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Draft Proposed Regulations on Polychlorinated Biphenyls (PCB)

Draft for Consultation - November 2002

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Interpretation

Definitions

1. The definitions in this section apply in these Regulations.

"Act"
« loi »

"Act" means the Canadian Environmental Protection Act, 1999.

"electrical transformer"
« transformateur électrique »

"electrical transformer" includes an assembly that consists of an electrical transformer and a rectifier that are installed in a common enclosure. (transformateur électrique)

"PCB"
« BPC »

"PCB" means a chlorobiphenyl described in item 1 of the List of Toxic Substances in Schedule 1 to the Act. (BPC)

"recycle" means a new use of a substance collected after its original use, and after it has undergone a chemical or physical change.

"reuse" means a new use of a substance collected after its original use that has not undergone a chemical or physical change.

"sealed electrical transformer"
« transformateur électrique scellé »

"sealed electrical transformer" means an electrical transformer that has been fusion sealed and would be rendered inoperable and unrepairable if dielectric fluid were removed from it. (transformateur électrique scellé)

Sale - property

2. (1) Nothing in these Regulations shall be interpreted as prohibiting the sale, for its original purpose, of any real property or immovable or personal property or movable

(a) that has equipment containing PCBs that is an integral part of the property, immovable or movable; or

(b) on which is located a PCB storage site that is subject to the Storage of PCB Material Regulations.

(2) Nothing in these Regulations shall be interpreted as prohibiting the sale or export, for its original purpose, of an aircraft, ship or vehicle in which the only equipment containing PCBs is contained in communication or electronic control equipment.

Prohibitions

Releases

Releases

3. No person shall release into the environment or a landfill

(a) a liquid that contains 2 mg/kg or more of PCBs, or a product that contains such a liquid; or

(b) any substance or product, other than a product referred to in (a), that contains 50 mg/kg or more of PCBs.

Accidental releases

4. No person shall release more than 10 g of PCBs into the environment as a result of an accidental spill or leak.

Export, import, manufacture, use and sale

Concentration limits

5. Subject to sections 6 to 10, no person shall

(a) export, import or manufacture PCBs or a product containing 2 mg/kg or more of PCBs;

(b) use or sell PCBs, or a product or substance containing 50 mg/kg or more of PCBs;

(c) reuse a substance, equipment or container containing PCBs unless they are first decontaminated to contain less than 2 mg/kg, or 10 ug/100 cm2 of PCBs, respectively; or

(d) recycle a substance, equipment or a container containing PCBs unless they are first decontaminated to contain less than 2 mg/kg of PCBs or 10 ug/100 cm2 of PCBs, as the case may be.

(e) mix or dilute PCBs or a substance containing PCBs with any other substance except for the purpose of destroying the PCBs in accordance with applicable Canadian law.

Exceptions

Permitted Activities

Testing or destruction

6. Section 5 does not apply to PCBs that are used

(a) for laboratory analysis or environmental or health testing that is conducted in facilities authorised under applicable Canadian laws; or

(b) in machinery or equipment, or in a facility or process, that destroys them in accordance with applicable Canadian law.

Colouring pigment

7. A person may export, import or manufacture colouring pigment that contains less than 25 mg/kg of PCBs and that is produced during the manufacturing process.

Phase-out

Equipment - 500 mg/kg PCBs or more

8. (1) The following equipment that contains 500 mg/kg or more of PCBs, if it is in use, or temporarily out of use, in Canada at the time that these Regulations come into force, may continue to be used in place until December 31, 2007:

(a) capacitors, electrical transformers and auxiliary electrical equipment;

(b) electromagnets that are not used in the handling of food, feed or any additive to food or feed; and

(c) heat transfer equipment, hydraulic equipment, vapour diffusion pumps and bridge bearings.

Further delay

(2) If the removal of the equipment referred to in subsection (1) would result in the permanent closure of the facility in which it is located, the equipment may continue to be used in place until December 31, 2009.

Equipment with 50 - 500 mg/kg of PCBs

(3) Equipment listed in paragraphs (1)(a)to (c) that contains at least 50 mg/kg but less than 500 mg/kg of PCBs may continue to be used in place until December 31, 2014.

Sensitive locations

(4) Despite subsections (1) to (3), the equipment referred to in this section may continue to be used only until the (date that is three 3 yrs from the coming into force) at

(a) drinking water treatment plants, food processing sites and feed processing sites; and

(b) schools at or below the secondary level, hospitals and senior citizen care facilities, including the land on which they are located within 100m of those buildings.

Exception - essential equipment

9. (1) Despite section 8, any of the following equipment containing PCBs that is in use, or temporarily out of use, at a site when these Regulations come into force, may continue to be used in place:

(a) light ballasts;

(b) cables;

(c) pole top electrical transformers;

(d) current transformers and potential transformers, as well as circuit breakers, reclosers and bushings that are located at an electrical production or distribution facility.

