[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

                                 ______


                          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.

                          ____________________