[Congressional Record Volume 140, Number 24 (Tuesday, March 8, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: March 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
PRINCIPLES FOR BASEL CONVENTION IMPLEMENTING LEGISLATION
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HON. LEE H. HAMILTON
of indiana
in the house of representatives
Tuesday, March 8, 1994
Mr. HAMILTON. Mr. Speaker, I wish to bring to the attention of my
colleagues the administration announcement of principles for
legislation to implement the Basel Convention on Transboundary Movement
of Hazardous Wastes. In a significant policy shift, the principles call
for a ban on all exports of covered waste--for treatment, storage,
disposal, and recycling--with some exceptions.
The goal of the 1989 Convention is to ensure that transboundary waste
shipments are in accordance with national laws. Since then 103 nations
have banned hazardous waste imports. In May 1992, the Convention
entered into force, and 54 nations have now ratified. The Senate
provided advice and consent in August 1992, but implementing
legislation is required for U.S. ratification.
The principles are timely, and can help give the U.S. influence at
the upcoming conference of parties to the Convention this month,
although the United States has not yet ratified. Furthermore, hazardous
wastes are an agenda item at the U.N. Commission on Sustainable
Development meeting in May.
A copy of the letter from the EPA Administrator Carol Browner, and
the attached principles to be used as the basis for legislation follow:
U.S. Environmental
Protection Agency,
Washington, DC, February 28, 1994.
Hon. Lee H. Hamilton,
Chairman, Committee on Foreign Affairs, U.S. House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Senate gave its advice and consent
to ratification of the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and Their
Disposal on August 11, 1992. Implementing legislation is
necessary before the United States is in a position to ratify
the Convention and thereby become a party. The purpose of the
attached package is to set forth the principles proposed by
the Administration to be reflected in such implementing
legislation.
I look forward to working closely with you in the coming
months to transform the enclosed principles into legislation,
taking one more step toward our shared goals of preventing
pollution and improving the global environment.
The Office of Management and Budget advises that the
submission of these principles is in accordance with the
program of the President.
Sincerely,
Carol M. Browner,
Administrator.
Administration Position Statement on Basel Legislation
The Basel Convention promotes the achievement of a goal the
United States has long supported--the reduction of risks to
health and the environment posed by improperly managed
wastes. In this regard, the Convention, among other things:
Requires parties to minimize the generation of Basel
wastes, taking into account social, technological and
economic aspects;
Requires parties to ensure the availability of adequate
disposal facilities for the environmentally sound management
of Basel wastes;
Requires parties to ensure that the transboundary movement
of Basel wastes is reduced to the minimum consistent with the
environmentally sound and efficient management of such wastes
and is conducted in a manner which will protect human health
and the environment against the adverse effects which may
result from such movement;
Prohibits a party from exporting Basel wastes if the
importing state or transit state does not consent; and
Prohibits a party from exporting or importing Basel wastes
if it has reason to believe that such wastes will not be
managed in an environmentally sound manner, even if all
concerned states have consented to the transboundary
movement.
The principles proposed below for implementing these Basel
obligations would generally confine disposal and recycling of
Basel wastes to the United States, with two exceptions:
First, transboundary movements to Canada and Mexico would
be permitted; given their geographic proximity, movement of
wastes across the border to Canada or Mexico may be more
environmentally sound or efficient in many instances,
possibly avoiding transport over long distances within the
United States. (It should be noted, however, that Mexico does
not at this time permit the import of wastes from the United
States for disposal; thus, practically speaking, only
shipments of waste for recycling will be allowed to
continue.)
Second, there would be an exemption from the general ban on
transboundary movements of Basel wastes under exceptional
circumstances.
The proposed approach would not only serve to implement
U.S. obligations under the Basel Convention, but would also:
Promote the U.S. policy goal of reducing risks to health
and the environment posed by improperly managed wastes; and
Protect the U.S. environment, by minimizing the movement of
hazardous wastes through U.S. ports, territorial sea and EEZ
and by recognizing that the movement of wastes to Canada and
Mexico may offer the most environmentally sound means of
managing certain U.S. domestic wastes.
It should be noted that the Basel Convention's definition
of ``waste'' refers to national law. Thus, for the United
States, Basel wastes do not include commodity-like
recyclables such as paper, glass, and scrap metal. For other
materials that are frequently shipped for recycling, the
Administration will apply existing waste classification
procedures to determine whether they should be covered or
excluded.
covered waste
To implement the terms of the Basel Convention, we are
obligated to enact legislation to control the transboundary
movement of the following wastes:
(1) Hazardous waste that is identified or listed under
Section 3001 of the Solid Waste Disposal Act; and
(2) Additional wastes covered under the Convention:
Municipal solid waste,
Municipal incinerator ash,
Waste provided special status domestically under sections
3001(b)(2) and 3001(b)(3) of RCRA, if such waste exhibits a
characteristic of hazardous waste identified under section
3001, and
Any waste identified in regulations promulgated by the
President as necessary to implement the Basel Convention and
any amendments thereto.
