Extensions for PCB-Containing Equipment Use

Summary#

This is a proposed change, published in the Canada Gazette on December 23, 2023, to amend the PCB Regulations and related enforcement rules under the Canadian Environmental Protection Act, 1999. The changes would let some radioactive, military, museum, and certain electrical facility items that contain PCBs stay in use or storage longer than current rules allow, subject to conditions and ministerial approval.

What it does#

• Allows continued use and storage of equipment that contains radioactive PCBs at nuclear facilities while it remains safer to leave that equipment in place. Owners must take steps to minimize harm and clean up any releases.
• Lets a limited number of electrical generation, transmission or distribution facilities that are scheduled for permanent closure on or before December 31, 2029 apply to keep certain PCB-containing equipment in use until their closure date. Extensions require a written application and must include a plan and timelines to end use.
• Permits the use and extended storage of military equipment that contains PCBs when no non‑PCB alternative exists. Storage extensions for military items can be granted for up to 5 years at a time and multiple extensions are allowed.
• Allows museums to retain PCB‑containing objects of historical value for display or research if the PCBs cannot be removed without destroying the object and safety measures (like fire suppression) are in place.
• Clarifies that mixing PCB oil with non‑PCB oil to dilute PCB concentration is not allowed. It also allows PCB concentration to be determined from original labels or from similar known products in some cases instead of destructive testing.
• Adds or changes labelling, inventory and annual reporting duties for owners of affected equipment and objects. It also sets a release limit from equipment of 1 gram of PCBs into the environment.
• Establishes an application process (no fee) for extensions. The department expects to process applications within 60 days once complete documentation is provided.

Who's affected#

• Owners and operators at nuclear facilities (equipment in high‑radiation, hard‑to‑access areas).
• Operators of electrical generation, transmission and distribution facilities that will close by December 31, 2029.
• Department of National Defence and Canadian Forces (military vehicles, parts, and other equipment that may contain PCBs).
• Museums with objects of historical value that may contain PCBs.
• Organizations that already report on PCB equipment under the PCB Regulations (additional inventory/reporting details may apply).
• The proposal does not change the current ban on importing certain PCB wastes; waste importers who raised that issue did not get the change in this proposal.

Why it matters#

• Safety: Removing PCB equipment from inside high‑radiation areas at nuclear sites could expose workers to dangerous radiation. Letting that equipment remain in place until safe removal is possible reduces that risk.
• Cost and logistics: Facilities facing scheduled closures and the military could avoid costly, unnecessary replacement or disposal actions before those facilities or items are retired.
• Heritage: Museums can keep historically important objects that would otherwise be destroyed by testing or forced disposal.
• Environmental trade‑off: These changes slow the phase‑out of some PCB items. The government says the risk of environmental release remains low because the items are usually sealed and stored, but the slower phase‑out does increase the time some PCBs remain in use.
• Oversight: Continued use or storage is subject to conditions, labelling, inventories, reporting and ministerial approval, so there will be records and limits on who can use these deferrals.
• This is a proposal, not a final rule. Comments were invited for 60 days after publication. The regulatory impact statement estimates the proposal to be low cost overall, but most impacts were not fully quantified.