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Regulation (2007:19) Concerning Pcbs Etc.

Original Language Title: Förordning (2007:19) om PCB m.m.

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General provisions



Article 1 this regulation lays down provisions relating to the control

over the presence and management of PCB products and on the

inventory, removal and disposal of PCB products and

products or equipment containing or contaminated with

PCB products.



For PCB products which are waste, there are provisions in the

Waste Regulation (2011:927) and Ordinance (2002:1060) on

waste incineration. Regulation (2011:1003).



paragraph 2 of the rules of this regulation only applies if

the corresponding provisions are not already apparent from



1. European Parliament and Council Regulation (EC) No 850/2004 of the

29 april 2004 on persistent organic pollutants and on

amending Directive 79/117/EEC,



2. European Parliament and Council Regulation (EC) No 1907/2006 of the

18 december 2006 concerning the registration, evaluation, authorisation

and restriction of chemicals (Reach), establishing a

European Chemicals Agency, amending Directive 1999/45/EC and

repealing Council Regulation (EEC) No 793/93 and

Commission Regulation (EC) No 1488/94 as well as Council directive

76/769/EEC and Commission directives 91/155/EEC, 93/67/EEC,

93/105/EC and 2000/21/EC,



3. European Parliament and Council Regulation (EC) no 689/2008 of the

on 17 June 2008 concerning the export and import of dangerous chemicals,

or



4. European Parliament and Council Regulation (EC) No 1013/2006 of the

14 June 2006 on shipments of waste. Regulation (2011:44).



Definitions



3 § With PCB product referred to in this regulation



1. polychlorinated biphenyls (PCB),



2. polychlorinated terphenyls (PCT),



3. monometyltetraklordifenylmetan,



4. monometyldiklordifenylmetan,



5. monometyldibromdifenylmetan,



6. each blend with a total content of topics 1-5 of more than

0.0050% (50 ppm by weight), and



7. insulating liquids with a maximum concentration of PCBS in excess of 0.0002

% (2 weight-ppm).



4 section With the PCB to be referred to in this regulation cover a PCB product and

each item or equipment containing, having contained

or has been treated with a PCB-product.



Transformers, capacitors and containers with residues of PCBS-

products are examples of equipment referred to in the first

paragraph.



section 5 of an item or equipment are such that the

can be assumed to contain or have contained a PCB product shall

for the purposes of this regulation, be regarded as a PCB-be, if

It does not in the circumstances of the individual case

There are acceptable reasons for a different assessment.



section 6 With the decontamination referred to in this regulation all measures

that makes the equipment, material or liquid substances

contaminated by PCB product can be reused, recycled, or

disposed of under safe conditions. Decontamination can

involve the exchange of fluids by a liquid that is a PCB

product is being replaced with a suitable fluid is not a PCB

product.



Prohibition of and conditions for specific handling



paragraph 7 of a PCB-be must not are produced, processed, marketed,

transferable for use or reuse.



A PCB-be may not be imported from or exported to

countries not members of the European Union.



The environmental protection agency, in each case decide how a

be imported in violation of this Regulation shall

are handled.



A PCB-to be used for laboratory research or

as the reference standard may be exempted from the prohibitions provided for in the first and

other paragraphs. Regulation (2010:963).



section 8 a transformer or a capacitor that has higher

effect than two kilovoltampere (reactive) must not be used if

It contains a PCB product.



8 a of the Swedish environmental protection agency in the particular case give dispensation

from the prohibition in section 8, if there are special reasons and exemption

is compatible with Council Directive 96/59/EC of 16 september

1996 on the disposal of polychlorinated biphenyls and

polychlorinated terphenyls (PCB/PCT), as amended by:

European Parliament and Council Regulation (EC) no 596/2009.

Regulation (2011:691).



§ 9 a transformer may not be replenished with a PCB-product.



section 10 A PCB must be kept as separate from all

flammable substances that fire risk is avoided.



Investigation and notification requirements



section 11 of The holding a piece of equipment that contains or can

expected to contain more than five ureters PCB product shall

immediately notify the environmental protection agency. For an electric

capacitor shall limit five ureters PCB product

deemed to include the sum of the different elements of a

complete unit.



The one who is obliged to notify shall also notify each

change in its shareholding to the environmental protection agency.



section 12 of a notification under section 11 shall indicate:



1. the name and address of the holder,



2. the place where the equipment is available as well as a description of

the equipment,



3. the quantity of PCB product contained in the equipment,



4. the date and type of planned or ongoing action such as

Exchange, treatment or decontamination, and



5. date of the certificate issued for the equipment.



section 13 of the environmental protection agency may provide for



1. when a piece of equipment shall be assumed to contain more than five

ureters, PCB product,



2. obligation to examine the presence of PCB product in

equipment which is likely to contain such a product, and



3. fulfilment of the obligation to notify as referred to in paragraphs 11 and 12.



