Extensions to PCB Regulations for Specific Uses

Summary#

This is a proposed change to the PCB Regulations under the Canadian Environmental Protection Act, 1999 published December 23, 2023. It would let a few specific groups keep or store equipment or objects that contain PCBs for longer than current rules allow, subject to conditions and applications. This is a proposal, not yet law.

What it does#

• Lets equipment that contains radioactive PCBs stay in use at nuclear sites when removing it would expose workers to high radiation. Owners must take measures to limit PCB harm and clean up any accidental releases.
• Allows certain electrical facilities that are scheduled to close on or before December 31, 2029 to apply to keep using some PCB-containing equipment until the facility closes. Extensions require a plan and conditions to limit harm.
• Lets the Department of National Defence keep and store military equipment containing PCBs if no non‑PCB alternative exists. Storage extensions can be granted for up to five years, and multiple extensions are possible.
• Permits museums to keep PCB-containing objects of historical value when the PCBs cannot be removed without destroying the object, if the storage/display area meets safety conditions.
• Clarifies that mixing PCB oil with non‑PCB oil to lower the measured concentration is not allowed.
• Allows some PCB concentrations to be recorded from original labels or closely similar products without destructive testing.
• Adds inventory, labelling and annual reporting rules (reports due by March 31 each year; labels to be added within 30 days after a piece of equipment stops being used).
• Sets an upper release limit from equipment of one gram of PCBs to the environment.
• Establishes an application process for extensions. Applications are to be handled without fees and the administrative procedure is expected to take up to 60 days once all documents are provided.

Who's affected#

• Nuclear facilities and their workers — where PCB-containing parts may sit inside high-radiation zones.
• The Department of National Defence and Canadian Forces — for legacy military vehicles, ships, aircraft and parts that may contain PCBs.
• Electrical generation, transmission and distribution facilities that are scheduled to close by December 31, 2029, including some coal-fired plants.
• Museums that hold unique or historically important objects that could contain PCBs.
• Small museums and other small organizations (noted as potentially impacted under the small business lens).
• Regulators and facility operators who will prepare inventories, labels and annual reports.
• The public and environment — because the changes slow the phase-out for a limited set of PCBs. (The government also considered questions about importing PCB waste above 2 mg/kg but did not change import rules in this proposal.)

Why it matters#

• It reduces immediate safety risks to workers. Removing PCB equipment from tightly contained, high‑radiation areas could create dangerous radiation exposures. Letting such equipment remain in place until it can be removed safely avoids that risk.
• It lowers short‑term costs for specific operators. Facilities slated to close and the military can avoid costly replacement or disposal before these assets reach the end of their useful life.
• It preserves heritage. Museums can keep historically important items that would otherwise be destroyed solely to test for PCBs.
• It slows the complete phase-out of some PCB uses. That could slightly increase the time PCBs remain in the economy and environment, though the government says risk is expected to stay low because much of the equipment and objects are sealed or contained.
• The proposal adds new paperwork and an application process. The government estimates processing an extension application costs about $370 and that annualized administrative costs for businesses choosing to apply would be roughly $591 in total or about $42 per company per year.

If you want to comment on the proposal, the Canada Gazette notice set a public comment period of 60 days from publication.