Amendments to the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 20002
1
The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 20003 are amended as follows.
2
In regulation 2(1), in the definition of “PCBs”, for “4(3) and (4), 5(3), 6(2) and 9(3)” substitute “4(3A), (3C) and (4), 5(3) and 9(3)”.
3
In regulation 4—
a
in paragraph (1), for “(2), (3)” substitute “(2) to (3D)”;
b
for paragraph (3), substitute—
3A
Paragraph (3B) applies to a transformer in respect of which it is reasonable to assume that the fluids contain—
a
0.005% by weight, or less, of PCBs; or
b
a total volume of 0.05dm3, or less, of PCBs.
3B
A transformer to which this paragraph applies—
a
may be held until the end of its useful life; and
b
must then be decontaminated in accordance with paragraph (4)(b) to (d), or disposed of, as soon as possible.
3C
Paragraph (3D) applies to a transformer in respect of which it is reasonable to assume that the fluids contain—
a
more than 0.005% but no more than 0.05% by weight of PCBs; and
b
a total volume of more than 0.05dm3 of PCBs.
3D
A transformer to which this paragraph applies—
a
may be held until the end of 31st December 2025; and
b
must then be decontaminated in accordance with paragraph (4)(b) to (d), or disposed of, as soon as possible.
c
in paragraph (4)(a), for “less than 0.05% by weight and, if possible, to no more than 0.005% by weight” substitute “0.005% by weight, or less, or a total volume of 0.05dm3, or less”;
d
in paragraph (9)—
i
in paragraph (a), for “(2), (3)” substitute “(2) to (3D)”;
ii
in paragraphs (b) and (c), for “not contaminated”, in both places it occurs, substitute “relevant”;
e
after paragraph (9) insert—
10
In paragraph (9), “relevant equipment” means any equipment (including any capacitor or receptacle containing residual stocks) which—
a
contains PCBs; or
b
having contained PCBs, has not been decontaminated,
other than one which contains a total volume of PCBs exceeding 0.05dm3.
11
For the purposes of paragraph (10)—
a
the PCB volume of a power capacitor shall be measured by reference to all of the separate elements of a combined set; and
b
any thing of a type which may contain PCBs shall be treated as containing PCBs unless it is reasonable to assume the contrary.
4
For regulation 5(3) substitute—
3
Equipment in respect of which it is reasonable to assume that the fluids contain—
a
0.005% by weight, or less, of PCBs; or
b
a total volume of 0.05dm3, or less, of PCBs,
may be labelled as “PCBs contaminated <0.005% or <0.05dm3.
5
Omit regulation 6(2)(b).
6
In regulation 10, in paragraph (1), for “(2), (3)” substitute “(2) to (3D)”.
7
For regulation 13(2)(c)(i), substitute—
ia
in a case to which paragraph (3A) of regulation 4 applies, as soon as possible after the end of its useful life;
ib
in a case to which paragraph (3C) of regulation 4 applies, as soon as possible after 31st December 2025;
8
In regulation 13A(1), in the table, for the entry relating to regulation 13(2)(c)(i) substitute—
regulation 13(2)(c)(ia)
Yes
Yes
No
Yes
regulation 13(2)(c)(ib)
Yes
Yes
No
Yes
9
In regulation 13B(1), in the table, for the entry relating to regulation 13(2)(c)(i) substitute—
regulation 13(2)(c)(ia)
Yes
Yes
No
Yes
regulation 13(2)(c)(ib)
Yes
Yes
No
Yes