[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Notices]
[Pages 8323-8324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4864]



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DEPARTMENT OF STATE
[Public Notice 2340]


Notice To Seek Public Comment on Entering Into Bilateral 
Agreements With Parties to the Basel Convention on the Transboundary 
Movement of Hazardous Wastes and Their Disposal To Allow Those 
Countries To Export Wastes to the United States Consistent With the 
Convention

LEAD AGENCY: Department of State, Washington, DC.

COOPERATING AGENCIES: Environmental Protection Agency (EPA), U.S. 
Department of Commerce, Office of the U.S. Trade Representative.

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SUMMARY: The Basel Convention on the Control of Transboundary Movements 
of Hazardous Wastes and Their Disposal prohibits a Party to the 
Convention from trading in Basel-covered wastes (i.e., hazardous and 
other wastes) with a non-Party, absent an agreement or arrangement 
consistent with Article 11 of the Convention. The United States is not 
a Party to the Convention, and there is interest in agreements or 
arrangements to allow the import of hazardous wastes from Convention 
Parties to the United States. The United States Government is seeking 
public comment to evaluate the need for additional waste agreements or 
arrangements.

SUPPLEMENTARY INFORMATION:

I. Background on the Convention

    The Basel Convention on the Control of Transboundary Movements of 
Hazardous Wastes and Their Disposal was adopted in 1989, and entered 
into force in 1992. The Convention's general objective is to protect 
human health and the environment against adverse effects of wastes 
under its scope by minimizing their generation and transboundary 
movement, and ensuring their environmentally sound management. Wastes 
covered by the Convention include certain wastes exhibiting hazardous 
characteristics set forth in the Convention, as well as ``other 
wastes'' (consisting of household wastes and residues from incineration 
of household wastes).
    Among other provisions, the Convention establishes conditions under 
which transboundary movements of Basel-covered wastes may occur. These 
conditions include a requirement that the exporting Party obtain the 
prior written informed consent of the importing Party before a shipment 
can proceed, as well as requirements that the waste be managed in an 
environmentally sound manner. The Convention, along with a detailed 
explanation of its provisions and an outline of the history of its 
development, is contained in Federal Register Notice, 57 FR 20602 (May 
13, 1992).
    Currently, 97 States and the European Community are Parties to the 
Convention. The United States was among the original signatories of the 
Basel Convention, and the U.S. Senate subsequently gave its advice and 
consent to ratify it. However, for the United States to meet the 
obligations of the Convention, additional statutory authorities are 
needed. Administrations have sought without success since 1991 to 
obtain these statutory authorities. As a consequence, the United States 
has not ratified the Convention. However, the United States has 
continued to participate actively, as a non-Party observer, in meetings 
and Conferences of the Basel Parties.
    The Convention specifies particular controls on trade between Basel 
Parties and non-Parties. Parties are prohibited from trading in Basel-
covered wastes with non-Parties, except in cases in which a Party 
concludes an agreement or arrangement pursuant to Article 11 of the 
Convention. Article 11(1) enables Parties to enter into bilateral, 
multilateral or regional agreements or arrangements for the 
transboundary movement of Basel-covered wastes with Parties or non-
Parties, provided that such agreements or arrangements do not derogate 
from the environmentally sound management of Basel-covered wastes as 
required by the Convention. It also provides that agreements or 
arrangements entered into by Basel Parties shall stipulate provisions 
which are not less environmentally sound than those provided for by the 
Convention.
    Because the United States is not currently a Party to the 
Convention, several Basel Parties and U.S. firms have expressed an 
interest in the United States entering into Article 11 bilateral 
agreements/arrangements in order to enable continued export of Basel-
covered waste to the United States for recycling or disposal. The 
Department of State, on behalf of the U.S. government recently 
concluded such a bilateral agreement with Malaysia covering exports of 
hazardous wastes into the United States, and is developing agreements 
with several other Basel Parties.
    The requirements for agreements or arrangements developed by States 
prior to the entry into force of the Convention are somewhat different, 
and apply to three pre-existing agreements and arrangements of which 
the United States is a Party. Article 11(2) provides that the 
provisions of the Basel Convention shall not affect transboundary 
movements which take place pursuant to such agreements provided that 
such agreements are compatible with the environmentally sound 
management of hazardous wastes and other wastes as required by the 
Convention. The U.S. has bilateral waste agreements with Canada and 
Mexico which predate entry into force of the Convention. In addition, a 
decision by the Organization for Economic Cooperation and Development 
(OECD, of which the United States is a Party), covering trade of 
hazardous wastes between OECD states for recycling only, is considered 
an arrangement under Article 11.
    Today's notice seeks comment on entering into bilateral agreements 
or arrangements for imports of Basel-covered waste into the United 
States for disposal and recycling. These agreements would not address 
Basel-covered waste exports from the United States to Basel Parties. 
The Administration may address export bilaterals in a future Federal 
Register notice.
    The import agreements under consideration would have to meet the 
requirements of Article 11 of the Basel Convention. Only Parties to the 
Basel Convention, and not the United States, have the obligation under 
the Convention to meet the Convention's requirements. Thus, each 
exporting Party will ultimately need to determine for itself whether an 
agreement meets its Basel Convention obligations. At the same time, the 
United States would only negotiate and conclude agreements that the 
U.S. Government believes will meet the Convention's requirements, as 
stipulated under Article 11.
    The U.S. import of Basel-covered wastes pursuant to Basel-
consistent agreements should not pose environmental difficulties for 
the United States. Wastes imported into the United States will be 
managed in an environmentally sound manner pursuant to U.S. laws and 
regulations, 

