New regulations phasing out the use in Scotland of toxic materials known to pose a risk to the environment and human health came into force on 8 May 2000, SEPA announced today. The toxic materials include Polychlorinated Biphenyls and Polychlorinated Terphenyls (PCBs).

Holders of equipment containing PCBs will be legally required to register their holdings with the Scottish Environment Protection Agency (SEPA), label the equipment and phase out and safely dispose of significant PCB holdings.

Registration must be complete by 31 July 2000, and the deadline for disposal of significant PCB holdings is 31 December 2000. Exemptions will allow certain specified equipment to be held until the end of their useful life. Fines of up to £5,000 and/or prison sentences of up to two years could be imposed on those found guilty of breaching the regulations.

Applications to register must be made on the application form, which is available from SEPA offices, although certain information can be submitted electronically. SEPA has fixed charges for the service provided in the course of carrying out functions in connection with these regulations, including charges for holders registering their holdings. These charges must accompany the application form.

PCBs are recognised as a threat to the environment due to their toxicity, persistence and tendency to accumulate in the bodies of animals. The use of PCBs has been progressively restricted since the 1970s. In 1986 their sale and use in new plant and equipment was banned in the UK.

1. The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000 provide for the phasing out and safe disposal of identifiable PCBs and certain other, specified, PCB substitutes, along with associated equipment. They give effect to EU Directive 96/59/EC, in relation to the registration, decontamination and disposal of PCBs, as well as the preparation of inventories, labelling and monitoring.
   
   
2. The regulations cover the following substances:
   
   
   • polychlorinated biphenyls;
     
   • polychlorinated terphenyls;
     
   • monomethyl-dibromo-diphenyl methane;
     
   • monomethyl-dichloro-diphenyl methane;
     
   • monomethyl-tetrachlorodiphenyl methane.
     
     
3. The Directive sets a target date of 2010 for the phasing out and disposal of identifiable PCBs, subject to certain specified equipment, which can be held until the end of their useful life. These derogations are reflected in the Regulations. There is also provision for special time limited directions, subject to the approval of SEPA and Scottish Ministers, where major replacement programmes are already underway.
   
   
4. SEPA has issued external guidance, and notes on completing the application form. These are available on the SEPA website - click here. Website address is www.sepa.org.uk
   
   
5. Copies of the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000 (SI 2000 No. 95) are available from The Stationery Office Bookshops.