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Hazardous Waste

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Title: Hazardous Waste


1
Hazardous Waste Toxic Chemical Export
  • A Brief Overview In International Environmental
    Law

2
Sources of Hazardous Wastes
3
United States Regulations
  • Title 40 Protection Of Environment
  • Part 262 Standards Applicable To Generators Of
    Hazardous Waste
  • Part 707 -- Chemical Imports And Exports
  • Title 49 Transportation
  • Parts 100 185 Hazardous Materials

4
United States Regulations
  • Developed to conform to UN treaty obligations
    under the Organization for Economic Co-operation
    and Development (OECD).
  • Regulations require registration with and
    certification by the EPA of all hazardous waste
    shipments into and out of the U.S. to and from
    OECD member countries.
  • Hazardous waste transfer requires coordination
    with U.S. embassies in source, destination, and
    transit countries.
  • Hazardous waste transporters are required to
  • Register with the DOT.
  • Disclose the ultimate fate of transported waste
    to the EPA.

5
United States Regulations Enforcement
  • Under 107.301 the Administrator of the Research
    and Special Programs Administration, the
    Associate Administrator for Hazardous Materials
    Safety and the Office of the Chief Counsel
    exercise authority for enforcement of the Federal
    hazardous material transportation law.
  • They may
  • Issue a warning letter ( 107.309)
  • Initiate proceedings to assess a civil penalty,
    ( 107.310 107.311)
  • Issue an order directing compliance
  • Seek any other remedy available under the law.

6
United States Regulations Enforcement
  • For violations that do not have a direct or
    substantial impact on safety, the Associate
    Administrator may issue a ticket, which includes
  • Statement of facts.
  • Imposition of a monetary penalty.
  • In response to any notice of a probable action,
    the accused may request a hearing in front of an
    Administrative Law Judge (ALJ).
  • For violations of Hazardous Waste Regulations, a
    civil penalty of not more than 32,500 and not
    less than 275 may be imposed for each
    violation.
  • When the violation is a continuing one, each day
    of the violation constitutes a separate offense.

7
United States Regulations Enforcement
  • Criminal penalties include fines, imprisonment
    for not more than 5 years, or both.
  • The Office of the Chief Counsel may file for
    injunctive relief if there is a substantial
    likelihood that death, serious illness, or severe
    personal injury will result from the
    transportation of a particular hazardous material

8
Federal Agencies Charged with Enforcing
Regulations
  • Environmental Protection Agency
  • Department of Energy
  • Office of Environmental Management
  • Department of Transportation
  • Federal Motor Carrier Safety Administration
  • Department of Homeland Security
  • Customs and Border Protection
  • U.S. Coast Guard

9
Environmental Protection Agency
  • Develops environmental regulations for all
    federal agencies.
  • Partners with relevant agencies for specific
    expertise in particular areas (DOE, DOT) or for
    assistance in enforcement (Customs, Coast Guard)

10
Department of Energy Activities
  • Office of Environmental Management
  • Assists federal, state, tribal and local
    authorities to prepare for response to a
    transportation incident involving DOE shipments
    of radioactive material.
  • Acceptance of Spent Nuclear Fuel from Research
    Reactors in Foreign Counties.
  • Based on the Policy of Nuclear Nonproliferation.
  • Developed in conjunction with the Dept. of State.
  • DOE pays up to 4,500 per kilogram of spent
    nuclear fuel.

11
Department of Energy Activities
12
Department of Transportation Activities
  • Enforces safety regulations for transportation of
    hazardous materials within and through the U.S.
  • Enforces safety regulations imposed by NAFTA
    agreements.

13
Department of Homeland Security
  • U.S. Customs and Border Protection
  • Clean Air Act Importation of refrigerants
    containing Chlorofluorcarbons
  • Hazardous waste without EPA documents
  • Enforces regulations restricting import and
    export of special nuclear material, atomic
    weapons and byproduct material.
  • U.S. Coast Guard
  • Inspects seagoing vessels for violations
    hazardous and nuclear waste regulations.

14
International Efforts to Control Transboundary
Movements of Hazardous Waste
  • The Road to Basel and Beyond

15
European Community
  • 1975 Council Directive on General Principles of
    Waste Disposal
  • 1978 Directive on Toxic and Dangerous Wastes
  • 1984 Council Directive in the Supervision and
    Control Within the European Community of the
    Transfer Shipments of Hazardous Wastes
  • 1993 Counsel Regulation on the Supervision and
    Control of Shipments and Waste Within, Into and
    Out of the EC

16
Organization of Economic Cooperation and
Development (OECD)
  • 25 members represent the major exporters of
    hazardous waste
  • Australia, Austria, Belgium, Canada, Denmark,
    Finland, France, Germany, Greece, Iceland,
    Ireland, Italy, Japan, Luxembourg, Mexico, the
    Netherlands, New Zealand, Norway, Portugal,
    Spain, Sweden, Switzerland, Turkey, the United
    Kingdom, and the United States.

