Phasing out of PCBs

Regulations to phase-out the use of polychlorinated biphenyls (PCB) materials and PCB contaminated materials under section 44(1) of the National Environmental Management Act (107 of 1998), were published in July 2014 and came into immediate effect.

PCB is the common name attributed to polychlorinated biphenyls, a group of aromatic chlorinated compounds. There are 209 possible PCB compounds, with one to ten chlorine atoms per molecule. They are clear, pale yellow, liquid, viscous or solid products, their consistency increasing with their chlorination percentage.

PCBs were first synthesised in 1864 and have been commercially produced and sold as non-flammable oils in electric transformers and condensers form from around 1929. It is estimated that approximately one million tons of PCBs have been produced worldwide. The main properties of PCBs that account for their use in the production of a variety of items are low solubility in water, miscibility with organic solvents and polymers, high dielectric constant, chemical stability, high boiling points, low vapour pressure, thermostability and flame resistance. These characteristics have led to their widespread use in a variety of industrial, commercial and domestic applications. 

In people occupationally exposed to PCBs a broad spectrum of adverse health effects have been reported, which may be explained by the induction or inhibition of the activity of a large number of enzymes which upset quantitatively normal biological processes. Adverse health effects reported, include skin and mucous membrane changes, irritation of the upper respiratory tract, digestive and neurological symptoms, as well as biological effects. The carcinogenicity of PCBs was shown in animals, experimentally exposed.

Consequently the scope of the Regulations may be wide and far reaching for industry. Some of the industries that may be affected include the primary sources of PCBs when used as an insulator, coolant and fire resistant material, as well as facilities that use, store and service electrical equipment such as electrical transmission and distribution facilities, rail yards, manufacturing industries such as paper mills and metal refining. It may also affect industry where it is used in electrical transformers and power factor correction capacitors in electrical distribution systems of manufacturing facilities and commercial buildings. PCBs may also be found in fluorescent light ballasts manufactured prior to 1979, in motor start / run capacitors, heat transfer fluids, hydraulic fluids, vacuum pumps, switches, voltage regulator, liquid filled electrical cables, liquid filled circuit breakers and so industries who use these may be under an obligation to register as PCB Holder in terms of the Regulations.

PCBs may also be generated by industry during manufacturing. This is typically in processes which involve chlorine, hydrocarbons,  and heat, such as in agricultural chemicals.

PCB materials has a long service life and may therefore be found in waste and recycling operations and consequently the industries potentially affected could include scrap metal recycling, as well as auto salvage yards where hydraulic fluids, used oil and capacitors can be found. PCBs may also be found in effluent, especially from the chemical and pesticide industry, paper mills and electric power generation facilities.

PCBs released into the environment do not break down and are capable of travelling long distances and continue to pose risks to human health and the environment. It is therefore important to remove them and dispose of them in an ethical manner.

The Regulations prescribe the requirements for the phasing out of the use of PCB materials and materials that have been polluted by PCBs and set timeframes within which this must be achieved.

The Regulations define a PCB Holder as a person who uses or stores PCBs or PCB contaminated materials. The PCB materials or PCB contaminated materials contemplated in the regulations refer only to oil or articles with a PCB concentration that is greater than 50 mg/kg. A holder of PCBs or PCB contaminated materials with a concentration less than 50 mg/kg is not governed by the Regulations.

In terms of the Regulations, the use of PCBs and PCBs contaminated materials must phased out by the year 2023, with an additional three years provided during which the holders of PCBs  have to dispose of their PCB materials, PCB contaminated materials and PCB waste in their possession.

A person who possesses equipment or materials that contain PCBs of more than 50 mg/kg must register with the Director-General as a PCB Holder and receive a registration number. A registered PCB Holder must develop a phase-out plan and must submit the plan to the Director-General two yearly. Once approved, the PCB Holder must implement the phase-out plan and may only deviate from such a plan upon written approval from the Director-General.

In addition a PCB Holder must draw samples from all articles containing PCB and have them tested by an Accredited Laboratory in accordance with SANS 290, the results of which must be kept until 2023. All articles must in addition be labelled in accordance with SANS 290.

Failure to comply with the obligations imposed in the Regulations will result in a fine or to imprisonment or to both.

AirCHECK can assist your company in the compilation of an inventory of PCBs, the development of a phase-out plan for the use of PCBs and provide guidance on the management of PCBs at their premises.