Pipelines

(2) Pipelines that transport natural gas or oil, and all associated equipment that is in contact with the gas or oil, and that are in place at the time that these Regulations come into force, may continue to be used.

Capacitors and sealed transformers

(3) Despite section 8, a capacitor or a sealed electrical transformer that contains less than 500 g of PCBs, and that is an integral part of a product that is in use when these Regulations come into force, may continue to be used in that product.

Servicing

Liquid with 2 mg\kg or more - topping up

10. (1) A liquid that contains at least 2 mg/kg of PCBs may only be reused for topping up a liquid in equipment that contains at least 2 mg/kg of PCBs if the mixing does not change the concentration of PCBs in the liquid the equipment.

Liquid with 2 mg\kg or more - reuse

(2) A liquid that contains at least 2 mg/kg of PCBs that has been removed from equipment may be reused in the same equipment for the purposes of its servicing or maintenance.

Liquid with less than 2 mg\kg

(3) Only a liquid that contains less than 2 mg/kg of PCBs may be mixed with a liquid that contains less than 2 mg/kg of PCBs that is contained in equipment, for the purpose of servicing or maintaining the equipment, or to top up the liquid contained in the equipment.

Transformer with 50mg/kg or more - reuse

(4) A transformer that contained 50 mg/kg or more of PCBs can be decontaminated and reused only if it is refilled with a liquid that contains less than 2 mg/kg of PCBs and the concentration of the liquid does not increase to 50 mg/kg of PCBs or more after the transformer is operated for a minimum of 90 days.

Out-Of-Service Equipment

Management

11. (1) The owner of any equipment that contains 50 mg/kg or more of PCBs and that is permanently out of service shall, in accordance with applicable laws

(a) store, destroy or decontaminate the equipment; or

(b) remove and destroy the PCBs, or any substance containing PCBs.

Exception - cables

(2) Despite subsection (1), a cable that is buried, submerged or accessible through a conduit, tunnel or transformer chamber may be left in its location if removing the cable would endanger the structural integrity of a work or interrupt an essential public service.

Exception - pipelines

(3) Despite subsection (1), a pipeline and associated equipment referred to in subsection 9(2) may be left in its location, unless that equipment is located above ground.

Labelling

Labels

12. (1) The owner of a capacitor or sealed electrical transformer referred to in section 8, other than a light ballast, that contains at least 500 g of PCBs shall affix the label in the form illustrated in Figure 1 of the schedule, measuring at least 76 mm by 76 mm, to a visible part of the equipment.

(2)The owner of a container of any liquid that contains 50 mg/kg or more of PCBs or of equipment that contains at least 50 mg/kg of PCBs, other than a capacitor or sealed electrical transformer, shall affix the label in Figure 2 of the schedule, measuring at least 150 mm by 150 mm, to a visible part of the equipment.

Decontaminated equipment label

(3) The owner shall affix the label in Figure 3 of the schedule, measuring at least 150 mm by 150 mm, beside the label referred to in subsection (1) or (2), if any, to every container or piece of equipment that

(a) contained 50 mg/kg or more of PCBs; and

(b) has been decontaminated to less than 50 mg/kg for reuse for its original purpose.

Description

(4) The labels described in subsections (1) to (3) shall be black and white and shall bear separate registration numbers provided by the Minister.

Timing

(5) The labels shall be affixed until the equipment or container is destroyed, and

(a) within six months after the day that these Regulations come into force, in the case of equipment that contains 500 mg/kg or more of PCBs,

(b) within twelve months after the day that these Regulations come into force, in the case of equipment that contains 50 mg/kg or more of PCBs but less than 500 mg/kg of PCBs, and

(c) as soon as practicable, in the case of equipment described in section 9, and

Exceptions

(6) The label need not be affixed to equipment and containers that, on the day that these Regulations come into force are in use and bear a label

(a) with a registration number that was provided by the Minister; or

(b) with a unique code provided by the owner, if before that date, the owner has submitted a detailed description of the labelling system to the Minister in writing.

Alternate placement

(7) If it is impossible to place a label on a piece equipment because of its location, the owner of the equipment shall keep the label in a location near the equipment and shall place a notice warning of the presence of PCBs in a visible location near the equipment. Before the piece of equipment is removed from its location or taken permanently out of service, it shall be labelled in accordance with subsections (1) to (5).

Pipelines

(8) In the case of a pipeline and associated equipment that are located in an above-ground facility, the owner may, instead of placing labels on the pipeline and equipment, place a notice, in a visible location near the entrance of the facility, warning of the presence of PCBs. Before the piece of equipment is taken permanently out of service, it shall be labelled in accordance with subsections (1) to (5).

