Brazil prepares the ground for eliminating PCBs

On 26 April 2022, the Interministerial Ordinance from the Ministry of Environment and the Ministry of Mines and Energy No. 107/2022 was published, regulating the controlled elimination of polychlorinated biphenyls (PCB), approving the PCB Management Manual for electric equipment and implementing the National Inventory of PCB, within the scope of the National Information System on Solid Residues Management (SINIR).

This is one more measure to fulfill the goal of total elimination of PCBs by 2028, foreseen by the Stockholm Convention of 2001 and internalized in Brazil through Federal Decree No. 5,472/2005. The Interministerial Ordinance No. 107/2022 regulates Federal Law No. 14,250/2021, which reinforces what was already stated by Interministerial Ordinance No. 19/1981, prohibiting the production, use and commercialization of PCBs in the national territory, with the exception of electric system equipment already in use and which could continue in operation until its necessary deactivation. 

In order to prepare involved parties for compliance with the targets established in the Stockholm Convention, Law No. 14,250/2021 foresees that in up to three years after deactivation, the transformers, capacitors and other electric equipment contaminated by PCBs must have their final destination environmentally adequate, for the deadline of 2028 not to be exceeded. If the equipment is already deactivated, it must have a final destination within three years from the publication date of the law (26 November 2021).

Interministerial Ordinance No. 107/2022 establishes the deadline of 26 November 2024 for the sending of complete information about PCB inventory, in which will be classified and identified all the insulating oils in stock, the equipment in operation and stored, and residues with PCB content. This information must be updated every two years until 2029, with information referring to 2028.

The Law is applicable to all owners of PCBs or their residues, public or private legal entities, and to companies that hold electric equipment auctions.