It should be noted that transboundary movements from the
U.S. of certain commodity-like secondary materials for
recycling (specifically scrap metal, paper, textiles and
glass, when separated and exported for recycling) are not
subject to the Basel Convention and therefore are not covered
by this legislation. In addition, the implementing
legislation should provide a mechanism for the Executive
Branch to identify other commodity-like recyclables that
would be placed outside the scope of this legislation.
The Administration will support legislation that addresses
the principles outlined below. Specifically, we believe that
Basel implementing legislation should:
bans
Ban all exports of covered waste for treatment, storage,
disposal and recycling, except for those to Canada and
Mexico. However, allow for the export of covered waste for
recycling pursuant to the terms of OCED Council Decision
C(92)39/FINAL for five years after the date of enactment of
this legislation.
Ban exports of covered waste to Antarctica.
Ban exports of covered waste to any country that has
prohibited its import. Should a country that has banned waste
imports lift its ban at a future date and should an exporter
in the U.S. wish to send waste to that country pursuant to
the terms of this legislation, the exporter must first
request and obtain a finding from the President that the
country to receive the waste can manage it in an
environmentally sound manner, as defined under this Act.
Ban imports and exports of covered waste to facilities
which the U.S. government has reason to believe will not
manage the waste in an environmentally sound manner.
Prohibit the import of covered waste into the U.S. or for
transit through the U.S. to another country without the prior
written consent of the President.
Exemptions
Exempt radioactive waste, including spent nuclear fuel,
that is subject to other international control systems,
including international instruments, applying specifically to
radioactive materials. Do not exempt mixed radioactive and
hazardous waste, which is currently subject to domestic waste
regulations and current export and import regulations.
Exempt transboundary movements of hazardous or additional
waste generated or managed exclusively (1) by United States
government activities or facilities located abroad or (2) on
board United States sovereign immune vessels or State
aircraft, into an area under the national jurisdiction of the
United States for further use, recycling, treatment, or
disposal.
Exempt wastes generated or exclusively managed by a foreign
government in the U.S. so long as they are being shipped to
that foreign country or transferred to another country where
they will be disposed of in an environmentally sound manner.
Additional provisions
Provide the authority to require the return of waste (other
than radioactive waste subject to other international control
systems) that is domestically-exempted under U.S.
environmental regulations, should it be exported and/or
managed in violation of the terms of its exemption (e.g.
materials that are not classified as a solid waste when
recycled). Also grant authority to investigate any suspected
violations of such an exemption.
Define ``environmentally sound management'' by outlining
general criteria, similar to general components of sound
waste management in the U.S., which we believe to be
essential parts of any environmentally sound program.
Recognize existing Canadian and Mexican waste bilaterals
and the OECD multilateral as valid Article 11 agreements or
arrangements under the Basel Convention and provide authority
for review and revision, if necessary, of those existing
agreements or arrangements. Also recognize as valid Article
11 agreements those agreements that provide for U.S.
government activities and installations abroad (including
status of forces and other agreements and implementing
arrangements) thereby permitting movements of U.S. government
waste from overseas military operations for treatment,
storage and disposal.
Provide strong enforcement authorities, which include
allowing the U.S. to (1) return to the U.S. any covered waste
if it has been illegally exported or mismanaged, (2) return
wastes that have been illegally imported or mismanaged, (3)
prosecute those who have violated U.S. law, and (4) recover
any cost to the U.S. government associated with these
enforcement actions.
Provide authority for collecting fees to cover the costs to
the federal government of implementing the terms of the
Convention.
Provide authority to issue supplemental regulations as
necessary to fully implement the Basel Convention.
The President may, in his discretion, grant exemptions from
the export bans above, by waste shipment or type, for:
Treatment and disposal, based on a finding that: (1)(a)
suitable treatment or disposal sites are not available within
North America; or (b) an innovative technology will be used
that is superior, environmentally or economically, to that
which is available in North America; and (2) the waste would
be managed in a manner that is at least as environmentally
protective as would be required in the United States, taking
into account risks of transport from the point of origin to
the destination and the importing country's environmental
program, site and region-specific factors, infrastructure,
and management risks; and
Recycling, based on a finding that: (1) the waste would be
managed in a manner that is at least as environmentally
protective as would be required in the United States, taking
into account risks of transport from the point of origin to
the destination and the importing country's environmental
program, site and region-specific factors, infrastructure,
and management risks; and (2) the waste shipment meets
certain other criteria to ensure that it is truly for
recycling (e.g., accompanied by certification that the waste
would be beneficially recycled as a raw material, based on a
specific request for the material from the government of the
importing country, and the waste's having a positive economic
value);
provided that, with respect to any importing country that is
not a Party to the Basel Convention, an agreement under
Article 11 of the Convention must be in place.
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