[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. ____________________