BACKGROUND TO POLYCHLORINATED BIPHENYLS REGULATIONS (PCBs) WESTERN CAPE AMEU MEETING 15 August 2014

Presentation Outline Stockholm Conventions and its Obligations Background on Polychlorinated Biphenyls (PCBs) PCB Management in South Africa Development of Municipal PCB Inventory and phase-out plan Outcome of PCB Inventory Development in Western Cape Province PCB Regulation Roles and Responsibilities

Stockholm Convention & Its Obligations Main objective of Convention - to protect human health and the environment from Persistent Organic Pollutants (POPs) by controlling POPs or phasing them out POPs are a class of chemical pollutants that are do not degrade easily, (i.e. can still be found in soil, lakes, rivers, animals, humans long after they are used), can travel long distances. South Africa became a party to the Convention on 4 September 2002 and DEA is focal point and Designated National Authority The Convention lists chemicals as POPs and currently listed 23 chemicals as POPs (12 initially listed & 11 listed recently). PCBs are one of the initially listed POPs The Stockholm Convention’s obligations wrt PCBs: Phase out the use of Equipment containing more that 50ppm PCB by 2025 Dispose of PCB containing waste by 2028

Background on PCBs PCBs are a class of synthetic organic chemicals which are fire resistant and have high resistance to thermal breakdown Since the early 1930s PCBs have been widely used as dielectric fluids in electrical transformers and capacitors The worldwide production of PCB ceased in 1989 PCBs never produced in SA but PCB imported for use mainly in equipment used for electricity generation and distribution by: Main power utility Municipalities generating and distributing electricity Steel industry Mining industry Cement industry Transport Some municipalities licensed by NERSA to distribute electricity own & manage transformers and capacitors which could contain PCB oils

PCB Management in South Africa The SANS Code 290:2007 has been developed It identifies materials containing between 51-500 ppm as PCB contaminated, and …in excess of 500 ppm are regarded as PCB materials Import and export of PCBs is now banned through the Custom Excise Act (through SARS) Hazardous Substances Act (of Dept of Health) – list the PCBs as group II substances Regulations to phase-out PCBs currently being developed - approved by Minister 10 July 2014 Regulations oblige every PCB holder including municipalities to: Develop an inventory of PCB equipment Develop phase-out plans Phase-out the use by 2023 Dispose off resulting wastes by 2026

Development of Municipal Inventories and PCB Phase-Out Plans As a pro-active measure to assist municipalities to comply with sub-regulation 6(1) of the promulgated PCB Regulations: Re Submission of phase-out plans DEA appointed a consultant (Basia) to assist with development of PCB inventory for municipalities This was due to lack of capacity within the municipalities – ito finance and personnel to undertake activities associated with phasing out of PCBs However, very few municipalities provided required information e.g. Equipment’s PCB concentrations, date of manufacture, number of equipment, etc. Outcome of PCB inventory exercise in municipalities of Western Cape Province – next slide

Outcome of PCB Inventory: Western Cape Written notifications that the municipality is not in possession of PCB containing equipment were received from the following municipalities: Theewaterskloof Local Municipality Overstrand Local Municipality Breede Valley Local Municipality Langeberg Local Municipality The rest of the municipalities did not provide any data

REGULATIONS TO PHASE-OUT THE USE OF POLYCHLORINATED BIPHENYLS (PCB) MATERIALS AND (PCB) CONTAMINATED MATERIALS Regulation gazette No. 10232 of 10 July 2014

Presentation outline 1. Definitions 2. Purpose 3. Phase out timeframes 4. General prohibitions 5. Phase–out plans and inventories 6. Reporting 7. Offences and penalties

Legislative Background

1.Definitions “PCB free material” means oil or articles with PCB concentration less than 50 mg/kg “PCB contaminated material” means oil or articles with PCB concentration greater than 51mg/kg but less than 500mg/kg “PCB material” means oil or articles with PCB concentration greater than 500mg/kg “PCB holder” means a person who uses PCB materials, PCB contaminated materials;

2. Purpose To prescribe requirement for the phase-out of PCBs to minimise impacts on health, well-being, safety and environment Set time frames in which holders must have completely phased out the use and disposed of all resulting PCB waste The regulation is a tool to ensure compliance with obligations of the Stockholm Convention on Persistent Organic Pollutants

3. Phase out Timeframes The last year for any person to use any PCB materials or PCB contaminated materials is 2023 The last year for any person to have any PCB Materials or PCB contaminated materials or PCB waste in their possession is 2026 Provided that the holder registers (within 90days) with the Department and submit a phase-out plan that will be completed before the above time frames

4. General Prohibitions use, store, PCB materials or PCB contaminated materials; import or export PCB materials or PCB contaminated materials or PCB waste into or from the Republic of South Africa, sell PCB materials or PCB contaminated materials in South Africa.

5. Phase-out plans Any PCB holder must develop a phase-out Plan and submit it to the DG within a year (12 months) of the coming into effect of these Regulations Minimum content of the phase out plan name and contact details of the person submitting the plan registration number issued on registration a comprehensive inventory of PCB materials and PCB contaminated materials in use or stored; where applicable (i) the type of equipment; (ii) serial number; (iii) specific location; (iv) name of the manufacturer; (v) date of manufacture; (vi) type of dielectric fluid contained; (vii) fluid weight in (kg) or fluid volume in (L); and (viii) PCB concentration in (mg/kg). Phase-out plan must be approved by the DG and holders may only deviate from it on written approval by the DG

6. Reporting Registered PCB holders must submit audit report prepared by registered auditor to the DG on the second anniversary of the phase-out plan. The audit report must include the following as a minimum: name and details of the PCB holder or person submitting the report and confirmation of correctness of information supplied in the audit report; Progress made on the reduction targets; Audit report will be approved by the DG

Offences and Penalties A person who contravene any provision of the regulation will be liable to a fine not exceeding R1 million or to imprisonment for a period not exceeding one year or to both such fine and imprisonment

Role & Responsibilities Municipalities Comply with provisions of upcoming PCB Regulations Cooperate and support DEA’s initiative on PCBs Provide number of equipment requiring testing (containing or suspected to contain unknown concentration of PCBs Provide guidance on the selection of suitable and cost effective sampling options Option 1: Municipalities to use their man power to draw the samples Option 2: Testing laboratories to provide their own samplers Option 3: Appoint unemployed graduates of relevance residing within the municipality that will be paid by DEA Option 4: Companies responsible for maintenance of equipment to draw oil samples from the equipment DEA Inform municipalities on planned activities relating to PCB management Facilitate collaboration with municipalities for the purpose of the exercise Finance sampling and analysis of oils in equipment Consult municipalities to establish most suitable option for sampling and analysis Develop phase-out plans for the local municipalities

Thank You --- Directorate: Hazardous Chemicals Management Ms Margaret Molefe T:(012) 399 9845 E: smolefe@environment.gov.za Ms Mangaka Mahlako T: (012) 399 9850 E: mmahlako@environment.gov.za Ms Xoli Jila T: (012) 399 9849 E: xjila@environment.gov.za