Decontamination



section 14 of the holder of the equipment covered by

notification according to § 11 shall immediately ensure that

the equipment is decontaminated in the manner permitted by section 15.

Regulation (2011:691).



14 a of the Swedish environmental protection agency in the particular case give dispensation

from dekontamineringskravet in section 14, if there are special

reasons and the exemption is consistent with Council Directive 96/59/EC.

Regulation (2011:691).



15 § equipment subject to notification requirements under section 11

must be decontaminated by the PCB product available in

the equipment is replaced, if



1. the purpose of the change is that in the PCB product available in

the equipment reduce the concentration of the substances listed in paragraph 3 of the 1-5

to less than 0.0002% (2 weight-ppm) in the case of

insulating oil and 0.0050% (50 ppm by weight) in the case

If a different PCB product,



2. the replacement product is not a PCB product before the change,



3. the switch results in noticeably less risks,



4. the change does not prevent later disposal of PCB products,

and



5. the change is authorized to decontaminate PCB-

goods.



The environmental protection agency may announce details relating to the

decontamination. Questions about permission to decontaminate PCB-

products are tested by the environmental protection agency.



section 15 (a) in a case where permission under section 15 shall

The environmental protection agency to decide on the matter within six months from the

a complete application came in to the Office. If it is

necessary because of the investigation of the case, only time

extended. Such extension shall not be made more than once

in the case. The extension may not be for more than two months

In addition to the original six months. The applicant shall be informed

on the extension and the reasons for it before the original

the deadline has expired.



Provisions relating to acknowledgement of receipt should be sent to

the applicant when a complete application has been submitted and if

the contents of such a proof can be found in section 8 of the Act (2009:1079)

on services in the internal market. Regulation (2010:50).



Inventory and removal of PCB products in buildings and

plants



section 16 of the owner of a building or other facility where

Joint compound or slip-resistant floor mass may have been used by

construction or renovation in the years 1956-1973 shall examine whether

Grouting floor mass is a PCB product.



The owner shall, not later than 30 June 2008 to the supervisory authority

account to which inventory steps that have been taken and indicate

What measures are envisaged to ensure that

occurring PCB product, when it becomes waste, sorted out and

be handled as hazardous waste.



section 17 of the owner of a building or facility where sealants

or slip-resistant floor mass was used in the construction or

renovation and where the concentration of such PCB products listed in

3 § 1 – 5 amounts to more than 0.0500% by weight (500 ppm by weight),

to ensure that the mass is removed later



1. on June 30, 2014, if the building or facility has

constructed or renovated at some point during the years 1956-1969

subject to 2 or 3,



2. on 30 June 2016, unless



a) mass is in an industrial building constructed or

renovated at some point during the years 1956-1973,



b) building or facility has been built or renovated

sometime during the years 1970-1973, or



c) mass has been used indoors, or



3. in connection with the renovation, conversion or demolition, if

mass has been used to replace a PCB product which has

removed from the end of 1998.



With industrial building referred to in the first paragraph, a building that is

divided as industrial building under real estate tax law

(1979:1152). Regulation (2010:963).



section 17 (a) the owner of a building or facility that

contains sealant or slip-resistant floor mass in which the concentration of

such PCB products referred to in paragraph 3 of the 1 – 5 amounts to 0.0050 –

0.0500% by weight (50 – 500 ppm by weight), to ensure that the mass

removed later in connection with the renovation, conversion or

demolition. Regulation (2010:963).



17 section 17 b of the supervisory authority may Nevertheless admit that sealants

or slip-resistant floor mass is removed at a later date,

If



1. a remodeling, renovation or demolition is planned during the

next few years,



2. mass are very difficult,




3. it is necessary that an essential public services

should not be hampered in a significant way, or



4. There are other special reasons.



The supervisory authority shall, in conjunction with an exemption decision

under the first paragraph shall submit to the building or

the plant's owners to remove mass recently at a certain

time that the authority shall specify in the notice.

Authority shall send the notice to the

Land Registry Department of the entry in the land register

in accordance with chapter 26. section 15 of the environmental code. Regulation (2010:963).



section 18 Before a measure under 17, 17A or 17 b § taken shall

the owner must notify the measure to the supervisory authority. The notification shall

contain the information which the supervisory authority need

to assess the measure's effect on human health and the environment.

