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Department for Environment, Food & Rural Affairs

POLYCHLORINATED BIPHENYLS (PCBs)

UK ACTION PLAN FOR THE PHASING OUT AND DESTRUCTION OF POLYCHLORINATED BIPHENYLS (PCBs) AND DANGEROUS PCB SUBSTITUTES

NB: The appendices to the UK Action Plan have not been included.
Copies can be obtained by contacting jim.spooner@defra.gsi.gov.uk.

Summary

This paper sets out the UK's Action Plan for the phasing out and destruction of PCBs in accordance with commitments made by the UK at the Third International North Sea Conference at the Hague in 19901 and in accordance with the requirements of Council Directive 96/59/EC2 which will be implemented by Regulations in due course. It updates and revises the proposals contained in a 1993 draft circulated for comments. The Action Plan involves the progressive withdrawal of exemptions to the existing ban on PCBs, the registration of such material for disposal, revised guidance (published separately), enhanced monitoring, co-operation with relevant trade bodies and a publicity campaign. This Action Plan will be operated on a voluntary basis, pending the adoption of the Regulations which will give statutory force to some of the provisions in the Plan.

Introduction

1. PCBs have long been recognised as posing a threat to the environment because of their toxicity, persistence and tendency to bioaccumulate (ie to build up in the bodies of animals, particularly at the top of the food chain). Although they have been used in the past to a significant extent, the overwhelming consensus now is that the risks posed by PCBs greatly outweigh any benefits of using them.

2. The use of PCBs has been progressively restricted since the 1970s. In 1976 a DOE Waste Management Paper3 (revised 1994) provided advice on disposal. In 1986 their supply by way of sale and their use in new plant and equipment was banned in the UK as part of an EC initiative. This ban is contained in the Control of Pollution (Supply and Use of Injurious Substances) Regulations 1986 (S.I. 1986 No 902)4, as amended by the Environmental Protection (Controls on Injurious Substances) Regulations 1992 (S.I. 1992 No 31)5 and in The Marketing and Use of Dangerous Substances Regulations (Northern Ireland) 1994 (S.R. 1994 No 222)6. These measures have contributed to falling background levels of PCBs in the environment.

3. It is, however, recognised that the PCBs which remain in existing equipment pose a continuing environmental threat particularly to marine life as it is anticipated that PCBs will continue to migrate towards the sea. The UK and other North Sea countries agreed at the Third International Conference on the North Sea in 1990 to phase out and destroy remaining identifiable PCBs by the end of 1999. The text of this agreement is at Appendix A to this paper. Following this, the Paris Commission, which is responsible for measures to tackle land based sources of pollution of the North East Atlantic, agreed a Decision on PCBs in 19927. This confirmed the end of 1999 as the date for 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: a copy of this Decision is at Appendix B.

4. An EC Directive on the disposal of PCBs and PCTs with requirements for the preparation of inventories, labelling, treatment of all significant PCB holdings and the tighter regulation of PCB treatment facilities was adopted on 16 September 1996. A copy of Council Directive 96/59/EC on the disposal of Polchlorintaed Biphenyls and Polychlorinated Terphenyls is at Appendix C. The main elements are:-

Equipment containing PCBs

5. There were a limited number of exemptions to the 1986 ban on the sale and use of PCBs. The exemptions permitted continued use in certain types of equipment already being used before July 1986. Under these exemptions PCBs could continue to be used:-

  1. for dielectric applications in transformers;
  2. for dielectric applications in capacitors (subject to limitations for small capacitors);
  3. as hydraulic fluid used in underground mining equipment;
  4. in heat transfer installations (again subject to limitations).

Related Substances

6. The North Sea Conference commitment to phase out and destroy PCBs also applied to hazardous PCB substitutes. Three such substitutes have been identified in UK Legislation. Two of these, monomethyl-dichloro-diphenyl methane (UGILEC 121 or 21) and monomethyl-dibromo-diphenyl methane (DBBT) are believed never to have been marketed in the EC. It is believed that the third, monomethyl-tetrachloro-diphenyl methane, (UGILEC 141) has never been marketed or used in the UK but has been sold in other EC countries. Its marketing and use has been banned with effect from 18 June 1994 by the Environmental Protection (Controls on Injurious Substances)(No 2) Regulations 1992 (S.I. 1992 No 1583)8 and in The Marketing and Use of Dangerous Substances (No 3) Regulations (Northern Ireland) 1994 (S.R. 1994 No 224). There are exemptions in respect of existing equipment.