[[Page 8324]]
and may often be better managed than in the country of origin. It may 
be more economically efficient to export wastes to the United States 
for management in existing U.S. facilities, particularly for 
specialized waste streams and substances, than to construct new 
facilities in the country of origin. In many cases, advanced facilities 
in the United States enable the environmentally sound recovery of 
valuable secondary materials.
    Under the type of import agreements described in this notice, the 
Environmental Protection Agency (EPA), the designated competent 
authority of the U.S. Government, will be able to express its consent, 
conditional consent, or objection to proposed imports of hazardous 
wastes. EPA will exercise its prerogative to consent or object to 
imports consistent with its statutory and regulatory authority. Current 
U.S. Government policy is to withhold consent only if it has reason to 
believe a shipment may not be managed in accordance with applicable 
U.S. laws and regulations.
    Based on experience to date, the negotiation of each agreement is 
likely to take some time (several months). Administration resources are 
limited, and it is not expected that additional resources will be 
available for these purposes. In addition, the notice and consent 
procedures referred to above will impose an increased administrative 
burden on the U.S. Government. Once the U.S. Government evaluates the 
demand for these agreements, it will consider how many agreements to 
enter into, and how to prioritize requests, if necessary.

Public Comment

    The Department of State is seeking the comment from the public on 
the potential demand for additional agreements for the movements of 
Basel-covered waste to the United States, and would be interested in 
the following specific information, where applicable, from firms and 
others with an interest in such agreements:
    (a) Expected country of export, expected amount and frequency of 
such exports to the United States;
    (b) whether more than one generator produces wastes which could be 
handled under an agreement;
    (c) types of waste (including whether the wastes are considered to 
be hazardous under the Convention and/or under the laws and regulations 
of the United States or the exporting party);
    (d) whether such wastes are for final disposal or treatment or 
recovery, and whether a substantially increased proportion is likely to 
be recovered in the future;
    (e) whether such wastes are being exported because of a lack of 
adequate management capabilities and/or pressing environmental 
conditions in the exporting country;
    (f) whether destinations closer than the United States to the 
generation of the waste would also provide environmentally sound and 
efficient management;
    (g) whether U.S. waste management capabilities are superior to 
those in the exporting country; and
    (h) whether acceptance of such wastes by the United States would 
reasonable be expected to provide a disincentive to the future 
development of adequate environmental facilities in the exporting 
country;
    (i) whether any other conditions require that such wastes be 
exported to the United States for disposal or recovery.
    The State Department will use this information to determine 
whether, given available resources, it will be necessary to develop 
criteria for entering into and prioritizing among proposed bilateral 
agreements. The State Department welcomes public input regarding such 
criteria.
    Individuals or organizations are invited to provide written 
comments to: U.S. Department of State, OES/ENV, ATTN: Mr. Trigg Talley, 
2201 ``C'' Street, N.W., Washington, D.C. 20520, TEL: (202) 647-5808, 
FAX: (202) 647-5947.
    Comments and suggestions should be received no later than 60 days 
following the date of publication of this notice in order to be 
considered.

    Dated: February 16, 1996.
Trigg Talley,
Environmental Affairs Officer, Department of State, OES/ENV.
[FR Doc. 96-4864 Filed 3-1-96; 8:45 am]
BILLING CODE 4710-09-M