The notification shall be made not later than three weeks before the operation is started.

Regulation (2010:963).



Article 19 the provisions of §§ 16-18 shall not apply to those

one-and two-dwelling buildings and related complementary buildings

owned by individuals or estates, which are classified

According to the tax law, which houses real estate (1979:1152).



section 20 of the environmental protection agency may provide for how a PCB

product shall be removed.



Disposal



section 21 of a PCB-be is waste shall immediately be submitted for

waste disposal according to the Regulation (2011:927).



At the disposal of a PCB-be, only the

disposal operations are applied as in annex 3 to the

waste regulation is denoted D 9 and D 10.



Provisions on combustion, see Regulation (2002:1060) on

waste incineration. That which is prescribed where the PCBs are also

apply in the case of PCB products. Other

disposal operations may be applied only if they are in

comparison with incineration have similar environmental

safety requirements and comply with the qualified technical requirements with the best

possible technology. Regulation (2011:1003).



section 22 of the environmental protection agency may announce details relating to the

application of recovery procedures.



section 23 of the one who disposes of PCB goods shall keep a register of

the PCB goods disposed of. The registry shall designate the amount,

origin, nature and content of PCB product. The register shall

be available to the public.



The one who disposes of PCB goods shall issue an acknowledgement of receipt

for the PCB goods accepted for disposal. Of proof should

the quantity of the goods received, the nature and content of PCB product

emerge. The proof must be submitted to the who delivered the goods for

disposal.



The first and second subparagraphs shall not apply, if the corresponding

obligations flowing from the waste regulations (2011:927) or by

regulations issued pursuant to that regulation

or the equivalent older regulations. Regulation (2011:1003).



section 24 of the one who has received the goods in accordance with the PCB disposal

This Regulation shall ensure that the products are obtained without

delay.



Labelling



section 25 of the holder of a PCB-be shall ensure that it is

clearly marked indicating that it contains a PCB

product. Marking shall be



1. directly on the product, and



2. directly on the product's packaging or other packaging that

the product is packed in, or



3. if labelling in accordance with 1 and 2 is not possible in view of the

the practical implementation or the costs of labelling,

in such a connection to the product that the marking is clearly visible

for it to repair, replace, or remove the item.



If a PCB-be subject to notification requirements under section 11 shall

even the doors of the premises where the equipment is stored may be

tagged with an indication that there is a PCB product.



The first and second paragraphs do not apply joint compound or

slip-resistant floor mass that has been used in buildings or

plants. Regulation (2010:963).



section 26 After a change referred to in section 15, the equipment must be

marked as set out in the annex to this regulation.



Supervision, responsibility and appeals



section 27 of the Regulations on supervision, see chapter 26. the environmental code and the

environmental protection Regulation (2011:13). Provisions on the

operational supervisory responsibilities associated with this regulation

see chapter 26. the third subparagraph of paragraph 3 of the environmental code, and Chapter 2. 4

and 29 to 32 §§ environmental protection regulation.



Provisions on fees can be found in the Ordinance (1998:940) if

fees for the examination and supervision under the Environment Act.

Regulation (2011:44).



section 28 in chapter 29. Environment Act lays down rules on the penalties and

confiscation.



section 29 of chapter 19. section 1 the Environment Act contains provisions on

appeal.



A decision on extended turnaround time under section 15,

not subject to appeal. Regulation (2010:50).



Update of certain tasks



section 30 of the environmental protection agency must ensure that there is



1. lists of equipment covered by

notification requirements under section 11 and the information referred to in

section 12,



2. a plan for the decontamination and disposal of equipment

listed under 1 and of the PCB product

the equipment contains, and



3. an action programme for the collection and subsequent disposal of

such PCB goods not subject to the reporting obligation pursuant to

11.



The environmental protection agency must periodically update such

lists referred to in the first subparagraph 1.



Transitional provisions



2010:50



This Regulation shall enter into force on 1 april 2010 and

applied only in the case of applications that have been received

to the environmental protection agency after the entry into force.



Annex



Labelling of decontaminated equipment referred to in section 26



Each subject in the decontaminated equipment must be clearly

be marked with permanent text in Swedish, which shall be drawn up in accordance with

the following.



DECONTAMINATED EQUIPMENT



THAT CONTAINED PCBS



Fluid having contained PCBS has been replaced:



- med................. (name of the substitute)



- den................. (date)



- av................... (companies).



Concentration of PCBs in



-the old fluid...........%



-the new fluid..............