Reporting

Report on Equipment Referred to in Section 8

Contents

13. (1) The owner of equipment referred to in section 8, other than light ballast and equipment referred to in section 9, shall prepare a report to the Minister, dated and signed by the owner or the owner's authorized representative, that contains the following information:

(a) the name, telephone and facsimile numbers, and the civic, mailing and electronic addresses of the owner and the person responsible for the equipment;

(b) the location of the equipment and, if any, the telephone and facsimile numbers, and the civic, mailing and electronic addresses of the location;

(c) whether the PCBs or product are located at a drinking water treatment plant, a food processing site or a feed processing site, or at or within 100m of a school at or below the secondary level, a hospital, or a senior citizen care facility, as the case may be;

(d) the registration number on the label referred to in section 12;

(e) a description of the equipment, whether the PCBs are askarel or contaminated mineral oil and if known, the PCB concentration;

(f) whether the equipment is in use or temporarily out of use;

(g) the weight in kilograms or volume in litres of the liquid containing PCBs in the equipment, or the combined weight of the equipment and the liquid; and

(h) the name of the manufacturer of the equipment and, if known, the serial number and date of manufacture.

Timing

(2) The report shall be submitted to the Minister

(a) within six months after the coming into force of these Regulations, if the equipment contains 500 mg/kg or more of PCBs; and

(b) within 12 months after the coming into force of these Regulations, if the equipment contains more than 50 mg/kg, but less than 500 mg/kg, of PCBs.

Delivery

(3) The report shall be mailed or delivered by hand to the Environmental Protection Service of the Department of the Environment that is responsible for the region where the equipment is located.

Exception

(4) The owner need not submit the report if the information described in subsection (1) was submitted to the Minister before the coming into force of these Regulations.

Change in information

(5) If the information contained in the report becomes inaccurate or incomplete, and if the status of the equipment changes - to in use, temporarily out of use, stored for future use or destruction, decontaminated or destroyed - the owner shall provide the corrected and complete information within 30 days after the change.

Exemption - National Defence

(6) The Department of National Defence is exempt from the requirement to submit the report in respect of equipment containing PCBs that forms an integral part of equipment designed for use in combat.

Report on Essential Equipment Referred to in Section 9

Annual report

14. (1) Every owner of equipment described in section 9, other than light ballasts, shall submit an annual report to the Minister, dated and signed by the owner or the owner's authorized representative, categorizing the equipment by type and, if appropriate, by size, and listing the number of units of each category.

Contents of report

(2) The report shall include separate categories for each site or geographic region where equipment is located and shall include

(a) a description of the site or geographic region, and the name, telephone and facsimile numbers, and the civic, mailing and electronic addresses of the owner of the equipment and of the person responsible for the site or region; and

(b) the number of units in each category, and if applicable the registration numbers on their labels,

(i) that are in use;

(ii ) that are temporarily out of use;

(iii) that have been taken permanently out of use since the preceding annual report; and

(iv) that were identified as containing PCBs in the preceding calendar year and whether they are in use, temporarily out of use, or permanently out of use.

Additional information

(3) The report shall contain the following additional information:

(a) for pole top electrical transformers and equipment referred to in paragraphs 9(1)(c) and (d), the type of PCBs - askarel or contaminated mineral oil - contained in the equipment, the average concentration of the PCBs, if known, and

(i) the average weight in kilograms or volume in litres of the liquid containing PCBs in the equipment, or

(ii) the combined weight of the liquid and the equipment; and

(b) for pipelines and associated equipment, the weight in kilograms or volume in litres of substances containing PCBs and the average concentration of PCBs.

Delivery

(4) The report shall be mailed or delivered by hand to the Environmental Protection Service of the Department of the Environment that is responsible for the region where the equipment is located, no later than January 31st after the end of the calendar year for which the report is made.

Corrections

(5) The owner shall provide the Minister with corrections to the information in the report concerning the owner, the person responsible for the equipment or the site where the equipment is located, within 30 days after the change.

Further information

(6) Upon request by the Minister, the owner shall provide any clarification of the information referred to in this section within 30 days after receiving the request.

Retention of reports

15. (1) The owner shall keep a copy of the report referred to in section 13 at the facility where the equipment is located for at least five years after the date the equipment referred to in the report is put permanently out of service.

(2) The owner shall keep a copy of the report referred to in section 14 at the facility where the equipment is located, or the owner's principal place of business for the geographic region to which the report relates, for at least five years after the date the equipment referred to in the report is put permanently out of service.