17
OECD Activities Concerning Transboundary
Movements of Hazardous Waste
  • 1984 Decision and Recommendation of the Council
    in Transfrontier Movements of Hazardous Waste
  • 1986 Council Decision-Recommendation on Exports
    of Hazardous Waste from the OECD Area

18
Organization of African States (OAS)
  • 1991 Bamako Convention on the Import into Africa
    of and the Control of Transboundary Movement and
    Management of Hazardous Wastes within Africa
    (Bamako Convention)
  • Requires the countries to immediately prohibit
    all imports of hazardous waste into African
    nations.
  • Permits movements of hazardous waste among
    African states pursuant to notice and informed
    consent requirements

19
The Convention on Lome IV
  • During the Lome IV negotiations in 1989, the EC
    and sixty-eight countries from Africa, the
    Caribbean, and the Pacific Region (ACP countries)
    agreed to completely ban waste exports from EC to
    ACP countries.
  • Adopted the Basel Conventions definitions and
    categories of hazardous waste

20
Conventions Developed under the Auspices of the
United Nations Environment Programme (UNEP)
  • 1998 The Rotterdam Convention on Prior informed
    Consent Procedure for Certain Hazardous Chemicals
    and Pesticides in International Trade
  • 2001 The Stockholm Convention on Persistent
    Organic Pollutants (POPs)

21
Basel Convention
  • Origin In the late 1980s, a tightening of
    environmental regulations in industrialized
    countries led to a dramatic rise in the cost of
    hazardous waste disposal.
  • Searching for cheaper ways to get rid of the
    wastes, toxic traders began shipping hazardous
    waste to developing countries and to Eastern
    Europe.
  • When this activity was revealed, international
    outrage led to the drafting and adoption of the
    Basel Convention.

22
Basel Convention Cont
  • From 1989-1999 the goal was setting up a
    framework for controlling the trans-boundary
    movements of hazardous wastes.
  • From 2000 through to 2010 the goal will be to
    build on this framework by emphasizing full
    implementation and enforcement of treaty
    commitments.
  • Basel Convention Website http//www.basel.int/

23
Basel Treaty Objectives
  • active promotion and use of cleaner technologies
    and production methods
  • further reduction of the movement of hazardous
    and other wastes
  • the prevention and monitoring of illegal traffic
  • improvement of institutional and technical
    capabilities -through technology when appropriate
    - especially for developing countries
  • further development of regional and sub regional
    centers for training and technology transfer

24
Goal of Minimizing Hazardous Wastes
  • A central goal of the Basel Convention is
    environmentally sound management (ESM)
  • The aim of which is to protect human health and
    the environment by minimizing hazardous waste
    production
  • In the future, more emphasis will be placed on
    creating partnerships with industry and research
    institutions to create innovative approaches to
    ESM

25
Overview of Compliance and Enforcement
  • This Convention contains specific provisions for
    the monitoring of implementation and compliance.
  • A number of articles in the Convention oblige
    Parties (national governments which have acceded
    to the Convention) to take appropriate measures
    to implement and enforce its provisions
  • Including measures to prevent and punish conduct
    in contravention of the Convention.

26
Controls on the Movement of Hazardous Waste
  • In order to minimize the threat, hazardous wastes
    should be dealt with as close to where they are
    produced as possible
  • Therefore, trans-boundary movements of hazardous
    wastes can take place only upon prior written
    notification by the State of export to the
    competent authorities of the States of import

27
National Reporting of Hazardous Wastes
  • Each country that is a Party to the Convention is
    required to report information on the generation
    and movement of hazardous wastes.
  • Additionally, the Convention offers
  • Technical Assistance
  • Training in the Management and Minimization of
    Hazardous Wastes

28
Rotterdam Convention
  • Governments started to address the problem of
    toxic pesticides and other hazardous chemicals in
    the 1980s by establishing a voluntary Prior
    Informed Consent procedure.
  • PIC required exporters trading in a list of
    hazardous substances to obtain the prior informed
    consent of importers before proceeding with the
    trade.
  • In 1998, governments decided to strengthen the
    procedure by adopting the Rotterdam Convention,
    which makes PIC legally binding.

29
Rotterdam Convention Cont
  • The Convention is not yet in force.
  • It will enter into force 90 days after deposit of
    the 50th instrument of ratification.
  • As of 4 September 2002 there were 30 Parties to
    the Convention.
  • There are 73 signatories to the Convention.
  • Website http//www.pic.int
  • Members http//www.pic.int/en/ViewPage.asp?id10
    6

30
Objectives
  • Promote shared responsibility and cooperative
    efforts among Parties in the international trade
    of certain hazardous chemicals
  • Contribute to the environmentally sound use of
    hazardous chemicals
  • by facilitating information exchange about their
    characteristics
  • by providing for a national decision-making
    process on their import and export
  • by disseminating these decisions to Parties.
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