7. A number of other types of substance have similar properties to PCBs and are used similarly, albeit in much smaller quantities. These substances are:-

polychlorinated terphenyls (PCTs),
polybrominated biphenyls (PBBs)

8. The Paris Commission Decision, PARCOM Decision 92/3, also noted that polychlorinated napthalenes (PCNs) were an equally hazardous substitute that would require action if occurring in significant quantities. No action was taken regarding PCNs because they were not thought to be in use. However, a significant holding has been identified in the UK telecommunications industry and suitable disposal action will be required. The elements of the Action Plan will apply equally to these substances.

Future Action

9. It is estimated that a maximum of 8,000 tonnes of PCBs remain in the UK for disposal. This estimate has been made by deducting the amount of known disposals and exports from the amount of PCBs known to have been produced or imported. The actual figure may well be less. The most likely sources of PCB wastes are items of electrical equipment (transformers and capacitors), which may be bulky items to handle. It is estimated that a significant proportion of UK PCBs is held in some 1,800 transformers and 450,000 capacitors.

10. The UK Government intends to deal with identifiable PCBs and related substances as described in the remainder of this Action Plan, making use of the terms of the EC Directive to determine what is identifiable and the scope for particular action.

De minimis exemptions

11. The Directive has set the de minimis level of 5 dm3 (5 litres in practice). In the case of power capacitors this threshold is to be understood as including the total of the separate elements of a combined set. This should generally mean that the very small quantities found in older "white goods" ie those manufactured before 1986, for example, domestic refrigerators, washing machines and some domestic light fittings will be outside the requirements for labelling and destruction by a specified date envisaged by the Directive. The UK will be submitting, as required by Article 11 of the Directive, an outline of the plan for collection and disposal, under the national waste management system, of items not subject to Article 4 (1) inventories.

Extension of PCB ban

12. It is intended that the prohibitions in existing Regulations will be supplemented so that:-

  1. the current ban on the supply by way of sale and use of PCBs in new plant and equipment will be immediately extended to cover:-
    1. all monochlorinated and dichlorinated biphenyls - these cannot effectively be separated from PCBs (described below as APCBs equivalents@);
    2. all mixtures and wastes containing more than 50ppm by weight of PCBs equivalents;
    3. any object, eg redundant transformer tank and its internal windings, that is so contaminated with PCB equivalents that physical or chemical interaction with another object would produce contamination above the 50 ppm by weight level.
  2. there will be, subject to the derogations in paragraphs 27 and 28, a ban on the use or storage (whether in equipment either in use or held in reserve or otherwise) of PCBs, PCB equivalents and PCNs from 16 March 1998 except where the equipment containing the substances has been registered with a competent authority. On registration of equipment a target date shall be set for its destruction.
  3. a ban on supply by way of sale, use and storage of PCBs, PCB equivalents and PCNs from 31 December 1999 (but see paragraph 27 and 28 on limited derogations from the ban); it would become an offence to keep or hold any PCBs (beyond the proposed de minimis exemption) after that date.

Current Guidance

13. There are already comprehensive controls on the disposal of PCBs. These are outlined in Waste Management Paper No 6 on the safe handling and disposal of PCBs. The Waste Management Paper also provides detailed guidance on PCB waste arisings, toxicity aspects, safe disposal methods and the relevant health and safety at work legislation.

14. The handling and disposal of PCBs present a potential risk for occupational exposure. The Health and Safety Executive has produced Guidance Note EH 6910 to help those coming into contact with PCBs to identify and handle them safely. In January 1997, a Maximum Exposure Limit (MEL) of 0.1 mg/m3 (8 hour time weighted average reference period) came int force. Inhalation exposures should be reduced so far as is reasonably practicable below this MEL and employers are advised that there is a particular risk of absorption through the skin. Copies of the Guidance Note can be obtained from HSE Books PO Box 1999 Sudbury, Suffolk CO10 6FS.

Registration and Destruction of PCBs

15. As noted above, after 16 March 1998, with the exceptions of research, development and analysis needs, the current exemptions of certain types of equipment from the ban on PCB use will only continue in cases where the material has been registered with a competent authority.

16. Facilities offering PCB destruction and final disposal services need to be licensed or authorised by the Environment Agency, the Scottish Environmental Protection Agency or an equivalent body. Waste Management Paper No 411 provides guidance on the drafting and supervision of waste management licences. In the UK, there are currently a number of companies concerned with destruction of PCB materials by incineration and two companies operating dechlorination processes that eliminate PCB contamination in dielectric substances.

17. The requirement to register by 16 March 1998 and to agree a date for destruction before or after that date is designed to ensure an orderly phase-out programme up to the end of 1999 and to ensure destruction capacity is deployed to the best effect. The destruction companies will, therefore, play a crucial role in implementing this Action Plan. The Government is continuing to discuss with those concerned how they might facilitate the orderly registration and disposal of PCBs and PCB-contaminated equipment.

18. Holders of individual items of equipment and PCB contaminated materials with a volume of more than 5dm3 and PCB concentrations above 50 ppm by weight will need to submit some very broad information relating to location and description of equipment/materials. (For power capacitors the 5dm3 threshold includes the total of the separate elements of a combined set.) Where it cannot reasonably be assumed that contamination of equipment with PCBs is below 500 ppm by weight, estimated quantities of PCBs and nature of treatment already carried out or envisaged will have to be recorded. All registered equipment will need to be labelled by holders and a suitable registration form and label will be prescribed. An example of what is to be required for both these documents is at Appendices D and E.

19. There is to be a charge to cover administrative and first assessment costs. This charge could, in any event, be refunded in any charge for ultimate disposal costs. A first assessment is needed to ensure that the proposed destruction facility can provide an appropriate form of disposal, bearing in mind the general duty of care for handling wastes. Beyond, that, however, it does not follow that disposal has to be at the actual point of charging. Procedures will provide the holder with evidence of registration and holders will then have sufficient flexibility to make decisions about decontamination and disposal based on final company strategies and contract negotiations. Companies that undertake treatment processes (such as those mentioned in paragraph 16 above) for PCB-contaminated materials resulting in the production of PCB waste which requires disposal must register with the competent authorities.

Cement kilns

20. Waste Management Paper 6 (Paras 8.34 - 8.35) notes that the characteristics of cement kilns should fit them for PCB destruction but that trials must first resolve questions about exhaust gases from kilns and their impact on the environment. The burning of waste in major plant is subject to Integrated Pollution Control (IPC) under the Environmental Protection Act 1990. The Environment Agency has said that where a cement kiln is used to burn a waste the standards in the IPC Guidance Notes12 on incinerating that waste should apply to that part of the exhaust gases attributable to the burning of the waste. At present this arrangement remains untested for PCB wastes; the cement industry specifies that its fuel stock should contain less than 50 ppm by weight, the definition limit for PCB wastes, and has indicated that it is not minded to accept PCB wastes.

Waste oils

21. It will remain an offence under Regulation 14 of the Waste Management Licensing Regulations 199413 to mix waste oils with waste oils containing PCB or PCT for the purposes of regeneration of the oil and storage of waste oil prior to regeneration or disposal. These mixing restrictions must be included in the waste management licence of any site which handles waste oils.

Identification, Sampling and Testing

22. The registration details will need to be retained beyond the end date for registration in order to prepare an inventory summary that the UK will be required to submit to the European Commission within 3 years of adoption of the Directive. The data required for preparing inventories will reflect the requirements of the EC Directive although whether Government or the competent authorities retain the inventory in the longer term is yet to be decided. However, under the terms of the Directive, destruction companies will also need to keep a register of the quantity, origin, nature and PCB content of used PCBs delivered to them. Access to this information will have to be available for local authorities and the public subject to the provisions of the Environmental Information Regulations 1992 (S.I. 1992 No 3240)14. The Environment Agency and its counterparts already have a responsibility to monitor relevant types of disposal activity.

