PCB Regulations (SOR/2008-273)

Marginal note:Liquids for servicing — concentration less than 2 mg/kg

• 15 (1) A person may use liquids containing PCBs in a concentration of less than 2 mg/kg for the purpose of servicing equipment containing PCBs.

• Marginal note:Liquids for servicing — concentration of 500 mg/kg or more

  (2) A person may use liquids containing PCBs in a concentration of 500 mg/kg or more for the purpose of servicing equipment containing PCBs in a concentration of 500 mg/kg or more until December 31, 2009.

End-of-use dates and Extension

Marginal note:Equipment — subparagraphs 14(1)(d)(i) to (iii)

• 16 (1) Subject to subsections (2) and (2.1), a person may use the equipment referred to in subparagraphs 14(1)(d)(i) to (iii) until the following dates if the equipment is in use on September 5, 2008:

  • (a) in the case of equipment containing PCBs in a concentration of 500 mg/kg or more, December 31, 2009; and

  • (b) in the case of equipment containing PCBs in a concentration of at least 50 mg/kg but less than 500 mg/kg,

    • (i) December 31, 2009, if the equipment is located at a drinking water treatment plant or food or feed processing plant, in a child care facility, preschool, primary school, secondary school, hospital or senior citizens’ care facility or on the property on which the plant or facility is located and within 100 m of it, and

    • (ii) December 31, 2025, if the equipment is located at any other place.

• Marginal note:Light ballasts and pole-top electrical transformers

  (2) A person may use the following equipment containing PCBs in a concentration of 50 mg/kg or more until December 31, 2025, if the equipment is in use on September 5, 2008:

  • (a) light ballasts; and

  • (b) pole-top electrical transformers and their pole-top auxiliary electrical equipment.

• Marginal note:Current transformers and other equipment

  (2.1) A person may, from January 1, 2015 until December 31, 2025, use any current transformers, potential transformers, circuit breakers, reclosers and bushings that are located at an electrical generation, transmission or distribution facility and contain PCBs in a concentration of 500 mg/kg or more if that equipment is in use on September 5, 2008.

• Marginal note:Liquid — authorized concentration

  (3) A person may use a liquid containing PCBs in a concentration of 2 mg/kg or more but less than 50 mg/kg in equipment until the day on which the liquid is removed from the equipment.

Marginal note:Extension of end-of-use date

• 17 (1) Despite subsection 15(2), paragraph 16(1)(a) and subparagraph 16(1)(b)(i), a person may use the equipment and the liquids used for servicing that equipment, referred to in those provisions, until the date set out in an extension granted by the Minister under subsection (2) for that equipment and those liquids.

• Marginal note:Application

  (2) The Minister shall, on receiving a written application containing the information set out in subsection (3), grant an extension up to the date applied for but no later than December 31, 2014, if either of the following conditions are met:

  • (a) the equipment is being replaced with equipment that is engineered to order, and

    • (i) it is not technically feasible to replace the equipment on or before December 31, 2009,

    • (ii) the applicant is taking all necessary measures to minimize or eliminate any harmful effect of the PCBs in the equipment on the environment and on human health,

    • (iii) a plan has been prepared, along with timelines, to end the use of the equipment by the date applied for,

    • (iv) a plan has been prepared for inspecting the equipment on a monthly basis for the period of the extension for damage that could lead to the release of PCBs, and

    • (v) the equipment bears the label required under section 29; or

  • (b) the equipment is located at a facility that is scheduled for permanent closure on or before December 31, 2014, and

    • (i) the applicant is taking all necessary measures to minimize or eliminate any harmful effect of the PCBs in the equipment on the environment and on human health,

    • (ii) a plan has been prepared, along with timelines, to end the use of the equipment by the date applied for,

    • (iii) a plan has been prepared for inspecting the equipment on a monthly basis, for the period of the extension, for damage that could lead to the release of PCBs, and

    • (iv) the equipment bears the label required under section 29.

• Marginal note:Information

  (3) The application shall contain the following:

  • (a) the name, civic and mailing addresses, telephone number, fax number, if any, and e-mail address, if any, of the applicant and of any person authorized to act on the applicant’s behalf;

  • (b) a technical description of the equipment which is the subject of the application, including

    • (i) the type and function of the equipment,

    • (ii) the quantity of liquid containing PCBs that is in the equipment and the quantity of liquid needed for servicing that equipment, expressed in litres,

    • (iii) the concentration of PCBs in the liquid, expressed in milligrams of PCBs per kilogram of liquid,

    • (iv) the quantity of PCBs in the liquid that is in the equipment, expressed in kilograms, and

    • (v) the name-plate description, if any, and the manufacturer’s serial number, if any;

  • (c) the unique identification number that is on the label required under section 29;

  • (d) the name, if any, and civic address of the facility where the equipment is located, or, if there is no civic address, the location using the owner’s site identification system, and the function and technical description of the facility;

  • (e) information demonstrating that

    • (i) it is not technically feasible to replace the equipment on or before December 31, 2009, or

    • (ii) the facility where the equipment is located is scheduled for permanent closure on or before December 31, 2014;

  • (f) information demonstrating that the applicant is taking all necessary measures to minimize or eliminate any harmful effect of the PCBs that are contained in the equipment on the environment and on human health;

  • (g) the plan, along with timelines, for ending the use of the equipment; and

  • (h) the plan for inspecting the equipment.

