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Following the publication of the decree of October 28, 2013, regarding the content of the application file for a specific decontamination and disposal plan for equipment containing PCBs, we would like to review the second PCB decontamination and disposal plan.
Implementation of a second national plan for the decontamination and disposal of equipment containing more than 50 ppm of PCBs
As a reminder, the first plan (approved by the decree of February 26, 2003) required holders of equipment containing more than 5 dm3 of fluid with a PCB content of at least 500 ppm to decontaminate or dispose of such equipment no later than December 31, 2010.
To account for the conclusion of this first national plan, Decree No. 2013-301 of April 10, 2013, introduces a new national plan for the decontamination and disposal of equipment containing PCBs. Articles R. 541-18 to R. 541-41 of the Environmental Code have been amended accordingly.
The framework
The equipment covered by this second plan includes any device containing more than 50 ppm of PCBs, including equipment that has undergone decontamination but where the replacement fluid contains more than 50 ppm.
This plan prohibits the possession of equipment containing more than 50 ppm of PCBs starting from:
- January 1, 2017, if the equipment was manufactured before January 1, 1976;
- January 1, 2020, if the equipment was manufactured between January 1, 1976, and January 1, 1981;
- January 1, 2023, if the equipment was manufactured after January 1, 1981.
The following new requirements should also be noted:
- any holder of equipment likely to contain PCBs is required to determine its content;
- holders who decontaminate their equipment must perform an analysis of the PCB content of the new fluid between 6 and 12 months after it is put back into service;
- Owners of equipment containing or potentially containing more than 5 dm3 of PCB-laden fluid must declare them on their website * (instead of to the departmental prefect);
- companies that process waste containing PCBs are no longer limited to authorized companies, but may also be ICPE facilities authorized to process them;
- facilities that have processed equipment containing more than 50 ppm of PCBs are required to issue a certificate attesting to the disposal of the equipment (a certificate attesting to decontamination must still be issued).
Note: equipment manufactured after June 18, 1994, is considered not to contain PCBs. Equipment manufactured after February 4, 1987, that is hermetically sealed, or for which it is demonstrated that no dielectric fluid containing an isomer mixture with CAS registry number 76253-60-6 was added before June 18, 1994, and that the equipment does not have a plate indicating "UGILEC-T," is considered free of PCB contamination.
Case of an owner with more than 150 pieces of equipment covered by this plan
This owner may organize the decontamination or disposal of their equipment according to a schedule different from the one above. To benefit from a "special plan," the owner must submit a request to the minister in charge of the environment. In particular, they must send a decontamination or disposal schedule for their equipment before January 1, 2014. This schedule must provide for the treatment of half of the equipment before January 1, 2020, and all equipment before December 31, 2025.
The decree of October 28, 2013, specifies the content of the application file for a special plan for equipment containing PCBs. Please note that any incomplete file will be rejected.
It also requires the owner of a special plan to produce and submit an annual progress report to the minister in charge of the environment, including the list of decontaminated and disposed-of equipment, and to update the national inventory of equipment containing or potentially containing PCBs and PCTs
* https://inventairepcb.ademe.fr/
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