23. It may be difficult in the case of sealed equipment to determine whether it contains PCBs or relevant levels of PCB contamination. Breaking open equipment in use in order to ascertain this information would be inappropriate if that then precluded further use. Owners of such equipment would need to make a reasonable assumption about levels of contamination of equipment. This would mean that they would have to satisfy themselves about the robustness of their assumptions based upon knowledge of their equipment, any operational records, suitable sampling and testing procedures (where necessary and practicable) and any other relevant information. The type, frequency and statistical spread of sampling must depend upon the nature of equipment and its use. Some guidance on testing methods for equipment and wastes is being considered, but any testing methods used will not be invalidated by any later reference method determined by the EC.

24. In some cases it may be practicable to deal with the PCB charge contained in the equipment rather than destroy the equipment. The dielectric liquid in transformers may be retrofilled (that is, the PCBs may be replaced with an alternative liquid) or PCB contaminants may be chemically destroyed through dechlorination which allows the reuse of the treated oils. However, care must be taken to ensure that the residual PCB concentrations leaching from plant internals do not become elevated to unacceptable levels. Repeated treatment, particularly with retrofilling, may be needed to meet the legislative 50 ppm by weight limit and this is acceptable under the terms of the EC Directive.

25. Problems are also likely to arise in identifying capacitors containing PCBs. Capacitors are often difficult to locate. They are usually plain boxes which can be remote from switchrooms or found on individual items of plant. They are very widely distributed throughout the UK. Potentially they could be found in many factories, offices, schools, hospitals etc. The assistance of trade associations, equipment manufacturing companies and licensed disposal companies could be available to enable potential owners to identify items originally charged with PCBs.

26. Large transformers and ancillary equipment including capacitors are readily identifiable. The majority are within the control of the electricity generating and distributive companies. These companies and other holders already have plans for seeking out and arranging for the destruction of their own holdings of PCBs. This is concentrating upon replacement of pure PCBs, and decontamination of high levels of PCBs in mineral oil dielectrics in equipment which can be tested and refilled. In some cases of this nature, replacement of the equipment itself has been planned. Greater difficulty arises over sealed equipment not normally expected to be disturbed and over the wide range of transformers likely to be contaminated at levels between 50 ppm to 500 ppm by weight.

Derogation from destruction by 1999

27. The Directive is useful in systematising identification of PCB holdings and the nature of consequent decontamination and/or disposal of equipment containing PCBs. The two basic thresholds for action by a definite date (2010 for non-North Sea states or 1999 in the case of North Sea states) relate to size of equipment (5 dm3) and level of contamination (above 50 ppm by weight). These are reflected in this Action Plan. However, the Directive also provides a derogation to the end of useful life which would cover transformers and ancillary equipment that contain contamination between 50 ppm and 500 ppm by weight subject to immediate action by holders to reduce contamination from above 500 ppm by weight where that is present. The term Aancillary equipment@ is understood to refer to equipment that is an integral part of the site and includes radiators, bushings, through-wall bushings and capacitors on air blast circuit breakers.

28. UK commitment as a North Sea state relates to the destruction of all identifiable PCBs on the grounds of environmental risks. Action on transformers and ancillary equipment with more than 500 ppm by weight contamination clearly meets that commitment. However, bearing in mind the limited environmental risk related to the levels of contamination below 500ppm by weight within enclosed transformers and ancillary equipment and the potential for disruption to supplies and operational safety risks attached to the sampling and removal of such equipment, this Action Plan proposes to make use of the derogation to the end of useful life.

Other actions

29. The Government is concerned that there should be suitable steps to ensure exclusion of direct discharges of PCBs into groundwaters and rivers or drains and sewers during the period of elimination. This will require consultation with monitoring and enforcing authorities over the need to pay particular attention to possible sources of PCB wastes during the period of elimination. In doing so, authorities will need to have regard to the use of powers in Section 85 and 86 of the Water Resources Act 199115 (or in Scotland, Section 30 of the Water Act 198916) as regards controlled waters, and Sections 111 and 118 of the Water Industry Act 199117, (or in Scotland, Section 34 of the Water Act 1989) as regards discharges into drains and sewers. The corresponding controls for Northern Ireland are contained in Sections 7 and 8 of the Water Act (Northern Ireland) 197218 as regards waterways and underground strata and Articles 20 and 39 of the Water and Sewerage Services (Northern Ireland) Order 1973 (SI 1973/70) (N.I.2)19 as regards discharges into drains and sewers.