• Marginal note:Notice of change to information

  (4) The applicant shall notify the Minister in writing of any change to the information provided under subsection (3) within 30 days after the day on which the change occurs.

• Marginal note:False or misleading information

  (5) The Minister shall refuse to grant an extension if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of its application.

• Marginal note:Revocation

  (6) The Minister shall revoke the extension if

  • (a) the requirements set out in subsection (2) are no longer met during the period of the extension; or

  • (b) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information to the Minister in support of its application.

• Marginal note:Reasons for revocation

  (7) The Minister shall not revoke the extension unless the Minister provides the applicant with

  • (a) written reasons for the revocation; and

  • (b) an opportunity to be heard, by written representation, in respect of the revocation.

PART 3Storage

Marginal note:Application — concentration of 50 mg/kg or more

• 18 (1) Subject to subsection (3), this Part applies to all solids and liquids containing PCBs in a concentration of 50 mg/kg or more that are located at a particular site if the liquids or solids are present in a quantity greater than or equal to

  • (a) 100 L, in the case of liquids; and

  • (b) 100 kg, in the case of solids.

• Marginal note:Application — quantity of 1 kg or more

  (2) Subject to subsection (3), this Part also applies to all solids and liquids containing PCBs in a concentration of 50 mg/kg or more that are located at a particular site in a quantity of less than 100 L, in the case of liquids, and 100 kg, in the case of solids, if the total quantity of PCBs contained in the liquids or the solids or in the liquids and solids combined, determined in accordance with the following formulas, as applicable, is 1 kg or more:

  • (a) in the case of liquids,

    Σ((V × D × C)) ÷ 1 000 000

    where

    V

    is the volume of each liquid containing PCBs in a given concentration, expressed in L,

    D

    is the density of PCBs in each liquid as follows:

    • (i) 0.9 kg/L, if the concentration of PCBs in the liquid is less than 10 000 mg/kg, and

    • (ii) 1.5 kg/L, if the concentration of PCBs in the liquid is 10 000 mg/kg or more, and

    C

    is the concentration of PCBs in each liquid, expressed in mg/kg; and

  • (b) in the case of solids,

    Σ((M × C)) ÷ 1 000 000

    where

    M

    is the weight of each solid containing PCBs in a given concentration, expressed in kg, and

    C

    is the concentration of PCBs in each solid, expressed in mg/kg.

• Marginal note:Non-application

  (3) This Part does not apply in respect of the following products containing PCBs:

  • (a) solid or liquid products that are processed daily or used;

  • (b) pipelines that transport natural gas, petroleum or petroleum products, and any associated equipment that is in contact with the natural gas, petroleum or petroleum products, if they remain in place on September 5, 2008; and

  • (c) cables, if they remain in place on September 5, 2008.

Marginal note:Requirement to store

• 19 (1) A person who owns, controls or possesses PCBs or products containing PCBs shall, within 30 days after the day on which those PCBs or products cease to be processed daily or used or after September 5, 2008, whichever is later, either

  • (a) send them for destruction to an authorized facility that is authorized for that purpose; or

  • (b) store them at a PCB storage site for the period during which they are not processed daily or used.

• Marginal note:Remote from or no access to roadway

  (2) Despite subsection (1), if the PCBs or products containing PCBs are remote from a roadway system or if there is no access to a roadway system, the person who owns, controls or possesses the PCBs or products may store them at a PCB storage site as soon as feasible but no later than one year after the day on which they are not processed daily or used or one year after September 5, 2008, whichever is later. That person shall use best management practices for them from the time that they cease to be processed daily or used until the time that they are stored at a PCB storage site.

Marginal note:Prohibition against storage

• 20 (1) Effective September 5, 2009, no person shall store PCBs or products containing PCBs at the following plants or facilities or on the land on which those plants or facilities are located and within 100 m of them:

  • (a) a drinking water treatment plant or a food or feed processing plant; or

  • (b) a child care facility, preschool, primary school, secondary school, hospital, or senior citizens’ care facility.

• Marginal note:Light ballasts

  (2) Subsection (1) does not apply to light ballasts.

Marginal note:Maximum storage periods

• 21 (1) Despite any other provision in these Regulations and subject to section 22, no person shall store PCBs or products containing PCBs, other than those referred to in section 23, beyond the following time limits:

  • (a) one year, beginning on the day on which their use is no longer permitted under these Regulations or the day on which they are no longer processed daily or used, whichever is sooner, if the PCBs or products are stored at a facility that is not referred to in paragraph (1)(b) or (c);

  • (b) one year, if the PCBs or products are stored at an authorized facility that is a transfer site; and

  • (c) two years, if the PCBs or products are stored at an authorized facility that is authorized to destroy them.

• Marginal note:Transfer sites

  (2) If the PCBs or products containing PCBs are sent from one transfer site to another, the period referred to in paragraph (1)(b) begins when they are received at the first transfer site.

• Marginal note:Destruction

  (3) The owner or operator of the facility referred to in paragraph (1)(a) or (b) shall send the PCBs or products containing PCBs for destruction to an authorized facility that is authorized for that purpose within the time limit set out in those paragraphs.