PCB Regulations: Limited Use and Storage Exceptions

Summary#

This is a proposed change to the PCB Regulations announced by the Department of the Environment and the Department of Health on December 23, 2023. It would let a small number of special cases keep using or storing items that contain PCBs (polychlorinated biphenyls) longer than current rules allow, subject to new conditions and reporting. The notice is a proposal, not law, and there is a public comment period of 60 days from publication.

What it does#

• Allows continued use and on-site storage of equipment that contains radioactive PCBs at nuclear facilities while removal and destruction would be unsafe. Owners must take measures to limit harm and clean up any accidental releases.
• Lets the Department of National Defence keep and use military equipment that contains PCBs when there is no suitable non‑PCB substitute. Storage extensions (and multiple extensions) can be granted by the Minister; each storage extension can be up to 5 years.
• Permits museums to retain PCB‑containing objects of historical value for display or research if the object was already in the museum, cannot be safely tested or repaired without destroying it, and the museum meets safety conditions (for example, fire suppression).
• Provides a way for electrical generation, transmission or distribution facilities that are scheduled to permanently close on or before December 31, 2029 to apply to keep certain PCB‑containing equipment in service until the closure date. Applications must show plans and timelines to end use and measures to limit harms.
• Clarifies that mixing PCB oil with non‑PCB oil to dilute the PCB concentration is not allowed. It also allows known PCB concentrations to be used without new laboratory testing in some situations (for example, if original manufacturer labels are reliable).
• Adds new inventory, labelling and annual reporting requirements for equipment, military items, and museum objects kept under these exceptions.
• Sets administrative details: extension applications are expected to be processed in up to 60 days, government processing cost estimated at about $370 per application, and an estimated small increase in administrative costs of $591 total or about $42 per company (annualized) for affected electrical facilities that apply.

Who's affected#

• Nuclear facility operators.
• The Department of National Defence and military units that use older vehicles, ships or parts.
• Museums that hold unique historical objects which may contain PCBs.
• Operators of electrical generation, transmission or distribution facilities that are scheduled to permanently close on or before December 31, 2029 (for example some coal‑fired units being retired).
• Waste‑management and reporting bodies that track PCB inventories.
• The general public is unlikely to notice direct effects, but surrounding communities and workers near affected sites may have an interest in safety and monitoring.
• It is unclear from the notice whether other utilities (for example many hydroelectric operators) will qualify; the government said most hydroelectric facilities have already removed PCB equipment.

Why it matters#

• Safety vs. cleanup trade‑off: removing PCB equipment from highly radioactive areas could expose workers to dangerous radiation. These changes aim to avoid that immediate risk by leaving sealed, radioactive PCB equipment in place until it’s safe to remove.
• Cost and timing: some operators, museums and the military would avoid the expense and disruption of replacing equipment shortly before planned closures or while alternatives are unavailable. That can save one‑time costs now, at the expense of a slower overall phase‑out.
• Heritage protection: museums can keep unique items without destroying them for testing, preserving historical objects that would otherwise be lost.
• Environmental balance: the government says the added risk of PCB releases is expected to be low because the equipment is sealed or contained, but keeping PCBs in use longer does slow the overall elimination of these toxic substances.
• Next steps: this is a proposed amendment, not final. Interested parties could comment during the 60‑day consultation that began with the Gazette notice on December 23, 2023.