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

2. 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

3. 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

4. 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

5. PCB Management in South Africa
The SANS Code 290:2007 has been developed
It identifies materials containing between 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

6. 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

7. 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

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

9. 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

10. Legislative Background

11. 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;

12. 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

13. 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

14. 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.

15. 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

16. 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

17. 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

18. 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

19. Thank You ---
Directorate: Hazardous Chemicals Management Ms Margaret Molefe T:(012) E: Ms Mangaka Mahlako T: (012) E: Ms Xoli Jila T: (012) E: