Guidance

Transformers containing PCBs: new rules - RPS 246

Published 20 May 2021

Applies to England

© Crown copyright 2021

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This publication is available at https://www.gov.uk/government/publications/transformers-containing-pcbs-new-rules-rps-246/transformers-containing-pcbs-new-rules-rps-246

This regulatory position statement (RPS) only applies to licensed electricity distribution network operators (DNOs).

We expect DNOs to comply in full with the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 (as amended: the ‘PCB Regulations’).

This includes all of the following:

  • assessing transformers to check if they contain (or you can reasonably assume them to contain) polychlorinated biphenyls (PCBs) (as defined in regulation 2(1))

  • decontaminating transformers, where appropriate, so that the content of PCBs in the fluid is 0.005% by weight, or less, or a total volume of 0.05dm3, or less

  • registering transformers with us if they contain more than 5dm3 of fluids containing PCBs and so are ‘contaminated equipment’ (as defined in regulation 2(1))

  • taking transformers out of use as soon as possible and before 31 December 2025, if you can reasonably assume the fluids contain more than 0.005% (but no more than 0.05%) by weight of PCBs, and a total volume of more than 0.05dm3 of PCBs

When this RPS applies

If you comply with the conditions in this RPS and can demonstrate, using statistical modelling, that the fluids in any of your transformers are statistically unlikely to contain more than 0.005% by weight of PCBs, or more than 0.05dm3 of PCBs, then you:

  • do not need to remove those transformers from service by 31 December 2025
  • can continue to hold them until the end of their useful life, at which point they must then be decontaminated or disposed of

In addition if you can demonstrate that any of your transformers is statistically unlikely to contain a total volume of 5dm3 or more of fluids containing PCBs, you:

  • do not need to register those transformers with us
  • can deregister those transformers already registered with us

This RPS does not apply to any other activity, even if it is under the same legislation. You may still need other permits, licences or approvals for other activities you carry out.

You must get written agreement from the Environment Agency before you use this RPS.

Conditions you must comply with

You must:

  • apply a statistical method that the Environment Agency has approved – for example, a sampling method in accordance with ISO 2859-1:1999(en) ‘Sampling procedures for inspection by attributes’
  • maintain all your transformers during their operational life to prevent them losing fluid
  • test all your transformers for PCBs at the end of their useful life, and destroy any PCBs when you dispose of them

You must keep records of:

  • each transformer you have determined you can lawfully hold beyond 2025 based on statistical modelling, and have deregistered (if it was registered)
  • test results you carry out when any such transformer reaches the end of its life

You must keep these records until the Environment Agency is satisfied that you have disposed of all your transformers. You must make these records available to the Environment Agency on request.

You must make sure your activities do not endanger human health or the environment. You must not:

  • cause a risk to water, air, soil, plants or animals
  • cause a nuisance through noise or odours
  • adversely affect the countryside or places of special interest

Enforcement

A RPS means that the Environment Agency will not normally take enforcement action against you provided:

  • your activity meets the description set out in this RPS
  • you comply with the conditions set out in this RPS
  • your activity does not, and is not likely to, cause environmental pollution or harm human health

If you operate under this RPS, but think you may no longer be able to comply with its conditions, you must tell the Environment Agency immediately.

The Environment Agency will monitor how operators use and comply with this RPS through its proportionate, risk-based inspection and monitoring activity.

When to check back

We will review and update this RPS no later than early 2026.

Contact the Environment Agency

You must have written agreement from the Environment Agency before you use this RPS.

Email: PCB-Enquiries@environment-agency.gov.uk

Put this wording in the title of your email:

‘Transformers containing PCBs: new rules RPS 246 – for action’.

For more information please call us on 03708 506 506.

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