30. The Action Plan will apply to all parts of the UK. Appropriate steps will be taken to introduce legislation to ban PCB storage and discharges of PCBs to rivers and groundwaters in Scotland and Northern Ireland.

31. Waste regulators may wish to review the licence conditions of particular types of facilities in the light of guidance contained in these documents. Working plans for waste management sites handling PCBs or where there is a risk of PCB arisings should include provision for testing/monitoring by the licencees with checking by regulators as necessary.

Publicity campaign

32. The Government is conducting a publicity campaign directed at possible owners of equipment which may contain PCBs. The campaign aims to raise awareness of potential sources of PCBs and their hazards. It informs owners of the requirements for registration and safe disposal.

Costs

33. The Government recognises that the costs to industry of implementing the North Sea Conference commitment and the EC Directive are difficult to determine. A cost compliance assessment (CCA) was prepared in August 1995 following consultation with industry . At that time, the total costs of disposal and premature replacement were estimated to be in the range of ,460m - ,670m. However, the derogations now contained in the Directive will have altered these figures and a further CCA is to be prepared and will be published together with the draft Regulations later in the year.

Department of the Environment
Department of Trade and Industry
The Scottish Office Agriculture, Environment and Fisheries Department
Welsh Office
Health and Safety Executive
March 1997

Additional copies of this Action Plan are available from:

MAR1
Room B456
Romney House
43 Marsham Street
LONDON SW1P 3PY
Tel: 0171-276-8507
Fax: 0171-276-8603

Technical queries on the content of the Action Plan should be addressed to:

WPD
Room A229
Romney House
43 Marsham Street
LONDON SW1P 3PY
Tel: 0171-276-8301
Fax: 0171-276-8403

References

1. 3RD International Conference on the Protection of the North Sea. Hague Decalaration. 7-8 March 1990.

2. Council Directive 96/59/EC on the disposal of Polychlorinated Biphenyls and Polychlorinated Terphenyls (PCBs/PCTs)

3. Waste Management Paper 6
Polychlorinated Biphenyls
HMSO1994 ISBN 0-11-752952-4

4. Control of Pollution (Supply and Use of Injurious Substances) Regulations 1986 Statutory Instrument No 902
HMSO 1986 ISBN 0-11-066902-9

5. Environmental Protection (Control on Injurious Substances) Regulations 1992 Statutory Instrument No 31
HMSO 1992 ISBN 0-11-023031-0

6. The Marketing and Use of Dangerous Substances Regulations
(Northern Ireland) 1994 (S.R. 1994 No 222)

7. PARCOM Decision 92/3
Phasing out of PCBs and hazardous PCB substitutes
(Reservations from Portugal and EEC)

8. Environmental Protection (Controls on Injurious Substances) (No 2) Regulations 1992 Statutory Instrument No 1583
HMSO 1992 ISBN 0-11-024583-0

9. The Marketing and Use of Dangerous Substances (No 3) Regulations
(Northern Ireland) 1994 (S.R. 1994 No 224)

10. HSE Guidance Note EH69
How to handle PCBs without harming yourself or the environment
HSE Books 1995 ISBN 0-7176-0789-5

11. Waste Management Paper 4
The Licensing of Waste Management Facilities
HMSO 3rd Edition 1994 ISBN 0-11-752727-0

12. IPC Guidance Notes. Produced by the Environment Agency to assist its Inspectors in the assessment of applications for Part A processes under Integrated Pollution Control as required by Part 1 of the Environmental Protection Act 1990.

13. Waste Management Licensing Regulations 1994 Statutory Instrument No 1056
HMSO 1994 ISBN 0-11-044056-0

14. The Environmental Information Regulations 1992 Statutory Instrument No 3240
HMSO ISBN 0-11-025140-7

15. Water Resources Act 1991
HMSO 1991 ISBN 0-10-545791-4

16. Water Act 1989
HMSO 1989 ISBN 0-10-541589-8

17. Water Industry Act 1991
HMSO Reprinted 1993 ISBN 0-10-545691-8

18. Water Act (Northern Ireland) 1972
HMSO 1978 (Reprint) ISBN )-337-47205-X

19. The Water and Sewerage Services (Northern Ireland) Order 1973
Statutory Instrument No. 70 (N.I. 2)
HMSO SBN 1-030070-X

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