers are used to reduce the voltage of electricity from the grid.

Transformers whose oil contains more than 0.005% PCBs but less than 0.05% and a total PCB volume of 50 ml are currently exempt from this ban. The Compliance People consultant Katie Pritchard looks at this exemption and its upcoming repeal.

 

Deadline for decontamination and disposal

Transformers containing more than 0.005% PCBs but less than 0.05% and a total PCB volume of 50 ml must be decommissioned or disposed of by 31st December 2025.

Transformers contaminated with PCBs are considered as hazardous waste and persistent organic pollutants. As such, the transformers must be disposed of in a way that destroys the PCB content.

If the PCB content cannot be destroyed, the Environment Agency or the Scottish Environment Protection Agency may permit you to permanently store the equipment underground.

Records of disposal and decontamination must be retained and provided upon request.

 

Deregistering transformers contaminated with PCBS

Once decontaminated or decommissioned, transformers contaminated with PCBs must be removed from the contaminated equipment register*.

*The contaminated equipment register is a register maintained by the Environment Agency and the Scottish Environment Protection Agency. The register sets out a list of all transformers that still contain PCBs.

You may need to provide information on laboratory test reports and waste consignment notes.

 

In summary

Transformers containing more than 0.005% PCBs but less than 0.05% and a total PCB volume of 50 ml must be decommissioned or disposed of by 31st December 2025.

If you need more help, why not get in touch with us? – Our professional team of consultants offer independent, periodic compliance evaluations and support for both environment and health & safety.