On 23 December, 2023, Canadian Department of the Environment (DOE) made modifications to the PCB Regulations (the Regulations) and the Regulations Designating Regulatory Provisions for Purposes of Enforcement. DOE identifies the need to amend the Regulations to introduce necessary deferrals in some regulatory requirements.
What do PCBs refer to?
Polychlorinated biphenyls (PCBs) are extremely persistent in the environment and in human and animal tissues, posing a serious threat to human health and the environment. In view of its hazardous property, PCBs are listed in Part 1 of the Toxic Substances List in Annex 1 of the Canadian Environmental Protection Act, 1999 (CEPA). PCB Regulations have been amended to minimize exposure to PCBs and reduce releases to the atmosphere to protect human health and the environment.
As a result of the amendment to the Coal-fired Generation of Electricity Regulations, a number of coal-fired power plants using PCB-containing facilities will be closed between 2025 and 31 December 2029. As a result, the concerned operators have requested an extension of the phase-out period for PCB-containing equipment to coincide with the closure of the plants. The proposed amendment would allow power plants scheduled to close by 31 December 2029 to continue to use certain PCB-containing equipment, subject to official approval.
Furthermore, the Canadian Department of National Defense (DND) possesses several pieces of contain PCB-containing equipment, which are currently prohibited under regulations and must be decommissioned by a specific date. Due to the distinctive nature of military equipment and the associated asset disposal requirements, DND will require more time to dispose of the military equipment. The proposed amendments aim to provide exemptions for special cases of use and storage of military equipment. The amendment allows for the continued use and storage of equipment containing PCBs only if no suitable non-PCB alternatives are available. However, storage must be extended through a formal official application process.
Within 60 days of publication of this notice, stakeholders are welcomed to submit your comments on the proposed regulations to the relevant authorities.