Report of Releases

Notifying enforcement officer

16. (1) For the purpose of paragraph 95(1)(a) and subsection 95(3) of the Act, in the event of a release referred to in section 3 or 4, or the likelihood of such a release, an affected person shall verbally notify an enforcement officer for the region where the release occurs or is likely to occur of the release or likelihood as soon as possible and provide the information set out in subsection (2).

Contents of verbal report

(2) The report shall contain the following information:

(a) the name, title, if any, civic and mailing address and telephone and facsimile numbers of the person;

(b) whether the person owns or has the charge, management or control of the PCBs, or causes or contributes to the release or increases the likelihood of the release or is a person whose property is affected by the release;

(c) the location of the release or likely release and of any property that is affected;

(d) a description of the source of the release or likely release and, if the source is equipment, a description of the equipment; and

(e) the date, time and, if known, the duration of the release.

Written report

(3) Within seven days after the verbal notification, the person shall provide the Regional Director of the Department of the Environment for the region where the release occurs, or is likely to occur, a written, dated and signed report containing the information described in subsection (2), updated as necessary, and the following additional information:

(a) the date and time of the verbal report and the name of the enforcement officer to whom the report was made;

(b) the cause of the release or likely release;

(c) the quantity and concentration of PCBs released or likely to be released;

(d) if equipment containing PCBs is involved, the registration number on the label, if any;

(e) a description of the environment affected by the release or likely release;

(f) a description of the corrective measures or preventative measures taken; and

(g) any member of the public who may be adversely affected by the release or likely release, indicating those members of the public who have been notified.

Methods and Standards

Determining concentration

17. For the purpose of determining compliance with these Regulations, the concentration of PCBs shall be measured using the Reference Method for the Analysis of Polychlorinated Biphenyls (PCBs), Department of the Environment, Report EPS 1/RM/31, as amended from time to time in a laboratory accredited under the International Organization for Standardization standard ISO/IEC Guide 25: 1990, entitled General requirements for the competence of calibration and testing laboratories, as amended from time to time.

Transport

Containment

18. When transporting by rail, road or waterways, a liquid, a solid or a substance containing 50 mg/kg or more of PCBs, the owner of the material, the person offering the material for transport and the carrier of the material ensure that it is securely contained in a leak-free container, that is compatible with the liquid, solid or substance containing the PCBs, and this container is placed in another leakproof means of containment so that no leak, spill or discharge is likely to occur during the transport.

19. When transporting a piece of equipment by rail, road or waterways, the owner, the person offering the equipment for transport and the carrier of the equipment ensure that;

(1) the liquid containing the PCBs has been drained to the greatest extent possible during a period of 48 hours,

(a) all orifices of the equipment have been capped or sealed,

(b) the equipment is protected by a means of containment that will prevent any remaining liquid from escaping during the transport,

(c) there is inside the means of containment sufficient absorbent material to absorb any remaining liquid, and

(d) the equipment and the means of containment are covered or otherwise protected in order to prevent any precipitation from reaching the equipment and the absorbent material and to prevent the displacement or release of any material in the means of containment during the transport; or

(2) where the equipment is a sealed unit, the equipment is placed in a leakproof means of containment with sufficient absorbent material to absorb any liquid PCB that may evolve.

(3) where it is impossible or inadvisable to drain the equipment,

(a) the equipment is placed in

(i) a leakproof container or means of containment, or

(ii) a drip pan that

1. has a capacity of not less than 125 per cent of the capacity shown on the name plate of the equipment, and

2. contains sufficient absorbent material to absorb not less than 110 per cent of the capacity shown on the name plate of the equipment;

(b) the equipment and the drip pan are covered or otherwise protected in order to prevent any precipitation from reaching the drip pan and to prevent the displacement or release of any material in the drip pan during the transport; and

(c) the carrier is notified in writing that the equipment has not been drained.

Attachment

20. Where a piece of equipment or a container containing a liquid, a solid or a substance containing 50 mg/kg or more of PCBs is prepared for transport by rail, road or waterways, the owner of the material, the person offering the material for transport and the carrier of the material ensure that it is securely supported, blocked, braced, lashed or tied onto the vehicle to prevent the equipment or container from shifting during the transport.

Repeal

Repeal

21. The Chlorobiphenyls Regulations are repealed.

Coming Into Force

Coming into force

22. These Regulations come into force on the day on which they are registered.

Schedule

(Section 12)

Labels

Figure 1

Figure 1 shows the label measuring 76 mm by 76 mm which it is affixed on an equipment referred to subsection 12 (1)

Figure 2

Figure 2 shows the label measuring 150 mm by 150 mm which it is affixed on a container or an equipment referred to subsection 12 (2

Figure 3

Figure 3 shows the label measuring 150 mm by 150 mm which it is affixed on a container or an equipment referred to subsection 12 (3)

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